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2023-04-24 SB Packet - Released
SELECT BOARD MEETING Monday,April 24, 2023 Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation* 6:00 PM AGENDA CONSENT AGENDA 1. 2023 Limousine License Renewals LIMOUSINE • Boyadjian Limousine Service - 447 Lowell Street (2 vehicles) • D&O Limo - 3402 Main Campus Drive (1 vehicle) 2. Approve and Sign Proclamations • Asian American and Pacific I s land er(AAPI) Heritage Month • Mental Health Month • National Police Week/P eac e Officers Memorial Day • National Public Works Week 3. Application: Battle Green Permit- Town Celebrations Committee Memorial Day Ceremonies 4. Road Closures Request- Town Celebrations Committee for Memorial Day Parade • Massachusetts Avenue at Munroe Cemetery to Bedford Street • Bedford Street to Harrington Road • Harrington Road to Old Burying Ground ITEMS FOR INDIVIDUAL CONSIDERATION 1. Accept and Sign Easements - Kay Tiffany Way Definitive Subdivision, 109 Reed 6:05pm S treet 2. Presentation- Tree Canopy Study 6:15pm 3. 2023 Annual Town Meeting- Select Board Article Discussion and Positions 6:35pm ADJOURN 1. Anticipated Adjournment 7:00pm Meeting Packet:https:Hlexington.novusagenda.com/agendapubRc/ *Members of the public can attend the meeting from their computer or tablet by clicking on the following link at the time of the meeting: https://zoom.us/j/92482764382?pwd=SFFvYWo3MmVkODF laG5ETmNsRDVoZz09 iP ho ne one-tap: +13092053325„92482764382#1111*380743# US +13126266799„92482764382#,,,,*380743# US (Chicago) Telephone: +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 646 9313860 US +1 929 205 6099 US (New York) +1 301 715 8592 US (Washington DC) Meeting ID: 924 8276 4382 Passcode: 380743 An Act Relative to Extending Certain State of Emergency Ac c o mo datio ns:https://www.mass.gov/the-open-meeting-law The next scheduled meeting of the Select Board will be held on Wednesday,April 26, 2023 at 6:30pm via hybrid participation and prior to the start of Annual Town Meeting. Hearing Assistance Devices Available on Request All agenda time and the order of items are approximate and Ley6edil"a subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2023 Limousine License Renewals PRESENTER: ITEM NUMBER: Jill Hai, Select Board Chair C.1 SUMMARY: Category:Decision-Making The Select Board is being asked to approve the 2023 Annual Limousine License renewals. The Select Board Office is in receipt of all required documentation, favorable inspection reports from the Le�ngton Police Department and departmental reviews with sign-offs for the renewals of the following businesses holding a Limousine License: LIMOUSINE Boyadjian Limousine Service-447 Lowell Street(2 vehicles) D&O Limo LLC d/b/a D&O Limo - 3402 Main Campus Drive (1 vehicle) SUGGESTED MOTION: To approve the 2023 Annual Limousine License renewals for the following businesses: LIMOUSINE Boyadjian Limousine Service—447 Lowell Street(2 vehicles) D&O Limo LLC d/b/a D&O Limo— 3402 Main Campus Drive (1 vehicle) Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Approve and Sign Proclamations PRESENTER:TER• ITEM S NUMBER: Jill Hai, S elect Board Chair C.2 SUMMARY: Category:Decision-Making The Select Board is being asked to approve and sign proclamations for the following: • The Lexington Human Services Department and the Lexington Human Rights Committee are requesting that the Select Board approve and sign a proclamation annually recognizing the month of May as Asian American and Pacific Islander(AAPI) Heritage Month. • The Lexington Human Services Department and Lexington Human Rights Committee are requesting that the Select Board approve and sign a proclamation annually recognizing the month of May as Mental Health Month. Mental health is an important factor in every ind ividual's overall physical health and emotional well-being. The Town of Lexington strives to highlight the importance of mental health awareness by reducing stigma, providing support, educating the public, and advocating for equal care. • National Police Week is being celebrated this year from Sunday, May 14, 2023 through Saturday, May 20, 2023 and encourages all citizens to join in recognizing law enforcement officers. Peace Officers Memorial Day is celebrated Monday, May 15, 2023 in honor of law enforcement officers who have made the ultimate sacrifice in service to their community or have become d is ab led in the performance of duty. This request includes lowering the Battle Green flag on May 15, 2023. • The Select Board is being asked to approve and sign a proclamation for National Public Works Week, which is being recognized this year from Sunday, May 21, 2023 through Saturday, May 27, 2023. During this week, all citizens are encouraged to join in acknowledging the employees of the Lexington Department of Public Works for their hard work and dedication to the Town. SUGGESTED MOTION: To approve and sign proclamations annually recognizing the month of May as Mental Health Month and Asian American and Pacific I s land er(AAPI) Heritage Month. To approve and sign proclamations recognizing National Police Week from Sunday, May 14, 2023 through Saturday, May 20, 2023, with Peace Officers Memorial Day being recognized on Monday, May 15, 2023, and National Public Works Week from Sunday, May 21, 2023 through Saturday, May 27, 2023, and to further lower the Battle Green Flag from sunrise until sunset on Monday, May 15, 2023 in commemoration of Peace Officers Memorial Day. Move to approve the consent. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 ATTACHMENTS: Description Type E) 2023 As iari Arnericai.i.an Pacific Isla ri.d er( . I)1.leritage Moriffi. 13cackLIP Material 2023 National Police e-e]</Peace Officers M.ernorial Day Proc;larriation. Backup Material i 71 G` Eowu of lexiugtou, 1 .5�c55or�juorr� PLP SELECT BOARD OFFICE PROCLAMATION Whereas: Asian American and Pacific Islander(AAPI) Heritage Month is observed during the month of May to recognize the contributions and influence of AAPI persons as part of the whole history, culture, and achievements of the United States; and Whereas: AAPI Heritage in the United States was celebrated at least as early as 1978 and was made into a month-long event in 1992; and Whereas: Lexington is proud to be home to a large AAPI population that contributes greatly to the prosperity and enrichment of our community; and Whereas: during AAPI Heritage Month, we acknowledge AAPI persons have lived and worked in the United States for more than 200 years, and have made significant contributions to all facets of the United States such as economy, culture, education,politics, arts,law enforcement,military, literature, science, and technological developments despite institutional and systemic injustices designed to silence and cover up these achievements and contributions; and Whereas: during AAPI Heritage Month, we acknowledge the additional determination, hard work, and perseverance AAPI persons must put forth to be heard and seen and that these additional efforts are a result of inequitable institutional and systemic injustices; and Whereas: despite these contributions and leadership,the role of AAPI persons in the U.S. has been consistently overlooked and undervalued in education including areas such as math, science, literature, and American history; and Whereas: we celebrate the achievements and contributions of AAPI persons that enrich our history, society, and culture, we must also acknowledge a darker aspect of the AAPI experience in America,which includes painful stereotypes, structural discrimination, injustices, and periods of hate and violence. These actions come at the cost of the mental health of the AAPI community and distorts the larger community's ability to recognize the humanity in us all; and Whereas: the AAPI communities are among the fastest growing populations in Lexington; and Whereas: AAPI communities in Lexington have shared their rich culture and traditions while representing their communities through public service and advocacy; and Whereas: diversity represents one of our greatest strengths, and by recognizing the contributions and accomplishments of AAPI persons, our town will put our values of inclusion into practice to build a brighter future for all of our residents; and Whereas: Lexington is committed to providing comprehensive support to ensure that Lexington is equitable and welcoming to all people; and Whereas: each of us has a personal responsibility to prevent the spread of misinformation, stereotypes, condemn violent acts in any form, support all fellow community members, and reject stigma,hate, and bias in all its forms; and Whereas: Lexington is proud to celebrate AAPI Heritage Month, and commemorate the essential contributions, sacrifices, and accomplishments that the AAPI communities have made. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby proclaim the month of May to be annually recognized as AAPI Heritage Month in the Town of Lexington. We call this observance to the attention of all our residents with the support of the Lexington Human Services Department and the Lexington Human Rights Committee. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 241h of April 2023. JILL I.HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE MARK D.SANDEEN IIu ��tl w nc o AIN oe Tobin of lexingtont AFAXX I#- SELECT BOARD OFFICE PROCLAMATION Whereas: the mental health of every individual is essential to the emotional and economic prosperity of families, neighborhoods, and businesses in Lexington, Massachusetts; and Whereas: mental health is a key component of every person's overall physical health and emotional well-being; and Whereas: all Lexington residents face challenges that impact their mental health regardless of age,race gender, abilities,ethnicity, sexual orientation, socioeconomic status, or religion; and Whereas: feelings of personal shame and fears of social stigma and discrimination prevent many living with mental illness from seeking help; and Whereas: stigma can be reduced by increasing the awareness of mental illness and available resources for those suffering from mental health conditions; and Whereas: greater public awareness about mental wellness can positively transform attitudes about, and towards, people with mental illness,making it easier for our citizens to seek help; and Whereas: with effective treatment,those individuals with mental health conditions can lead full,productive lives; and Whereas: prevention is an effective way to reduce the burden of mental health conditions; and Whereas: we strive to create a Lexington that supports mental wellness by increasing access to treatment, educating residents about mental wellness and mental illness,and supporting our loved ones as they seek to improve their mental health; and Whereas: there are practical tools that all people can use to improve their mental health and increase resiliency. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington,Massachusetts,do hereby proclaim the month of May to be annually recognized as Mental Health Month in the Town of Lexington to underscore the importance of mental health, early screening,public education, and advocacy for appropriate and accessible services for all people living with mental health conditions. We call this observance to the attention of all our residents with the support of the Lexington Human Services Department and the Lexington Human Rights Committee. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 24th of April 2023. JILL L HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE MARK D.SANDEEN 'o 771 7i7 ifl. Tobin of lextugton, Iffla,55arbu.5ett.5 Y k SELECT BOARD OFFICE FMLI PROCLAMATION Whereas: the Congress and President of the United States have designated May 15th as Peace Officers Memorial Day,and the week in which May 15th falls,May 14 to 20,2023,as National Police Week; and Whereas: it is important that all citizens know and understand the duties, responsibilities, hazards and sacrifices of law enforcement agencies and that law enforcement personnel recognize their duty to serve the people by safeguarding life and property,by protecting them against violence and disorder,and by protecting the innocent against deception and the weak against oppression; and Whereas: the 50 officers of the Town of Lexington, Massachusetts Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Lexington and in fiscal year 2022, the officers responded to 13,615 calls for service; and Whereas: since the first recorded death in 1791,more than 20,000 law enforcement officers in the United States have made the ultimate sacrifice and have been killed in the line of duty including Lexington Police Officer James J. Hodgdon, III who died on November 4, 1967 at the age of 23 following an automobile accident; and Whereas: Lexington Police Officer James J.Hodgdon,III name is engraved both on the wall of the National Law Enforcement Officers Memorial in Washington,D.C.,and on the Town of Lexington,Massachusetts Police Department Memorial Monument; and Whereas: the men and women of the Town of Lexington,Massachusetts Police Department provide a vital a public service. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington,Massachusetts do hereby proclaim the week of May 14 to 20,2023 as XatibnaCPotice 'We e k in the Town of Lexington, Massachusetts and encourage all citizens to join us in recognizing law enforcement officers,past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their community and, in so doing,have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. BE IT FURTHER PROCLAIMED that we call upon all citizens of the Town of Lexington,Massachusetts to observe Monday, May 15,2023 as Peace Ofiicers JWemorio'aCDay and authorize the American Flag on the Lexington Battle Green to be lowered to half-staff as directed by the President of the United States for the day in honor of those law enforcement officers who,through their courageous deeds,have made the ultimate sacrifice in service to their community or have become disabled in the performance of duty, and let us recognize and pay respect to the survivors of our fallen heroes. IN WITNESS WHEREOF,we have set our hands and caused the seal of Lexington to be affixed herewith on the 24'of April 2023. JILL I.HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE MARK D.SANDEEN u M" . . Town of lexingtont Aa'5.5ar U5Ptt'5 A NIL �� '` SELECT BOARD OFFICE PROCLAMATION Whereas: the services of the Public Works Department in Lexington are an integral part of the everyday lives of all of its citizens; and Whereas: the support of the citizens of Lexington is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection and disposal; and Whereas: the health, safety and comfort of the citizens of Lexington greatly depends on its public works services; and Whereas: the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works employees; and Whereas: the efficiency of the qualified and dedicated employees in the public works department is materially influenced by the knowledge that their work is appreciated. NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby proclaim the week of May 21 to 27, 2023 as National Public Works Week in the Town of Lexington and call upon all citizens to join us in recognizing the employees of the Lexington Public Works Department. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 24th of April 2023. JILL L HAI,CHAIR JOSEPH N.PATO SUZANNE E.BARRY DOUGLAS M.LUCENTE MARK D.SANDEEN AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Application: Battle Green Permit - Town Celebrations Committee PRESENTER:TER• ITEM S NUMBER: Jill Hai, S elect Board Chair C.3 SUMMARY: Category: Decision-Making Town Celebrations Committee: The Town Celebrations Committee is requesting permission to use the Battle Green on Monday, May 29, 2023 from 9:30am to 12:30pm for the purpose of the annual Memorial Day ceremonies. Prior to the ceremonies, a parade will proceed from the Munroe Cemetery driveway, stepping off at 10:00am, and continue down Massachusetts Avenue towards the Battle Green. The ceremonies are expected to begin once the parade has arrived at the Battle Green at approximately 11:20am and last for 20 minutes. If the weather is inclement, then the ceremonies would move indoors to the Cary Memorial Building. The Town C eleb rations Committee has requested permission to place small flags at the memorial plaques around the Battle Green in memory of the men from Lexington who perished in WWI as part of the weekend ceremonies. If approved, a representative of the Committee would place the small flags on the morning of Friday, May 26, 2023, and remove them the morning of Tuesday, May 30, 2023. The Police Department, Department of Public Works and Fire Department have no objections to the s e requests. The ap p lic ant shall work with the Engineering Department regarding the status of any sidewalk work being done around the Battle Green at the time of the event. SUGGESTED MOTION: To approve* the request of the Town Celebrations Committee to use the Battle Green on Monday, May 29, 2023 from approximately 9:30am to 12:30pm for the purpose of the annual Memorial Day ceremonies. To approve* Town C e leb rations Committee to place small flags at the memorial plaques around the Battle Green on the morning of Friday, May 26, 2023 to be removed on the morning of Tuesday, May 30, 2023. Move to approve the consent. *and all approvals and locations are subject to modifications as may be required by the Department of Public Works, Public Safety, Fire Department and/or Engineering Department up to the time of the event. FOLLOW-UP: Select Board Office/Town Celebrations Committee DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 ATTACHMENTS: Description Type F) 'Town(�elebrations C.I.)rnmittee Request I kAter Merrx.mal Day Panade& 13dWkup VII.Caterial CA.rernonies Town of Lexington " Town Celebrations Committee :. 1 4. PNL 1 ' April 13,2023 Jill Hai,Chairman Select Board,Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 RE: Memorial Day, Monday May 29,2023 On behalf of the Town Celebrations Committee we would like to make the following requests regarding Memorial Day events on Monday, May 29,2023: Memorial Day Parade: • The Parade will lineup at 9:3o a.m.in the Munroe Cemetery driveway and step off at lo:oo a.m. • We request the use of the west side of Massachusetts Avenue west to Bedford Street, Bedford Street to Harrington Road, Harrington Road to the Olde Burying Ground and then onto the Battle Green for the Memorial Day Ceremonies. Memorial Day Ceremonies: • Use of the Battle Green for the annual Memorial Day Ceremonies. • Placing of small U.S.flags on the Green at the eight WWI plaques on the morning of May 26 and taken up the morning of May 30. • We will also be requesting the use of the small podium,microphone and speaker system,and 40 folding chairs from the Department of Public Works for these ceremonies. • We will also be requesting from the Town Manager permission for the Parade(nothing motorized)to go over the grass at Visitor's Center/Buckman Tavern to lay wreaths at the memorials. • The ceremonies are expected to begin once the Parade arrives at the Battle Green at approximately 11:2o a.m.and last for approximately 20 minutes. • Should the weather be inclement,the Ceremonies would be moved indoors to Cary Memorial Building. Should you have any questions,please contact me. Very truly yours, 06:1 Geetha Padaki&Glen Bassett Co-Chairs 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Telephone: (781)698-4640—Fax: (781)-863-9468 Email: celebrationscmte@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Road Closures Request - Town Celebrations Committee for Memorial Day Parade PRESENTER:TER• ITEM S NUMBER: Jill Hai, S elect Board Chair C.4 SUMMARY: Category:Decision-Making Town Celebrations Committee: The Town Celebrations Committee is requesting road closures on the following streets on Monday, May 29, 2023 from 9:30am to 12:30pm for the purpose of the annual Memorial Day Parade: • Massachusetts Avenue at Munroe Cemetery to Bedford Street • Bedford Street to Harrington Road • Harrington Road to Old Burying Ground The parade will line up at the Munroe Cemetery driveway at 9:30am and step off at 10:00am to proceed to the Battle Green via Massachusetts Avenue, where the Memorial Day ceremonies will take place. The Police Department, Department of Public Works and Fire Department have no objections to this request. The ap p lic ant shall work with the Engineering Department regarding the status of any sidewalk work being done around the Battle Green at the time of the event. SUGGESTED MOTION: To approve* the Town Celebrations Committee's request for road closures from Massachusetts Avenue at Munroe Cemetery westerly to Bedford Street, Bedford Street to Harrington Road and Harrington Road to the Old Burying Ground on Monday, May 29, 2023 from 9:30am to 12:30pm for the purpose of the annual Memorial Day Parade. Move to approve the consent. *and all approvals and locations are subject to modifications as may be required by the Department of Public Works, Public Safety, Fire Department and/or Engineering Department up to the time of the event. FOLLOW-UP: Select Board Office DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 ATTACHMENTS: Description Type F) 'Town(�elebrations C.I.)mmittee Request I kAter Merrx.mal Day Panade& 13dWkup VII.Caterial G.,rernonies Town of Lexington " Town Celebrations Committee :. 1 4. PNL 1 ' April 13,2023 Jill Hai,Chairman Select Board,Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 RE: Memorial Day, Monday May 29,2023 On behalf of the Town Celebrations Committee we would like to make the following requests regarding Memorial Day events on Monday, May 29,2023: Memorial Day Parade: • The Parade will lineup at 9:3o a.m.in the Munroe Cemetery driveway and step off at lo:oo a.m. • We request the use of the west side of Massachusetts Avenue west to Bedford Street, Bedford Street to Harrington Road, Harrington Road to the Olde Burying Ground and then onto the Battle Green for the Memorial Day Ceremonies. Memorial Day Ceremonies: • Use of the Battle Green for the annual Memorial Day Ceremonies. • Placing of small U.S.flags on the Green at the eight WWI plaques on the morning of May 26 and taken up the morning of May 30. • We will also be requesting the use of the small podium,microphone and speaker system,and 40 folding chairs from the Department of Public Works for these ceremonies. • We will also be requesting from the Town Manager permission for the Parade(nothing motorized)to go over the grass at Visitor's Center/Buckman Tavern to lay wreaths at the memorials. • The ceremonies are expected to begin once the Parade arrives at the Battle Green at approximately 11:2o a.m.and last for approximately 20 minutes. • Should the weather be inclement,the Ceremonies would be moved indoors to Cary Memorial Building. Should you have any questions,please contact me. Very truly yours, 06:1 Geetha Padaki&Glen Bassett Co-Chairs 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Telephone: (781)698-4640—Fax: (781)-863-9468 Email: celebrationscmte@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Accept and Sign Easements - Kay Tiffany Way Definitive Subdivision, 109 Reed Street PRESENTER: ITEM NUMBER: Sheila Page, Assistant Planning Director I.1 SUMMARY: Category:Decision-Making The Planning Board approved the definitive subdivision for 109 Reed Street on February 26, 2020. The recorded property rights plan is attached and the subdivision was designed with the developer's intention of having the road accepted by the Town once the subdivision is complete. The developer is providing three easements, all located on Lot 3:a utility easement for a looped water line; a maintenance easement for an existing culvert; and a drainage easement for the roadway. A plan highlighting the easements is provided. The documents have been reviewed by Town Counsel and the Engineering Division. The Developer has provided a signed consent and subordination by the lender for the Town's records. All associated documents are attached. SUGGESTED MOTION: Move to approve the easements and further to authorize the Select Board to execute the attached easement agreements. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 6:05pm ATTACHMENTS: Description Type F) Ower Memo (...,(.)ver Memo D Drainage E.,lisernen't Cbver Merno F) Vllkainfen.an.ce 1��(,asernerif Cover Vlleixiic) F) Lhility I�.casemient ("Awer MerrK.) F) Plan lb v e r VII e mo F) Subordin.atiorl Gwer Merno TOWN OF LEXINGTON w PLANNING OFFICE q' 1625 Massachusetts Avenue � Lexington,Massachusetts 02420 Abby McCabe AICP Planning Director A 1 781-698-4560 Sheila Page,Assistant Planning Director r ° APRI Lig" tannin lexin tonna® ov Molly Belanger,Planner oowww.lexingjpRmAgpya lan� Kiruthika Ramakrishnan,Planning Coordinator Date: April 19, 2023 To: Jim Malloy, Town Manager From: Sheila Page Assistant Planning Director cc: Abby McCabe, Planning Director Todd Cataldo, 109 Reed Street Subdivision Re: Acceptance of 109 Reed Street Definitive Subdivision—Kay Tiffany Way Easements The Planning Board approved the above reference definitive subdivision on February 26,2020. The recorded property rights plan is attached. The Subdivision was designed with the Developer's intention of road acceptance by the Town once the subdivision is completed. The Developer is providing three easements, all located on Lot 3: a utility easement for a looped water line; a maintenance easement for an existing culvert; and a drainage easement for the roadway. A plan highlighting the easements is provided. The documents have been reviewed by Town Counsel and the Engineering Division. The Developer has provided a signed consent and subordination by the lender. A draft copy is provided in the packet. 1 tww,),ref-,�,'A ;�G 643mv sjuozov-� -�Mo 0,04,S30 'cWO,9 MOMSH9 I wr Jaw PU aid SVMA3d o 4/6 Vim fa �q 'Its Hal 03HYd.794 'INOWTrU (MMOO XSM(7(7M) TNTOSILLMUM&WKNOWWAMA WE 1LLxwjmwj X 1114 a oft's=13'xaNx)smvuto 0% INI MV007 8 a I v 13 0 S S v agn JO Mnd S&HON AMVdOZ[d N 1191YOYLIS a,9,79 60T x VI a I Id 9 cr 00 V-689PC fiV7d WnOO aNV7 NO co 017" G3101d,72GSU07JO NOISIAMM9 V ON138 MAN t; 11 WIN 5 A2 oil Ile A pro rw R; a Nil J W 40 00 rr Do-11 A tI or- A, V L CDs Z 41A 6,#J�o IN, SIMS E, H'Sy 14 All Y -' 1.S-� - lit, 4 4 kid 4 rt, • r-j Ar 'C's or AL .Ov ........ (30" ZCVAWO) or 4 Ot i &91, ,LTSOdO 1112 9 :40,q COT Agoor-d op,cgs 496vrw7o� '-pra. ry btN 4 C4 fa Os�._,,,. _ - �. o �.ri.p (OT Cu maj) Odd*t4c" 49a tip 00,oi�Ku �4 "7e,v SO 11 P,#z X. 1 to cn 44 (nw,op yw�d) ? wa .(Vtz CD n r i FTK TO I' f,10 "zm R "Nil DRAINAGE EASEMENT KAY TIFFANY WAY LLC, a Massachusetts Limited Liability Company with an address of 168 Grant Street, Lexington, Middlesex County, Massachusetts ("Grantor") For consideration paid hereby grants to the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts, acting by and through its Select Board, (the "Grantee") with quitclaim covenants the perpetual, non-exclusive right and easement in gross over, under and upon: the area shown as "Proposed Drainage Easement (1,747 +/-S.F.)" (hereinafter referred to as "Drainage Easement Area") on a certain plan of land entitled 109 Reed Street Property Rights Plan of Land (Middlesex County) Prepared for Sheldon Corp., dated September 25, 2020 and filed with the Middlesex South District of the Land Court as Plan No. 34889B (the "Plan"). The Drainage Easement Area is located on Lot 3 on the above referenced Plan (the "Property"). Included in this grant is the perpetual right and easement in gross over, under and upon the Drainage Easement Area for the location, placement, installation, operation, maintenance, repair, removal and replacement of drainage facilities and appurtenances including but not limited to underground and above-ground pipes, conduits and manholes, for purpose of surface and subsurface drainage,together with the permanent right of entry upon and passage over said Drainage Easement Area with any and all material and equipment necessary from time to time for all purposes stated herein and incidental thereto. Grantee shall have the right to permit its employees, agents, contractors, guests and invitees to use the Easement Area in accordance herewith. In exercising its rights hereunder, Grantee shall use reasonable efforts to minimize any interference with Grantor's, its successors and or assigns, use of the Property. Grantee hereby agrees to properly maintain and keep in good order any drainage facilities installed in the Drainage Easement Area. Whenever any surface is disturbed by Grantee by authority of this instrument, the surface shall be restored to substantially its condition prior to such disturbance to the extent practicable and to the extent that the surface is not impacted by drainage facility permitted hereunder. Grantor agrees not to grant any other easements, leases, deeds, licenses or any other rights to the Drainage Easement Area that will interfere with the Grantee's perpetual easement without the written consent of the Grantee. Any easement, lease, deed, license or other rights granted in violation of this provision shall be null and void. All rights and privileges granted herein, including all benefits and burdens shall run with the Property and shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, successors, assigns and legal representatives. Grantor warrants and represents to Grantee that: (i) the person executing this Drainage Easement on behalf of Grantor has authority to do so; and (ii) there are no mortgages or encumbrances of record or otherwise on the Drainage Easement Area that will negate or negatively impact this Drainage Easement. This Drainage Easement shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. If any clause, sentence, or other portion of the terms, covenants, and restrictions of this Drainage Easement becomes illegal, null, or void for any reason, or be held by any court of competent jurisdiction to be so, then the remaining portions hereof will remain in full force and effect. This Drainage Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. This Drainage Easement is entered into based on the authority granted by Town Meeting vote held on March 27, 2 02 3,copies of which are recorded herewith. For Grantor's title, See Quitclaim Deed filed with the Middlesex South Land Court on Certificate of Title No. 274549 as Document No. 1858886. [Signature Page Follows] Executed under seal as of this , day of , 2 02 3. KAY TIFFANY WAY L L C BY: Thomas J. Cataldo Its: Manager COMMONWEALTH/STATE OF COUNTY OF _ On this day of _ , 2023, before me, the undersigned notary personally appeared, Thomas J. Cataldo, proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the preceding or attached document and acknowledged to me that he/she signed said document voluntarily for its stated purpose, by his/her free act and deed as Manager of the KAY TIFFANY WAY LLC. Notary Public: My commission expires: ACCEPTANCE We, being a majority of the undersigned members of the Select Board of the Town of Lexington, Massachusetts, hereby approve and do hereby accept the foregoing Drainage Easement. TOWN OF LEXINGTON SELECT BOARD COMMONWEALTH/STATE OF COUNTY OF _ On this day of _ , 2023, before me, the undersigned notary personally appeared, Members of the Select Board for the Town of 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 said document voluntarily for its stated purpose, as the foregoing named members of the Select Board of the Town of Lexington, a municipal corporation. Notary Public: My commission expires: GRANT OF EASEMENTS KAY TIFFANY WAY LLC, a Massachusetts Limited Liability Company with an address of 168 Grant Street, Lexington, Middlesex County, Massachusetts ("Grantor") for consideration paid hereby grants to the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts, its successors and assigns, acting by and through its Select Board, (the "Town") with quitclaim covenants the following: The perpetual right and easements over, across, in, under, upon and within the portion of Lot 3 on a certain plan of land entitled 109 Reed Street Property Rights Plan of Land (Middlesex County) Prepared for Sheldon Corp., dated September 25, 2020 and filed with the Middlesex South District of the Land Court as Plan No. 34889B shown as "Proposed Maintenance Easement (428 +/- S.F.)" (the "Easement Area") for purposes of constructing, inspecting, repairing, maintaining removing, replacing, operating and forever maintaining the culvert, structures, improvements and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid. TO HAVE AND TO HOLD the above described right and easement unto the said Town of Lexington and its successors and assigns forever. The Town shall have the right to permit the Town's employees, agents, contractors, guests and invitees to use the Easement Area in accordance herewith. The rights and easements described herein constitute an easement in gross for the benefit of the Town, its successors and assigns, and these provisions shall run with the land and shall inure to the benefit of and bind the respective legal representatives, successors and assigns of the Grantor and others holding rights in the Easement Area and the Town. The Grantor shall not unreasonably interfere with the Town's use of the Easement Area for the purposes described herein. The Grantor hereby agrees not to grant any other easements, leases, deeds, licenses or any other rights to the Easement Area that will materially interfere with the rights of the Town without the prior written consent of the Town. Any easement, lease, deed, license, or any other rights granted in violation of this provision shall be null and void. The Grantor shall not be entitled to relocate the easement granted herein without the express prior written consent of the Town,which consent may be withheld in the Town's sole and absolute discretion, and which relocation to be at the Grantor's sole cost and expense. Grantor warrants and represents to the Town that: (i) the person executing this Grant of Easements on behalf of Grantor has authority to do so; and (ii) there are no mortgages or encumbrances of record or otherwise on the Easement Area that will negate or negatively impact this Grant of Easements. This Grant of Easements shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. If any clause, sentence, or other portion of the terms, covenants, and restrictions of this Grant of Easements becomes illegal, null, or void for any reason, or be held by any court of competent jurisdiction to be so, then the remaining portions hereof will remain in full force and effect. This Grant of Easements may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. This Grant of Easements is entered into based on the authority granted by Town Meeting vote held on March 27,2023,copies of which are recorded herewith. For grantor's title, See Quitclaim Deed filed with the Middlesex South Land Court as Document No. 18S8886. [Signature Page Follows] Executed under seal as of this , day of 12023. KAY TIFFANY WAY LLC BY: Thomas J. Cataldo Its: Manager COMMONWEALTH/STATE OF COUNTY OF On this day of , 2023, before me, the undersigned notary personally appeared, Thomas J. Cataldo, proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the preceding or attached document and acknowledged to me that he/she signed said document voluntarily for its stated purpose, by his/her free act and deed as Manager of the KAY TIFFANY WAY LLC. Notary Public: My commission expires: ACCEPTANCE We, being a majority of the undersigned members of the Select Board of the Town of Lexington, Massachusetts, hereby approve and do hereby accept the foregoing Grant of Easements. TOWN OF LEXINGTON SELECT BOARD COMMONWEALTH/STATE OF COUNTY OF _ On this day of _ , 2023, before me, the undersigned notary personally appeared, Members of the Select Board for the Town of 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 said document voluntarily for its stated purpose, as the foregoing named members of the Select Board of the Town of Lexington, a municipal corporation. Notary Public: My commission expires: GRANT OF EASEMENTS KAY TIFFANY WAY LLC, a Massachusetts Limited Liability Company with an address of 168 Grant Street, Lexington, Middlesex County, Massachusetts ("Grantor") For consideration paid hereby grants to the Town of Lexington, a municipal corporation in Middlesex County, Massachusetts, acting by and through its Select Board, (the "Town") with quitclaim covenants the following: The perpetual right and easements to construct, inspect, repair, remove, replace, operate and forever maintain (1) a sanitary sewer or sewers with any manholes, pipes, conduits, and other appurtenances, (2) pipes, conduits and other appurtenances for the conveyance of water, and (3) a covered surface and ground water drain or drains with any manholes, pipes, conduits and their appurtenances, and to do all other acts incidental to the foregoing, including the right to pass along and over the land for the aforesaid purpose, in, through and under the area shown as "Proposed Utility Easement (5,82 7 +/- S.F.)" (the "Easement Area") on a certain plan of land entitled 109 Reed Street Property Rights Plan of Land (Middlesex County) Prepared for Sheldon Corp., dated September 25, 2020 and filed with the Middlesex South District of the Land Court as Plan No. 34889B. TO HAVE AND TO HOLD the above described right and easement unto the said Town of Lexington and its successors and assigns forever. The Town shall have the right to permit the Town's employees, agents, contractors, guests and invitees to use the Easement Area in accordance herewith. The rights and easements described herein constitute an easement in gross for the benefit of the Town, its successors and assigns, and these provisions shall run with the land and shall inure to the benefit of and bind the respective legal representatives, successors and assigns of the Grantor and others holding rights in the Easement Area and the Town. The Grantor shall not unreasonably interfere with the Town's use of the Easement Area for the purposes described herein. The Grantor hereby agrees not to grant any other easements, leases, deeds, licenses or any other rights to the Easement Area that will materially interfere with the rights of the Town without the prior written consent of the Town. Any easement, lease, deed, license, or any other rights granted in violation of this provision shall be null and void. The Grantor shall not be entitled to relocate the easement granted herein without the express prior written consent of the Town,which consent may be withheld in the Town's sole and absolute discretion, and which relocation to be at the Grantor's sole cost and expense. Grantor warrants and represents to the Town that: (i) the person executing this Grant of Easements on behalf of Grantor has authority to do so; and (ii) there are no mortgages or encumbrances of record or otherwise on the Easement Area that will negate or negatively impact this Grant of Easements. This Grant of Easements shall be binding upon and inure to the benefit of the parties hereto,their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. If any clause, sentence, or other portion of the terms, covenants, and restrictions of this Grant of Easements becomes illegal, null, or void for any reason, or be held by any court of competent jurisdiction to be so, then the remaining portions hereof will remain in full force and effect. This Grant of Easements may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same document. This Grant of Easements is entered into based on the authority granted by Town Meeting vote held on March 27, 2 02 3,copies of which are recorded herewith. For Grantor's title, See Quitclaim Deed filed with the Middlesex South Land Court on Certificate of Title No. 274549 as Document No. 1858886. [Signature Page Follows] Executed under seal as of this , day of , 2 02 3. KAY TIFFANY WAY L L C BY: Thomas J. Cataldo Its: Manager COMMONWEALTH/STATE OF COUNTY OF _ On this day of _ , 2023, before me, the undersigned notary personally appeared, Thomas J. Cataldo, proved to me through satisfactory evidence of identification which was to be the person whose name is signed on the preceding or attached document and acknowledged to me that he/she signed said document voluntarily for its stated purpose, by his/her free act and deed as Manager of the KAY TIFFANY WAY LLC. Notary Public: My commission expires: ACCEPTANCE We, being a majority of the undersigned members of the Select Board of the Town of Lexington, Massachusetts, hereby approve and do hereby accept the foregoing Grant of Easements. TOWN OF LEXINGTON SELECT BOARD COMMONWEALTH/STATE OF COUNTY OF _ On this day of _ , 2023, before me, the undersigned notary personally appeared, Members of the Select Board for the Town of 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 said document voluntarily for its stated purpose, as the foregoing named members of the Select Board of the Town of Lexington, a municipal corporation. 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UQCS tiq tigR IIIIIII ❑�❑ CONSENT AND SUBORDINATION AGREEMENT This CONSENT AND SUBORDINATION AGREEMENT (this "Agreement") is made as of 20231 by [ ] (the "Lender"), a [ ], having an address of [ ], in favor of the TOWN OF LEXINGTON (the "Town"), acting by and through its Select Board, a municipal corporation, having an address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420. WHEREAS, pursuant to that certain Quitclaim Deed filed with the Middlesex South Registry of Deeds (the "Re istr ") as Document No. 1858886 on Certificate of Title No. 274549, Kay Tiffany Way LLC (the "Owner") is the owner of that parcel of land known as and numbered 109 Reed Street, Lexington, Massachusetts (the "Property"); WHEREAS, the Owner has agreed to grant to the Town, certain rights and easements in, over, across, upon, and under certain portions of the Property, including that certain Grant of Easements concerning certain utilities within the Property, that certain Grant of Easements concerning certain maintenance rights within the Property, and that certain Drainage Easement concerning certain drainage infrastructure within the Property, all dated as of , 2023 and filed with the Registry herewith (collectively, the "Easement Agreements"); WHEREAS, the Property is subject to the following loan document (the "Mortgage Documents"): [Mortgage] from Owner to Lender, dated [ ] and filed with the Registry as Document No. [ ] on Certificate of Title No. 274549; and WHEREAS, the Lender has agreed to subordinate the Mortgage Documents to the Easement Agreements pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lender hereby subordinates the lien of the Mortgage Documents and consents to the Easement Agreements to the fullest extent as if the Easement Agreements had been executed, ensealed, acknowledged, delivered and filed with the Registry prior to the execution, ensealment, acknowledgment, delivery and recordation of the Mortgage Documents. Except as expressly subordinated hereby, the Mortgage Documents shall remain in full force and effect. [Signature Page Follows] EXECUTED under seal as of the date first written above. LENDER: I ] By: Name: Title: STATE OF COUNTY OF On this day of 2023, before me, the undersigned notary public, personally appeared , 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 s/he signed it voluntarily for its stated purpose as of Notary Public: My Commission Expires: AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: Presentation- Tree Canopy Study PRESENTER: ITEM Dave Pinsonneault Director of Public NUMBER: Works; Marie Bouffard & Patrick O'Neill-Dunn UVM I.2 SUMMARY: Category: Informing Attached please find the canopy study that will be presented by UVM and Public Works at the Select Board meeting. No action is required, this is just to update the Select Board on the results of the Tree Canopy Study. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 6:15pm ATTACHMENTS: Description Type WI, lip Am, "S AS, 4/ ar :MR/-M, E 2 v--, A/i ftj' f il ............. IAI! .. ........ . � . Lexington is gaining tree canopy. Tree canopy change was computed by mapping the no change, gains, and losses in tree canopy from 2014-2021. :: TREE CANOPY IS FOREST PATCHES 4RE GAINS ARE RESIDENTS ARE KEY INCRE,SING BEING 6ROKEN UP INCREf�1ENTAL 0 t tt j i f, s �I✓c»��'IY N�//liy� G/r 1P i r, � III f aII 1 _ r ,,fJ,-ui'II ids+��VY�'��ii tY';iili�4 i I;Iu III I�i )��lYr7/�sU�haalu�ar� y / au � � _ • � Ise���1id��� ', r �f� iifj f i j� r �i r, r R I ��v f J p� 7 p ��i 1�1���� `+1��n�r � � �I "��.. � � r� ew a► r ad. r JU w r � �, I r r � •� r r w , t w w x G "o ,,I,, ✓� � � r r r , w r u „ r i 1 r, i 1. r% i I�h i Ply r' I r , " � vvwvwvvvr�'l111wwwwwr � r r r k d I ,I l i r n u .......................................... ff I 1 The Importance of Good Data This assessment would not have been possible without Lexington's investment in high-quality geos pat ial data, particularly LiDAR.These investments pay dividends for a variety of uses,from stormwater management to solar potential mapping.This LIDAR will help the Lexington advance their risk management plan by creating the tree centroids needed to run a risk analysis.Good data supports good governance. ------------------- ------------------------------------------ ------------------------------------------ -------------------- ----------------------------------------- ----------------------------------------------------------------------------------------- Tree canopy assessments rely on remotely sensed data in the form of aerial imagery i w and light detection and ranging (LiDAR) 1/ data. These datasets, which have been ! I ✓ /%: ,% /,,:' / ��/,kl' yr/ �`ij�ir%ii/� ✓,,[,,/ /j i/i//i ice; acquired b various governmental a Y agencies in the region, are the foundational I I r: information for tree canopy mapping Imagery provides information that enable s ,✓ � /,r,/„°/ °"�/ , /r �' r �„ ''„ features to be distinguished by their ✓ ,,. /�.,,,/,,, , r,,y,�,/, r spectral (color) properties. As trees and - illllll �r# "II shrubs can appear spectrally similar, or obscured by shadow, LiDAR, which consists of 3D height information g enhances the accuracy of the mapping. Tree canopy mapping is performed using aIN %l scientificallyrigorous process that g p M integrates cutting-edge automated feature extraction technologies with detailed g II i manual reviews andediting. This s combination of sensor and mapping technologies enabled the city's tree canopy J to be mapped in greater detail and with better accuracy than ever before. From a single street tree along a roadside to a Figure 1.-20,14tree cover 2021tree(middle),were used to map patch of trees in a park, every tree in tree canopy change(bottom). 0 14tree cover derived from Lexington was accounted for. a combination of 2014 imagery and 2014 UDAR and 2021 tree was derived from .i ulu I, I 1N11�/f% �— — � —� � — � — — �•— r , III at er r -® ® M - ---------------- Figure 2.-Highl land cover developed for this project. I J r/� r / D f / Y r l I n ° Y'��' — III �. • Figure 3. The new 2027 landcover for Lexington was used in this assessment to quantify existing tree canopy, possible tree canopy - vegetated, possible tree canopy - impervious, and not suitable. 10, 4'!14 ■ 600% of Lexington's land is Tree canopy and tree canopy change were covered by tree canopy summarized at various geographical units of analysis, ranging from land use and property parcels to precinct boundaries. These tree canopy metrics provide information on the area of Existing and JA Possible Tree Canopy for each geographical unit. Towns and cities commonly have uneven distribution of tree canopy, a pattern that applies to Lexington. There are some 20-hectare hexagons with less than 5% tree canopy and others with nearly 100% tree canopy (Figure 2). This unequal distribution can be traced back to Lexington's historical development patterns and open space planning. Residents who live and work In more treed areas benefit disproportionately from the ecosystem services that trees provide. Conversely, regions of the city have lower amounts of tree canopy receive fewer ecosystem services. Lexington can enhance urban resilience and equity by prioritizing tree planting in neighborhoods that lack access to the benefits trees provide. ;J Y Figure 4.Existing tree canopy percentage for 2021 conditions summarized using 20-hectare hexagons.For each of the hexagons.the percent tree canopy was calculated by dividing the amount o(free canopy by the land area,which excludes water.Using hexagons as the unit of analysis provides a standard mechanism for visualizing the distribution of tree canopy without the constraints of athergeographies that have unequal area(e.g.,zip codes). / I/r / f �� r / f 1111� rr � oaa i , i i / / There is available space in Lexington to plant more trees. In this assessment, any areas with no trees, buildings, roads, or bodies of water are considered Possible-Vegetation and represent locations in which trees could theoretically be established without having to remove hard surfaces. Many factors go into deciding where a tree can be planted with the necessary conditions to flourish, including land use, landscape conditions, social attitudes towards trees, and financial considerations. Examples include golf courses and recreational fields. While there is open space to plant trees, there is a direct conflict in use; thus, the Possible-Vegetation category should serve as a guide for further field analysis, not a prescription of where to plant trees. With 1,632 acres of land (comprising 15.5% of the city's land base) falling into the Possible-Vegetation category,there remain significant opportunities for planting trees and preserving canopy that will improve the city's total tree canopy in the long term. In Lexington's most densely urbanized areas, significantly increasing the tree canopy will be difficult; nevertheless, it remains vitally important to strive for canopy gains. Trees, when properly cared for, can mitigate environmental risks challenges relating to the urban environment such as flooding, air quality, and urban heat island. In the city's residential areas, healthy natural regeneration of the existing tree canopy and planting new trees will be important. There is often a "plant and forget'' cycle in residential areas,where trees are generally planted when homes are built,without the follow-up to replace trees as they decline to establish the next generation of canopy. ulullu� oil ro , I f Im�loloVuudVuudldldl�i°1 f f I'I b f� ijiVIVIVIVIVIVIVIVIVIVIIiI,II�I t{��7171 J� J�/j.. , IiilliiVVV Iull /�%/ � ,,. - ��j � lii IIIIII / 'ttuu IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII v � I fN Wt„u v,, M ^ 4JV R Figure 5.Possible Tree Canopy consisting of non treed vegetated surfaces summarized by 20-hectare hexagons."These vegetated 4 m r w� currently coveredtrey r where e it i sic establish neiAltree canopy.i,,may be Pniancially challengingr socially ur sir w establish new,treei r . Examples include i r ,recreational ri it r Pei . Possible Free Canopy cassist in strategic planning, ,,decisions on where ,. plant-trees si ri t n.Surface,underground,„r .Tingsurface factors raric . x r I _.. d III 5 .:Y. ..�. __,.II�III III . ..._.._I� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII The magnitude of tree canopy change across Lexington can be measured by the relative tree canopy change over the 2014-2021 period. The relative change is calculated by taking the tree canopy area in 2021, subtracting the tree canopy area in 2014, then dividing this number by the area of tree canopy in 2014.Areas with the greatest change indicate that the canopy is markedly different in 2021 as compared to 2014. In some of the commercial and urbanized areas with little tree canopy in 2021, the growth of street trees resulted in a sizeable relative gain. Conversely, the removal of trees as a result of construction in sparsely treed areas resulted in substantial relative reductions in tree canopy. The trajectory of Lexington's tree canopy in the future is uncertain. There are both environmental and anthropogenic risks facing canopy cover. Invasive species could pose a serious threat if not identified and controlled early. Natural events such as storms can have a mixed impact on the canopy. In conserved areas, tree canopy will return through natural growth, but in urbanized areas, trees lost to storms will need to be replanted. Climate change may cause trees to grow more quickly but could also result in inhospitable conditions for native species.Anthropogenic factors include preservation and conservation efforts and the strength of tree ordinances. Managing these risks will be key to maintaining canopy growth. do r, I Y......41 '11 Ar y-+ 1. olm Figure 6:Tree canopy change metrics summarized by 20-hectare hexagons.Relative tree canopy is calculated by using the formula(2021-2014)/2014.Colors are categorized by data quantiles.Darker greens indicate greater relative gain,while darker purple reflects a higher magnitude of loss. ii/ / / / / / JJJJJJJ / r , /IIIIIIII . � / f , r. 1 rr f/ f, ,J�IIIIIIIf /, r/ / 11 I r� i r/ / / / // r ��� �11 i IIIIIII i, III ii ' r u uim A ` ,Ilri �✓j� rl, rID���/�j� j4i i r r u i% r / 1 l��l V i r u uul � uuVllllll / 1 i/�ij � ,� ✓, %! �� III, e r �� U I V I iil ', IIIIIIIIIIII VNI��IiVi I� ;, it i i' I r i A '!i o" i r. jr 1/� r No Chilangeu �Y Gain Loss Figure T Tree canopy c ange mapping forthe area surroundingImagery..This area experienced a mix of gain and loss. No a r r i r , �I I ii I IIu' 1 'II t�iu I V G r'IK r'V �I'�NIIIIIIIII�I� ��1 m i � n rr �� ppI I v r u iVCI � r y„ 1 , Chilaunge G .. /f Loss Figure gain Zoning, land use history, urban density, and landowner decisions all contribute to tree canopy patterns in Lexington.The following examples illustrate how these factors and others influence canopy change. �� r e r � I I I , I o„ / l a i Growth of already existing canopy was the largest driver of Lexington's tree canopy gains.Tree planting and natural succession are slow but important processes for increasing urban tree canopy. Figure . Growth recently Ip an threes VictoryGarden I iaround I y l 'r r Way resuIted in a high In III Ilr still e Ilrelln° for I iVul llo uuwid um V I�. I 1 u it he area. ' r „ No Changa, Tree canopy gain r cf, (f J/ r r JJ Residential Area I� Ills / I I/ �Illll�iiiili I u iuu I I a I „ Y � r , Tree Planting 6 y � lipi I� JJ �� JJJJJJJJ JJJJJJJJJJ IIII �r , r / r I r / r rr ( �IIIIIIII IIII � IIIIIIIIIIIIIIIIIIIIr Urban forest patches provide essential ecosystem services relating to wildlife habitat and reduced runoff their removal is a concern. Forest patches can be removed in a matter of days and take decades to rebuild. � ® r patch ,1 .I,,,,, , rest / removal for development resulted in an overall decrease in canopy coverage laround Lexington w 9 , rr , a J11J)No Changa ° Forest Patch y 0 �(II � rr Loss ly� " Recreation Area New I Construction r , I � i / I f / i l i i ///// i i i a Trees continue to grow and contribute canopy in more established neighborhoods, but age, disease, invasive species, storms, and changing landowner preferences all contribute to removals. As a result, losses may outpace gains over time if replacement trees are not planted. Figure 1 . Natural growth in the vicinity of Grassland St outpaced losses and ✓ y r % ' rioii//ii y resulted igainsin the area. r rl I Iglu ,' y r �u G � 146 Changa, f II , Tree canopy gain r / rl I Neighborhood �r , 7 III' r I r f Natural Sucession r v� / / / / I11 I/ 1 rrr,, / r r/ f J / I r /i , /////// /// a i i i There is substantially less tree canopy in the town's industrial and commercial areas. Parking lots especially tend to have sparse vegetation which exacerbates problems associated with impervious pavement like storm water runoff and heat islands. Planting trees in these areas helps mitigate these problems through the ecosystem services the trees provide. Figure . Tree loss in the canopy coverage was lowto ,. � y(•:j�14� ;,,%' % rr ,„tY', � ' �,, � ;, �/I Nr - r� begin with. OF 0 I VI J1'l' /�� y/ �, i��r IYIr', '�r'' °' %,-'!V r'" F rr r I " i' r u r J i, �IIII r I!kNlYfi!!Y�No crange Canopy Loss 1Yul��' tl r r� / r r�,r v ) rrrrrrl+rrrrrrrr JJJJr! 1 Commercial Area f//dNU, /�j,// ,, =g � � i` �,r.,,, �,, ,/ I ilil ; "';„,w r�"wY"!' ����ffff�fffffffffffffffffffffffffffffffffffffflllllll �I / ,� � r , ,, 1- /„1„ / u�'!���ul lv i,- r�'r''1-V!i JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJI, r , I 1 �� i�'�;J� li, � ,�iuw qn, ! o r J �% 1 ✓,r it I,1 ff Low Canopy ell Coverage y a e , Each of Lexington's precincts experienced both gains and losses in tree canopy, but gains outpaced losses in each of them resulting in increased tree canopy in all precincts between 2014 and 2021, a sign planting and preservation efforts are paying off. The differences in canopy is the result of land use history and changes to the built environment. Areas with large parks and open space tend to have more canopy, while neighborhoods that are more dense with commercial or industrial use tend to have less tree canopy. Tree canopy as a percent of land cover was fairly consistent across all nine - precincts, ranging from 55.8% in Precinct 9 to 66.8% in Precinct 5. 7 Precinct 9 contains the largest share ofIj Lexington's tree canopy with 1,172 acres (18.5% of total acreage). Though II it lags behind other precincts in terms �a of percent land cover, Precinct 9 saw the largest gains in tree canopy area � (net gain of 57 acres) which helped g �i q dose the gap. Precinct 7 saw the slowest growth of tree canopy both In terms of acres (net gain of 14 acres) and magnitude of change (1.9% relative change). Precinct 2 had the highest magnitude of change at 7.4% relative percent increase from the 48 Figure 13:Existing tree canopy percentage for 2021 conditions summarized acres of tree canopy it gained. by precinct. M i z � u a 61 CL �O o% ao% o_ . 0 coa -zao o zs sa ov 31,� e% Existing Tree Canopy Y. Existing Tree Canopy Tree Canopy Change Area Relative X Change (acres) (acres) Figure 14:free canopy and change metrics summarized by precinct. In order for Lexington to maintain and grow its tree canopy into the future, government, institutions, businesses, and residents must all be involved and see the value in this crucial green infrastructure asset. Tree canopy gains outpaced losses in all of Lexington's zone types, suggesting that Lexington's planting and preservation efforts are paying off. While the town does not have direct influence over residential land, establishing new trees can be achieved through collaboration and partnerships with different land owners. Efforts to encourage replanting displaced trees has helped to offset losses during construction. Private residential land controls the majority of Lexington's tree canopy with 3.880 acres, making up 61.4% of the tovdn's total tree canopy area. 711 Residential zones saw the largest net increase both in terms of acres (222 acres gained) and magnitude of change (6.1% relative gain). Government-Civic � Use Districts were the second largest contributor to Lexington's tree cover � �D s � e with about 2.039 acres representing 32% of the town's total tree canopy. r �r: INS Commercial Districts and Planned `\ g Development Districts managed to a � offset losses to not only break even but achieve net gains of 9 and 4 acres of tree canopy respectively. Figure 15:Zone type thematic map. Residential ".... 'I Planned Development Districts Governmeit C-vie Use D s[i cis EM Ell Commercial IN Districts, . 10'%6 60% C 2,000 4,N)l 0 1010 QUO 0 J% G": Existing Tree Canopy h Existing Tree Canopy Tree Canopy Change Area Relative h Change (acres) (acres) Figure 16:Tree canopy and change metrics summarized byzone type. Land use is how humans make use of the land including the economic and cultural activities (e.g., agricultural, residential, and commercial) practiced in the city. Land use is not to be mistaken by land cover which refers to landscape features, such as trees, buildings, water and other classes mapped as part of this study. For example, residential land use can contain trees, buildings, impervious ground cover, grass, and other land cover features. Land use can significantly influence the amount of tree canopy and the room available to establish new tree canopy. .F 7,7 1110 III� M Figure 17:Land use type thematic map. Lexington's planting and preservation efforts are paying off,while all of the town's land uses saw both gains and losses in tree canopy over the 2014 to 2021 period, the gains outweighed losses, resulting in net increases in tree canopy across the board. A look at specific land use categories reveals that 2,992 acres of tree canopy exist on forest lands making 47% of the town's total tree canopy. Forest land also had the highest percent tree cover at 90% of its land area, up from 88.7% in 2014.With such a large share of the town's tree canopy, preservation in these areas will be key to maintaining Lexington's tree canopy.The tree canopy in these larger forest patches is critically important as it includes natural understories that provide unique ecosystem services, such as wildlife habitat. Growth tends to slow in older,established forests and established neighborhoods, losses can occur for a variety of reasons including age, disease, invasive species, and storms. Planting new trees can help offset these natural and unnatural losses in forested areas. Medium Density Residential areas had 1.471 acres, 23% of total tree canopy making it the second largest contributor after forest areas. Together, the residential land uses make up about 34% of total tree canopy area, underscoring the key role residents play in managing the town's tree cover. Of Lexington's residential land use types, Very Low Density Residential areas had the highest percent tree canopy at 59.5% while Multi-Family Residential had the lowest at 40.5%. Medium Density Residential areas had the largest net gains of all land use types with 126 additional acres. Multi-Family Residential areas saw the biggest magnitude of change with 10% relative gain. The fact that Lexington saw net gains in tree canopy across all land uses is impressive, especially in land uses like Transportation and Powerline,Ntility where trees tend to face inhospitable conditions due to dose proximity to roads, regular salting compaction, limited space,and vehicular collisions.These challenges can limit canopy establishment and growth in these areas even as they can benefit the most from increased tree canopy. Environments dominated by impervious surfaces are prone to stormwatcr runoff and urban heat island, problems that trees effectively mitigate Establishing new canopy in transportation or utility areas can be costly due to potential hardscape modifications needed to create more space, but are worthwhile investments given the critical ecosystem services that street trees provide. Waste disposal land uses had the lowest percent land cover of Lexington's land uses at 2.7% followed by Transportation and Powerline/utility with 12.7% and 14.4% respectively. Even small additions to tree canopy In vulnerable areas can have an outsized on urban cooling, stormwater runoff, and aesthetics. Lexington's Powerline/Utility areas gained 3.8 acres between 2014 and 2021 resulting in a relative gain of 4%. Lexington's Waste Disposal land use had the highest relative gain at 9.5% meaning it saw the greatest magnitude of change between 2014 and 2021. AgriCLAtUral cemetary comme«fai Forest High Density Residential Low Density Residential Medium Density Residential Mul[i-Family Residential Open Land Powcriinautiiiry, Recreano Transportation Urban Fublic'Institutional Very Law Density Residential Waste Disposal Water Welland o% 25,% so, 75,j o 1.5100 3,000 jO vo '100 ovf so 10,0:-:, Existing Tree Canopy Existing Tree Canopy Tree Canopy Change Area Relative%Change (acres) (acres) Figure 18:Tree canopy and change metrics summarized by land use. Lexington's tree canopy is an important factor in managing the health of the town's three watersheds. The land use within a watershed can have large impacts on its health, including water quality and flood risk. Maintaining robust tree canopy can mitigate problems associated with Impervious surfaces within a watershed by managing stormwater runoff, filtering pollution, and stabilizing the banks of streams and rivers. Lexington contains portions of the Shawsheen, Mystic,and Charles watersheds. The Mystic watershed has the highest tree cover as a percent of land area at 6255%. The Shawsheen and Charles watersheds follow at 59.43% and 59.37% tree canopy respectively. The Shawsheen watershed contains the largest proportion of Lexington's tree sshawsmon, canopy by area with about 3.170 acres. 59.43% All three of Lexinton's watersheds saw net increases in tree canopy over the 2014 to 2021 time period with the Shawsheen watershed seeing the largest number of acres gained (148) and the Charles Mystic watershed seeing the highest 5937/ magnitude of growth with a relative percent change with a gain of 7.3%. The Shawsheen and Charles saw relative gains of4.9%and 4.8°orespectively. Figure l9: Existing tree canopy percentagefor2021conditions summarized by watershed. Shawsheen MYzlic y Charles � 0':• 30"'0 60% 0 1500 3.000 0 75 150 0% 29'0 4°'0 6°b Existing Tree Canopy% Existing Tree Canopy Tree Canopy Change Area Relative%Change (acres) (acres) Figure 20:Tree canopy and change metrics summarized by watershed. !r///�irii ✓ril/l� rJ /�i ,� i,a'" � ,;;; I '' I� �" �l /r %/rr/ii �. „l� r ,...: %/���rlaww,?', Inrli��.f� �(%�j I�j"✓ �i�����/i,: "'J)f"�j�„o��/%.r,,,'I/J�r/ ,rrr,/, i.r � ///ri /��a /%/ is/�//� /�rrrrr/ //�// ✓i ,N�/,/ „� 11 ;;,,rr, ,,,,,,r,,,, .,, ,. ,ii/� <I.�,r ./r ////� ../%///ror.:, r,,,,,% /rrrrrr Ir✓ririii it..// /r.'�cr,,;, /wr..m //' rr / ,a� I jr I I ��'�/r o Nf��r f'! r �'a��I�j�� 1 Y f io, ,,,,, I/ r r'''/il����' '�f/'i"✓rr" f III I I'� � � ri fr r f OU III � yi Iw A I�I r s , i y ;illy� r I V, I o I l I. ° a , r I � al �g711' i I au ��r / , � l ,III I� ro I J ISM Iff ive ity, o UnIm rsi Vermont S II ` "r ra r I r � I I I AGENDA ITEM SUMMARY LEXINGTON SELECT BOARD MEETING AGENDA ITEM TITLE: 2023 Annual Town Meeting- Select Board Article Discussion and Positions PRESENTER: ITEM NUMBER: Board Discussion 1.3 SUMMARY: Category:Decision-Making The Select Board will discuss 2023 Annual Town Meeting articles and review positions. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 4/24/2023 6:35pm ATTACHMENTS: Description Type F) Moderator's proposed bSc'hechjlel,fim.,2023 XF.M.(als,of 19) J..'kickup Material F) Select Board Work.ing 1.)ocurnem.t.,,,,,Posit io n.s 2023 ATM Rackup Material Updated proposed schedule as of April 19, 2023. Monday April 24, 2023 • Article 40 - Amend Section 135-4.4 of the Zoning Bylaw- Reduce Residential Gross Floor (Citizen Petition) • Article 12 - Appropriate for Municipal Capital Projects and Equipment (items not on consent agenda): 0 12a -All Terrain Vehicle - Forestry 0 12b -TMOD Implementation - Permit and progress tracking 0 12d - Bedford St and Hartwell Ave long-range transportation improvements 0 121 - Municipal parking lot improvements 0 12m - New sidewalk installations • Time permitting - in no particular order (Some or all of these will move to Wednesday, April 26th): o Article 17 - Appropriate to Post employment Insurance Liability Fund o Article 21 - Amend FY2023 Operating, Enterprise and CPA Budgets o Article 23 - Establish Special Education Reserve Fund o Article 7 - Appropriate to Affordable Housing Trust o Article 19 - Establish, Amend, Dissolve and Appropriate to and from Specified Stabilization Funds o Article 6 - Establish Qualifications for Tax Deferrals o Article 9 - Establish and Continue Departmental Revolving Funds o Article 27 - Amend Fossil Fuel Bylaw- Compliance with DOER Regulations and Guidance Wednesday April 26, 2023 • Memorial: Bill Kennedy • Article 16i - Solar canopy & system - Police Station • Article 13 - Appropriate for Water System Improvements • Article 5 - Appropriate FY2024 Enterprise Fund Budgets • Any unfinished articles from April 24th M N O N � N O ca P� A a� O O � � N O E� a a- u 73 co a O m � v O con con N M M W o CC)� p U O O rn ct 'pt U, �c) O c� d W O W W a W O L� k �+ N rn v> `O r— 00 O7 O M N O N CA N rl IX O ca P� A a� A� O 4-0 H A o � w a _0 ° M a c6 O m v � O W 4-4 4-4 H W ct o � o W U o an O bj) ° �1-2 O �' 4-4 ° ° W ct 4-4 O a 04 O a N Z C/1 V1 bb 4-4 a� ° ct O U U o Q °03 Colo a CA U cf} O M III Mill III III III Mill III III III III IN III III Mill III I N O N CA N rl HIM O ca P� A a� A� o � H � o W O a E Q c6 w a O C: m v � O O H � H A w � a a � w h W03ZA blo 03 ct O ' O ConU Z 0 ct U 4 O ct cr � ¢ U �+ cr ct Cd 0 ct o $, —171 ct 03 U W r N � U ct W O O O O c� � � N a N U � O w w w w •V .0 .0 •, O bi) ct ct � � W � W � � •� � � 3 � � � � W Q.., W p.., ,� ,� ,� � °o •� W oo W CIO CIO CIO 171 a� 0 N M N O N CA N rl CA O ca A a� O O � � N O � E� a _0 W a Q Q Q ti ti n v1 CO q p cr a O m v � O v � H H E� (-A N N p„i a N N N � W N a)bb bb U U Q 73 CA 171 ct ct U ,� N "i N ct O 03 ct 171 17 z ct ci N N N N N N M M III MEN N O N N rl O ca p•i A� A � � a� u CA =,4 P- O N O � o �'0 m v � O p N N N N N N N N N N a N N N N N N N N N CIA M O U � O ^ M O� > ' UD U cI:3 P- N v, bJ) 4-4 by O ct $7, Q v ct 4-4 bb cu N o ': bQ �bQ O O v b 0 b-0 bQ b u O N '4 o 0 0 0 c ,� y U p O bA O O �, W n v G a vs N O O O O -� ,� N $7, ,� N CA