HomeMy WebLinkAbout2022-07-25 SB Packet - Released SELECT BOARD MEETING
Monday, July 25, 2022
Conducted by Remote Participation*
6:00 P M
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 78]-698-
4580 if they wish to speal�during public comment to assist the Chair in managing ineeting tunes.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
l. Select Board Member Concerns and Liaison Reports
TOWN MANAGER REPORT
CONSENT AGENDA
1. Waterand SewerAdjustments
2. Approve Sale of the Hosmer House
3. Approve Select Board Meeting Minutes
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing:Noise Bylaw Special Permit-Night Work for Water Main 6:lOpm
Replacement on Lowell Street
2. Appoint Members to S chool Building Committee 6:25pm
3. Update on American Rescue Plan Act(ARPA) 6:35pm
4. Discussion on Special Town Meeting Warrants 6:SSpm
5. Update from Semiquincentennial Commission(Le�50) & Request for Funding 7:25pm
6. Update on Proposed LexSeeHer Monument and Location 7:40pm
EXECUTIVE SESSION
l. Exemption 3:Discuss Strategy with Respect to Litigation 7:SSpm
ADJOURN
1. Anticipated Adjourmllent 8:30pm
The Select Boaxd meeting packet is typically available at least one business day in advance of the
meeting:https://lexington.novusagenda.com/agendapublic/
Mernbers of the public can view the meeting webinar from their computer or tablet by
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Webinar ID: 810 9754 9981
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�An Act Relative to Extending Certain State of Emergency
Accomodations:https://www.mass.gov/the-open-meeting-law
The next regularly scheduled meeting of the Select Board will be held on Monday,August 8, 2022
at 6:OOpm via remote participation.
Hearivrg Assistahce Devices Available on Request �� ����
All ager�da time and the om'er of items are app�ximate ana'
.s�hj��t to�hange. Reaorded by LezMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Concerns and Liaison Reports
ITEM
PRESENTER: NUMBER:
Select Board Members
LR.1
SUMMARY:
Please see the attached Select Board Member Concerns and Liaison Reports for the Ju1y 25, 2022 meeting.
Under this item, Select Board Members can also comment on any additional points and concems.
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022
ATTACHMENTS:
Description Type
L� �`�s,Os.c;t ICs�uaV&"�ima�;�r�um�;ar���Ctuu�rtrrr➢Crps2aPd�>..�ia��➢y;�i,1.�"I:T. �a�lk���IVll�ua:P•c�f
Select Board Concerns and Liaison Reports—July 25, 2022
Joe Pato:
Lexington Housing Assistance Board (LexHAB)
• Consideration of potential Town Meeting Articles
LexHAB is exploring changes to its structure to become a 501c3 entity not directly supervised by
the Select Board and not viewed as an entity of Lexington's municipal government.To affect this
change,they would need to amend or replace the special act(Chapter 521 of the acts of 1983)
establishing a nonprofit housing corporation in the town of Lexington.Town Meeting action is
required to request the Select Board to petition the legislature for this change.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Water and Sewer Adjustments
ITEM
PRESENTER: NUMBER:
Jill Hai, Select Board Chair
C.1
SUMMARY:
Water& Sewer Adjustments as recommended by WSAB 6/]6/22 ($61,977.11)
SUGGESTED MOTION:
To approve the above Water& Sewer Adjustments as recommended by WSAB on June 16, 2022.
Move to approve the consent.
FOLLOW UP:
Treasurer/Collector
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022
ATTACHMENTS:
Description Type
❑ �1I°�,f0a8ji 7 i.�IZ �'arv�^t P�a°rnmr
FY 7047
�775 AOJIISTMENTi TO WATFRJ SEWER
AS 0.FCOMMENOFO 6Y 7XE W/.7F0.�.No SEWER ABATEMENT BOARG
<�� ��� WSAH JUNE 46�707R SELER 60ARO JIILY 75 46y$
Np�K'
O�GQfi62300 142 WaO�STREET 515.94 1 851.78 2 767,72 104068H 2O22 iOILET lE.4K
020U445600 74 9LIRLINGTON3TREET 97.36 303.63 S 404.99 1036802 2�22 TOILETLEAK
6200011200 174s Mn55ActiusE7isAVE 23A.62 930.57 1166.34 10149BI 20Z2 TOILETLEAK
Q206902T00 3 WI5TERIALANE 1075.02 343G.54 4509.56 1019832 2022 TORETLEAK
0700016fD0 1024 MA33ACHUSE778AVE 416.21 7 505.59 7 9B139 10763fi5 2022 T01L�7 L�A.K
0206491700 355 NORTH EMER54N ROA� 432.00 1 398.80 I 827.60 1036949 2022 TOILET LEAK
0200571200 102 MERiAM5TREET i36.73 427.73 557.66 1638756 2022 TOILETLE4K
010o27fi600 AO LRWRENCE LANE 324.44 1 o11.4B 1 335.93 1037897 2022 701LEY LEAK
01P0142600 32 AMESAVE 453.39 1424.05 1 874.44 7032087 2022 701LET LEAK
O1p70Iq500 7 LIFCFIFIElOROAO 66.86 78.88 287.77 7034725 2022 TOItETLEAK
700294200 35 PFACOCH FARM FtoAo 1 494.50 4 756.88 6 281.79 7054767 2022 TOILET LEAK
01 0041 8 400 N33 MASSACHl13ETTSAVE �a�.aa 454.53 546.01 103G3B7 2022 TOfLETLEAK
0200880200 57T LOWELL S7REE7 261.03 605.51 7 Q66.54 1079553 2022 TOlLEi LEAK
02006POZ00 2B2 E ERBON ROAD 7 704.89 � 3509.83 4 014.52 103&236 2022 TOILET LEAK
�300790500 81 FIFERLAME 122.24 381.91 504.15 � i042355 2022 TDILE7LE4K
0700207000 215 MARRE7TROA� 11.44 i2.45 83.87 10329J9 2022 T4ILETLEAK
0190013700 917 MASSACMVSETT9AVE 158.57 542.46 501.13 103 577 2U22 LEAKINGSPIGOT
0200368900 21 HAMILTON ROAD � 738,6i 1 053.86 1 342.32 1038130 2422 9ROREN PIPE
020089890d 78 EASTSTREET 42.56 87.37 224.75 1924138 2021 eRoxENpaoLpUioFILLEk
� 0100274802 23 80330MCREST ROA� 80794 807.94 1018772 2021 IRR LEAR
020U532702 164 GqANT STREET 2 399.94 a 399.94 1022872 20Y1 3RR LE4K
0800734902 77 CARLEY ROA 1 146.24 1 4fi.24 1028329 2021 IRR LEAK
0260330502 19 SLOCl1M ROA� 1 683.54 1 fiB3.54 1020021 2021 IRR LEAK
0260310700 1726 MA89ACHl18Ett5A4E 1656.79 4406.31 fi263.16 1019725 26Z1 FqILEOMETERTEST
0200310700 1726MA59ACHU9Ett3A4E 5412.75 t28B5.61 1840958 f034986 2022FA[4EpMETERTEBT
010W77300 805d MASSACNUSETT5AVE NA NA NA 1030331 7022 INTER�STONLY
0'10016P700 24 FNRIPROA� NA MA NF 10.72348 2022 INTERESTONLY
OP00074100 40 AFCOiA STREET NA NA NA f0i6922 2D21 INTERES70NLY
$ (20,702.t2) � (41,274.99) $ (61,977.11�
It Ss the ratammendat�on of the Water oad Sewer Abatement Boord thnt the Town Collecto�be nu�horizad to wuive interest tha!has accrued an tha bills included herein,unless stored
here atherwise,from the due dafe of ii+e bill until 30 calendar days aNer the dote of wrinan aatifimtion to applicam of fhe Selectmen's action.
THE SUM SET AGAINST THE A90VE ACCOl1NT5 IS HEREBY ADJUSTED. .
WATER SEWER TOTAE
$ (20,702.12) $ (41,274.99) $ (61,977.11}
�
AC71MG UIRECTOR OF PUBLIC WORKS SELECT dOAR� JULY 75,7022
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Sale of the Hosmer House
ITEM
PRESENTER NUMBER:
Jill Hai, Select Board Chair
C.2
SUMMARY:
Attached please fuld the bid submission from John Carroll for the Hosmer House for$2.00. As the Board is
aware, the Historic Districts Commission approved a Certificate ofAppropriateness to move the Hosmer
House from its current location to the proposed location on Waltha�n Street. The Board already approved the
location. While the project will still require approvals from the Planning Board and ZBA, those are in process
and more detailed site plans are being developed by the Carrolls for that part of the permitting process.
SUGGESTED MOTION:
Move to approve the bid from John Carroll for$2.00 to purchase the Hosmer House and move it to a new
location on Waltham Street, subject to all other permits Ueing issued and further to authorize the Chair of the
Select Board and Town Manager to execute any documents necessary to effectuate this vote.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022
ATTACHMENTS:
Description Type
L� �I[Qkauu�rlHf;sao�cll�'ua� Q��'aa�cr�✓i�rmrc�
Proposal Evaluation—Part III
The Town requests the proposer specify a purchase price for the Hosmer House structure. The
proposer bids the following amount to purchase the Hosmer House:
$ �. Ob ( �rv�l� --- Dollars). The
propasal containing the highest amount for the structure will be considered highly advantageous.
The Town has established no minimum amount for the sale of the structure.
The Town seeks ta encourage investment in the Property to irnprove the overall appearance and
attractiveness to the community and will consider proposals containing a substantial capital
investment as highly advantageous.
All proposers must submit separate price and non-price proposals. The price prapasal containing
tha purchase price(this section)must be sealed in a separate envelope and marked"Price
Proposal". The price proposal will not be opened until the Town has evaluated all other
materials. The nan-price or technical proposal is an important element in selecting a bidder.
This process is structured to provide an orderly and fair comparison af proposals.
10
Town of Lexington
Request for Proposals ("RFP") for the Sale,Moving and Relocation of the Hosmer House
Sealed written proposals will be received by the Town of Lexington(the"Town")through its
Town Manager at Town Hall, 1625 Massachusetts Avenue, Lexington, MA 02420 until 10:00
AM on Tuesday,April 19,2022 at which tinne they will be publicly opened, to purchase,mave
and relocate the following persanal property(the "Property"):
Hosmer House Building at 1557 Massachusetts Avenue
All proposals must be sealed and conspicuously marked"Hosmer House Purchase and
Relocation Proposal". Complete instructions and requirements for this RFP may be obtained
from the Elizabeth Mancini, Purchasing Director, 1625 Massachusetts Avenue, Lexington, MA
02420 or via email by contacting Elizabeth Mancini, Purchasing Director at
emancini(cr�,lexin tg onma.gov. The Town shall consider the qualifications of all proposals,prior
to awarding a bid. Said bid award shall be subject to the provisions of MGL, Ch. 30B.
The Town of Lexin:gton reserves the right to reject any or all proposals,to waive minor
informalities and to make the award as may be determined in the Town's best interest. The
Town makes no representations or warranties,express or implied, as to the accuracy and/or
campleteness of the information provided in this RFP.
Elizabeth Mancini
Purchasing Director
�%/�, � �,� i . �� �,�provcc.,,�...
//f�S oscc� s sc.�.�j,iee�' �-o �'o
� � � ��
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Generai Statement
The Town of Lexington is seeking proposals to purchase,move and relocate the building known
as fhe "Hosmer T�ouse"located at 1 S571VIassachusetts Avenue,Lexington, MA (the"Property").
The Property contains approximately 1440 square feet consisting of a former residential
building.
The successful proposer will be selected on the basis of their responses to information contained
within this RFP. A bid will be awarded for the purchase and relocation of the Hosmer House,
which must complete on or before August 31,2022.
The terms under which a sale will be granted are included in the RFP and purchase and sale
agreement. All conditions contained within these documents regardless af whether they are
noted only in one or the other will be binding on the purchaser. Therefore,they shauld be read
carefully prior to submitting a proposal.
Proposals will be accepted until 10:00 AM on Tuesday,April 19,2022. A11 proposals should
consist of separate price and non-price information. The non-price proposal should include a11
information requested by the RFP. The price proposal should include only the purchase price.
The proposer will be responsible for all costs associated with moving,permitting,relocation and
restoration of the Hosmer House. The price proposal must be sealed in an envelape separate
from the non-price proposal and so noted. It will be opened separately from the non-price
proposal.
The Town will conduct tours of the Property to acquaint individuals with existing conditions. It
is very important that prospective proposers view the Property prior to submitting a proposal.
Na exceptions will be made for errors or omissions resulting from proposers not being familiar
with existing conditions. There will be no pre-bid conference but if an interested bidder
should like to tour the property,please cantact Elizabeth Mancini directly-
emancin i(a7lexin��onm a.�o-�.
The selected proposer will be required to subrnit a disclosure of beneficial interests to the
Division of Capital Asset Management and Maintenance(DCANIM)as required by M.G.L. c.
7� §38.
2
Generai Conditions and Instructions for Proposals
1. It will be the sole responsibility of the praposer to have its proposal delivered to the
Office of the Purchasing Director on or before 10:00 AM on Tuesday,April 19, 2022.
2. The signed proposal shall be considered an offer on the part of the proposer and deemed
accepted upon approval by the Purchasing Director. In the case of default on the part of a
proposer after such acceptance by the Purchasing Director,the Town may take such
action,as it deems appropriate,including but not limited to retaining the proposal
guarantee as liquidated damages.
3. Proposal declaration and certification shall contain the following details:
a. If proposer is an individual,the signature shall be witnessed by two (2)other
individuals.
b. If the proposer is a partnership,the word, "Partner" shall appear after the
signature of the partners. All partners shall sign the proposal and signatures shall
be witnessed by two (2)other individuals,provided that if the partnership consists
of moxe than five (5)partners,the proposal may be signed by any one partner
authorized to sign on behalf af the partnership,which authorizatian shall be
attested to by said partner.
c. If the proposer is a corporation,the signature of the officer(s)or individual(s)
authorized by its bylaws to sign such documents is required, attested to by the
corporate secretary and with an official corporate seal affixed thereto.
d. A list of all principals and beneficial owners on the E�ibit H-Formal
Identification Page
4. The Town of Lexington shall not be responsible for oral interpretations given by any
Town personnel or representatives or others. The issuance of a written addendum is the
only official method whereby interpretations, clarification or additional information can
be given.
5. Questions must be submitted in writing via email to Elizabeth Mancini
(emancinira�lexin�tonma. o�v)no later than 12:00 PM on Friday,April 8, 2022.
Questions that affect all bidders shall be issued as written addenda to all bidders that the
Town is aware have requested documents. Bidders should contact Elizabeth Mancini if
they believe an addendum has not been received.
6. A bidder may correct,modify or withdraw a proposal by written notice received by the
Town of Lexington no later than the close of business on the day before the proposal due
date and time. Proposal madifications must be submitted in a sealed envelope clearly
labeled"Madification No._."Each modification must be numbered in sequence,must
reference the original RFP and must be signed by the same person who signed Exhibit J
or a surrogate so authorized in writing.
3
7. After the opening, a praposer may not change any provision of the proposal in a manner
prejudicial to the interests of the Town or fair competitian as determined by the Town of
Lexington.
8. All expenses for making this proposal to the Town are to be borne by the proposer. The
Town is not liable for any costs associated with this proposal and/or any resulting
agreement.
9. Pre-awaxd negotiations may be conducted with the selected proposer.
10.No contract shail be created merely by the selection of a preferred proposal.
11. The proposer shall sufficiently demonstrate the financial ability to the satisfaction of the
Town for the purpose of purchasing,moving and relocating the Hosmer House. Said
determination will be at the sole discretion of the Town.
12. The pxoposer shall pravide sufficient proaf of ownership of the property where the
Hosmer House is praposed to be relocated. Alternatively,the proposer shall submit site
control documents in the form of a fully executed purchase and sale agreement for the
property where the Hosmer House is proposed to be relocated, contingent only on the
award af this RFP. Determ�natian of whether the proof of ownership, site control, or
interest in the real estate is sufficient will be at the sole discretion of the Town.
13. T'he most ad�antageous proposal from a responsive and responsible proposer,taking into
consideration price and all other evaluation criteria set forth in the solicitation, will be
selected.
14. The Town of Lexington reserves the right to:
a. Cancel this RFP at any time with or without notice ta prospective bidders.
Reasonable efforts will be made to give timely notice.
b. Accept or reject, in whole or in part, any and all bids as permitted by law.
c. Award contracts as it deems best serves the interests of the Town of Lexington.
d. Waive ar adjust non-statutory bid requirements before or after bids are opened in
whatever ways it deems best serves the interests of the Town of Lexington, while
also being non-prejudicial to the interests of fair competition.
4
Indemnitv and Liabilitv Covera�e
The proposer will be required to execute an extensive indernnification clause which will require
among other things,that the Town be fully indemnified, defended and held harmless by the
proposer against any and all claims, suits,actians, damages, etc. arising from this agreement and
any work conducted thereunder, including for any bodily injury, loss of life, damage to property,
etc. The proposer will be required to provide a bond or such other security as the Pu.rchasing
Director shall deem satisfactory and maintain comprehensive general liability insurance naming
the Town as an additional insured in the minimum amounts shown below. The foregoing reflects
some of the requirements of the Town's indemnification and liability coverage.
The successful proposer hereby agrees to indemnify and hold harmless the Town, its agents,
officers and employees,free and hannless of any claim, liability, cause of action, expense or
charge of whatever kind of nature and against a111oss or liability which may arise out of or be
connected with the performance of successful proposer's duty hereunder and shall defend any
suit, claims or causes of action brought by or an behalf of any person arising out of the
performance of such duties and pay all costs and expenses in connection with or as a
consequence of said suit including attorney's fees in connection therewith.
Worker's Compensatian
The successful proposer shall maintain Worker's Compensation Insurance at a minimum of the
statutory limits as promulgated by the Commonwealth of Massachusetts and shali provide
written proof of such coverage to the Town Manager's Office annually or as requested.
Insurance Reauirements
Comprehensive general liability insurance naming the Town as an additional insured, carrying
product liability insurance as follows:
Bodily Injury Minimum$1,000,000
Personal Injury Minimum$1,000,000
Property Damage Minirnum$ 500,000
Worker's Compensation Statutory Minimum
Additional Umbrella Insurance Minimum$1,000,000
For purposes of this form,"Proposer"means any person, firm, corporatian,partnership,joint
venture or other entity, who ar which owns or controls 5%or more of the voting stock(or any
equivalent voting interest of partnership or venture)of proposer.
5
Specifications
The specifications in Items(1)through(5)below should be responded to in sufficient detail for
the proposal to be evaluated as per the evaluation criteria in Proposai Evaluation Part II.
1. The proposer shall identify any construction experience they have and whether they have
any experience in moving a structure through public ways.
2. The praposer shall indicate all members of their team that will be involved in the
purchase,moving,permitting and relocation of the Hosmer House.
3. The proposer will include the address the Hosmer House will be relocated to, methods of
relacation and shall provide proof af awnership or interest in the real estate, sufficient to
the Town. No proposer shall submit a proposal that relocates the Hosmer House to a
property owned by the Tawn without prior approval af the Select Board.
4. The proposer shall identify the future use of the structure and how it will comply with the
restrictions attached as Exhibit A. A full description of renovation is expected to be
provided by the proposer, including proposed floor plans, elevations and a proposed site
plan that shaws the driveway access/grades and other exterior features. Any use shall be
subject to existing zoning in place at the location that the proposer submits the house to
be moved ta,how the renovation will comply with any requirements of the Historic
Districts in the Town of Lexington or if the property is to be located outside of a Historic
District. Further requirements applicable to said Historic District shall apply unless
otherwise waived by the Lexington Historic Districts Cornmission.
5. The successful proposer, at their expense shall secure all the necessary licenses,which
may include but are nat lirnited to, special permits,building permits,plumbing permits,
electrical permits, street closure approvals,permits from any private utilities and any
other building permits or licenses as may be required.
6. All of the specifications,tertns and conditions as specified in all the docurnents that
constitute this Request for Proposals shall be applicable to any resulting purchase and
sale agreement.
7. The actual moving of the building must occur on a day of the week and at a time
approved in advance by the Town Manager and Chief of Police. Any raad closures will
require the pre-approval af the Select Board.
8. The propaser shall provide all equipment essential to perform their contractual duties.
9. Propaser will pay for all utility costs relating to the moving and relocation of the structure
and will be responsible for obtaining all approvals and meeting conditions of all utilities.
10.No property locatians that have been previously submitted will be considered in this RFP
process.
Proposer's Signature: Date: �• � �- �,2..,
6
Pranosal Evaluation-Part I
A key component to the initial evaluation process will be that the proposer shall submit the
following criteria to all for proper basis for evaluation. Check Yes or NO for submission of the
following. Proposer should also be aware that this listing is subject to alteration. Proposer must
answer"Yes"to all items for further consideration.
YES NO
✓� 1. Signed Statement of Non-Collusion
✓ 2. Completion of Formal Identification of Proposal Form
,/ 3. Signed Proposer and Insurance Agent Certificate
_,� 4. Completion af Proposal Certificatian
,/ S. Sign off on all Specifications and Applicable Addenda and signature.
✓ 6. Signed Statement of State and Local Tax Payments
Proposal Evaluation—Part II
As part of the secondary evaluation process,the Town is required ta establish certain
comparative evaluation criteria. These criteria reflect rating categories which will be used to
evaluate each proposal. For each comparative evaluation criteria set farth below,the Town will
rate the proposers answer as:
H="Highly Advantageous"
A="Advantageous"
N="Not as Advantageous"
U="Unacceptable"
The averall composite total of these ratings will be used to judge the proposals deemed to be in
the Town's best interest. If the proposal receives an"Unacceptable"rating on any single
criterion,the composite rating will also be"Unacceptable". Therefore if an"Unacceptable"
rating is received on any one of the detail items listed below,the proposal will not be accepted.
The following comparative criteria are being used:
1. Construction and redevelopment/restoration of historic structure experience:
H= 10+Years
A=6-9 Years
N=3-5 Years
U=Less than 3 Years
2. Experience in moving structures off of physical locations/foundations to other locatians
(including any contracted building relocation partners)
H=Five or more structures
A=2-5 structures
7
N= 1 structure
U=No structure relocation experience
3. Proposed Use of the Structure
H=Utilization as a residential structure, including as an affordable unit, as defined by
DHCD,affordable unit means that the unit qualifies for inclusian on the Subsidized
Housing Inventory
A=Utilization with a public benefit(e.g. non-profit)
N=Utilization as a residentiai structure and/or professional office,without any
affordable housing companent
U=No plan for reutilization of the structure
4. Design/Site Plan
H=Meets ali set back and other zoning and driveway requirements with minimal impact
on the neighborhood,while providing a design that blends with the neighborhood.
This does not include the known special permit for lot regularity.
A=Meets most set back and other zoning and driveway requirements,but may need an
additional special permit(other than for lot regularity) or variance,but still maintains
a minimal impact on the neighborhood and a design that blends with the
neighborhood.
N=Requires multiple speciai permits which impact the neighborhood or does not blend
with the neighborhood.
U=Require multiple special pernuts and variances which impact the neighborhood and
does not blend with the neighborhood.
5. Relocation of the Hosmer House Structure
H=Within the boundaries of Battle Green Historic District
A=Within the boundaries of another Lexington Historic District
N=Outside of the boundaries of a Lexington Historic District,but in the Town of
Lexington
U=Outside of the boundaries of the Town of Lexington
6. The degree to which the proposer can demonstrate a commitment to sustainability in the
moving and renovation of the Hosmer House Structure
https://www.lexin t�a.gav/sites/g/files/vvh1if7101/f/uploads/lexington getting to net
zero emissions�lan approved $-27-201$.pdf
H=Proposer commits to an all-electric building design with onsite renewable energy
consistent with the Town's sustainability goals
A=Propaser commits to an all-electric building design cansistent the Town's
sustainability goals
N=Proposer cammits the building will achieve a HERS [Home Energy Rating System]
score of 45 or better to meet some of the Town's sustainability goals
8
V
U=Proposer demonstrates no commitment to meeting the Town's sustainability goals
7. The degree to which the proposer can demonstrate they are able to move the house on or
before August 31,2022.
H=High certainty that the house will be moved ta the new location prior to August 31,
2022.
A=Reasonable certainty that the house will be moved to the new location prior to
August 31,2022.
N=Low certainty that the house will be moved to the new location prior to August 3l,
2022.
U=No cornmitment to move the house prior to August 31, 2022.
9
Exhibit A
Preservation Restriction—Historic Preservation
[FORM OF PRESERVATION RESTRICTION AGREEMENT]
PRESERVATION RESTRICTION AGREEMENT
between
TFIE TOWN OF LEXINGTON
and
r �
11
THIS PRESERVATION RESTRICTION AGREEMENT (this "Restriction") is made as
of this M 7 day of , Z,o22, by and between [ Sr,1r,n, (�. Car�ro t� ],
having an address of [ ,2 a l�1 l,e.n S� . �.ex. M A 1 ("�'�tor") and THE TOWN OF
LEXINGTON, a municipality of the Commonweaith of Massachusetts acting by and through its
Select Board, having an address of 1625 Massachusetts Avenue, Lexington, Massachusetts
02420(the"Town").
WITNESSETH:
WHEREAS, Grantar is owner in fee simple of certain real property and the
improvements thereon located at in the Town of Lexington,
Middlesex County, Massachusetts (hereinafter the "Premises") described on Exhibit A attached
hereto and incorporated herein, being the same premises conveyed to Grantor in a deed dated
[ �, from � � to Grantor recorded in the Middlesex South Registry of
Deeds (the "Re istr ")in Book U, Page [];
WHEREAS, that certain two (2) story building originally constructed in the 1$40s,
known as the "Hammond A. Hosmer House" (the"Buildin�") is currently located on land owned
by the Town located at 1557 Massachusetts Avenue, Lexington,Massachusetts;
WHEREAS, the Grantor submitted a response, dated U, to that certain Request for
Proposals for the Sale, Moving and Relocation of the Hosmer House issued by the Town on
[� (together, the "RFP"), and Grantor was selected as the successful proposer for the
relocation of the Building ta the Premises,pursuant to the terms and provisions of the RFP;
WHEREAS, following its relocation, the Premises are to be used by the Crrantor as
r �,
WHEREAS, the Building is an architecturally, historically and culturally significant
property meriting the protections of a perpetual preservation restriction under M.G.L. c. 184, §§
31, 32 and 33;
WHEREAS, the Building's preservation values are documented in a series of reports,
drawings and photographs (hereinafter, the "Baseline Docurnentation") incorporated herein by
reference, which Baseline Documentation the parties agree provides an accurate representation
of the Building as of the date of this Preservation Restriction;
WHEREAS, the Baseline Documentation consists of that certain report entitled "Historic
Structure Report, The Hammond A. Hasmer House, Lexington, Massachusetts" prepared by
Bargmann Hendrie+Archetype, Inc. and dated November 30, 2010, a copy of which is attached
hereto as E�ibit B; provided, however, that the Building consists solely of the "main block" as
described therein;
12
WHEREAS, the Town is interested in the preservation and conservation of sites,
buildings, and objects of local, state and national significance in the Town and is authorized to
accept and hold preservation restrictions as defined under M.G.L. c. 184, § 31; and
WHEREAS, the Town has selected the Grantor's response to the RFP, which as a
condition to such selection, Grantor is required to grant ta the Town this Restriction.
NOW, THEREFORE, in consideration of the foregoing, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknawledged, Grantor does
hereby irrevocably grant and convey unto the Town this Restriction, which shall apply in
perpetuity to the Premises subject to the terms hereof.
1. Pur��ose. It is the pwrpose of this Restriction to protect the public investment in the
relocation and preservation of the historically significant Building by ensuring that the exterior
architectural, historic, and cultural features of the Building will be retained and nnaintained
forever substantially in their current condition for preservation purposes and to prevent any use
or change to the exterior of the Building that wili materially irnpair or interfere with the
Building's preservation values, subject to the relocation of the Building to the Prernises (the
"Relocation").
2. Grantor's Covenant to Maintain. Crrantor agrees at all times to maintain the
exterior of the Building in at least the same structural conditian and state of repair as that
existing on the date of this Restriction (subject to the last sentence of this Section) in accardance
with applicable lacal, state and federal laws, rules, bylaws and regulations (collectively, "Le�al
Reyuirements"), and in accordance with The Secretary of the Interio�'s Standards for the
Treatment of Historic Properties with Guidelines for Prese�ving, Rehabilztating, Restoring and
Reconstructing Historic Buildings (36 C.F.R. 67 and 68), as they may be amended from time to
tirne (the "Secretarv's Standards"). If the Secretary's Standards are revoked, then the most
recent version of the Secretary's Standards, as the case may be, shall apply ta this Restriction as
if such version had not been revoked unless the revoked Secretary's Standards are replaced by
successor standards, in which event such successor standards shall apply, The Town does not
assume any obligation for maintaaining, repairing or administering the Building. Once the
Relocation contemplated by the R.FP has been completed to the reasonable satisfaction of the
Town (the "Project Completion Date") and pursuant ta the requirements of this Restrictian,
including without limitation, Section 4 hereof, Grantor agrees at all tirnes to rnaintain the exterior
of the Building in at least the same structural condition and state of repair as that existing on the
Project Completion Date and in accordance with all Legal Requirements, which include, without
limitation,the Secretary's Standards.
, 3. Prohibited Activities. Except as provided in Section 9, and except for the initial
Relocation to the Premises, demolition, removal or razing of the Building or any portion thereof
is expressly forbidden. In addition,the following activities are also expressly forbidden:
(a) The dumping of ashes, trash, rubbish, or any other unsightly or offensive
materials is prohibited on the Premises, except as reasonably required on a
13
temporary basis for proper maintenance and repair of the Building and the
Premises;
(b) No camping accomrnodations, mobile homes or cell towers shall be erected or
placed on the Premises. Any other building structures shall be constructed in
accordance with all applicable laws, including, without limitation, zoning by-
laws;
(c) Na above ground utility transmission lines, except those reasonably necessary for
the Building, may be created on the Prernises, subject to utility easements already
recarded;and
(d) No barrier shall be constructed, erected or allowed to grow on the Premises which
would impair the visibility from the street of the Premises or the Building without
the prior written approval of Town, to be granted or withheld in its sole and
absolute discretion.
4. Conditional Rig,hts Requiring A�proval of the Town.
(a) The specifications for the Relocation of the Building shall be governed by
the RFP, including the Grantor's response thereto. Any specifications for such Relacation that
are not described in the RFP and are material to the architectural, historical, and cultural values
of the Building that are the subject of this Restriction, including, without limitation, the siting of
the Building on the Premises, the visibility of the Building from the street, and the landscaping
on the Premises, shall be subject to the prior written approval of the Town, nat to be
unreasonably withheld, conditioned, or delayed.
(b) Except as otherwise provided in this Section 4, changes to the exterior
(including fenestration and trim) of the Building, including without limitation, any change to the
footprint, size, massing, appearance, materials, ridgeline, windows, doors, exterior cladding,
foundation, roof, chimneys, or other decorative or structural exterior features of the Building or
any elements attached thereto, and any permanent substantial topographic changes to the
Premises are expressly forbidden on, over or under the Premises without the prior express
written approval of the Town, which may be withheld ar conditioned in the Town's sole and
absolute discretion. Notwithstanding the immediately foregoing sentence, alterations listed as
"Minor" in the Restriction Guideliries attached hereto as Exhibit C are considered part of
ordinary maintenance and repair and may be made to the Building and the Premises without the
Tawn's approval. In addition, the erection of any external signs or external advertisements on
the Building or the Prernises shall be subject to all zoning by-laws now or hereafter existing.
(c) Should Grantor wish to exercise the conditional rights set out or referred
to in Section 4(b) above, Grantor shali submit to the Town, for the Town's approval, five (5)
copies of a written request that includes a descriptian of the proposed activity(including without
limitation plans, specifications and designs where appropriate) with reasonable specificity and a
timetable for the proposed activity sufficient to permit the Town to monitor such activity. Within
thirty(30) days of the Town's receipt of any such request for approval hereunder,the Town shall
certify in writing that (i) it approves the plan or request, or (ii) it disapproves the pian or request
14
as submitted, in which case the Town shall provide Grantor with written suggestions for
modification or a written explanation for the Town's disapproval.
5. Conditional Ri�hts Rec�uirin� A�proval of the Massachusetts Historic
Commission. The conduct of archeological activities, including without limitation survey,
excavation and artifact retrieval, may occur on the Premises only following the submission of an
archeological �eld investigation plan prepared by Grantar and approved in writing by the Town
and the State Archeologist of the Massachusetts Historical Commission (M,G.L. c. 9, § 27C and
950 C.M.R. 70.00). In no event sha11 the initial Relocation of the Building be deemed to require
the approval of the Massachusetts Historical Commission.
6. Standards for Review. The Town shall apply the Secretary's Standards whenever
exercising any authority, right or privilege created by this Restriction. If the Secretary's
Standards are revoked,then the most recent version of the Secretary's Standards, as the case may
be, shall apply to this Restriction as if such version had not been revoked unless the revoked
Secretary's Standards are replaced by successor standards, in which event such successor
standards shall apply.
7. Grantor's Ri�hts Not Requiring Further Approval of Town. Subject at all times to
the terms and provisions of Sections 3 and 4 of this Restriction,this Restriction does nat prohibit,
and does not require the Town's appraval of, the following rights, uses, and activities of or by
Grantor on,over, or under the Premises:
(a) the right to Relocate the Building, subject to the Town's approval of any
specifications required pursuant to Section 4(a), above;
(b) the right to engage in all those activities a.nd uses that are permitted by all
applicable laws, codes and regulations and are not otherwise incansistent with the
terms and provisions af this Restriction;
(c) the right to maintain and repair the Building strictly in accordance with the
Secretary's Standards; and
(d) the right to make changes of any kind to the interior of the Building that do not
affect (i) the structural integrity af the Building and (ii) the characteristics that
contribute ta the architectural, archeological, or historical integrity of the exterior
of the Buiiding.
8. Casualtv Damage or Destruction. In the event that the Building or any part
thereof shall be damaged or destroyed by fire or othex casualty, or shall be damaged or destroyed
during the Relocation, Grantor shall promptly notify the Town in writing (but in no event later
than seven (7) days after such casualty), such notification including what, if any, emergency
work has been completed. No repairs or reconstruction of any type other than temporary
emergency work to prevent further damage to the Building or to protect public safety shall be
undertaken by Grantor without the Town's prior written approval. Within thirty (30) days of the
date of damage or destruction, Crrantor at Grantor's expense shall submit to the Town a written
report prepared by a qualified restoration architect and an engineer acceptable to the Town,
which report shall include the following:
15
(a) an assessment of the nature and extent of the damage to the exterior and interior
of the Building;
(b) a determination of the feasibility of the repair and restoration of the exterior of the
Building(or the darnaged or destroyed exterior portions thereo�; a,nd
(c) a detailed description of the repair and restoration work necessary to return the
exterior of the Building to the condition existing at the Project Completian Date
(or if the Praject Completion Date has not yet occurred, then to the condition that
the Building is in as of the date of this Restriction).
9. Review After Casualtv Dama�e or Destruction. If, after reviewing the report
required in Section 8, the Town determines, in its sole discretion, that it is ecanomically feasible
for Grantor to repair or restore the Building to the condition that it is in on the Project
Completion Date (or if the Project Completion Date has not yet occurred, then to the condition
that the Building is in as of the date of this Restriction), Grantar shall do so in accordance with
the terms of this Restriction. Crrantor shall submit to the Town, within thirty (30) days of
Grantor's receipt of the Town's determination that the Building should be repaired or restored,
for the Town's prior written approval, plans and specifications for the repair or restoration of the
Building along with a construction schedule for such repair and' restoration work. The Town
shall have sixty (60) days to review such plans, specifications and schedule, and the parties shall
proceed under Section 4(b) of this Restriction. If the Town determines, in its sole discretion, by
written notice to Crrantor, that it is not economically feasible to repair or reconstruct the Building
or that the purpose of this Restriction would not be served by such repair or restoration, Grantor
may alter, demolish, remove or raze the Building or construct new improvements on the
Premises all in accordance with all applicable laws and regulations. In such event, Crrantor and
the Town may agree to extinguish this Restriction in accordance with applicable laws. Grantor
will use its best efforts to maximize the insurance proceeds available for repair or reconstruction
of the Building. Notwithstanding anything in this Section 9 to the cantrary, the Town shall not
consider whether or not Grantor or its mortgage lender is holding sufficient insurance proceeds
to repair or restore the Building as a factor in determining whether it is economically feasible to
do so.
10. Insurance. From and after the date of this Restriction, including during the
Relocation, Grantor shall keep the Building insured by an insurance company rated "A" or better
by A.M. Best for the full replacement value against loss from the perils commonly insured under
standard fire and extended coverage policies and comprehensive general liability insurance
against claims for personal injury, death and property damage, which policy shall be endorsed to
include the Town as an additional insured. Property damage insurance shall include change in
candition and building ordinance coverage, in form and amount sufficient to fully replace the
damaged Building without cost or expense to Grantor or contribution or coinsurance from
Grantor except for a standard deductible. Grantor shall deliver to the Town upon the execution
and recording hereof, certificates of such insurance coverage naming the Town as loss payee and
additional insured and requiring not less than thirty (30) days prior written notice to the Town
before expiration or termination of any such policy. Grantor shall provide to the Town
replacement certificates of insurance satisfying the terms and conditions of this Section 10 at
least fifteen (15) days prior to the expiration or termination of any such policy or as otherwise
16
required by the Town. Notwithstanding the foregoing, whenever the Premises is encumbered
with a mortgage nothing contained in this paragraph shall jeopardize the prior claim, if any, of
the mortgagee to such insurance proceeds, less any amounts owed to the Town pursuant to
Section 9 above in the case of a casualty in which the Building is not repair or restored, which
such amounts shall be senior to any such mortgage.
11. Candemnation. If all or any part af the Premises is taken under the power of
eminent domain by a public authority or is otherwise acquired by such authority thraugh a
purchase in lieu of a taking, Grantor may commence appropriate proceedings at the time of such
taking to recover the full value of Grantor's interest in the Premises, subject to such taking and
all incidental and direct damages resulting therefrom.
12. Written Natice. Any notice which either Grantor or the Town may desire ta give
or be required to give to the ather party shall be in writing and shall be delivered by overnight
couriex postage prepaid, registered or certified mail with return receipt requested, or hand
delivery as follows:
To Grantor: To Tawn:
[ � Town Manager
� � Town of Lexington
1625 Massachusetts Avenue
� 1 Lexington, MA 02420
with a copy to: with a copy to:
[ 1 Mina Makarious, Esq.
�� Anderson&Kreiger LLP
50 Milk Street, 21 St Floor
�� Boston, MA 02109
Each party may change its address set forth herein by written notice to the other party given
pursuant ta this section.
13. Town of Lexin an Histarical Commission. The Town shall endeavor to consult
with the Town of Lexington Historical Commission on any discretionary right or approval held
by the Town under this Restriction.
14. Inspection. The Town shall be permitted at reasonable times and upon reasonable
notice to Grantor to enter on and inspect the Premises and the Building to determine whether
Grantor is in compliance with the terms of this Restriction.
15. Town's Remedies. The Town may, following prior written notice to Grantor,
institute suits to enjoin any violation af the terms of this Restriction by ex parte, temporary,
preliminary or permanent injunction, including without limitation prohibitory and/or mandatory
injunctive relief, and to require the restoration of the exterior of the Building to the condition and
appearance required under this Restriction. The Town shall also have available all legal and
17
other equitable remedies to enforce Crrantor's obligations hereunder. In the event any civil
action is commenced and Grantor is found to have violated any of Crrantor's obligations or is
otherwise liable under this Restriction, �rantor shall reimburse the Town for any costs or
expenses incurred in connection with the Town's enfoxcement of the term of this Restriction,
including without limitation all reasonable court costs, and attorney, architectural, engineering
and expert witness fees.
16. Runs with the Land.
(a) This Restriction and all of the covenants, agreements and restrictions
contained herein shall be deemed to be a preservation restriction as that term is defined in
M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32 and 33. Grantor
shall fu11y coaperate with the Town in its efforts to obtain any government approvals necessary
for the perpetual enforcement of this Restriction, including but not lirnited to the approval of the
Commissioner of the MHC as provided under M.G.L. c. 1$4, § 32. In the event that this
Restriction in its current form is not acceptable to MHC for purposes of said approval, Grantor
shall cooperate with the Town in making any and all modifications that are necessary to obtain
said approval. The term of this Restriction sha11 be perpetual, subject to the pravisions of Section
9. To the extent required by applicable law, the Town is authorized to recard or file any notices
or instruments appropriate to assure the perpetual enforceability of this Restrictian.
(b) Grantor intends, declares and covenants on behalf of itself and its
successors and assigns (i) that this Restriction and the covenants, agreements and restrictions
contained herein shall be and are covenants running with the land, encumbering the Premises for
the term of this Restriction, and are binding upon Grantor's successors in title, (ii)are not merely
personal covenants of Grantor, and (iii) shall bind Crrantor, its successors and assigns and inure
to the benefit of the Town and its successors and assigns for the term of the Restriction.
17. Title;Authoritv. Crrantor hereby represents,covenants and warrants as follows:
(a) The execution and performance of this Restriction by Grantor (i) will not
violate any provision of law, rule or regulatian or any order of any court or other agency or
governmental body, and (ii) will not violate any provision of any indenture, agreement,
mortgage, mortgage note, or other instrument to which Grantor is a party or by which it or the
Prernises is bound, and (iii) will not result in the creation ar imposition of any prohibited
encumbrance of any nature.
(b) Grantor will, at the time of execution and delivery af this Restriction,have
good and marketable title to the Premises free and clear of any lien or encumbrance except those
matters set forth on Exhibit D attached hereto. Grantor represents and warrants that it has
obtained the consent of all existing mortgagees of the Premises to the execution and recording of
this Restriction and to the terms and conditions hereof and the subordination of all existing
mortgages to this Restriction.
(c) Grantor shall timely pay all contractors and/or laborers performing work
or providing materials for the Building or the Premises so as not to cause or permit an�liens,
including without limitation mechanics'or materialmens' liens,to be recorded against the
18
Premises. Any such liens recorded against the Premises shall be removed by Grantor or bonded
over within thirty(30)days thereafter.
1$. Submissions and Notices to the Town. Any submission or notice required under
this Agreement to be made to the Town shall be rnade in writing to the Town Manager as set
forth in Section 12. If the Town does not respond to any such submissian or notice within the
timeframes prescribed abave, it shall be deemed not approved.
19. Assignment. The Town may, at its discretion without priox notice to Grantor,
convey, assign or transfer this Restrictian to a unit of federal, state or local government or to a
similar local, state or national organization that is a "qualified organization" under Section
170(h) of the Internal Revenue Code, as amended, whase purposes, inter alia, are to promote
preservation or conservation of historical, cultural or architectural xesaurces, provided that any
such conveyance, assignment or transfer requires that the purpose for which the Restriction was
granted will continue to be carried out
20. Recordin�. Grantor shall do and perform at its own cost all acts necessary for the
prompt recording or filing of this Restriction in the Registry, and shall transmit evidence of such
recording or filing, including the date and instrument number and book and page or registration
number of this Restriction, to the Town.
21. Amendment. This Restriction may only be amended by mutual agreement of the
Grantor and the Town, in a written instrument recorded in the Registry.
22. Entire A�reement. This Restriction reflects the entire agreement between the
parties. Any prior or simultaneous correspondence, understandings, agreements, and
representations are null and void upon execution hereof,unless set out in this Restriction.
23. Governin� Law. This Restriction shall be governed by and construed in
accordance with the laws of the Commonwealth of Massachusetts.
24. Invaliditv of Particular Provisions. If any term or provision of this Restriction, or
the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Restriction, or the application of such term or provision to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
not be affected thereby, and each term and provision of this Restriction shall be valid and be
enforceable to the fullest extent permitted by law.
2S. Counterparts. This Restxiction may be executed in several counterparts and by
each party on a separate counterpart, each of which when so executed and delivered shall be an
original, but all of which together shall constitute one instrurnent.
[Remaznder of page intentionally left blankJ
19
EXECUTED under seal as of the date first written above.
GRANTOR:
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
COUNTY O�'
On this day af , ,before me,the undersigned notary public,personally
appeared ,proved to me through satisfactory evidence of identification,which was
,ta be the person whose name is signed on the
preceding or attached document and acknowledged to me that he signed it voluntarily for its
stated purpose as of , a
Notary Public:
My Cornrnission Expires:
20
TOWN OF LEXINGTON,
By and through its Select Board
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF
On this day of ,_,before me,the undersigned notary public,personally appeared
,
Members of the Select Board for the Town af Lexington,proved to me through satisfactory
evidence of identification,which was personal knowledge,to be the persons whose names are
signed on the preceding or attached document and acknowledged to me that they signed it
voluntarily for its stated purpose as Members of the Select Board for the Town of Lexington.
Notary Public:
My Commission Expires:
� 21
APPROVAL BY THE MASSACHUSETTS HISTORICAL COMMISSION
The undersigned hereby certifies that the foregoing preservation restrictions have been
approved pursuant to M.G.L. Chapter 184, Section 32.
MASSACHUSETTS HISTORICAL COMMISSION
By:
Name:
Title:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF
On this day of ,_,before me,the undersigned notary public, personally appeared
Brona Simon,proved to me through satisfactory evidence of identification,which was
,to be the person whose name is signed on the
preceding or attached document and acknowledged to me that she signed it valuntarily for its
stated purpose, as of the Massachusetts Histoxical Commission.
Notary Public:
My Commission Expires:
22
EXHIBIT B
Legal Description of Premises
[NTD: To be inserted after RFP process]
{A011'7587.2}
EXHIBIT C
Historic Structure Report, The Hammond A. Hosmer House, Lexin�ton Massachusetts
[see attached]
{Aoi,�58z2}
EXHIBIT I7
Restriction Guidelines
The purpose of the Restriction Guidelines is to clarify Section 4 of the terms of the
Restriction,which addresses exterior alterations to the Building. Alterations of a minor nature,
which are part of ordinary maintenance and repair, do not require the consent of the Town.
In an effort to explain what constitutes a minor alteration,the following list has been
developed. This is not a comprehensive list,and it is pravided for illustrative purposes anly. It is
only a sampling of some of the more common alterations which rnay be contemplated by
building owners. In the event of a conflict between these Guidelines and the Restriction,the
Restriction shall contral.
PATNT
Minor - Hand scraping and repainting of non-decarative and non-significant surfaces as
part of periadic maintenance.
Major - Painting or fully stripping decorative surfaces or distinctive stylistic features
including murals, stenciling, ornamental woodwork, stone, masonry, decorative or
significant original stucco or plaster.
WINDOWS AND DOORS
Minor - Regular maintenance including caulking, painting and necessary reglazing.
Repair or in-kind xeplacernent of existing individual decayed window parts.
Major - Wholesale replacement of units; change in fenestration or materials; alteration of
profile or setback of windows. The addition of storm windows is also considered a major
change;however,with notification it is commonly acceptable.
EXTERIOR
Minor - Spot repair of existing cladding and roofing including in-kind replacement of
clapboards,shingles, slates,etc.
Major - Large-scale repair or replacement of cladding or roofing. Change involving
inappropriate removal or additian of materials or building elements (i.e. removal of
chimneys or cornice detailing; installation of architectural detail which does not have a
historical basis); altering or demoiishing building additions; spot repointing of masonry,
Structural stabilization of the property is also considered a major alteration.
{AO1175872)
L�INDSCAPE/OUTBUILDINGS
Minor - Routine maintenance of outbuildings and landscape including lawn mowing,
pruning,planting,painting, and repair.
Major - Other than the Relocation, moving or subdividing buildings or property; altering
of property; altering ar removing significant landscape features such as gardens, vistas,
walks,plantings,walls, fences;ground disturbance affecting archaeological resources.
HEATING/AIR CONDITIONING/ELECTRICAL/PLUMBING SYSTEMS
Minor -Repair of existing systems.
Major - Installing or upgrading systems which will result in majar exterior appearance
changes (i.e. exterior ducts, piping, ventilators, HVAC units); the removal of substantial
quantities of original rnaterials in the course of canstruction.
Changes classified as major alterations are not necessarily unacceptable. Under the
Restriction,such changes must be reviewed by the Town and their impact on the historic integrity
af the property assessed.
26
EXHIBIT E
Permitted Encumbrances
[To be inserted after RFP pracess]
27
Exhibit F
Other Restrictions
The Property shall only be used for the following purposes:
• Residential use with affordable housing component
• Residential use without an affordable housing component
• Non-profit or other professional office business use
• Arts/Gallery Space
• Other uses permitted by the Town's Zoning Bylaw, Chapter 135 of the Code of the Toum
of Lexington for the district in which the Hosmer House is proposed to be moved, and
appraved by the Select Baard
28
Exhibit G
Anti-Collusion Statement
The undexsigned certifies under penalties of perjury that this bid or praposal has been made and
submitted in good faith and without collusion or fraud with any other person. As used in this
certification the word "person" shall mean any natural person, business, partnership, carporation,
union, committee, club or other organization, entity, or group of individuals.
Campany:
Address: 2 9' ,�//e.� ��'�,
City/State: �„�x��nur d�v�J M l�
Zip: p 2 y 2 1
Telephone: ?�j� 9/Q �- �00(��/
Email: �'ph�Garro�//y�v�. ('oM
Date of Proposal: - / 9-2 2
Proposer must sign the following in ink:
By:
Please print name and title of signatory below:
Name:��f �, Ca/'i''d �� Title:
Name, signature and cornpany must be the same on each of the following pages of the proposal
as they appear above.
Indicate which type of organization below:
Individual � Partnership
Carporation Qther
29
Exhibit H
Formal Identification of Pronoser
To be completed by all principals and bene�cial holdexs of 5%or more of the stack or other
ownership interest of this propasal shall include individuals, corporations,partnerships,joint
ventures and unincorporated associations
List all holders of 5%of more ownership interest as specified above and rf any ofthe names are
of organizations or corporations furnish complete information for ownership interests that hold
more than 5%interest in each of the said organizations.
Name Address Percent
� � �rrd/� 2 9 �/en S� �.�x�z /4C� ��o
���
�io
��o
%
%
%
%
%
30
Exhibit I
Insurance Agent Statement
(To be filled out with Proposal)
We understand the insurance requirements of the propasal and that evidence of insurability may
be required within ten(10) days after notification of award.
��ti� � Ca�,� �� S�/�� F��
Proposer Insurance Agent
0
i ature Signature
�l-lq~2�. y-�9- z 2
Date Date
31
Exhibit J
Declaration and Certification
The undersigned, as proposer declares under oath that no other person has any interest in this
_
proposal or in any resulting agreement to which this proposal pertains,that this proposal is not
made with connection or agreement with any other person(s)and that this propasal is in every
respect fair, in good faith,without collusion or fraud.
The proposer fiarther declares that he has complied in every respect with all the instructions to
praposer,that he has read all addenda,if any issued prior ta the opening of proposals and that he
has satisfied hirnself fully relative to all matters and conditions with respect to the general
conditions of the agreement and all relevant information to which this proposal pertains.
The proposer proposes and agrees if this praposal is accepted to execute the attached purchase
and sale agreement found in Exhibit I establishing a formal contractual relationship between the
proposer and the Town of Lexington for the performance of all requirements ta which this
proposal pertains. The proposer further agrees, if this proposal is accepted to post a$500 cash
surety with the Town of Lexington which will be refitnded only upon the execution of said
contract docurnents.
Estimated date of award is on ar about with contract to comrnence on or
about
The proposer certifies that this proposal is based upon all conditions as listed in the Request for
Proposals and that he has made no changes in the proposal specification documents as developed
by the Town. The proposer further proposes and agrees, if his proposal is accepted to execute
the purchase and sale agreement(Earhibit I)no later than December 31,2021 for the purpose af
establishing a contractual relationship between the proposer and the Town of Lexington for the
perforrnance of all requirements to which this proposal pertains.
Declaration and Certification Submitted bv:
.._lah�1 � �a�r d I/
Name of firm, corporation or individual
29 /l �S'�. Lex�n �aN M� Ua��- i
Address of�rm, corporation or indivi ual
By:
Name Title
If corporation—seal and Secretary's Signature
32
If individual, sole owner or partnership—Two (2)witnesses required
Witness � ,� � �. � � �,�y'
N e Address
Witness Z-�' ��•eN V�� ��,� �iu �'� ,
ame Address
State of
County of
Before me,personally appeared, to me well known
and know to be the person(s)described herein and who executed the foregoing certification and
acknowledge to and before me that executed said
certification for the purposes therein expressed.
Witness my hand and official seal, this day of 2�9� 242Z
Notary Seal: Notary Signature
Cornmission Expires:
33
Exhibit K
Addenda
The proposer states that the proposal is based upon the Request far Proposals and addenda, if
any, listed by number as follows:
Addenda, if any:
Number and Date Issued
Number and Date Issued
Number and Date Issued
Number and Date Issued
Number and Date Issued
Number and Date Issued
Number and Date Issued
Number and Date Issued
Number and Date Issued
34
Exhibit L
State Tax Certification
Pursuant to Chapter 62C of the Massachusetts General Laws, I certify under the penalties
of perjury that the undersigned Proposer complied with all laws of the Commonwealth of
Massachusetts relating to taxes.
� � By:
* Signature of individual or Corporate Officer
Corporate Name (Mandatory) (Mandatory, if applicable)
**Social Security# or Federal Identification#
Approval of a contract or other agreement will not be granted unless this certification
clause is signed by the applicant.
** Your Social Security Number will be furnished to the Massachusetts Department of
Revenue to determine whether you have met tax filing or tax payment obligations. Providers
who fail to correct their non-filing or delinquency will not have a contract or other agreement
issued, renewed, or extended. This request is made under the authoriry of Mass. G.L. 62C s.
49A.
35
Exhibit M
BILL 4F SALE
This BILL OF SALE("Bill of Sale")is made as of ,2020,by The Town
of Lexington, acting by and through its Select Board,a Massachusetts municipal corporation
situated in Middlesex County(the "Seller"),having an address at 1625 Massachusetts Avenue,
Lexin,gton,Massachusetts 02420,to � �, a � _] (the"Buyer"),having an
address of� �.
RECITALS
WHEREAS, Selier is the owner of the real property located at 1557 Massachusetts
Avenue, in Lexington,Massachusetts(the"Real Property"), including the building located
thereon commonly known as"Hosmer House" (the"Building");
WHEREAS, Seller issued that certain Request for Proposals for the sale,moving and
relocation of the Building(the"RFP"),Buyer submitted a response to the RFP, and on
�_) Seller selected Buyer as the successful proposer ta such RFP;and
WHEREAS,the RFP requires that Seller convey ta Buyer, and Buyer desires to acquire
from Seller, all of Seller's right,title and interest in and to the Building.
NOW, THEREFORE, for good and valuable cansideration,the receipt and sufficiency of
which are hereby acknowledged, Seller and Buyer hereby agrees as follows:
l. Seller does hereby unconditionally, absolutely, and irrevocably grant,bargain, sell,
transfer, assign convey, set over and deliver unto Buyer all of Seller's right,title and interest in
and to the Building.
2. Buyer shall commence work to remove the Building from the Real Properly on or before
September 1, 2020, and shall complete such removal on or before September 15, 2020. Such
removal shall be at Buyer's sole cost and expense, and shall be pursuant to the terms and
provisians of that certain License Agreement attached hereta as Exhibit A.
3. This Bill of Sale sha11 be binding upon and inure to the benefit of the parties hereta and
their respective heirs,legal representatives, successars and assigns.
4. This Bill of Sale and the legal relations of the parties hereto shall be governed by and
construed and enforced in accordance with the laws af the Comrnonwealth of Massachusetts,
without regard to its principles of conflicts of law.
[Signature Page Follows]
IN WITNESS WHEREOF, Seller and Buyer have executed this Bill of Sale as of the date
first written above.
36
SELLER:
Town of Lexington,
By and through its Select Board
BUYER
By:
Name:
Title:
37
EXHIBIT N
License A�reement
This LICENSE AGREEMENT(this"License")is made this day of
, 2021,by and between The Town of Lexington, acting by and through its Select
Board, a Massachusetts municipal corporation situated in Middlesex County(the"Seller"),
having an address at 1625 Massachusetts Avenue, Lexingtan, Massachusetts 02420,to
[�vtin P� �q,.�l(ly a ( 1 (the"Buyer"), having an address of�2e A ite� S�•� �ex 1•
WHEREAS, Seller is the owner of the real property located at 1557 Massachusetts
Avenue, in Lexington, Massachusetts(the"Real Property"), including the building located
thereon commonly known as"Hosmer House" (the"Building");
WHEREAS, Seller issued that certain Request for Proposals for the sale,moving and
relocation of the Building(the"RFP"), Buyer submitted a response to the RFP, and on
�j Seller selected Buyer as the successful proposer to such RFP;
WHEREAS, in accordance with the terms and provisions of the RFP, and pursuant to that
certain Bill of Sale of even date herewith to which this License is attached as Exhibit A(the "Bill
of Sale"), Seller has conveyed to Buyer all of Seller's right,title and interest in and to the
Building;
WHEREAS,pursuant to the RFP and the Bill of Sale,Buyer is required to (i)commence
work to remove the Building from the Real Property on or before June 30,2022; and(ii)
complete such removal on or before July 30,2022,which removal shall be at Buyer's sole cost
and expense, and otherwise shall be performed in accordance with the terms and provisions of
this License; and
WHEREAS, Seller and Buyer desire to enter into this License for the purpose af
permitting Buyer's access to the Real Property and the removal of the Building therefrom, all in
accordance with the terms and provisions hereof.
NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Seller and Buyer hereby agrees as follows:
1. Access. Seller hereby grants to Buyer a temporary license to access the Real Property to
undertake the remaval of the Building, and the restoration of the Real Property to the condition
required by this License, all as cantemplated by the RFP(together,the"Work"), and for no other
purpose. Buyer shall provide Seller with at least five (5) days' written notice prior to
cornmencing the Work. During the performance of the Work,Buyer shall be responsible for the
posting of signs at, erection of temporary fencing around, and/or restriction of public access to
such portions of the Real Property as may be reasanably necessary to perform the Work,to the
extent such actions are reasonably necessary in the interest of public safety.
38
,
2. Term. The Term of this License shall be for the period commencing on the date of this
Agreement and terminating on July 30,2022 (the "Term"). [NTD: Discuss penalties for failure
to complete the Work prior to the expiration of the Term.]
3. Fermits and Approvals. Prior to the commencement of the Work, Buyer shall obtain all
necessary permits and approvals for the performance of the Work. Copies of such permits and
approvals shall be provided to Seller no later than the date that Buyer commences the Work.
4. Restoration. Immediately following the removal of the Building,Buyer shall perform
such work as may be reasonably necessary to � �[NTD: Town to confirm required
condition of remaining footprint following removal],which restoration work shall be deemed
part of the Work. Buyer shall substantially complete the Work prior to the expiration of the
Term, in a good and workmanlike manner. The Work shall not jeopardize the structural integrity
of, or materially affect,the reminder of the Real Praperty. During the Term, Buyer agrees to
keep the Real Property in a clean and sanitary condition and free of any offensive or noxious
odors and fiunes, and Buyer shall not permit the Real Property to be overloaded, darnaged,
stripped or defaced,nor suffer any waste. Buyer's obligation restore the Real Praperty as
provided herein shall survive the expiration or termination of the Term.
5. Insurance. Buyer shall require that all of its contractors, subcontractors and consultants
obtain and maintain [commercially reasonable][NTD: Town to confirm: specific amount
required?] general liability insurance coverage for liabilities arising out of the performance of the
Removal Work. Seller shall be listed as an additional insured on all such insurance policies, and
certificates of insurance evidencing the same shall be furnished to Seller prior to the entry of any
such contractor, subcontractor or cansultant on the Real Property.
6. Indemnification. Buyer's access to the Real Praperty and performance of the Work is at
Buyer's sole risk of bodily hard and property damage. Buyer hereby agrees to indemnify,
defend, and save and hold Seller harmiess against and firom all liabilities, obligations, darnages,
losses,penalties, claims, actians, costs, charges and expenses, including reasonable attorneys'
fees,which may be imposed upon or incurred by or asserted against Seller by reason of: (i)
Buyer's, or its contractors', subcontractors', or consultants' entry upon the Real Property; (ii)the
performance of the Wark; (iii)any liens or encumbrances recorded against the Real Property
relating to the Work; or(iv) any breach of this License by Buyer, or by Buyer's contractors,
subcontractors, or consultants. The provisions of this Section shall survive termination or
expiration of this License.
7. Notices. Notices required or pernutted under this Agreement shall be given in writing by
registered or certified mail,return receipt requested, or by nationally recognized overnight
courier,or by hand delivery, at the following addresses:
If to Seller: Town of Lexington
1625 Massachusetts Avenue
Lexington,MA 02420
Attn: Town Manager
39
with copy to: Anderson&Kreiger LLP
50 Milk Street, 21 st Flaor
Boston, MA 02110
Attn: Mina Makarious
If to Buyer: � �
r �
r �
8. Miscellaneous.
a. Buyer shall not assign or otherwise transfer this License or its rights hereunder.
b. This License,together with the RFP and the Bill of Sale, contains the entire agreement
between the parties and there are no verbal understandings or agreements different from those
stated in this License,the RFP, and the Bill of Sale. In order to be effective, any modification of
this License must be in writing and signed by both parties.
c. This License shall be governed by and construed in accordance with the laws of the
Commonwealth of Massachusetts,
d. If any provision contained in this Agreement shall be held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof,and this Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained herein.
e. This Agreement may be executed in one or more counterparts, each of which
counterparts shall be an original for all purposes and all of which,taken together, shall constitute
one and the same agreement.
[Signature Fages Follow]
40
IN WITNESS WHEREOF, Seller and Buyer have executed this instrument as of the date first
written above.
SELLER:
Town of Lexington,
By and through its Select Board
BUYER
By:
N
Titl .
41
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Select Board Meeting Minutes
ITEM
PRESENTER NUMBER:
Jill Hai, Select Board Chair
C3
SUMMARY:
The Select Board is being asked to approve the meeting minutes of:
• June 27, 2022
• Ju1y 11, 2022
SUGGESTED MOTION:
To approve and released the Select Board meeting minutes of:
• June 27, 2022
• July 11, 2022
Move to approve the consent.
FOLLOW UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022
ATTACHMENTS:
Description Type
❑ Q7�t�oll`t�16rJ"l`"�l>?�c�llec;l Q�A��e49 V3�ta;�,�uCs 1W��nc�uiwa(
❑ VSr�➢i��"7�t?�1I�4�°��°c,tV�r�zi.ctl V�4ea�t�u�Ie��ub�uiwtiN
i
SELECT BOARD MEETING
June 27,2022
A reinote participation ineeting of the Lexington Select Board was called to order at 6:01 p.m. on
Monday, June 27, 2022 via hybrid ineeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato,
and Mr. Sandeen were present, as well as Ms. Axtell, Deputy Town Manager; and Ms. Katzenback,
Executive Assistant.
Ms. Hai stated that the ineeting was being conducted via Zooin as posted, with the agenda on the Town's
website.
PUBLIC COMMENTS
None at this tiine
SELECT BOAl2D MEMBER CONC:ERNS& LIAISON REPORTS
1. Select Board Member Concerns& Liaison Reports
There was discussion regarding the reduction in ballistic wall protection, the reduction in locker nuinbers
and the reduction in AV scope for the Police Station renovation project. It was noted that it was
determined that these iteins could be reasonably reduced at a cost savings.
Mr.Pato stated that the Attorney General's Office(AGO)has disallowed Article 17,which was the
incentive zoning change article that established for lab buildings in the Hartwell area,a requirement to
have a partial electric coinponent to their HVAC system when beyond a certain size. He asked if the
community is allowed to appeal this decision. He also asked if there are financial incentives that the Town
can offer in order to accomplish a similar goal.
Mr. Sandeen asked if the Board could consider discussing two recent 5upreme Court decisions at a future
warking session.
DOCUMENTS: Select Board Concerns and Liaison Reports -June 27,2022
TOWN MANAGER REPORT
None at tihis time.
CONSENT AGENDA
1. Approve the Addition of Management Analyst to the Fiscal Year 2023 C,ost-Of-Living
Acljustment(COLA)for Non-Representecl Empioyees
To add the Management Analyst position in the Town Manager's Office to the TNON COLA list for
FY23.
2. Appoint Lexington Representative ancl Alternate Representative to Metropolitan Area
Pianning C,ouncil(MAPC)
To appoint Abby McCabe,Planning Director,as the Representative to MAPC and Sheila Page,Assistant
Planning Director, be appointed as the Alternate Representative to MAPC.
3. Review and Approve Amendment to Regional Housing Services Fiscal Year 2023
Agreement
To authorize the Town Manager to execute the RHSO amendinent far FY23.
DOC"UMENTS: RHSO Amendment
i
4. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of: December 2,2021 Budget Summit II;
January 13, 2022 Budget Summit III;May 19, 2022 Financial Suinmit/DPF 20-Year Capital Plan(Part 1)
May 23,2022 and June 6,2022.
DOCUMENTS: DRAFT 12.02.2021-Budget Summit II,DRAFT 01.13.2022-Budget Suminit III,
DRAFT 05.19.2022 Financial Suminit-DPW 20-year Capital Planning,DRAFT 05.23.2022 Select
Board,DRAFT 06.062022 Select Board
5. Letter of Support Regarding Bill H.4852: An Act to Assess the Future of Mattress Recycling
in the C,ommonwealth
To authorize the Town Manager to sign and submit the attached letter to State Rep.Michelle Ciccolo
regarding suppart for Bill H.4$52: An Act to Assess the Future of Mattress Recycling in the
Cominonwealth as proposed.
DOCUMENTS: H48521etter
6. Select Board Committee Appointments&Reappointments
To appoint the cominittee members with terms as indicated in the attached list(Select Board Cominittee
Appointments -June 27,2022).
To appoint the Select Board Meinbers to boards and corrnnittees with terms as indicated in the attached
list(Select Board Member Coinmittee Appointments-June 27,2022).
To reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June
30, 2023.
To reappoint Police Chief Michael McLean as Keeper of the Lockup for a one-year term ending on June
30, 2023.
To reappc�int Jill Hai to the Minuteman Advisory Group far Interlocal Coordination(MAGIC)for a one-
year term ending on June 30,2023.
To reappoint Linda Dixon and B. Gresh Lattimore Jr. to the Town Celebrations Cominittee for a three-
year term ending on June 30, 2025.
To reappoint Sudha Balasuryan,Yifang Gong,Mary Hutton,E. Ashley Rooney, Susan Stering and Hong
Xie to the Town Celebrations Subcominittee far a one-year tenn ending on June 30,2023.
DOCUMENTS: Select Board Committee Appointments-June 27,2022, 2022 Lexington Center
Cominittee Application-U. Chhabra,2022 Tourism Committee Application- C. Ward, 2022 Town
Celebrations Subcominittee Application-K. Collins,2022 Transportation Advisory Committee
Application-K.Botla, 2022 Tree Cominittee Application-B. Tarrh, 2022 Vision for Lexington
Cominittee Application-J. Giudice, Select Board Meinber Coinmittee Appointments-June 27, 2022,
June 2022 TCC& TCC Subcoinmittee Reappointments
7. Water and Sewer Finais
To approve the above Water& Sewer Finals as listed in the May 2022 Finals.
DOC"UMENTS: May 2022 Finals
i
8. Dissolve Ad Hoc Stone Building Feasibility/Re-Use C,ommittee
To dissolve the Ad Hoc Stone Building Feasibility/Re-Use Committee.
VOTE:Up�n a in�tic�n duly made and secc�nde;d,by r�ll call, the Se;le;ct B�ard vote;d 4-0 to approve the
Consent Agenda.
ITEMS FOR LNDIVIDUAL CONSIDERATION
1. Application: Common Victualler License-C,oco Boston LLC: cl/b/a CoC,o Fresh Tea and
Juice, 1764 Massachusetts Avenue
VOTE:Upon a m�tic�n duly made and secc�nde;d,by r�ll call, the Select B�ard vote;d 4-0 to approve a
Cominon Victualler License for Coco Boston LLC d/'b/a CoCo Fresh Tea and Juice, 1764 Massachusetts
Avenue far the hours of 10:00am to 9:OOpin Sunday through Saturday.
2. Grant of Location for Eversource—10 Maguire Road
Ms. Hai opened this public hearing at 6:14pm.
Mr. Sandeen noted that Section 4A of policy to grant locations far poles states that applications shall
identify all other poles located within 500' of the requested locarion and that the owners of such poles and
the owners of the equipment located there on shall be identified. That requirement has not been met for
this particular application. Also, Section 6B of the policy states that the Select Board may condition
grants of location on the applicant's cominitment to request any otiher owner to remove their unused
wires,bundled wires, or double poles within 500' of the requested loca�ion. There are four double poles
within 270' of the proposed grant of location at 10 Maguire Road. He noted that Eversource has already
begun wark at this location,pric�r to Board approval. He suggested that the Board could grant a
conditional approval based upon compliance with the terms of the Select Board policy.
The Select Board expressed concern that Eversource had not supplied, as is required in the Select Board
Grants of Location in the Public Way policy,�specify�the poles in the area of work being done. The
Board also expressed concern that it appeared wark was already performed in advance of the approval for
inanhole 23846.
Joanne Callender,Right of Way A�ent, stated that she was unaware of the Board's policy and unaware
that wark had already begun at the proposed location.
The Board agreed to wait to vote on tihis itein until the additional information regarding is subinitted prior
to a future meeting.
Ms. Hai closed the public hearing at 6:27pm.
DOCUMENTS: Eversource Grant of Location Petition- 10 Maguire Road,Abutter Notification
3. Grant of Location for Eversource—106 Laconia Street
Ms. Hai opened the public hearing at 6:27pin.
In response to a question from Mr. Sandeen regarding if the teinporary pole will be removed af'ter the
conduit is in place,Ms. Callender stated that she would get confirmation on this item.
i
Ms. Hai closed the public hearing at 6:29pm.
Mr. Sandeen asked Eversource to update the application to include requireinents from Section 4A of the
Select Board Grants of Location in the Public Way policy,to specify the poles in the area of wark being
done.Ms. Callender stated that she would bring this request back to her superior.
VOTE:Up�n a m�tic�n duly made and secc�nde;d,by r�ll call, the Se;le;ct B�ard vote;d 4-0 to approve a
Grant of Location to NSTAR ELECTRIC COMPANY DB/A EVERSOURCE ENERGY to construct,
and a location for, such a line of conduits and inanholes with the necessary wires and cables therein, said
conduits and manholes to be located, substantially as shown on the plan made by T. Thibault revised Date
April 2$,2022 and filed herewith,under the following public way or ways of said Town: Laconia Street-
Southwesterly from pole 119/1$, 623 feet northwest of Rumfard Road, install approximately 29 feet of
conduit.
DOCUMENTS: Eversource Grant of Location Petition- 106 Laconia Street,Abutter Notification
4. Review and Approve Designatecl Polling Places
Ms. de Alderete,Town Clerk, explained that the stipend for the polling location at Keilty Hall is proposed
to be tripled far all future elections. In arder to be more fiscally responsible, she started looking into
alternative polllocations for precincts 7 and 9. She stated�that she believes the Lexin�on Cominunity
Center will be an appropriate place to include precinct 7 and 9 for upcoming elections.If the change in
location is approved,postcards will be sent to every voting household in those precincts, and phone calls
inay also be directly made.
There was concern expressed regarding the distance of residents located in Precinct 7 to travel to the
Cominunity Center,but it was agreed that the relocation of precinct 7 voting location to be the
Cominunity Center is a reasonable solution for the next few years.
VOTE:Upon a in�tic�n duly inade and seconde;d,by r�all call, the Se;le;ct B�ard vote;d 4-0 to relocate
Precinct 7 and Precinct 9 designated polling location from Keilty Hall to the Lexington Community
Center, 39 Marrett Road.
DOCUMENTS: Precincts 7 and 9 Polling Relocation Request Letter,Precincts 7 and 9 Polling
Relocation Presentation
5. ITEM POSTPONED TO A DATE TO BE DETERMINED -Review ancl Approve Vision
Zero Traf�c Safety Plan
6. Upclate on Aclvanced Metering Infrastructure(AMI)
Dave Pinsonneault; Director of Public Works; David Pavlik,Water Sewer Superintendent;Vyctoria
Walsh,Utility Billing Manager; and Ian Kasowitz,Vice President Stiles Company-inetering consultant,
addressed the Board.
Ms. Walsh explained that the AMI allows for access of ineter readings online. It also allows far detection
of any issues with the equipment and inore time to repair these issues. The new system coines with an
online app for custoiners to access leak alerts. With a inare accurate billing system,access to usage,and
the option for custoiners to get leak alerts,it is hoped that a decrease in water sewer payinents will be
seen. The Town completed approximately 500 installs befare the ineter project started. Froin September
to June 22,2022, approxiinately f�,500 accounts have changed to the new AMI systein and the reinaining
i
accounts are set to be completed by the Spring of 2023. Eye On Water will hopefully be available on the
July 5,2022 for a slow rollout to customers.
Mr.Pinsonneault explained that he warked with the consultant,Western and Sampson, and Thielsch
Engineering,to guarantee that a vaccinated person will show up to do the install if requested by a
customer. All vehicles used by installers have a Water Management Services (WMS),a division of
Thielsch Engineering, stickers on thein, and all installers carry Lexington ID badges.
The Board reviewed the new online user system. The Board thanked the group far the presentation.
DOCUMENTS: AMI Presentation
7. Water and Sewer Abatement Appeal- 19 Sanclerson Road
The owners of 19 Sanderson Road have submitted an appeal to the Select Board regarding the decision of
the Water and Sewer Abatement Bc�ard.
Ms. Hai explained that the Water Sewer Abatement Board(WSAB)reviewed 19 Sanderson Road request
for an abatement at its regular meeting on May 5,2022. The WSAB denied the request based on the
following:
■ The property was given 4 separate blue cards during the last four billing cycles stating an
estiinated read had to be taken. The cards instructed the resident to call the Water Division to
have the meter replaced or repaired.
■ Each bill states clearly that if you receive estimated reads you are to contact the Water Division to
assess the meter.No contact was inade.
■ The high reading is the result of an actual read after the ineter was upgraded and af'ter numerous
estiinated reads.
■ The WSAB policy is to not grant abatements on large catch-up bills due to customer failure to get
the estimated meter reads resolved.
Directar of Public Works recommended to�the Select Board that the Select Board uphold the May 5,
2022 decision of the Water and Sewer Abatement Board.
Ms. Jenny Ye, applicant, explained that she is the trustee and property inanager of 19 Sanderson Road.
She is representing the owners, as they are overseas. She explained that the billing and mailing address
for the proper�y was updated with the Town to reflect her hoine address,but she has never received any
alerts or warnings in regard to not paying the bills far the readings. In April, she received a large bill,
which was a catchup for over five years of billing. The hoineowners think that the bill was not fair due to
the calculation of it being inflated. The owners are requesting the Board's help in lowering the bill to be
paid under a lower tier rate, as the current bill is a financial hardship.
Mr.Pinsonneault noted that difficult to do an average bill on a rental property with potentially different
users in any given year and not a set pattern of use.It would also be hard to apply an average based on
estimated bills.
In response to a question from Mr.Lucente,Ms. Ye stated that this property is a long-term rental. Each
lease is over one year.
Mr.Pinsonneault stated that he has a bill far 19 Sanderson Road which clearly states that it was
estimated. There is a highlighted section regarding contacting the Water and Sewer Billing Department by
i
phone ar via email if receiving estimated bills. This is to ensure the bill is properly invoiced to the usage
and to prevent the large catchup bill.
In response to a question from Mr. Pato regarding the number of overages seen per year,Ms. Walsh
stated that not many to this extent are seen;usually approximately twelve catchup bills per billing cycle
are distributed.
Ms.Ye noted that there was a leak in the bathroom which was fixed in June of 2021. She stated that she
did not previously notice the section of the bill stating that homeowners would need to contact the
Department directly. This was an honest inistake.
Ms. Walsh explained that the WSAB discussed that the leak happened in the billing cycle for the fall bill.
Technically,that would be a late application to apply far the leak. The Board felt that this did not warrant
an abatement.
Ms.Ye stated that she never knew that this bill was an eshimate for the past five years. This was never
brought to her or the hoineowner's attention. She wished tihere was a better system for the Town to help
homeowners in this situation.
In response to a question from Mr. Sandeen,Mr.Pinsonneault stated�that,typically,a homeowner would
get a larger bill during a leak situation. The hoineowner would then have 30 days to file for an abatement.
The WSAB can then choose to grant an abatement.
Mr.Pato stated that he is syinpathetic to the property owner. However, the bill sequences dating back to
2020, along with infonnation regarding the bills being estimates,were being delivered to the property
manager. This is the same way the infonnation is delivered to all residents. The Board may want to look
at ways of iinproving this process,but he does not see a reason to not uphold the WSAB's decision.
Ms. Hai noted that there are over 15,000 water ineters in Town, and there is only so much that can be
expected of the DPW to get tihe word out,other than by putting it expressly on the bill and leaving cards.
Ms. Lucente agreed that there appears to have been outreach over several cycles through notifications on
the bills.
VOTE:Upon a in�tic�n duly made and seccanded,by r�ll call, the Se;le;ct B�ard vote;d 4-0 to uphold the
decision of the Water and Sewer Abateinent Board(WSAB) in this inatter.
DOCUMENTS: WSABAppeal Request Letter- 19 Sanderson Road
The Boarc�took a b��ief�ve-minute recess.
8. Upclate on Affordabie Housing Trust Study Committee
Ms. Roy, Chair of the Affordable Housing Trust Study Committee (AHTSC),presented to the Board. She
explained that there are two reasons why Lexington needs an Affordable Housing Trust. One is the need
to create more affordable housing units. In the past decade,Lexington created 41 affordable units and lost
41 in group hoine units. The Town has been stuck at 1,320 SHI units since 2011.Moreover,over 11%of
those units are counted on the SHI, but only half of them are truly affordable. The other reason is that an
Affordable Housing Trust provides a flexible funding entity,which can act quickly. Votes through Town
Meeting inay lead to missing out on current market opportunities. CPA funds also need to go to Town
Meeting. She noted that So 12$inunicipalities in the State have Affordable Housing Trusts.
i
Ms. Roy explained that the inain goal of an Affordable Housing Trust is to create affardable housing
opportunities. Some examples of this include: the Bedford Housing Trust distributed$600,000 of CPA
funds to subsidize eight units of ownership housing under the LIP prograin;Weston,over four years,had
an Affardable Housing Trust distribute $3.4M of CPA funds to construct eight units of affordable rental
housing on town-owned land; and Sunbury distributed 7$50,000 of CPA funds to purchase a one-acre
property that was developed into three units of affardable housing.
Ms. Roy stated that the statute being proposed would allow an Affordable Housing Trust to sell,acquire
or lease property; make grants or loans; enter into contracts with third parties;retain ownership of
revenue from any source,including municipal appropriations;borrow money, and mortgage or pledge
trust assets as collateral; and einploy/contract with advisors, staff, and consultants.A Lexington
Affordable Housing Trust could get its funding through Community Preservation Act transfers. It could
also be funded through the fee froin resale of affardable units,Federal Home funds,ar ARPA funds. The
Trust would work with the CPC and Town approval would be required for project proposed funding.
Ms. Roy stated that,without prefunding a trust, effectiveness to be able to respond to the dynamic inarket
is curtailed. The ability to fund the purchase of properties,plus holding costs,and consultants to help
prepare RFPs far development and housing needs assessinents, are reasons to have a prefunding for the
Trust.
Ms. Roy explained that the Trust is a Town entity. It's subject to municipallaws,including open ineeting.
The trustees will autharize payinents,but the Town Finance Department will adininister payments and
oversee the audits. The trustees are appointed by the Select Board and a Select Board inember will be a
voting trustee. The Trust statute requires that CPA funds appropriated to the Trust retain all CPA
requirements and constraints. The Select Board will have approval for real estate transactions and
borrowing above the pre-detennined liinit. If the Select Board approves the proposal, adoption of MGL
Chapter 44 Section SSC would be proposed at Town Meeting,and the Select Board would approve the
bylaw. Then the Select Board would appoint the trustees in accordance with the bylaw. The trustees
would next draft and recard a Declaration of Trust and create an action plan for creating or preserving
affordable housing.
Ms. Hai noted that Lexington is the singular outlier in the regional MAGIC cominunities far not yet
participating in this type of Trust.
Board members voiced their support far this proposal and trying to advance it for fall Town Meeting.
DOCUMENTS: Affordable Housing Trust Study Committee Presentation,Draft FAQs
9. Request for Letter of Support-Minuteman Regionai Vocational Technicai School District's
Appropriation to Capital Stabilization Fund
Superintendent Bouquillon,Minuteman Regional Vocational Technical School District, addressed the
Board. He explained that the request is for a positive action by each of the meinber towns to approve
transfer of excess funds into Capital Stabilization Fund.
In response to a question from Ms. Hai, Superintendent Bouquillon stated that the District uses excess and
deficiency funds to lower assessments in the next fiscal year. For the FY23 budget, $650,000 of the
excess and deficiency funds have been allocated to the overall budget. These funds are not being
proposed far that because they are coming as a surplus from FY21.
i
Superintendent Bouquillon explained that the District is trying to expand the capacity of the school
facility without borrowing any inoney. The Capital Stabilization Fund is a tool to do that. C�rrently the
Fund is supporting an expansion on the north side of the building to expand the inetal fabrication shop
and a project to develop the East Campus. Once these projects are completed,likely by fall of 2023,the
District will be able to eliminate its waiting list and expand its capacity to 800 students without having to
borrow any additional money.
Dawn McKenna,Precinct 6 Town Meeting Member, expressed concern that this item does not need to go
before Town Meeting for a vote. Mr.Pato noted that it is within the Board's authority to not call a Special
Meeting for an itein of this nature.
VOTE:Up�n a in�tic�n duly made and secc�nde;d,by r�ll call, the Select B�ard vote;d 4-0 to support the
ainendinent to the Minuteman budget as requested to appropriate$500,000 from their excess and
deficiency funds to their Capital Stabilization Fund.
DOCUMENTS: Request Letter,Minuteinan excess and Deficiency Recertification Follow up inemo
10. Fiscal Year 2022 Year-End Transfers
Ms. Kosnoff explained that The Lexington Compost Facility has had a remarkable year,with product
sales exceeding$715,000 and more than $175,000 in permit revenue.Accordingly, a nuinber of expenses
exceeded original forecasts, and the fund will need to spend more than originally authorized. This is due
to a number of factors - sales tax on the higher product sales and additic�nal costs far grinding brush. The
Compost Fund balance as of 6/30/2021 was $504,232 and is expected to end the year in a surplus which
will add to fund balance. The request is for an additional $50,000.
The FY2022 Snow Removal budget had more spending on Wages and Overtime than ariginally budgeted,
however sufficient funds remain in the Snow Removal Expense lines to fully offset the shortfall in
Personal Services(overall snow expenses were within the appropriated budget). The request is to transfer
$49,274.11 from the Expense line to the Personal Services line.
The Fire Department will experience a significant overage in FY2022 in Personal Services- Overtiine
budget. A number of factors are contributing to this,including vacation buybacks,payouts far accrued
leave at retirement,and overtiine to backfill einployees on extended leave. The department has also
experienced, and continues to experience, Covid-19 illnesses and quarantines which require the
backfilling of shif'ts with overtime.A transfer froin the Salary Reserve Account is requested to partly
cover the overage that was due to retro,buy-backs,and accrual payouts. The amount being request is
$44,812.00.
There is also a request to�transfer$75,000.00 froin the Fire—Expenses, to the Fire—Personal Services
line. Further,there is a request for�transfer of$80,188.00 froin the Reserve Fund to cover the overage that
could not be covered by the Salary Reserve Account, or the remaining expense budget. There is also the
ARPA allocation which could be used to cover this final amount. The Appropriation Cominittee did
contingently approve a Reserve Fund transfer,if the Select Board is not comfartable releasing ARPA
funds.
The Select Board Personal Services budget is experiencing a small shortfall in FY2022 due to retro
payinents that could not be absorbed into the FY2022 appropriated budget.A request from the Salary
Reserve Account of$1,500 is requested to cover this shortfall.
The Huinan Services Personal Services budget is experiencing a shortfall in FY2022 due to a number of
staff receiving retro payments and vacation buybacks that could not be absarbed into the FY2022
i
appropriated budget. A request froin the Salary Reserve Account of$$,200 is requested to cover this
shortfall.
Ms. Hai stated that the Board has made clear collectively that it wants to do something(s) significant with
the ARPA funds. She noted that not all Board meinbers are present to hear this item and vote on it, and
this is the first tiine the Board is hearing about it.
In response to a question from Mr.Lucente,Ms. Kosnoff stated that she believes at least$40,000 of the
Fire Department transfer expenses could be attributable to COVID.
Mr.Pato stated that he supports using ARPA funds far this overage item.
Fire Chief Sencabaugh agreed that COVID outbreaks have hit his Deparhnent hard within the last few
months.
Dawn McKenna, Chair of the Tourism Cominittee, stated�that the Liberty RIDE prograin is not operating
at full strength. The Liberty RIDE prograin is a moneymaker for tourism and has been for years,but for
COVID. The $40,000 being proposed far this overage would easily backfill the Liberty RIDE to allow it
to operate seven days a week,instead of currently only operating four days a week.
Ms. Hai suggested the Board vote on all transfer items except for tihe one that could come from ARPA
funding instead.
VOTE:Up�n a in�tic�n duly made and secc�nde;d,by r�all call, the Select B�ard vote;d 4-0 to approve the
following budget adjustments:
An increase in the spending limit of the Compost Revolving Fund�by $50,000 from$787,000 to
$847,000.
A transfer of$44,812 from the Salary Reserve account�the Fire Department Personal Services budget.
A transfer of$4,200 from the Salary Reserve account to the Huinan Services Personal Services budget.
A transfer of$1,500 from the Salary Reserve account to the Select Board Personal Services budget.
An End of Year�transfer of$75,000 froin the Fire Department Expenses to Fire Deparhnent Personal
Services; and
An End of Year transfer of$49,274.11 from Snow Expenses to Snow Personal Services.
DOCUMENTS: Year-end Transfer Cover Memo & Support
11. Award Sale of Boncl Anticipation Notes
VOTE:Up�n a in�tic�n duly made and secc�nde;d,by r�ll call, the Se;le;ct B�ard vote;d 4-0 to approve the
sale of$3,127,587 3.00 percent General Obligation Bond Anticipation Notes of the Town dated June 30,
2022 and payable February 24,2023 (the"Notes")to Piper Sandler& Co. at par and accrued interest,
plus a preiniuin of$12,823.11.
and Further: that in connection with the marketing and sale of the Notes,the preparation and distribution
of a Notice of Sale and Preliminary Official Statement dated June 16,2022 and a final Official Stateinent
i
dated June 22,2022, each in such fc�rm as may be approved by the Town Treasurer,be and hereby are
ratified,confinned, approved, and adopted.
and Further: that any certificates ar documents relating to the Notes(collectively,the"Documents"),inay
be executed in several counterparts, each of which shall be regarded as an ariginal and all of which shall
constitute one and the same document; delivery of an executed counterpart of a signature page to a
Docuinent by electronic mail in a".pdf"file or by other electronic transmission shall be as effective as
delivery of a manually executed counterpart signature page to such Docuinent; and electronic signatures
on any of the Documents shall be deemed ariginal signatures for the purposes of the Documents and all
inatters relating thereto,having the same legal effect as original signatures.
and Further: that the Town Treasurer and the Select Board be,and hereby are, autharized to execute and
deliver a significant events disclosure undertaking in compliance with SEC Rule 15c2-12 in such form as
may be approved by bond counsel to the Town,which undertakings shall be incorporated by reference in
the Notes, as applicable, for the benefit of the holders of the Notes from time to time.
and Further: that we authorize and direct the Town Treasurer to establish post issuance federal tax
compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer and
bond counsel deem sufficient, or if such procedures are currently in place,to review and update said
procedures,in order to monitor and inaintain the tax-exempt status of the Notes and to coinply with
relevant securities laws.
and Further: that each member of the Select Board,the Town Clerk and the Town Treasurer be and
hereby are, authorized to take any and all �uch actions, and execute and deliver such certificates,receipts
or other documents as may be determined by them, or any of thein,to be necessary or convenient to carry
into effect the provisions of the faregoing votes.
DOCUMENTS: BANBidResults,BANPurposes,Note Form&Opinic�n,No Litigation&OS Statement,
Tax Certificate, Significant Events Disclosure,Form 4030G
ADO[1R1r1
Upon a motion duly�nade and secc�nde:d,'by ro11 ca11,the; Select Board voted 4-(�tc�adjc�urn the meeting at
9:01 p.m.
A true record;Attest:
Kristan Patenaude
Recarding Secretary
SELECT BOARD MEETING
7uly 11,2022
A reinote participation meeting of the Lexington Select Board was called to order at 6:01 p.m. on
Monday, July 11, 2022 via hybrid 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; and Ms.Katzenback,Executive Assistant.
Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town's
website.
PUBLIC COMMENTS
None at this time
SELECT BOARD MEMBER CONCERNS &LIAISON REPORTS
1. Select Board Member Concerns&Liaison Reports
Mr. Lucente noted that there are some historical items, such as the past meeting calendar and the Town
Meeting web pages,which are missing from the newly updated Town website.
Mr. Pato stated that the Board will be hearing resignations from the Noise Committee later this evening.
He suggested that, as in the past when this occurred,the liaison to the Committee and a second member of
the Board act as an interim Noise Committee to hear complaints from the community before the
Committee is reconstituted.
Ms. Barry noted that she has two concerns she would like to discuss. One is regarding banners going
across Massachusetts Avenue, and if this will still be possible after the Center Streetscape project is
coinplete. She would also like to hear an update and timeline for the work being done at the
Massachusetts Avenue and Worthen Road intersection.
Mr. Malloy explained that two new metal poles will be placed in order to hang the banners again,though
this might not occur this year.Additional items cannot be placed on the poles until the project is finalized
by the contractor. He also explained that the intersection project has been ongoing for years. The Town
Engineer contacts representatives of both Verizon and Eversource each week to push the project forward.
There are poles that need to be moved in order to fmalize the proj ect and neither company seems to want
to complete this.
Ms. Barry suggested that a contact at the State could be used to push the intersection proj ect along. She
asked how the new brackets to hang the banners for the new poles will be funded.
Mr. Malloy stated that the funding for the brackets will either be included in the overall proj ect budget or
will come from the DPW budget. The installation of these poles will likely occiu either in the fall or early
spring of next year.
Mr. 5andeen asked Mr. Malloy for an update regarding National Grid's project to relocate the regulator
from Winthrop Road to Fletcher Avenue.
DOCUMENTS: Select Board Concerns and Liaison Reports-July 11,2022
TOWN MANAGER REPORT
1. Introduction of James Robinson,Management Fellow
Mr. Malloy innoduced the new Management Fellow, James Robinson. Ms. Hai presented Mr. Robinson
with a Town Seal pin on behalf of the Select Board. The Board welcomed Mr. Robinson.
CONSENT AGENDA
1. Select Board Committee Resignations
To accept the resignations of Dan Koretz, Stu Smith, Joe Campbell,and Vicki Blier from the Noise
Advisory Committee effective immediately.
2. Approve Town Manager Appointment to Lexington Auman Rights Committee
To approve the Town Manager's appointment of Larry Freeman to the Lexington Human Rights
Committee as the School Committee Member to�ill an unexpired term set to expire on September 30,
2023.
DOCUMENTS: Lexington Human Rights Committee Charge
3. Approve Select Board Meeting Minutes
To approve and released the Select Board meeting minutes o£
June 13,2022
June 15,2022 Financial Summit/DPF 20-Year Capital Plan(Part 2)
DOCUMENTS: DRAFT 06132022 Select Board,DRAFT 06152022 Financial Summit
4. Approve One-Day Liquor License
To approve a One-Day Liquor License for Wilson Farm, Inc. to serve wine for the purpose of their
"Dinner in the Field" Fundraiser to be held outside in the fields of Wilson Farm, 10 Pleasant Street on
Thursday,July 21, 2022(with a rain date of Friday,July 22, 2022)from 5:30pm to 9:0(1pm.
5. Town Manager Committee Appointments
To approve the Town Manager's appointment of Renen Bassik to the Recreation Committee for a three-
year term set to expire on May 31,2025.
To approve the Town Manager's appointment of Weiwei Li to the Recreation Committee to fill an
unexpired three-year term set to expire on May 31,2023.
DOCUMENTS: Membership Recominendations Memo,Renen Bassik,Weiwei Li
VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Update from Chief Equity Officer
Martha Duffield, Chief Equity Officer,presented the Equity Office's annual update. The Equity Office
goals include increasing employment diversity,improving data collection and transparency, collaborating,
and supporting department equity initiatives, strengthening relationships across municipalities, and
bridging municipal and community equity wark. Ms.Duffield noted that currently over 50%of the
Town's hires are under the age of 34. In the last year,the Town has increased its hiring for the global
maj ority to 7%. Also,in the last year,the Town went from hiring 30%females,to 56%. She noted that
almost 50% of those who leave their job for the Town had only worked for the Town for less than three
years. There is a lot of pressure on Human Resources to backfill those positions.
Ms. Duffield explained that the Equity Office started a Coffee with the Chief event. One item which came
from this was the idea to have translators for situations where there might be a lost resident, or another
situation in which having access to human interpreter might be beneficial. Various cultural organizations
have provided the Police Department with direct contacts to help with those situations. She noted that the
Office maintains a relationship with MA DEI and recently created a DEI Guide for DEI practitioners. Ms.
Duffield noted that she will be stepping down as the Town's Chief Equiry Officer as of Ju1y 20, 2022. She
thanked the Town for the opportunities she's had in this role.
Ms. Barry stated that she would like to see the totaL number of staff inembers surveyed included. She
would also like to see more of a breakdown in the information between the municipal and school sides.
Finally, she asked if there was a way to include data regarding how far employees are traveling to come to
work, in order to make potential correlations to the need for workforce housing in Town.
DOCUMENTS: Chief Equity Officer update
2. Update on Creation of a Collaborative Reform Subcommittee of the Commission on
Disability
Mr. Malloy explained that the request is to create a subcommittee of the Commission on Disability to
examine issues involving equity with people with disabilities. The Commission on Disability has worked
with Chief Equity Off'icer, Chief of Police and Directar of Human Services to develop a Sub-Committee
that would consist of inembers of the Commission on Disability as well as other Committees/Boards and
Town staff to collaborate on evaluating, refining and reshaping current policies and procedures involving
safety, emergency response, pre/post-vention and service delivery that are effective, accountable and
transparent for our residents with disabilities.
In response to a question from Ms. Barry regarding the differences Uetween this proposed group and the
Mental Health Taskforce,Melissa Interess, Human Services Director, explained this group would be more
specific to public safety response as it relates to all the groups in Town,not just necessarily someone who
might be having a mental health crisis.
ln response to a question from Mr. Sandeen,Mr. Malloy explained that�the subcommittee would be set up
so that any recommendations would go to the Commission on Disabilities,with the idea that the group
would be loolcing at specific departments and mental health issues and how that plays in with disabilities
and equity.The Commission on Disabilities would then make any recoinmendations to him, as the Town
Manager,on any reconunended program changes or management changes.
Mr. Lucente noted concerns with the makeup of the subcommittee,as there does not seem to be space for
other members,unless already on the Commission on Disability, or a Town employee.
Mr.Pato explained that the group will be tasked with carrying on the tasks within the scope of the
Commission on Disability. It is helpful for a lot of what the group wants to do for the participants to be
already embedded in the two committees and the staff as described.
Mr. Lucente stated that the group's charter doesn't malce it sound like a group that is charged to go and
solicit feedback from the rest of the community, as much as is to study other communities and other
models. There might be a chance to assign some of the seats to people not already on a board or
committee,in order to create greater inclusion.
Victoria Bucl�ley, Chair Commission on Disability, explained that one of the goals of the proposed group
is to engage with the public under Open Meeting Law,while keeping experienced membets on the
Committee itself.
Mr. Lucente explained that the Board has expressed interest in inviting new voices to the table. He is
concerned that this is an opportunity to create a new subcommittee without following this guidance. He is
also uncomfortable with stating that no new expertise could be used on the subcommittee, as it is all
already in place.
Ms. Hai asked that the group consider if there's a way to expand the subcommittee to Mr. Lucente's point
of hearing some new voices while continuing to respect the need for collaboration among the groups. The
group can then come back to the Board with a recommendation.
Tom Shiple, 18 Phinney Road, stated that, in reading the subcommittee's purpose,the phrase `multiple
marginalized identities' could be a more inclusive and expansive way to discuss those the subcommittee
is interested in serving,instead of`people with disabilities.'
Mr. Sandeen suggested that if a staff member was a liaison to this subcomrnittee,instead of a member,it
might open up additional seat to Mr. Lucente's point.
Ms. Hai asked that the group warking who worked on this request would take the Board's feedback into
consideration and then submit an updated proposal for the Board's consideration at a future meeting.
DOCUMENTS: Draft charge,Formation Letter
3. Fiscal Year 2022 Year-End Budget Adjustment-Fire Department
Ms. Hai explained that this agenda item is a follow-up to the end-of-year budget adjustments that were
presented to the Board on Monday,June 27,2022. There is one remaining adjustment for Fire
Department overtime that was not approved that will be reconsidered tonight. Management's
recommendation is the Board approve up to $80,188 of ARPA funds to cover the deficit in the Fire
Department's overtime budget.Alternatively,the Board could approve a Reserve Fund Transfer for the
same amount.
Ms. Kosnoff explained that the overage in the Fire Department is actually closer to $170,000 than
$200,000. She stated that staff is proposing to expend up to $80,188 from ARPA funds,with the intention
to not use more than is needed,which is lilcely approximately$50,000.
VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to approve the
use of up to $80,188 in ARPA funds to cover the remaining deficit in the fire department over time.
DOCUMENTS: Year-end Transfer Cover Memo & Support
4. Update from Procurement-Long-Term Contracts
Ms. Kosnoff explained that this item is an update to an administrative process for the Town's Procurement
Department regarding contract tenns that exceed 3 years. I�i 2016, Town Meeting approved to extend the
terms for certain types of contracts for longer than 3 years. However,the Town Meeting vote indicated
that any contract for longer than three years should be further approved by a vote of the Select Board.
Staff recently discussed this provision with Town Counsel, and Mr. Makarious concurred with the
interpretation that contracts over 3 years should be authorized by the Select Board.In practice most of the
Town's extended contracts are/have been presented to and approved by the Select Board since 2016 but
the Procurement Department has recognized that soine of the Town's more administrative contracts have
not been presented to the Board. An example is the connact for the Administration of Worker's
Compensation and Public Safety Injured on Duty claims,which is proposed for a term of 3 years,with
two one-year options to extend. Town staff is seelcing approval to enter into this contract beginning in
FY2023. In addition, staff would like to gauge the Board's comfort level with including future
administrative contracts on the consent agenda. Contracts for public facing services would remain on
regular agendas for discussion and feedback.
The Board agreed it was comfortable with including future administrative contracts on the consent
agenda.
VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to authorize the
Town Manager to enter into a contract for Worker's Compensation and Public Safety Injured on Duty
Claims Administration and Related Services, for a term of 3 years,plus two one-year options to extend.
DOCUMENTS: 2016 ATM,Article 31_Contract Tenns, Workers Compensation Admin Contract,
Lexington Extended Contracts
5. Receive Monuments and Memorials Committee Report Regarding LexSeeHer Proposed
Monument
Linda Dixon, Chair of Monuments and Memorial Committee explained that LexSeeHer is proposing a a
triumphal arch with two 6' panels. Each panel contains �ve female figures.Including the female tigures
on the back,there are a total of 20 feinale�gures on the entire gate. The artist,Meredith Bergman. uses a
technique called bas relief and, even though the gate is only 4"deep, this technique allows her to produce
a really�'ine level of detail which can differentiate the characters features quite clearly. Everything will be
sculpted in bronze. 17 women of Lexington have been selected to be included. Five of them are
Revolutionary Ear women from the 1700s; four are abolitionist and suffragist women from the l 800s; and
eight are Women of Achievement from the 1900s to the present. LexSeeHer chose a site at the corner of
Massachusetts Avenue and Merriam Street. This is on the Visitor Center lawn and is in the Battle Green
Master Plan area.
Ms. Dixon explained that the Monuments and Memorial Committee expressed concern that LexSeeHer
has no plan B for this proposal.Another issue was a philosophical difference in how the Committee and
LexSeeHer regarded the Battle Green Master Plan. The Committee was also concerned that the proposed
location is too close to the Minuteman Statute, and potential competition conflict with the Visitor Center.
This is a very busy area,with heavy auto and foot traffia There is concern that this could have a negative
impact on the amount of movement in the area.
Ms. Dixon explained that LexSeeHer raised$261,000 in less than two years.As of April,the monument
project cost was $291,000.Adding a donation toward maintenance and a set aside for contingency,the
total project cost is $331,000. The project is very labor intensive and could take up to a year and a half to
complete. The Historic Districts Commission issued a certificate of appropriateness on February 2°d, after
LexSeeHer agreed to rotate the monument 45 degrees. The Tourism Committee voted 4-2 to generally
support the monument,but not to support locating the monument anywhere within the Bartle Green
Master Plan area. On Apri17"',the Monuments and Memorials Committee voted 6-0 to recommend
approval of the monument purpose, design, and timelines, and 6-0 not to recommend the proposed
location. The Committee met wit�h LexSeeHer to try to choose a compromise location, but one could not
be decided on.
Ms. Barry noted that the Visitor Center lawn is getting far more activity since COVID, and the Town is
also issuing more permits for that location far different events.
In response to a question fiom Ms. Barry, Ms. Dixon explained that LexSeeHer has a comprehensive
lighting plan proposed for the monument. Ms. Dixon suggested that LexSeeHer and the Town discuss the
lighting in terms of the Battle Green Master Plan. She also noted that a concern regarding snow removal
was not resolved.
Ms. Barry stated that she would like to see more detail as to what the $10,000 proposed for maintenance
of this monument will cover and the schedule for this proposed maintenance.
Tn response to a question from Mr. Pato regarding alternative locations,Ms. Dixon explained that the
groups discussed locations at Depot Square, other sites within the Battle Green Master Plan area on the
Buckman Tavern side of the street, and a site at Fletcher Park. The Committee was not truly interested in
placing this monument anywhere within the Battle Green Master Plan site.
Ms. Hai noted that the Commission on Disability took a positive vote to support the monument and
location, as proposed. The Senate Committee also toolc a positive vote to support both.
VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 5-0 to accept the
Monuments and Memorials Committee Final Report regarding LexSeeHer proposed monument.
DOCUMENTS: Monuments &Memorials Committee report—LexSeeHer,Presentation from
Monuments and Memorials Committee
6. Grant of Location for Eversource- 10 Maguire Road
Ms. Callender,Right of Way Agent for Eversource, explained that the proposed manhole has been
removed from the application, as there is an existing manhole at the site. The request is for a ground
location to install 73' of conduit into McGuire Road.
In response to a question from Mr. Sandeen,Mr. Schifone,Right and Permit Supervisor,explained that
Verizon is administering a system in Lexington,through which all companies attached to the pole will be
notified when it is their turn to transfer wires to the new pole.
VOTE: Upon a motion duly inade and seconded,by roll call,the Select Board voted 5-0 to approve the
granted location to NSTAR Electric Company d/b/a Eversource Energy to construct, and a location for,
such a line of conduits and manholes with the necessary wires and cables therein, said conduits to be
located, substantially as shown on the plan made by T. Thibault revised date May 13,2022,under the
following public way or ways of Maguire Road- Southerly from Pole 399/6, 702 feet northwest of
Hartwell Avenue, install approximately 73 feet of conduit. This wark is being requested to provide
underground electric service to 10 Maguire Road.
DOCUMENTS: Original Eversource Grant of Location Petition- 10 Maguire Road,Picture MH23846
taken in advance of 6-27-22 Hearing,Eversource Response information-Maguire Road pole
identification information for petition,2022.07.08 Updated Eversource petition WO 6321095 -
MAGUIRE ROAD, Select Board Policy-Grants of Location in the Public Way
7. Discuss Select Board Report for Fiscal Year 2022 Annual Town Report
Ms. Hai explained that the Board is being asked to begin preparations for the Select Board submission for
the FY22(July 1,2021—June 30,2022)Annual Town Report. The final report will be due for submission
to the Town report Coordinator by September 12,2022.
The Board discussed items that it would like to include, such as Hartwell updates including the 25%
design,ARPA,the Police Station, fiscal resiliency, and planning including the no-override commitment,
economic development and commercial growth, virtual Town Meeting/hybrid technology expansion,
housing, Center, and Battle Green Streetscapes including the roundabout, an update to the conshuction
projects buildings list, and a brief update on DEI coinmitments.
DOCUMENTS: FY2021 Annual Town Report-Select Board Report,2022 Annual Town Meeting-
Select Board Report, Select Board Report topics from FY21 Annual Town Report and 2022 Annual
Town Meeting
Ms. Barry recused he�selff�oin the Executive Session aiid erited the meeting at 8:13pm.
EXECUTIVE SESSION
1. Exemption 3: Collective Bargaining Update-Lexington Fire Union
VOTE: Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 at 8:13 p.m.that
the Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective
bargaining related to the Lexington Fire Union and not to reconvene in Open Session. Further,Ms. Hai
declared that an open meeting discussion on this item may have a detrimental effect on the bargaining
position of the Town. Adjournment for both Open Session and Executive Session will occur at the
conclusion of the Executive Session. The Board will not reconvene in Open Session.
ADOURN
Upon a motion duly made and seconded,by roll call,the Select Board voted 4-0 from the executive
session to adjourn both the executive session and regular meeting at 9:02 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Public Hearing: Noise Bylaw Special Permit - Night Work for Water Main Replacement on
Lowell Street
ITEM
PRESENTER: NUMBER:
Collin Stuart, PE, Wright Pierce
I.1
SUMMARY:
Phase 2A of the Town of Burlington's Water Main Replacement project includes the installation of a 24-inch
ductile iron water main along Lowell Street from Maple Street to North Street and North Street from Lowell
Street to Adams Street in Lexington. A request for a special permit under the noise by-law has been submitted
seeking approval to worlc during the nighttime hours of 7:OOpm- S:OOam, Monday through Friday, to work in
hours outside of pealc commuter traffic to reduce delays along a major commuter corridar at the intersection of
Lowell and Woburn Streets. The work would be scheduled following the review and approval of this
application, and is hoped to take place over the course of 4 nights between 7/26/22- 7/29/22 but due to
scheduling requirements may need to be pushed out to 8/1/22- 8/4/22.
The attached application contains the detailed description of the noise generating activity that would transpire at
the time of the night worlc. Fire, Police, and Health reviewed the application and have no issues/concerns
regarding the request as it relates to their respective departments.
The hearing notice was mailed to abutters within 300ft of the proposed wark area. It was also advertised in the
7/14/22 and 7/21/22 Lexington Minuteman Newspaper.
SUGGESTED MOTION:
Move to (approve/not approve) a Noise Bylaw Special Pernlit for evening wark to be conducted from
7:OOpm to S:OOam for four nights, Monday through Friday, from July 26, 2022 to Juty 29, 2022, or alternatively
during the period of August 1, 2022 to August 4, 2022, the Town of Burlington's water main replacement
project at the intersection of the Lowell and Woburn Streets in Lexington.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022 6:l Opm
ATTACHMENTS:
Description Type
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Attachment 1 Drawing C-6 (Reference Plan)
Attach ent 2 Plot Plpn
Attachment 3 Abutters Mailing Labels
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TOWN OF LEXINGTON SELECT SOARD
APPLICATION FOR SPECIAL PERMIT UNDER THE NOISE BY-LAW
This application must be completed, signed and submitted with the filing fee by
the applicant or his/her representative in accordance with the Rules and
Regulations For the Application For Special Permit Under the Noise By-law (see
other side of this application). The applicant is advised to review the Lexington
By-law prior to filing this application.
Location of Property (street and number) ;N/A. See attached figure.
Name and Address of Applicant Collin Stuart
230 Commerce Way, Suite 302, Portsmouth, NH 03801
Tel. No. 603-570-7123
Applicant is: Owner_Tenant X Agent/Attorney_Prospective Purchaser_
Property Owner's Name/Address (if not applicant): John Livsey, P.E.
201 Bedford Street, Rm 202, Lexington, MA 02420
Tel. No. 781-274-8300 x 8305
Date Deed recorded: Middlesex So. Registry of Deeds: Book Page_
Characteristics of property: Lot Area Actual Lot Frontage
Lexington Assessors' Map No. Lot No. Zoning District
Permitted Use:
Town-owned Travel Way
Present use:
Town-owned Travel Way
Application is for:
�A special permit in accordance with Noise By-law
Renewal of a special permit in accordance with Noise Sy-law
Required Attachments:
a) Attach a detailed description of the noise generating activity. Describe in
detail the reason(s) for seeking the Special Permit or renewal of the Special
Permit, the expected deviations from the permitted noise standards and the
frequency of operations generating the noise in excess of allowed standards
under the Noise By-law, including the hours of the day, the days of the week
and the season of the noise generating activity.
12/28/06 3
b) Attach a description of and quantify the expected impacts on the abutters, if
the application were granted.
c) Attach an explanation of the financial hardship, if the application were not
granted.
d) Attach property owner's written consent (if other than applicant).
e) Plot Plan.
f) Certified abutters list.
g) Letters of support from abutters (not mandatory).
APPLICANT OR REPRESENTATIVE MUST ATTEND THE PUBLIC HEARING.
Signature of Applicant (or representative) Collin Stauart ��m �°m°°a°
Address if not applicant
Telephone number where applicant may be reached during the day 603-570-7123
Schedule of Filing Fees:
Filing fees shall be set by the Select Board.
Residential Non-residential
Special Permit $ $
Renewal $ $
12/28/06 4
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The Towns of Burlington and Lexington are currently collaborating on the Phase 2A Water Main Replacement project
which includes the installation of a 24-inch ductile iron water main along Lowell Street from Maple Street to North
Street and North Street from Lowell Street to Adams Street.The entire project limits are located within the Town of
Lexington. For the purposes of this Special Permit Application, the Town of Lexington Engineering Division will be
considered the Owner, the Town of Burlington Department of Public Works will pay for the advertisements, and
Wright-Pierce will act as an agent for the Towns, has prepared this application, and will function as the Applicant in
this circumstance.
The activity associated with this Special Permit Application includes the installation of water main within the Town-
owned right-of-way at the intersection of Lowell Street and Woburn Street(Approx.STA 119+00 to STA 122+50).We
have attached Drawing C-6 with a highlighted section of water main for reference (Attachment#1).
On behalf of the Owner, we are seeking the approval of the Lexington Select Board to grant a temporary alteration
to the established construction work hours (7:00 AM —4:00 PM Monday through Friday) to the nighttime hours of
9:00 PM —5:00 AM Monday through Friday. Given that the request violates the permitted work hours established
u nder Chapter 80,Section 4 of the Town of Lexington Noise Control Ordinance we are requesting a temporary waiver.
This is a particularly busy intersection, and the Owner wishes to complete the worl< in hours outside of peal<
commuter traffic to reduce delays along a major commuter corridor. The work would be scheduled following the
review of this application, but I anticipated to take place over the course of 4 nights(7/26-7/29). However,scheduling
the work in hinging upon the approval of this application and may need to be pushed to the following week (8/1-
8/4).
The cost of compliance with the Noise By-law is not the reason this application is being submitted. Excessive financial
hardship is unlikely to result from completing the work during daytime hours. The application is being presented to
alleviate impacts to commuters, residents, and commercial business owners located within the limits of work.
The sources of noise would include the construction crew (5-10 individuals) and construction equipment such as
dump trucks, excavators,front-end loader, and other miscellaneous equipment required to facilitate the water main
installation. Pipe saws will be required to cut pipes to lengths required for the installation of valves and fittings. Power
drills will be required to tighten nuts on restraining devices.The noise associated with these pieces of equipment are
not predictable and would be random throughout construction. The height of the noise source would vary between
the height of the tallest piece of equipment (approximately 15 feet) down to approximately 7 feet underground
where the water main would be installed.
The maximum noise level in decibels (dBA) permitted under Chapter 80 of the Town of Lexington General By-laws is
85 dBA at the property line. The equipment outlined above is expected to produce the following noise levels during
construction:
• Dump trucks—100 dBA at a 10-foot radius.
• Excavator(largest)—100 dBA at a 10-foot radius.
• Front end loader—60 dB at 10-foot radius.
• Pipe saw—110 dB at a 10-foot radius.
� Power drill—70 dBA at a 10-foot radius.
Based on the information outlined above, the loudest anticipated noise proposed during construction will exceed
the maximum permitted noise level by 25 dBA.
In accordance with the requirements of the Special Permit Application, we have prepared and attached a plot plan
(Attachment#2) depicting the work zone where the proposed construction activities would generate noise.The plan
includes Town zoning designations, property boundaries, parcel IDs, a hatched limit of worl<for the work associated
with this request, and a 300-foot buffer zone from the limit of work. All properties within the 300-foot buffer zone
were considered abutters impacted by the night work request. Using the Town of Lexington GIS website,we obtained
a list of abutters including mailing labels for each impacted property (Attachment #3). All properties immediately
adjacent to the work are businesses and the work is proposed to be completed outside of their normal business
hours.
We greatly appreciate your time in reviewing this Special Permit Application and look forward to presenting the
request at the July 25, 2022, Select Board Meeting.
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SEALAND LEXINGTON LLC TOWN OF LEXINGTON VUTUKURI RAMADEVI&
22 OLMSTED ROAD 1625 MASS AVE 10 LACONIA ST
SCARSDALE,NY 10583 LEXINGTON,MA 02420 LEXINGTON,MA 02420
46-30 46-47 46-48
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16 LACONIA ST 15 APPLETREE LN 27 CAMBRIDGE ST
LEXINGTON,MA02420 LEXINGTON,MA02420 BURLINGTON,MA01803
46-27 46-46 46-126A
DORAN MICHAEL T& CHEN LEI& LEXINGTON HOUSING AUTHORITY
306 WOBURN ST 17 APPLETREE LN 299 WOBURN ST
LEXINGTON,MA 02420 LEXINGTON,MA 02420 LEXINGTON,MA 02420
54-101 46-26 46-11 1
338 WOBURN REALTY LLC LEXINGTON HOUSING ASSISTANCE BOARD INC ALP VENTURES LLC
11 JOHN ST 1620 MASSACHUSETTS AVE STE 4 11 HARTWELL AVE
NEWTON,MA 02459 LEXINGTON,MA 02421 LEXINGTON,MA 02421
46-107 46-39 46-108
HUTCHINSON SARAH M BARR,TRJAMES C SONG MINGJIAN&
380 LOWELL ST 5 CEDAR RIDGE DR 390 LOWELL ST
LEXI NGTON,MA 02421 BEDFORD,MA 01730 LEXINGTON,MA 02420
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1349 LAKE WHITNEY DR 4 ROLFE RD 394 LOWELL ST#16
WINDERMERE,FL 34786 LEXINGTON,MA 02420 LEXINGTON,MA 02420
46-36 46-109A-7 46-109A-8
CASSON REAL ESTATE LLC RESEARCH DEVELOPMENT&TECHNICAL HARRINGTON EIGHT LLC
24 MILL STREET 394 LOWELL ST#7 394 LOWELL ST 8
ARLINGTON,MA 02476 LEXINGTON,MA 02420 LEXINGTON,MA 02420
46-34 46-40 46-35
MAHBOOBI SOHAIL K&KAUSAR HUMERA TRS CHEN YUAN& PATEL ARVIND K TRUSTEE
337 WOBURN ST 375 LOWELL ST 333 WOBURN ST
LEXINGTON,MA 02420 LEXINGTON,MA 02420 LEXINGTON,MA 02420
46-109A-19 46-109A-9 54-98
CONLON RICHARD W JR& THE BOSTON SOCIETY SARDA ARCHANA
394 LOWELL ST#19 394 LOWELL ST 429 LOWELL STREET
LEXINGTON,MA02420 LEXINGTON,MA02421 LEXINGTON,MA02420
54-96 46-109A-3 46-109A-4
WANG YIFAN HARRINGTON EIGHT LLC BURGE ROBERT S TRUSTEE
441 LOWELL ST 394 LOWELL ST 8 PO BOX 134
LEXINGTON,MA02420 LEXINGTON,MA02420 LEXINGTON,MA02420
46-109A-12 46-109A-17 46-109A-2
RESEARCHDEVELOPMENT&TECHNICAL GAOLIXIN& CHENGJIPING&
394 LOWELL ST#12 4JONAS STONE CIR 9 PEARL STREET
LEXINGTON,MA02420 LEXINGTON,MA02420 LEXINGTON,MA02420
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22 OLMSTED ROAD 435 LOWELL ST 438 LOWELL ST
SCARSDALE,NY 10583 LEXINGTON,MA 02420 LEXINGTON,MA 02420
46-38 46-109A-13 46-109A-14
MAJUMDAR RADHHIKA LOOCIE BROWN REALTY LLC WILSON HERBERT RTRUSTEE
391 LOWELL ST 394 LOWELL ST#13 10 BERWICK RD
LEXINGTON,MA02420 LEXINGTON,MA02420 LEXINGTON, MA02420
46-109A 54-103 46-110
HARRINGTON PARK CONDOMINIUM TRUST YOOJUNG AH& COUNTRYSIDE PLAZATRUST
74 BEDFORD ST 6 ROLFE RD 400 LOWELL ST
LEXINGTON,MA02420 LEXINGTON,MA02420 LEXINGTON,MA02420
46-109A-10 46-109A-11 46-109A-18
BILAZZO JOHN& JG HOME HEALTH CARE SERVICES LLC GALA ALBERTO M TRUSTEE
394 LOWELL ST 10 394 LOWELL ST 9 394 LOWELL ST
LEXINGTON,MA02420 LEXINGTON,MA02420 LEXINGTON,MA02421
46-109A-6 54-64A
PERNA DAVID A AVETISYAN TIGRAN &
44 THORNTON ST 428 LOWELL ST
NEWTON,MA 02458 LEXINGTON,MA 02420
600 Federal Street,Suite 2151
Andover,MA 01810
978.416.8000 � wright-pierce.com
collin.stuart@wright-pierce.com
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Appoint Members to School Building Committee
ITEM
PRESENTER NUMBER:
Jill Hai, Select Board Chair
I.2
SUMMARY:
Attached please find the list of inembers for the School Building Committee for the Lexington Higl� School
project as required by the MSBA. This list does need to be submitted to the MSBA by the end of July. The
School Committee requested that the Board consider including a meinber from the Appropriation Committee
andlor a member from the Capital Expenditures Committee. Additionally, Joe Pato suggested that the Board
may want to consider adding a member of the Sustainable Lexington Committee. The Board should discuss
this and if the Board is in agreement, the Town Manager can reach out to the Committee Chairs and request
that a member be recommended and forward that candidate to the Select Board at a subsequent meeting, at
which time the Select Board can add to the School Building Committee and we can then amend the Committee
membership as appropriate and send the revision to the MSBA.
SUGGESTED MOTION:
Move to approve the School Building Committee for the Lexington High School Project as attached, and to
further designate a11 meinbers of the School Building Committee as Special Municipal Employees.
Move to appoint as the Chair of the School Building Committee.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022 6:25pm
ATTACHMENTS:
Description Type
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James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
July 21,2022
iVis. Sarah Przybylowicz,MSBA Project Coordinator
Massachusetts School Building Authority
40 Broad Street,Fifth Floor
Boston,Massachusetts 02109
Dear Ms.Przybylowicz,
In accordance with 963 CMR 2.00,attached for your review and approval is the membership of the School Building
Committee far the Lexington High School Project located in the Town of Lexington. The Committee was farmed in
accordance with the provisions of all applicable statutes, local charters,by-laws and agreements of the Town of Lexington.
Committee Members include the following:
Designation Name and Title Address Email Address/Phone Number Voting
Member?
SBC member who is Marlc Barrett Town of Lexington �zi��trr�tb..�),,l�xn:ry��c�rrrr��.g.x�ry Yes
MCPPO certified` Public Facilities 201 Bedfot•d Steeet (781)274-8902
Pro'ect Mana er Lexin ton,MA 02420
Local Chief Executive Joe Pato Town of Lexington �aat�a(-w�ilexarn tar� tnm�.�� Yes
Officer Select Board Member 1625 Massachusetts Avenue (781)698-4580
Lexington,MA 02420
Administratar or James Malloy Town of Lexington 'rrut�l�c�..(��l�;xin tc�� nm�,�e�v Yes
Manager'� Town Manager 1625 Massachusetts Avenue (781)698-4540
Lexin ton,MA 02420
School Committee Kathleen Lenihan Town of Lexinbton kl�,r��l�ar�.���xin ka� r�n�.� Yes
Members School Committee 146 Maple Street (781)861-2580
(minimum of one) Member Lexin ton,MA 02420
Yes
Superintendent of Schools Julie Hackett Town of Lexington jhackett@lexingtonma.org Yes
Superintendent of 146 Maple Street (781)861-2580
Schools Lexin ton,MA 02420
Local Official responsible Mike Cronin Town of Lexinbton mcronin@lexingtonma.gov Yes
for Building Maintenance Public Facilities 201 Bedford Street (781)274-8958
Director Lexin ton,MA 02420
Representative of Office James Malloy Town of Lexington '���)l�xi7d�,ts��izr�.�e�v Yes
authorized by law to Town Manager 1625 Massachusetts Avenue (781)698-4540
construct school buildin s Lexin ton,MA 02420
School Principal Andrew Stephens Lexington High School astephens@lexingtonma.org Yes
Principal 251 Waltham St. (781)860-5800
Lexin ton,MA 02421
Member knowledgeable 7ulie Hackett Town of Lexington jhackett@lexingtonma.org Yes
in educational mission Superintendent of 146 Maple Street (781)861-2580
and fimction of facility Schools Lexington,MA 02420
1625 MASSACHUSETTS AVENUE•LEXiNGTON,MASSACHUSETTS 02420
Local budget official or Carolyn Kosnoff Town of Lexington �;I��sr�,c�.�`[��x)lexi_n xt��a�rr�.�..«�v Yes
_ . �
member of local finance Assistant Town 1625 Massachusetts Avenue (781)698-4622
Coin�nittee Manager far Finance Lexington, MA 02420
Members of community Jonathan Him�nel Yes
with architecture, Architect
engineering and/or PBC Chair
construction experience Charles Favazzo Jr. Yes
Vice President
Le at McCall
Other: Please provide
brief background Kseniya Slaysky Yes
info/expertise Resident
Hsing Min Sha Yes
Resident
Listed below is the past performance of the school building committee, the building comrnittee(temporary or perrt�tanent),
or any other committee responsible for oversight, management, or ad�ninistration of the construction ofpublic buildings
and its individual mernbers:
The Town of Lexington by-laws includes a Permanent Building Committee: "When authorized by the Town,the Permanent
Building Committee shall have general supervision over the design and construction of public struct�ires,recreational
facilities,and buildings............"
in 2007,Town Meeting authorized the formation of a Departmem of Public Facilities(DPF). The DPF is responsible for
maintenance of school and municipal buildings,iinplements capital improvements,and also provides administrative
support to the Permanent Building Committee. Legal support is provided by Town Counsel.The Permanent Building
Coinmittee, supported by DPF,has recently managed the renovation of Bridge and Bowman Elementary Schools and
construction of a new Estabroolc Elementary School,a MSBA grant project.
After approval of this committee by the Authority,the To�vn will notify the Authority in��riting within 20 calendar days of
any changes to the membership or the duties of said committee.
Sincerely,
James Malloy
Town Manager
Approved by MSBA Date
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on American Rescue Plan Act (ARPA)
ITEM
PRESENTER NUMBER:
Jim Malloy, Town Manager
I.3
SUMMARY:
Attached please fuld an update of all ARPA items that have been approved by the Select Board with a column
that includes the current outstanding balance and a section on new requests with greater detail provided after
the spreadsheets. P1ease note that in an upcoming meeting we will be providing a recommendation on closing
out some of the items, in which case the outstanding balance becomes a�ailable ARPA funds for further
consideration.
SUGGESTED MOTION:
The Board should discuss the items being requested and determine which items to approve in which case the
motion would be:
Move to approve ARPA spending for the following items: (then list the items)
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022 6:35pm
ATTACHMENTS:
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Additional ARPA
7-19-22
DPW:
• Electronic Sign Boards
• Parklet
Economic Development:
1) Store Fa�ade Improvement Design Guidelines(East Lexington, Bedford Street, &Center): $100,000
The Select Board provided the Economic Development office with $100,000 for Store Fa�ade
improvements for East Lexington businesses. However, after several walk-throughs and meetings with
business owners and property owners,we understand that is may be beneficial for the Town to create
Design Guidelines for Store Fa�ade improvements before providing funding for such improvements. The
guidelines would include recommendations for businesses abutting the bike path, including dumpster
management and an access improvement plan as well as provide a much needed update to the Sign
Bylaw to help with the challenging signage approval process.
2) Economic development impact study for the Visitors Center/Tourism: $75,000
Concord, Lexington, and Arlington received a Technical Assistance Program grant (TAP)through MAPC
to study the economic impacts of tourism and establish collection and management strategies to
support inter-municipal collaboration and ongoing tracking of these impacts.The outcomes and some of
the tools that were created as part of this study are below.To complete this strategic research on
Tourism's impact on Lexington's economy a study similar to If;.��_n��mn���.._II_rm�.��_�.t._�.�._Airlii_�n.���rinBs �Iflh��ltir�s
would help the town create a sustainable roadmap for Tourism programs and services for Lexington.
MAPC Tools:
• Story Map Presentation:�'' Regional Tourism Story Map Presentation Partner Check-in 5-13-
2022.pptx
• Link to impact/market analysis document:�}' market analysis
• Link to regional data strategy document: ����n`,�" re�ional data strate�v
• Web map link: u.m_�.�,containing regional tourism and historical assets, updated BRSB inventory,
business hotspots, cultural district boundaries etc.
• Social Pinpoint example we used -
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3) EAST Lexington Bike Path Landscape Improvements: $400,000
a. Lexington/Arlington Line to Lexington Toyota or Great Harvest?
b. Wetland delineation
c. Surveying
d. Permitting/Communication
i. Conservation Commission
ii. MBTA
iii. DPW
iv. Property Owners/Business Owners
v. Bike Advisory Committee
e. Design
i. Landscaping Plans
ii. Formalize Paths to businesses
f. Implementation
i. Invasive Species Removal
ii. Plantings (Native plants)
iii. Paths
iv. Seating(Identify outdoor dining locations and bench/rest area/bike node location)
v. ADA improvements to Mill Pond Park/Bow Street Park?
g. Operations and Maintenance
i. 3 years of invasive species removal
ii. Guide for ongoing maintenance
Recreation and Communitv Pro�rams:
1. Outside shelters for programming-$75,000—Cost and installation have increased since last year,
locations include the Community Center. (This is an additional amount being requested)
2. Grants for programs similar to small business grants in town to provide the opportunity to access
funds for financial aid,sustainability and/or to maintain affordable fees for services-$10,000.
3. Broadband infrastructure to pool, reservoir and Lincoln Field -$225,000.
4. Replace fabric furniture-$75,000—the current furniture is over 7 years old, ripped and dirty. PIR
was not included in the current budget and funding for reupholstering is not in the Recreation or
Public Facilities budgets. This furniture is in the drop in/free areas.
5. Replace carpeting—Amount to be determined— In common areas, hallways, rooms, etc., current
carpeting is over 7 years old.
6. Water Fountains-$20,000 at community parks(Center& Lincoln)
7. Benches and Storage Sheds-$40,000—at community parks (Center& Lincoln)
8. Basketball Hoops (7) -$10,500—New basketball hoops that are adjustable for height for all ages and
abilities.
250th Committee:
1. Website and promotion—Shields PR-$40,000 for the 250t"Committee promotion
2. Penny imprint machine-$7,000—to print commemorative 250t"celebration pennies (Imprints)
Human Services:
1. Lexpress Buses for FY24-28+$827,562 (or whatever portion may not get funded by MassDOT)
Lexpress bus contract ends at the end of June 30, 2023. If we purchase our vehicles outright,then
our hourly cost for service will be less the cost of the vehicles. While we have submitted a grant
application to MassDOT for six vehicles and will know in the fall 2022 if any of those are granted, if
all or some of the vehicles are not granted,we could use ARPA funds for this. (We could also use
ARPA funds for the overall cost of operations,too. Concord is doing that.)
Public transit falls into one or more of the following categories:
• Public Health (the CDC considers public transit important for public health)
• Address the negative economic impacts brought by the pandemic (better public transit can help
those who are most transit dependent who have been hit hardest by COVID and better transit
can also help people get to jobs,which is especially important)
• Replace lost public sector revenue
The estimated cost of the vehicles we have applied for through MassDOT is $137,927 each or
$827,562 for six.They are ADA compliant, would be low-floor and we would get digital signage for
the vehicles and bike racl<s.With six vehicles, we could increase some routes to every 30 minutes,
and use the remaining vehicles for on-demand transportation (for those unable to get to a fixed
route) and back up.
2. Bike Racks for Lex Center, East Lex, etc. $7,200- Economic Development requested $7,200 for bike
racks and this request was removed from the list. Bil<e riding is important for public health for
people of all ages. For some people,with limited transit, it could be their best way to get around.
Additionally, businesses are asking for bike racl<s.Their customers are asl<ing for bike racks. It has
been proven that communities that are pedestrian and bike friendly are good for business.
Additionally, having less bikes stolen means the police can work on more important issues.
The businesses of East Lex have been asking for support. We have very popular destinations that
people arrive by bil<e to (Wicked Bagel, MA France, etc.) but there are no bil<e racks. If we are going
to further promote these businesses along the bikeway, we need bike racks!
• Supports Public Health
• Addresses negative economic impacts
3. Funds to start-up a BlueBikes bike share program $263,000—Human Services requested this project
be included in the Transportation Bond Bill, however, given that those funds may not come through,
we suggest that ARPA funds be used if necessary.
Having a bike share would support public health and address negative economic impacts by drawing
people from the broader BlueBikes network into Lexington to take advantage of our businesses and
cultural resources. It can also be an alternative for employees to get to/from work or Alewife.
• $34,600 per docl<w/15 stations &5 docks are recommended,which totals$173,000
• $1,200 per bike w/75 bikes need (15*5),which totals$90,000
• There is an expected ongoing annual operating cost of$49,500,which is not included in the
$263,000
o Supports public health
o Addressed negative economic impacts
4. Uber/Lyft gift cards for local businesses (or a concierge account) or taxi funding for workers for
Lexington businesses$46,000 (or less depending on outcome of MassDev grant)—Human Services
has applied for a taxi grant from Mass Development that would fund rides for medical
transportation to relieve FISH which is often oversubscribed and also provide workforce rides and
other essential transportation when transit is not an option.We will find out in the fall if this is
awarded or not. If not, or if not funded fully,we request ARPA funds. For workers,this would be to
get them to transit hubs, such as Alewife on days or at hours when the MBTA buses are not running.
• Supports public health (as transportation is a public health issue)
• Addresses negative economic impacts (for businesses and their employees who are very likely
low wage worl<ers hit hard by COVID)
5. Welcome to Lexington Packets(just a rough idea!) No cost estimate as of now. (Something like this
would really need to come from Economic Development)
For new residents. It would include gift cards to introduce them to local businesses and a message
of shop local. (And, it could also include transit info and other key things we want newcomers to
know to promote public health and economic development). The gift cards would directly support
businesses.
Human Services does not have a cost on this. It would take staff time to create such packets, or
could possibly contract out. Human Services would need to develop a rough estimate of how many
new people move to Lexington each year to get good numbers for a budget.
• Addresses negative economic impacts (for businesses)
• Possibly supports public health depending on what we include in the pacl<ets
Town Clerk
Early Voting by Mail has been reinstituted for all future elections.
The Town Clerk's Office attended a presentation from a vendor who is on the Commonwealth vendor
list, who uses "OFF 39"to offer a special printer which would be helpful in our mailing of the ballots as it
can preprint envelopes/postcards/etc.
As this is an unfunded mandate by the State, and supports those who are unable/unwilling to visit the
polls due to possible COVID exposure risks,The Town Clerk has requested possible ARPA funding that
might be available to purchase or lease this equipment. The purchase price is$121<with $1,800
equipment maintenance after the first year.
IT
IT is seeking to use ARPA funding for a 2-3 Dell 86 4K Interactive Touch Monitor-C8621QT � Dell USA
The plan is to definitely get one in the Parker Room.Another one to go in either the Hudson Room or
Robbins. Vince from Facilities is assisting Timon this project and they believe this would very useful for
Hybrid meetings and to reinvent those spaces. Still worl<ing on the pricing but the estimated cost is
approximately$20k for 2 of these.
Town Manager
1. 215T Century Select Board Meetin� Room—The technology,furnishings and lool<of the Select
Board's meeting room is functional obsolete. I am proposing (1) a facelift for the Select Board
meeting room which would include new wall surfaces, a new desk(designed to fit the room and
meet the needs of 5 Select Board members, a Town Manager, Deputy Town Manager, Clerk to the
Select Board and presenters; and (2)that the technology in the room be completely replaced with
the best hybrid/meeting technology that we can install. We have been using"owls"which have
worked as an interim solution, but a permanent solution should be developed as well as the
remaining A/V equipment in the room being upgraded to provide a long-term solution. While the
Town Office Building is on the list of buildings that are recommended for renovation and
improvements, realistically, it likely won't happen until the high school project, Central Office
Building and E. Lexington Fire Station are completed, or some time in the early 2030's. Therefore,
the investment would not be wasted and would improve the functionality of the room used by the
Select Board and other Boards/Committees and Commissions. We do not have an exact estimate,
but the assumption is that renovations of the room would be approximately$100,000;technology
$100,000 and furnishings$50,000 for a total of$250,000. I would also recommend that we engage
an architect and technology consultant and would estimate an additional $50,000 for their services.
2. First Floor Info Screen/Photos—Across from the Town Clerk's Office there is a very dated photo
"montage"from some time around the late 1970's to early 1980's (gaged upon the short shorts in
the basketball photo). These photos are dated and not able to be updated. I am recommending
that this be removed,the wall repaired and a large screen monitor be installed that would be
controlled by a computer that would be able to provide information and current photos that would
be easily updated to reflect the current community. I've estimated $10,000 for this cost, but
assume it will be under$5,000 (depending on the condition of the wall behind the current unit and
the cost to repair/repaint).
Fire Department:
1. Through the Capital Plan,the Town approved a new Fire Pumper Truck at$650,000,which was to
include the new truck+new fire hose for the truck. Due to the inflationary impact,the price is now
$732,882 for just the truck(see fire hose below). From time of order to time of delivery, it is now
estimated to be 540 days to complete. Based upon this,the Fire Chief has requested $82,882 from
ARPA to fund the difference due to the inflation increase.
2. Fire Hose—Related to the new Fire Pumper Truck,the new fire hose is not included in the purchase
price and will cost an additional $18,109 (was$16,463 at the time the cost for the truck was
obtained). Given the practice of updating the fire hose when new trucks are purchased,the Fire
Chief has requested the additional funding of$18,109 to order new fire hose to go on the new Fire
Pumper Truck.
3. ATV Ambulance—Currently the Town has one 20-year old ATV that is used for all off road uses and it
is not reliable and does not meet all of the Department's needs. The Fire Chief is requesting
$93,876 to purchase a new ATV to be used as an Ambulance/ATV for areas off road where a
traditional ambulance is not able to reach. There is currently a 200 day estimated time from order
to delivery.
4. ATV Forestry—As stated above,the Town has one 20-year old ATV that has been used for various
purposes. The proposal from the Fire Chief includes one ATV specific for ambulance uses and a
second ATV that could be used for forestry purposes (which would have different equipment on it).
The Fire Chief is requesting$60,562 to purchase a new ATV that would be used a Forestry/ATV for
areas off road that fire trucks are not able to reach. There is currently a 200 day estimated time
from order to delivery.
5. Ambulance—Next year is the normal schedule to order a new ambulance and the Town does have
$250,000 coming from the Waterstone Development MOA to partially fund a new ambulance. The
price of ambulances has gone from approximately$320,000 to$400,000 over the past year. The
time period from order date to delivery date for an ambulance to be built is now 540 days
(approximately 18 months)which is about twice the previous period. To basically stay on schedule,
the Town would need to order an ambulance soon and the Fire Chief is requesting funding through
ARPA to order an ambulance now.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discussion on Special Town Meeting Warrants
ITEM
PRESENTER NUMBER:
Board Discussion
I.4
SUMMARY:
In the past few years, Board members have commented on whether Fall Special Town Meeting should be
limited to articles that are necessary for operations for the fiscal year or have an tune sensitive requirement to be
on a Fall Special Town Meeting. Attached is a history of the past several years Annual Town Meeting(which
includes any Special Town Meeting held during the Annual Town Meeting) and Fall Town Meeting(s)be total
articles. This is generally for the Board to ha�e a discussion on whether all articles should be allowed onto the
Fall Special Town Meeting or whether articles should be scheduled for the Annual Town Meetuig. Attached
also is MGL Ch. 39, Sec. 10 which is the statute that authorizes the Select Board to determine what goes onto
a Town Meeting warrant(with the exception of petitioned articles).
SUGGESTED MOTION:
No specific vote is required, but a consensus of the Board so that staff has direction that can be shared with
the Senior Management Team, Boards and Committees in preparation for the Fall Special Town Meeting.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022 6:SSpm
ATTACHMENTS:
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Part I ADMINISTRATION OF THE GOVERNMENT
Title VII cIT1Es, Towlvs aN� �IST�cTs
Chapter MUNICIPAL GOVERNMENT
39
SeCt1011 lO WARRANT; ISSUANCE; CONTENTS
Section 10. Every town meeting or town election, except as hereinafter provided,
shall be called in pursuance of a warrant, under the hands of the selectmen, notice
of which shall be given at least seven days before the annual meeting or an
annual or special election and at least fourteen days before any special town
meeting. The warrant shall be directed to the constables or to some other persons,
who shall forthwith give notice of such meeting in the manner prescribed by the
by-laws, or, if there are no by-laws, by a vote of the town, or in a manner
approved by the attorney general. The warrant for all town meetings shall state
the time and place of holding the meeting and the subj ects to be acted upon
thereat. The town meeting may be held in one or more places; provided, that if it
is held in more than one place, the places are connected by means of a public
address system and loud speakers so that the proceedings in all such places may
be heard and participated in by all the voters present therein. Whenever the
moderator determines that voters are being excluded from the town meeting
because there is no room for them in the places provided or that voters in
attendance are being deprived of the opportunity to participate therein for any
reason whatsoever, he shall either, on his own motion recess the meeting for any
period during the day of the meeting or, after consultation with the members of
the board of selectmen then present, adjourn the same to another date, not later
than fourteen days following the date of said meeting, when places and facilities
sufficient to accommodate all voters attending and to enable them to participate
therein shall be available. The selectmen shall insert in the warrant for the annual
meeting all subj ects the insertion of which shall be requested of them in writing
by ten or more registered voters of the town and in the warrant for every special
town meeting all subj ects the insertion of which shall be requested of them in
writing by one hundred registered voters or by ten per cent of the total number of
registered voters of the town whichever number is the lesser. The selectmen shall
call a special town meeting upon request in writing, of two hundred registered
voters or of twenty per cent of the total number of registered voters of the town,
whichever number is the lesser; such meeting to be held not later than forty-five
days after the receipt of such request, and shall insert in the warrant therefor all
subjects the insertion of which shall be requested by said petition. No action shall
be valid unless the subject matter thereof is contained in the warrant. Two or
more distinct town meetings for distinct purposes may be called by the same
warrant.
The written requests of registered voters for the insertion of subj ects in town
meeting warrants shall not be valid unless the required number of registered
voters not only sign their names but also state their residence, with street and
number, if any. The selectmen shall submit such written requests to the board of
registrars of voters or the board of election commissioners who shall check and
forthwith certify the number of signatures so checked which are names of voters
in the town, and only names so checked and certified shall be counted. A greater
number of names than are required in each case need not be certified.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update from Semiquincentennial Commission(Le�50) & Request for Funding
PRESENTER: ITEM
Mona Roy, Vice-Chair of the NUMBER:
Semiquincentennial Commission
(Lex250) I.5
SUMMARY:
Mona Roy, Vice-Chair of the Semiquincentennia1 Commission (Lex250), will present an update on the
Commission, as well as identifying future goals and planning for Le�50 events.
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022 7:25pm
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on Proposed LexSeeHer Monument and Location
PRESENTER: ITEM
NUMSER:
Jessie Steigerwald, LexSeeHer;
Meredith Bergmann,Artist L6
SUMMARY:
Jessie Steigerwald will present the LexSeeHer request seelcing appi•oval from the Select Board for the
proposed monument design named "Something is Being Done" and its placement.
SUGGESTED MOTION:
Move to (approve/not approve)the design of the monument named "Something is Being Done" as proposed.
Move to (approve/not approve)proposed location, identified site 15, located on Town-owned land at 1875
Massachusetts Avenue for placement of"Something is Being Done" monument.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/25/2022 7:40pm
ATTACHMENTS:
Description Type
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APRil19"'
�FX I N(iTn�
Victoria Buckley, Chair
To: Select Board
From:Commission on Disability
Date: July 20, 2022
RE: LexSeeHer
Please be advised of the following vote taken at the meeting of The Commission
on Disability held on July19, 2022:
"After reviewing feedback from other Town committees, we have reviewed other
proposed sites for the LexSeeHer monument and continue to support our initial
recommendation of Site 15."
Voted 5-0 in favor, unanimous with Commission quorum present.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
FINAL REPORT TO LEXINGTON SELECT BOARD
From the
Monuments and Memorials Committee
Regarding
LexSeeHer Proposed Monument
"Something is Being Done!"
Linda J. Dixon, Chair
June 30, 2022
1
Monuments & Memorials Committee
TO: Members of the Select Board, Town of Lexington
FROM: Linda J. Dixon, Chair, Monuments and Memorials Committee
DATE: June 30, 2022
SUBJECT: Recommendation for Disapproval of Proposed Site of LexSeeHer
Monument
Dear Select Board Members,
On behalf of the Monuments and Memorials Committee, I submit our final report on the
LexSeeHer proposed monument, "Something Is Being Done!" for your review and
consideration.
The Monuments and Memorials Committee and LexSeeHer have been in continuous
communication for the last 12 months. LexSeeHer met with our committee six times in formal
session and were granted approximately nine hours of agenda time for presentations and
discussion. We had two site visits together, one early in the process to inspect multiple possible
sites (with emphasis on the preferred site), and one at the end, after the M&M Committee voted
not to approve the preferred site.
LexSeeHer kept the M&M Committee apprised of their progress through regular, in-depth slide
presentations and written reports, including
• A 52-page introductory slide presentation
• A 60-page slide presentation focusing on site selection and design
• A 90-page written report personally delivered to each member
• A report/update at each meeting
This report is our attempt to provide a clear and concise summary of the proposal, the process,
and the outcome of the committee's work over the past year.
Respectfully,
The Monuments & Memorials Committee
Linda J. Dixon, Chair
Glen Bassett Bebe Fallick Chuck French George Gamota
Charles Price Danjun Pu
2
EXECUTIVE SUMMARY
Recommendation
(1) that the concept and design for the proposed "Something is Being Done" monument
be approved; (2)that an appropriate site be selected on which to place the proposed
monument, as the proposed site is not considered appropriate by this committee.
LexSeeHer was formed in March 2020, inspired by the 100t" anniversary of the passage of the
19`"Amendment that gave women the right to vote, and the "Bold Women of Lexington" exhibit
at Buckman Tavern. They spearheaded the passage of a "Resolution for Establishment of a
Monument" at a Special Town Meeting on October 20, 2020. They launched a comprehensive
campaign to educate the community, promote the women's monument, attract donors, identify
women in Lexington's history worthy of commemoration, consider the most feasible sites, and
plan the monument's design.
Starting in June 2021, LexSeeHer was a regular guest at M&M Committee meetings. From the
outset, they identified their preferred location on the Visitors Center lawn, known as Site 15 on a
Town map, in the Battle Green Master Plan area. LexSeeHer selected artist Meredith Bergmann
in November 2021 and changed their original monument design from one to three figures on
pedestals to a gate that could display up to 20 figures. They held a sculpture rehearsal on Site
15 with a mock-up of the proposed gate. They established a partnership with the Lexington
Historical Society to serve as the keeper of their funds as they were not yet incorporated.
At each meeting, LexSeeHer refined their design and fine-tuned their budget. As of April 2022,
the estimated budget was $331,000, including donations to maintenance and contingency
funds. Fundraising kept pace with more than $261,000 in hand.
On February 3, 2022, LexSeeHer received a Certificate of Appropriateness from the Historic
Districts Commission after agreeing to rotate the monument approximately 45 degrees. On
March 31, 2022, by a vote of 4-2, the Tourism Committee passed a motion not to approve the
proposed site, while supporting the concept of a monument to honor the contributions of
women.
On April 7, 2022, with two members recusing themselves, the Monuments and Memorials
Committee took two votes, one on the monument design and one on the proposed site. By a
vote of 6-0, the Committee approved the concept, design, and timeliness of the proposed
monument. On the second vote, the Committee voted 6-0 that Site 15 was not an appropriate
site. The Committee urged LexSeeHer to join an informal working group to try to reach
consensus on an alternative site. A walking tour was conducted on April 14, 2022. On May 16,
2022, LexSeeHer informed the M&M Committee of their decision to seek Select Board approval
for Site 15.
3
SECTION 1
CONCEPT AND DESIGN
Description
LexSeeHer proposes to install a 16' wide x 10'3' tall bronze sculpture in the form of a gate or
triumphal arch, with an additional 2'3" central arch that brings the central height to 12'6". Overall
depth is about 4". The gate will be installed on a circular granite base or plaza 28' in diameter and
615 square feet in total area, with four ADA compliant curved granite benches.
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Concept Sketch for"Something is Being Done"— North Side, by Meredith Bergmann
The base is designed to resemble a spinning wheel, to commemorate the Spinning Protest led by
Anna Harrington on the Green in 1769. The bronze will be undergirded by a steel framework and
sunk into the ground to provide strength and support.
The sculpture consists of two 6' by 4" panels with a 4' arched opening between them. Each panel
will depict five noteworthy Lexington women on one side, and five different women on the opposite
side, back-to-back, sculpted in bas relief. In all, 17 actual women from the 18th, 19`n 20`n and 21St
centuries will be depicted, along with decorative animals, flowers, symbols, and several
representational female figures.
4
The sculpture is named "Something is Being Done!" in reference to Abigail Harrington's cry on
April 19, 1775, "the Reg'lars are coming, and something must be done!"
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Concept Sketch for"Something is Being Done"—South Side, by Meredith Bergmann
Artist Selection
LexSeeHer put out a Call to Artists in the spring of 2021. They selected three finalists in July,
and in late October, they chose Meredith Bergmann as the artist to bring their design to life (see
�nr...................1�_�ir��ii:�l���ircgirrr��irn�„��im� for biographical information). After discussions with Ms.
Bergmann, they changed their original idea of three slightly larger-than-life female figures on
three pedestals to their current gate/triumphal arch design. The early gate design featured fewer
Lexington women but"additional honorees have been included in a collaborative effort as Ms.
Bergmann agreed to expand the number of representations in the work."
5
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Ms. Bergman will use this form of bas relief sculpture to bring out detail
and depth in a panel 4" in depth.
Sculpture Rehearsal
In November 2021, LexSeeHer hosted a Sculpture Rehearsal on their proposed site. Artist
Meredith Bergmann installed a foam core mock-up of the gate on a cloth parachute base to
simulate the 24' diameter granite plaza. They invited members, donors, residents, town officials,
members of relevant committees and others to get a feel for the monument, its scale, and its
relation to the site. After considering all the feedback they received from this event along with
their own reactions, they made several design modifications.
6
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7
Design Modifications
LexSeeHer met frequently with the Commission on Disability and relied heavily on their input on
design decisions. The Commission unanimously approved enlarging the circular granite plaza
from 24' diameter to 28' diameter, or from 452 square feet to 615 square feet. Upon
Commission feedback, they changed the basketweave pattern (visually noisy and distracting) to
a design with larger 4' granite pavers, enhancing the spinning wheel design. They also changed
the granite resting places from straight to curved, adding aesthetic appeal and maximizing
space for movement.
The Women Selected to Appear in the Proposed Monument
The purpose of"Something is Being Done!" is to honor women over time. The proposed gate
contains likenesses of 17 actual Lexington women from the 1700's, 1800's, 1900's, and 2000's,
along with four female representational figures. The Lexington women who will appear on the
proposed gate as proposed are:
North Side
1700's Anna Harrington hosted a spinning match on the Green in 1769
attended by 45 women to protest and boycott imported British textiles.
Phebe Banister Burdoo, a free Black woman whose son, Eli, served under
Captain Parker in 1775. A Mother of the Revolution.
1800's Julia Robbins Barrett was an artist, abolitionist, and suffragist who had a
business career as a carpet designer at a Lowell textile factory. Her extensive
correspondence and diaries provide insight into women's lives in this period.
Ellen Adelia Stone, niece of Julia Robbins Barrett, is depicted as a young girl on
the sculpture. An abolitionist and suffragist, she earned a law degree and was
the first woman elected to the School Committee.
1900's Marjery Milne Battin was Lexington's first female Town Moderator, a position
she held for 22 years. A Selectman for 12 years, she chaired the committee that
established Lexington's current Select Board/Town Manager form of government.
Cecilia Payne-Gaposchkin was the most esteemed female astronomer of her
time. She is most well-known for discovering that the Sun is comprised of
hydrogen and helium. She was the first woman appointed as full Professor at
Harvard University.
8
2000's Sylvia Ferrell-Jones, graduate of Yale Law School, spent her professional
career advocating for gender and racial equality in the non-profit area. She
received the Race Amity Medal of Honor for her work to advance racial justice
and gender equity.
Janet Reeve Haas, musician and educator, taught in the Lexington schools for
31 years, instilling a lifelong love of music in her many students. She performed
in two orchestras, and her students carry on her work as performers, teachers,
and music lovers.
Representa-
Enslaved Mother with Child symbolizes not only that enslaved women's unpaid
tional labor enriched white families and society, but also that their children were often
Figures taken away and sold as property.
Storyteller and Lifelong Learner teaches us that contemporary women and
girls continue to learn about the past and to find ways to build a better future,
passing along leadership skills and sharing knowledge.
Youth Advocate for Women's Rights—The same quest for liberty, equality,
and justice that motivated Lexington women in the 18t" century continues to bring
women into active roles today. Women, teens, and girls continue the "Something
Must Be Done" spirit.
South Side
1700's Abigail Harrington, on the morning of April 19, 1775, famously declared, "The
reg'lars are coming and something must be done". Her husband and son were on
the Green while she led their younger children to safety as the Battle of
Lexington commenced.
Margaret Tulip was born into slavery, brought to Lexington as an infant,
emancipated as an adult, and later kidnapped and re-enslaved. In 1768 she sued
in the courts to regain her freedom and won.
Ruth Buckman ran Buckman Tavern in 1775 alongside her husband. Although
she had inherited the tavern, women were not allowed to own property, so her
husband assumed ownership. She witnessed the Battle of Lexington and likely
tended to the wounded.
9
1 S00's Eliza Cabot Follen, Abolitionist and Author, blended the power of women's voice
and the power of the pen. Saying "abolition is women's work", she encouraged
Lexington women to become activists. She wrote the children's story "Three Little
Kittens."
Mary Elizabeth Miles Bibb Cary was the first African American woman to
graduate from the Normal School in Lexington. Following the passage of the
Fugitive Slave Act of 1850, Mary and her husband moved to Canada where they
published The Voice of the Fugitive.
1900's Ruth Morey was the first woman to be elected to the Board of"Selectmen" in
1956 and to Chair of the Board in 1960. Ruth represents the women who are first
to accomplish something and has inspired many other women and girls to break
glass ceilings.
Caroline Wellington, Executive Committee member of the Lexington Women's
Suffrage League, worked for 30 years before passage of the 19`h Amendment.
She helped create the banner, "Something Must Be Done" carried in the
Washington, D.C. Women's March.
Peggy Kimball was an accomplished aviator during the 1930's. She was the 2nd
woman to earn a "non-scheduled instrument rating" and the 4t" American woman
to win a "C" rating in gliders. Her pilot's license was revoked in 1940 because she
was pregnant.
Sarah Pillsbury Harkness co-founded The Architects Collaborative, a modernist
architectural firm that reflected her values of accessible design and sustainable
practices. Several Lexington neighborhoods reflect TAC's architectural approach.
Representa- Tea Burner— Despite being unable to own property, vote, run for, or serve in
tional office, women exercised political and economic power. Women were
Figures instrumental in sustaining boycotts and were believed to have joined the 1773
Lexington Tea Burning Protest.
10
Selection Process for ldentifying Women Who Would Appear in the
Proposed Monument
LexSeeHer arrived at their final list of honorees to appear in the monument through a multi-step
process from Fall 2020 to Winter 2021. Steps included:
• Automatically nominating all women included in Lexington Historical Society's exhibit
"Something Must Be Done: Bold Women of Lexington".
• Inviting the Lexington community to submit nominations.
• Inviting the Lexington Girl Scouts to collaborate and assist.
• Generating their own nominations, including from a research committee staffed by
members with academic credentials.
A three-person nominating committee reviewed all submissions and presented nominees to the
LexSeeHer Steering Committee, who made the final decisions. LexSeeHer presented the list of
honorees to the Monuments and Memorials Committee in December 2021.
Discussion on Selection Process
Each meeting with LexSeeHer included discussion about the selection process and the final
selections for the monument. The Monuments and Memorials Committee expressed concern
over both the selection process and the final list of honorees. Several members felt that the
selection process was not done using academic/scholastic standards appropriate for identifying
women of national prominence or recognition. There were no women from the World War I or
World War II periods, although more than 60 Lexington women served with bravery and
distinction in the war effort. LexSeeHer, they felt, depended too much on community votes
and not enough on their own serious, academic, in-depth research.
There were concerns expressed that some of the honorees from the 20t" and 21 st centuries did
not rise to the level of inerit as earlier honorees. LexSeeHer wanted to focus on women who
had achieved "firsts", but some Committee members wondered whether, in the totality of
Lexington women achievers, there were other achievers more deserving of this honor. In
rebuttal, artist Meredith Bergman offered that not enough time has passed for posterity to
appreciate fully the contributions of these modern women.
11
SECTION 2
PROPOSED LOCATION
After an unsuccessful exploration of the Cary Memorial Library and examination of several other
sites, LexSeeHer chose as their ideal site a triangular section of the Visitors Center lawn, near
the corner of Massachusetts Avenue and Meriam Street, known as Site 15 on a Town Map. Site
15, shown in the photo below, is included in the Battle Green Master Plan.
Part of their exploration process was a site visit with the Monuments and Memorials Committee
in May 2021, where LexSeeHer leaders summarized the pros and cons of various sites under
consideration and M&M members had an opportunity to offer feedback and comment.
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LexSeeHer described their proposed monument as a "site specific work of public art" and
indeed, in their Call to Artists, directed the applicants to design their proposed works to fit this
specific site.
12
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Aware that they did not have formal permission to place a monument on this site, LexSeeHer
conducted many informal meetings with members of the Select Board and certain Town
committees with an interest in the project, i.e., the Historic Districts Commission, the Tourism
Committee, and the Monuments and Memorials Committee. They were told repeatedly that
blanket permission for a vacant site would not be given; LexSeeHer would need to submit a
completed project design, project plan, budget, and fundraising plan before serious
conversations could begin.
In addition to selecting an artist, rethinking their design, and raising funds, LexSeeHer also
launched a comprehensive public relations/public education campaign to create support for the
monument. They sought and received endorsements from numerous Town committees, civic
and non-profit groups, and individuals (see Section 6).
Discussion/Concerns on Proposed Site
No "Plan B"
LexSeeHer and the M&M Committee discussed the proposed site at virtually every committee
meeting. The Committee cautioned LexSeeHer about the risk of"putting all one's eggs in one
basket" by choosing a single site and urged them to consider other sites in case this one didn't
work out. LexSeeHer felt that no other site would do.
13
The Battle Green Master Plan
The proposed Site 15 is located within the Battle Green Master Plan (BGMP) area. The Battle
Green Master Plan incorporates Belfry Hill, Ye Olde Burying Ground, the Buckman Tavern, the
Visitor Center and the streets bordering the Green as part of the Battle Green area.
The Battle Green Master Plan was a subject of considerable disagreement between the M&M
Committee and LexSeeHer. The introduction to the Plan, approved on March 14, 2011, reads
as follows:
The Battle Green Area is a complex landscape fabric of open space, buildings, graves,
monuments, signs, streets, site furnishings, vegetation and archaeological resources
shaped by our cultural values over three centuries. It serves as town Common and
National Landmark, and as such, responds to the daily lives of Lexingtonians and the
singular visits of people from around the world.
M&M Committee members in general supported the concept of the Battle Green as National
Landmark, "one of our most important national shrines where American ideals and our definition
of freedom were created". Several members felt that the honorees from the 18`h and 19th century
were appropriate and followed the intent of the master plan; the proposed honorees from the
20`h and 21St century, however, were not consistent with the intent of the Master Plan.
LexSeeHer's viewpoint was that the plan was out of date, was no longer relevant, and did not
include any reference to women. They reported that the Town has begun to take actions to deal
with racial and gender disparities and to "reflect today's community values of inclusion". "A
decision to leave things as they are", they conclude, "would be a decision by Lexington's local
government to continue the status quo, and would embrace the exclusion of women."
Other Concerns
Another concern expressed by the committee was that the proposed site was too close
to the Minute Man Statue, a unique and treasured Town icon. Proximity to the Visitors
Center, recently completed after 11 years of planning and community input, was another
concern, that the monument could visually obstruct or compete with the Center. Other
matters discussed included the busyness of the site in terms of both foot and auto traffic,
and the negative effect on performances, fairs, and informal gatherings traditionally held
on the Visitors Center lawn. Some of these concerns were expressed in conversation
with LexSeeHer during the site visit in May 2021.
14
SECTION 3
FUNDRAISING, COST, AND BUDGET
Fundraising
Soon after its establishment in 2020, well before any monument designs were in hand,
LexSeeHer began planning a fundraising campaign. Currently, LexSeeHer is a 501(C)3 non-
profit charitable corporation; however, in 2020 they did not have this status and sought a
partnership with the Lexington Historical Society whereby the Society would collect and
maintain future donations toward their proposed monument. Executive Director Carol Ward and
LHS President Anne Lee sent periodic letters between December 2021 and June 2022
documenting funds collected. Anne Lee's letter, dated June 29, 2022, confirms more than
$260,000 in hand during the month of April 2022.
� � �
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�-I��tcar��c�al Sc��.i�ty
Hi.stmry•Eib<caEdoua�Gbnvnnrtn�ity
June 29, 2022
Linda Dixon
Monuments and Memorials Committee
In March 2021, Lexington Historical Society became fiscal sponsor for LexSeeHer. Funds
raised by LexSeeHer are held at Brookline Bank.
In Apri12022, both the beginning and ending balance for the month were the same:
$261,577.48. I have included the bank statement.
Please let me know if you have any further questions.
Kind regards,
Anne
--'"' �tn.,e.....c.._f�t�.��A.x. ...._
Anne W.Lee
V�:'�'°I.a ,�auA=t�l."C�
V a��� ir���,V��z��x➢➢�,l�;�z�i� il ",�,�,u�.°�a�9}�
P. O. Box 514• Lexington, Massachusetts 02420 • (781) 862-1703 •
c���&"n�:�.(u)�e��� ��rra��st�r��.a��,� •wwwlexingtonhistory.org
�� . _ _
15
90% Budget Negotiation and Motion
By February 2022, LexSeeHer had shown documentation of more than $250,000 raised toward
their project, which was 90% of the total budget cost at that time Qust under$280,000). The
soonest the project could be completed, if approved, would be 12 to 15 months and possibly
longer. The Committee felt that LexSeeHer had demonstrated its fundraising ability and could
likely raise the remainder of the projected project cost over this period. Select Board Liaison
Doug Lucente recommended, and the Committee agreed, that it was safe to accept a 90%
fundraising threshold at this time, provided that the Town's interests were protected. This was
accomplished with the caveat that, if sufficient funds have not been raised when LexSeeHer is
ready to apply for a building permit (if their project is approved), the Town will not issue a
building permit. The Committee adopted the following motion to this effect:
The Monuments and Memorials Committee adopts the policy that documented
achievement from the LexSeeHer Steering Committee of 90% of their fundraising
toward the cost of their proposed monument will be considered as having met the
Committee's cost/budget standard, regarding the Committee's deliberations and
reaching a final vote. No building permit will be issued until LexSeeHer has raised
100% of the monument cost plus the maintenance contribution and a contingency
fund. These matters will be negotiated by the Select Board.
-adopted February 3, 2022.
Cost and Budget
In their original Call to Artists, LexSeeHer instructed applicants to submit monument designs not
to exceed a budget of$200,000. They created an overall project budget of$270,000. At the
time of the Committee vote, after adding in more design refinements, a maintenance fund
contribution, an increased artist's fee, and a 10°/o contingency fund, LexSeeHer's total project
budget was $331,000. LexSeeHer managed their budget such that their funds raised always
met or exceeded the established 90% threshold.
The Project Budget is presented below. The $10,000 contribution to a Maintenance Fund was
negotiated with DPW Director David Pinsonneault and confirmed by email on January 3, 2022
(see email chain following). The payment of 10°/o of project cost to a Contingency Fund was
negotiated with members of the Select Board and will be managed by the Board.
Other maintenance issues remaining to be resolved
Lighting
As part of the Battle Green Master Plan, the Town is updating lighting plans for the area.
LexSeeHer lighting consultants will need to coordinate with the Town.
16
Snow Removal
DPW does not clear snow and ice from monuments in wintertime. Snow removal was not
included in the $10,000 maintenance fund.
Email Chain Confirming Maintenance Fund Contribution
From: David Pinsonneault <d�insonneaultC�lexingtonma.gov>
Subject: RE: Monument Maintenance Fund
Date: January 3, 2022 at 12:42:14 PM EST
To: "'leslie masson"' <leslie.m.masson@gmail.com>
Cc: Jessie Steigerwald <jess@shininghours.com>, Michelle MaiHuong Tran
<mhtran001 @yahoo.com>, Betty Gau <bettygau62@gmail.com>
Fif Leslfe,
Hope you are well. The$10,000 vuill be sufficient ta start the fund and I am okay with this. Thanks.
�ave
From: leslie masson [irrq��iill�� Il�b�;llu�� ir�r� ir�r���4���ab������irr���1_II_,��„ir�n]
Sent:Tuesday, December 28, 2021 4:58 PM
To: David Pinsonneault<a��uoir�b¢�ir�irh����u�„���„��¢&�liirn�s��nii�irm��� ����>
.. .... .
Cc:Jessie Steigerwald <�_�,a„�x�$lil�rio�o�n,�ll�„�,�a��# q_��„��°p>; Michelle MaiHuong Tran <�r�llr�_�,aauri���D�,(�����I��d���� ����>; Betty
Gau <�����.���u��.�,.���urr��.ii_� c��u��n>
Subject: Monument Maintenance Fund
Dear Dave,
Thank you for taking time to meet with us for a site visit December 9th. It was very helpful!
We are working to present updated information for next week's meeting at Monuments and
Memorials.
Are you comfortable signing off on our offer of$10,000.00 to start a maintenance fund for the new
monument? Linda would like us to present a proposal in the format that was used for the Lafayette
project. This includes having your"ok" on the maintenance fund. Slnce the installation date is more
than a year and a half away, we hope to allocate additional funds later. We hope this will be a strong
start and are happy to make this commitment right now.
Please see our proposal in the attached document, and let us know when you would like us to
transfer funds -we assume it would be after the Select Board takes a vote on whether they officially
approve the project, but let us know what is best. We could also work with Jim Malloy on that aspect,
if that is better.
- Leslie
17
Somefhing is Being Done Project Budget
As Presented to Monuments and Memorials Committee on April 7, 2022
Materials $ 3,000
Studio Assistants 20,000
Landscape architect for Town proposal 2,100
Mold making 17,409
Bronze Casting 70,750
Granite pavers 30,659
Granite for benches (resting places) 7,189
Inscriptions 3,000
Transportation of granite to site 1,730
Irrigation Relocation 1,000
Sculpture Rehearsal 3,000
Landscape Architect- Installation 7,500
Structural Engineer 5,500
Excavation, Foundation, Paths to Plaza Allowance 15,000
Granite Installer Estimate 7,000
Sculpture Installation Estimate 4,000
Site Restoration (reseeding) Per DPW 1,000
Lighting (consultant, fixtures, electrical) 12,000
Artist's Fee 80,000
Total Monument Cost $291,837
Project Completion Costs (if project approved)
Contribution to DPW Maintenance Fund 10,000
Contingency Fund (10% of Project Cost) 29,183
Total Project Cost $331,020
18
SECTION 4
APPROVAL FROM OTHER AGENCIES
Historic Districts Commission
Site 15 lies within the Battle Green Historic District. Since the LexSeeHer proposal involves
structural and architectural details, they must obtain a Certificate of Appropriateness from this
body.
LexSeeHer made overtures to the HDC in March and June 2021, but they did not present their
final design until December 2, 2021. They returned for another meeting on February 3, 2022, at
which time the HDC members were ready to issue a Certificate of Appropriateness (COA)
except for the concern that the position of the gate blocked the view of the Visitors Center. With
an agreement by LexSeeHer to rotate the gate to a mutually agreeable angle, the HDC issued
the COA on February 3, 2022 (see page 22).
On February 14, 2022, a working group from LexSeeHer and HDC met on Site 15 and
negotiated an approximately 45-degree axial rotation of the gate on roughly the same footprint.
LexSeeHer's landscape architect drew up a new site plan and sent it to the HDC.
On March 3, HDC Chair Paul O'Shaughnessy wrote to LexSeeHer reminding them that any new
design elements, such as landscaping or lighting, would require another visit to the HDC: " You
may inform others that you have this affirmative vote, but that I have advised you return to
ensure correct approval of any design features introduced since our original hearing."
Tourism Committee
The Monuments and Memorials Committee determined that the Tourism Committee played a
key role vis a vis the Battle Green Master Plan (BGMP). The M&M Committee established a
committee policy that all groups proposing a monument on land within the BGMP should meet
with the Tourism Committee, who would take a vote on their proposal. This meeting and vote
should occur before the M&M Committee took its final vote.
LexSeeHer pushed back against this policy. They insisted that, in a 2020 informal meeting with
the Town Manager and Select Board to ask what steps to follow, they were advised to meet with
the Historic Districts Commission and the M&M Committee—with no mention of the Tourism
Committee. They questioned the legitimacy of Tourism as part of this process and declared that
the Tourism Chair was biased against them. Nevertheless, while disagreeing with M&M
Committee policy, they complied.
19
LexSeeHer met with the Tourism Committee in October 2020 and again in July 2021. Chair
Dawn McKenna suggested East Lexington as a possible location, in particular the Stone
Building, currently undergoing community input for redevelopment. LexSeeHer wasn't
interested. They made a formal presentation supporting Site 15 in November. A scheduled
return meeting for February 2022 had to be canceled for lack of a quorum.
Tourism Committee— Formal Vote
On March 31, 2022, LexSeeHer met with the Tourism Committee for a formal vote on their
proposed monument. With six members present, by a vote of 4-2, the Committee passed the
following motion:
(I move that) The Tourism Committee generally supports the proposed
monument honoring Lexington Women who have made meaningful
contributions to the Town.
However, the Tourism Committee does not support locating the LexSeeHer
Monument within the approved Battle Green Master Plan area, including
the proposed location directly in front of the Visitors Center. The Battle
Green Master Plan states that it is "especially important to preserve the
open space between the Minute Man Statue and the Visitors Center."
The Tourism Committee would support the installation of the proposed
LexSeeHer Monument at Emery Park.
Tourism Committee— Informal Site Visit at Emery Park
On April 5, 2022, Dawn McKenna invited Chair Dixon and DPW Director Pinsonneault to
an informal walk-through of Emery Park for the purpose of identifying possible sites for a
LexSeeHer monument using the criteria of topography, slope, open space, underground
utilities and other impediments, pedestrian access, and visual relationship to the Depot
Building. They determined that several sites met these criteria.
20
Certificate of Appropriateness from Historic Districts Commission February 3, 2022
TOWN OF LEXINGTON M�-N�
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MA.SSACHUSETTS <o-� �A m
02420 `#� ��'
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LEX/N�SO4
HISTORIC DISTRICTS COJI��ISSION
CERTIFICATE OF APPROPRIATENESS
This certificate is issued pursuant to Chapter 447,Acts of Massachusetts, 1956,as amended,to
Town of Lexington,
with respect to exterior architectural changes at 1875 Massachusetts Avenue,
which is located within the Battle Green Historic District
The approved work shall be as follows:
Establish a public monument on the lawn area at 1875 Massachusetts Avenue,in front of the
visitors Center and Buckman Tavern.
• Monument:Bronze with internal structural steel reinforcement
• Plaza is Granite and 28'in diameter,615 sq.ft.
• Paveis:standard 3'thick
• Large square pavers:4'x 4'
• Inner and outer"rims"of spinning wheeL•curved pavers 12'x 3'
• Spokes of wheels:9'x 3'
• Top stufaces of resting places:approximately 18°x 6'each.
• Height of resting places: 18'(ADA compliant)
• Resting Areas:Granite
• Connector Path: Stone dust that matches the stone dust used by the Town
o The granite has been specitied to be Woodbury Gray,Swenson Gray,Slue Sky
Gray or fin�grained,light-to-mid-toned gray granite.
o The granite chosen will match the gray granite the Town has chosen for other
monuments in the area.
The work shall confoml to the information subinitted on February 3'd,2022 and be coinpleted to
the satisfaction of the Commission. After completion, the work shall, in the judgment of this
Commission,be inaintained in good repair.
This Certificate shall be void if it is not acted upon within one year from the date of this Certificate,
or if the work described is removed,abandoned,or replaced.
Please note that alterations and additions to the design presented on February 3rd, including
location,landscape,materials and/or the erection of signs require an additional hearing with HDC
prior to submission of plans to the Town of Lexington Building Department for issuance of a
Building Permit.
21
HISTORIC DISTRICTS COMMISSION
by:
Date:P'cbruary 3"',2022
Certificate Na HDC-22-1
. Chaiiperson,PAUL O'SHAUCHNESSY
22
SECTION 5
M&M COMMITTEE FORMAL VOTE AND SUBSEQUENT ACTIVITY
Committee Vote
At the Committee's regular meeting of April 7, 2022, Chair Dixon announced that two votes
would be taken: one vote on the monument itself, i.e., its concept, design, and timeliness; and
one vote on the proposed site. Two members, having announced their positions as donors and
supporters of the project early in the process, recused themselves from the discussion and vote.
Vote on the Monument
By a vote of 6-0, the Monuments and Memorials Committee passed the following motion:
The Monuments and Memorials Committee approves and recommends Select
Board approval of the construction of a monument to honor the women of
Lexington, entitled "Something is Being Done", as proposed by the LexSeeHer
Steering Committee on April 7, 2022. Determination of the site for the monument
will be taken up under a separate motion.
Vote on the Proposed Site
By a vote of 6-0, the Monuments and Memorials Committee passed the following motion:
The Monuments and Memorials Committee recommend to the Select Board
that, while the committee wholeheartedly approves of the purpose and design
of the proposed Something is Being Done monument, we do not recommend the
proposed location, having reviewed the proposal in depth and having received
input from all known stakeholder organizations for the monument, the Battle
Green, and the specific location proposed, per our charge from the Select Board.
Invitation to Form Working Group to Explore Alternative Sites
The Committee expressed its sincere wish to find an alternative site agreeable to all parties.
They asked LexSeeHer to consider joining a working group hosted by Selectman Doug Lucente
to examine other potential sites. LexSeeHer agreed to hold a conversation on the subject with
Selectman Lucente and Chair Dixon.
Michael Bergmann, husband of artist Meredith Bergmann and business manager for the project,
stated that negative decisions were a fact of life in their business, and in their many years dealing
with local, state, and federal governments, he and Meredith have experienced and successfully
worked through many of them. He was optimistic that the team could work with a change of site.
23
Site Visit
A site visit took place on April 14, 2022. Active participants included Selectman Doug Lucente,
M&M Committee Chair Linda Dixon, LexSeeHer Steering Committee Chair Jessie Steigerwald,
artist Meredith Bergman, business manager Michael Bergmann, and landscape architect Inge
Daniels. HDC Chair Paul O'Shaughnessy attended to provide pertinent HDC input. LexSeeHer
also invited a member of the Commission on Disability, along with several other LexSeeHer
Steering Committee members. The group spent more than two hours exploring sites at Emery
Park, the Battle Green near Buckman Tavern, and Fletcher Park. LexSeeHer agreed to study
the data, consult with members, donors, and other constituents, and let us know their decision.
LexSeeHer Decision on Alternative Site
On May 16, 2022, Chair Dixon received the following email from LexSeeHer:
Dear Linda,
We have taken a hard look at the alternate sites.
After a lot of feedback, and many site visits with supporters and stakeholders,
we have decided that to proceed to the Select Board with Site 15. We have
written to Jill, Doug, and Jim to request a meeting with them.
Thank you very much for the committee's time.
Sincerely,
Jessie, Betty, Leslie, Martha, Michelle
for LexSeeHer
Committee Approval of Final Report
Chair Dixon circulated her final report to M&M Committee members during the week of
June 26, 2022 for review and comment. On June 30, 2022, the committee met in formal
session, approved the report, and authorized the Chair to forward the report to the
Select Board.
24
SECTION 6
APPROVALS/ENDORSEMENTS FOR LEXSEEHER MONUMENT
Virtually all the organizations listed below approved or endorsed both the monument and the
site as proposed by LexSeeHer. The Lexington Historical Society, in their letter to the Select
Board of January 25, 2022, approved the monument design while stating, "The Society also
supports the placement of the monument in a prominent location in the center of town."
Organizations
Association of Black Citizens of Lexington
Commission on Disability
D.A.R. Lexington Chapter, Daughters of the American Revolution
CAAL Chinese American Association of Lexington
CALex
Design Advisory Committee
Indian American Association of Lexington - IAL
KOLex— Korean American Organization of Lexington
Lexington Arts and Crafts Society
Lexington Center Committee
Lexington Chamber of Commerce
Lexington Council for the Arts
Lexington Field and Garden Club
Lexington Historical Society
LexPride
Lextinas
Merriam Hill Association
New England Sculptors Association
Pilgrim Church Council
Community Support
More than 300 financial donors
Numerous endorsement letters from individual Lexington residents
Support petitions with more than 150 signatures
25