HomeMy WebLinkAbout2016-04-11-BOS-Packet-releasedSELEC T MEN'S MEETING
Mond ay, Ap ril 11, 2016
Selec tmen Meeting Room
6:00 PM
AGENDA
PUBLIC COMMENTS
Pub lic c o mments are allo wed fo r up to 10 minutes at the b eginning of eac h meeting. Eac h s p eaker is
limited to 3 minutes for comment. Memb ers of the Board will neither c o mment no r respond , o ther than to
as k q ues tions of clarific ation. Speakers are encouraged to notify the Selec tmen's Offic e at 781-698-4580
if they wis h to s peak during pub lic comment to assist the Chairman in managing meeting times.
SELECTMAN CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1.Liquo r Licens e Change - Lexington Golf Club (5 min.)6:00 PM
2.Approve Lexingto n Ridge-Avalo n Regulato ry Agreement (5 min.)6:05 PM
3.Update on Us e of HOME Funds (5 min.)6:10 PM
4.Artic le Pres entatio ns/Disc ussion/Pos itio ns (15 min.)6:15 PM
1. Article 10p - Parking Meter Replac ement
2. Article 2 - To urism Committee R ep o rt
3. Dis c ussion of Artic les befo re To wn Meeting as needed.
5.Center Streetsc ap e Des ign Review Ad Ho c Committee (10 min.)6:30 PM
1. Revis e Charge
2. Approve Membership
CONSENT AGENDA
1.Water and Sewer Adjus tments 6:40 PM
2.Proc lamation - Natio nal Pub lic Works Week 6:40 PM
3.Proc lamation - Natio nal Pub lic S afety Telecommunic ator's Week 6:40 PM
4.Us e o f the Battle Green - Old Guard Performance 6:40 PM
EXECUTIVE SESSION
1.Exemp tion 6: Co nsider Purchas e, Exc hange, Leas e or Value of R eal P ro p erty
(Belmo nt Co untry Club and 20 Pelham R o ad ) (15 min.)
6:45 PM
ADJOURN
1.Approximate Ad jo urn Time 7:00 PM
The next meeting of the Board o f Selec tmen is s ched uled fo r Wednes day, April 13, 2016, at 6:00
p .m. in the S electmen Meeting Room, Town Office Buidling, 1625 Mas s ac hus etts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and
subject to change.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Liquor License Change - Lexington Golf Club (5 min.)
PRESENTER:
Jo e Pato
ITEM
NUMBER:
I.1
SUMMARY:
Lexington Go lf C lub has s ubmitted all the nec es s ary paperwo rk needed to reques t ap p ro val fo r a change o f
manager, new offic er/direc tor o n their All Alc o holic C lub Liquo r Licens e. Attac hed is s o me of the info rmatio n.
Jus t fo und out that the letter of good s tand ing is only good fo r 90 d ays. Lexington Golf Club 's is d ated
11/15/15.
SUGGESTED MOTION:
Mo tion to app ro ve the applic ation reflec ting a c hange of manager and new offic ers /direc tors and is s ue an all
alcoho lic Club Liquo r Licens e to the Lexingto n Go lf Club, 55 Hill Street, subjec t to receiving an up d ated Letter
o f Good Stand ing.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:00 P M
ATTACHMENTS:
Des crip tion Typ e
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Lexington Ridge-Avalon Regulatory Agreement (5 min.)
PRESENTER:
Elizab eth (Liz) Rus t, Regional Ho using
S ervic es Offic e
ITEM
NUMBER:
I.2
SUMMARY:
Ms . Rus t will up d ate the Board o n a proposed affordable hous ing regulatory agreement for the Lexingto n
Ridge-Avalon p ro p erty on Waltham Street.
SUGGESTED MOTION:
Mo ve to ap prove and autho rize the Town Manager to s ign the b inding s id e letter and Regulatory Agreement fo r
the Lexingto n R id ge-Avalo n affo rd ab le ho us ing program.
FOLLOW-UP:
RHSO
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:05 P M
ATTACHMENTS:
Des crip tion Typ e
Cover memo and propos ed Regulatory Agreement Cover Memo
141 Keyes Road
Concord MA 01742
(978) 287-1090
www.RHSOHousing.org
info@RHSOhousing.org
Regional Housing Services Office
Serving Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston
April 5, 2016
To: Lexington Board of Selectmen
From: Elizabeth Rust
CC: Carl Valente
RE: Avalon Lexington Regulatory Agreement
The RHSO, on behalf of Lexington, has been working with Avalon since November 2015 to
draft a local Regulatory Agreement for the Avalon at Lexington project. This memo provides
an update on those efforts, and requests the Board to authorize execution by the Town Manager
for the final Regulatory Agreement and binding side letter.
Avalon at Lexington is located at 100 Lexington Ridge Dr.,
Lexington, MA 02421 off Waltham Street. It was permitted
through a Comprehensive Permit in 1990 with conditions
imposed by the ZBA. While the developer appealed to the
Housing Appeals Committee, in 1992 regarding the perpetual
affordable condition, the decision of the ZBA was affirmed and
the restriction is perpetual. There are 198 total units on
Lexington’s SHI, of which 56 (or 28%) are affordable and 142
market rate units. Of the affordable units 40 are affordable to 50% AMI (lower income)
households, and the remaining 16 to 80% (more moderate) AMI households.
The project obtained financing through the TELLER program, and was secured through a
Regulatory Agreement with MHFA, which was discharged in 2011 when the mortgage was
satisfied, and the Town became responsible the Monitoring Agent.
The Town, through the RHSO, monitors the project annually, and is compensated for those
efforts by Avalon. As part of the monitoring efforts, we proposed executing a local Regulatory
Agreement to confirm the terms of affordability for the low income units. While the project will
always require at least 28% of the units be ‘affordable’ units (as required in the Comprehensive
Permit under Chapter 40B), a Regulatory Agreement provides additional details regarding the
affordable component and responsibilities of the owner. This has been done in other Avalon
projects and seemed to provide a solid foundation for future monitoring.
From the beginning of this effort, Avalon has been open and receptive to working together, and
this is reflected in the current draft document, also assisted by their counsel, Goulson and Storrs,
and Lexington’s counsel, Anderson Kreiger (Kevin Batt). A drafted and reviewed Regulatory
Agreement has been finalized and is presented for your approval.
As we progressed through the project, during the review of the Comprehensive Permit for this
project, a detail of the conditions was highlighted.
1. PERCENTAGE OF AFFORDABLE UNITS
Lexington Ridge shall maintain 28% of its rental units for "low and moderate income"
households, defined by the EOCD as households earning less than 80% of the median
household income in the Boston Standard Metropolitan Statistical Area (SMSA). At least
20% of the units shall serve households earning less than 50% of the median income
141 Keyes Road
Concord MA 01742
(978) 287-1090
www.RHSOHousing.org
info@RHSOhousing.org
Regional Housing Services Office
Serving Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston
in the SMSA if the development is financed under the TELLER program or otherwise
uses tax-exempt bonds and/or low-income housing tax credits.
The interpretation of this condition (by the Avalon team) is that once the development is no
longer financed under the TELLER program, there is no longer a requirement to provide the
lower income units (20% of the units to households at 50% AMI), and they are able to meet the
requirement of the permit by providing all 28% (56 units) affordable to 80% AMI..
Avalon proposes to start transitioning these very low income (50% AMI) units to low income
(80% AMI) units, as smoothly as possible. Note that Lexington would not lose the units from
its affordable housing stock, and would also not lose the units from the SHI.
Of the 40 units to transition, there are 8 with Section 8 vouchers. Avalon proposes to transition
the units with vouchers (8 units) upon the end of the current lease. There is no financial impact
to the tenants. The remaining 32 non-Section 8 residents at 50% would not transition to 80%
until either (i) they move out or (ii) they no longer qualify for the program.
The general potential annual rent increase after the completion of the transition (using 2016
figures) is $23,028.
2016 Gross
Rents
50%
Rent
80%
Rent Difference # Units Rent
Increase
2BR $1103 $1643 $540 23 $12,420
3BR $1275 $1899 $624 17 $10,608
40 $23,028
Avalon has provided two draft documents for the Town to execute. One is the Regulatory
Agreement which confirms the details of the affordable units, and the other is an enforceable
binding side letter, which describes the transition of the units from 50% AMI to 80% AM.
The Town has little leverage on these documents. The Regulatory Agreement project was
initiated by us, and the draft meets the basic requirement. The binding side letter outlines a
condition authorized by the permit, and Avalon could presumably go forward even without the
Town approval.
We recommend accepting the proposed Regulatory Agreement and binding side letter,
authorizing the Town Manager to execute the final documents.
[AVALONBAY LETTERHEAD]
February __, 2016
Town of Lexington
Board of Selectmen
1625 Massachusetts Avenue
Lexington, MA 02420
Re: Avalon at Lexington
Ladies and Gentlemen:
Reference is made to a Regulatory Agreement between Lexington Ridge – Avalon, Inc.
(“AvalonBay”) and the Town of Lexington (the “Town”) of even date with this letter agreement
(the “Regulatory Agreement”). Capitalized terms used but not defined in this letter agreement
shall have the meanings given to them in the Regulatory Agreement.
Pursuant to the terms of the Comprehensive Permit and the Regulatory Agreement, twenty
eight percent (28%), or fifty-six (56) of the total number of units in the Development, are
required to be Affordable Units. As of the date hereof, and in accordance with the requirements
of the Comprehensive Permit while the MHFA Agreements were in effect, 20% of the units in
the Development (i.e. 40 units) are occupied by persons or families earning no more than fifty
percent (50%) of the applicable area median income (“AMI”), with maximum rentals based on
such 50% AMI levels. Such units are referred to as the “Current Low Income Units.” The
remaining sixteen (16) affordable units are currently occupied by persons or families earning no
more than eighty percent (80%) of the applicable area median income (“AMI”), with maximum
rentals based on such 80% AMI levels, adjusted for household size (such units being referred to
as “Moderate Income Units”).
As set forth in the Regulatory Agreement, the MHFA Agreements have expired and are no
longer in effect. Accordingly, under the terms of the Regulatory Agreement, AvalonBay and the
Town have agreed that all of the Affordable Units (i) will remain affordable in perpetuity (as
described in Section 10 of the Regulatory Agreement), and (ii) may hereafter be reserved,
marketed and leased as Moderate Income Units.
Notwithstanding the foregoing provisions of the Regulatory Agreement, AvalonBay and
the Town have agreed to the following with respect to the Current Low Income Units:
1. Of the Current Low Income Units, eight (8) units are currently occupied by
persons or families (the “Current HCVP Tenants”) who are participants in the so-called Section 8
Housing Choice Voucher Program (the “HCVP Units”). Upon the expiration of the current term
of the lease for each HCVP Unit, AvalonBay shall have the right to convert such unit to be
8688184.1
Moderate Income Units; provided, however, that the Current HCVP Tenants shall be permitted
to remain in such units under a lease renewal, provided they continue to qualify for Section 8
vouchers and are not in default under the terms of their leases.
2. Of each of the remaining thirty two (32) Current Low Income Units, for so long
as the current tenant(s) thereof (i) desire to remain in the unit, (ii) continue to qualify for
occupancy of such units by virtue of family income (i.e. with income of no more than 50% of
AMI); and (iii) are not in default of under the terms of the applicable lease, such unit will
continue to be made available to such tenant, with maximum rentals set based on 50% of AMI
adjusted for household size. Upon the earlier to occur of the date the tenant(s) in each such unit
either (x) moving out of such unit, or (ii) no longer qualifying for occupancy in such unit based
on income exceeding the 50% AMI level, AvalonBay shall have the right to convert such unit to
be a Moderate Income Unit.
3. During the transition period described in Paragraphs 1 and 2 above, the annual
filing made by AvalonBay with the Town pursuant to Section 3 of the Regulatory Agreement
shall include updated information as to the status of the Current Low Income Units (i.e. how
many of them remain as such and how many have been converted to Moderate Income Units).
Further, the Town’s enforcement rights under Section 7 of the Regulatory Agreement, and
remedies as set forth in Section 12 of the Regulatory Agreement, shall apply in all respects to
ensure AvalonBay’s compliance with the terms of this letter agreement.
Please indicate your agreement with the foregoing by signing a copy of this letter
agreement.
Very truly yours,
LEXINGTON RIDGE - AVALON, INC.
By:
Its
Hereunto duly authorized
ACKNOLWEDGED AND AGREED:
TOWN OF LEXINGTON
By: _________________________
Its
Hereunto duly authorized
2
8688184.1
REGULATORY AGREEMENT
This Regulatory Agreement (the "Agreement") made this __ day of _____, 20__ by
Lexington Ridge – Avalon, Inc., a Maryland corporation, with an address of 671 N. Glebe Road,
Suite 800, Arlington, Virginia 22203 (“AvalonBay”) and the Town of Lexington, a municipal
corporation duly organized under the laws of the Commonwealth of Massachusetts, with an
address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 (the “Town”), acting by
and through its Board of Selectmen.
BACKGROUND:
A. AvalonBay owns and operates a 198-unit rental development with related amenities
and improvements commonly known as “Avalon at Lexington” and having an address of 100
Lexington Ridge Drive, Lexington, Massachusetts (the “Development”). The Development is
located on land more particularly described on Exhibit A attached hereto (the “Property”).
B. The Development was developed pursuant to a comprehensive permit issued under
M.G.L. c. 40B and its implementing regulations (collectively, “Chapter 40B”) by the Lexington
Zoning Board of Appeals on December 14, 1990 and upheld by the Massachusetts Housing
Appeals Committee on June 25, 1992 in Case 90-13, and modified by the Lexington Zoning Board
of Appeals on March 26, 1993. The foregoing are collectively referred to herein as the
“Comprehensive Permit”.
C. AvalonBay has repaid in full the loan in the original principal amount of $15,660,000
(the “Loan”) funded by revenue bonds issued by the Massachusetts Housing Finance Agency
(“MHFA”), which Loan was secured by, among other things, (i) that certain Mortgage, Security
Agreement, and Assignment of Rents and Leases with respect to the Property dated as of
November 17, 1994 from AvalonBay to MHFA, which was recorded in the Middlesex South
Registry of Deeds (the “Registry”) in Book 25045, Page 413, and amended by a First Amendment
to Multifamily Mortgage, Assignment of Rents and Security Agreement dated January 25, 1995,
and recorded in Book 25147, Page 302; as assigned by Assignment to Multifamily Mortgage,
Assignment of Rents and Security Agreement dated January 26, 1995, and recorded in Book
25147, Page 304; and as amended by a Second Amendment to Multifamily Mortgage, Assignment
of Rents and Security Agreement dated February 3, 1995, and recorded in Book 25181, Page 325;
and (ii) that certain Assignment of Lease and Subsidy Contracts between AvalonBay and MHFA
dated November 17, 1994, and recorded in Book 25045, Page 488. The foregoing are collectively
referred to herein as the “MHFA Security Documents”.
D. In connection with the Loan, AvalonBay and MHFA also entered into (i) a certain
Regulatory Agreement dated as of November 17, 1994, which was recorded with the Registry in
Book 25047, Page 438 (the “Regulatory Agreement”), and (ii) that certain Land Use Restriction
Agreement dated as of November 17, 1994, which was recorded with the Registry in Book 25047,
Page 474 (the “Land Use Restriction Agreement”). The Regulatory Agreement, the Land Use
Restriction Agreement and the MHFA Security Documents are sometimes collectively referred to
herein as the “MHFA Agreements.”
E. The MHFA Agreements, among other things, were discharged by an instrument dated
July 29, 2011 which was recorded with the Registry in Book 57242, Page 502 (the “Discharge”).
Accordingly, the MHFA Agreements are no longer in force and effect.
F. The MHFA Agreements, among other things, set forth certain requirements with
respect to low or moderate income housing to be provided as part of the Development.
G. In light of the termination of the MHFA Agreement, the Town and AvalonBay wish
to memorialize their understanding as to affordability requirements that will continue to apply to
the Development so long as any portion of the Development or Property continues to be used as
multi-family housing pursuant to the Comprehensive Permit.
NOW THEREFORE, in consideration of the agreements and covenants hereinafter set
forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, AvalonBay and the Town hereby agree and covenant as follows:
1. To the maximum extent permitted by law, throughout the term of this Agreement,
AvalonBay shall reserve, market and lease (or if a conversion occurs, sell), as “low or moderate
income housing,” as that term is defined in M.G.L. c. 40B, § 20, twenty eight percent (28%) of the
units (i.e. fifty six (56) of the current total number of units in the Development), to Low or
Moderate Income Persons or Families earning not more than eighty percent (80%) of the
applicable area median income (“AMI”), adjusted for household size, as determined by the U.S.
Department of Housing and Urban Development (“HUD”) and the Comprehensive Permit and this
Agreement. The units reserved for low or moderate income housing are sometimes referred to in
this Development as the “Affordable Units.” The term of this Agreement shall commence as of
the date the Loan was or is repaid in full and shall continue in perpetuity as may be permitted by
law, subject to the provisions of Section 9 below. In entering into this Agreement, the parties
intend for the restrictions, rights and obligations herein to be perpetual. To that end, if for any
reason this Agreement or any of the restrictions, rights or obligations contained herein shall be
deemed subject to sun-setting provisions, invalid, terminated, void or voidable on any grounds, or
other principles requiring duration less than perpetual, then AvalonBay and its successors, assigns
and transferees shall carry out all necessary measures to extend, adopt and/or renew the terms of
this Agreement to renew and extend this Agreement and otherwise to ensure that the Town holds
in perpetuity the rights and restrictions set forth herein for the benefit of the Town in a manner
consistent with the terms and intent of this Agreement.
2. For so long as this Agreement is in effect, the annual rental expense for each of the
Affordable Units shall be equal to the gross rent plus allowances for all tenant-paid utilities
(including tenant-paid heat, hot water and electricity) and shall not exceed thirty percent (30%) of
eighty percent (80%) of AMI, adjusted for household size (the “Maximum Rentals”). The
Maximum Rentals shall be determined on an annual basis by AvalonBay in accordance with the
rental determination regulations adopted by MHFA (or its successor agency), as the same may be
amended from time to time, and any policy regulations promulgated thereunder. If MHFA (or its
successor agency) ceases to promulgate any such regulations, then the Maximum Rentals shall be
determined based on substitute regulations and requirements of Massachusetts Department of
Housing and Community Development (“DHCD”), and if no such regulations or requirements are
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available, on substitute regulations of a federal or state governmental agency providing subsidies
for low or moderate income housing as shall be reasonably determined by AvalonBay, in order to
ensure the continued availability of the Affordable Units for the purposes specified herein and in
the Comprehensive Permit for the entire term of this Agreement.
3. AvalonBay will advise the Town’s Director of Planning (the “Director”) of any
revisions to the designation of any Affordable Units on an annual basis and will provide a copy of
its annual filing with MHFA to the Director with respect to the Development. The Affordable
Units will be intermingled with all other dwelling units in the Development and will be of a quality
comparable to the other units in the Development pursuant to MHFA’s practices as of the date of
this Agreement. Residents of the Affordable Units will have access to all common facilities of the
Development for use and enjoyment equal to that of other tenants.
If, after initial occupancy, the income of a household occupying an Affordable Unit
increases and, as a result of such increase, exceeds the maximum income permitted hereunder for
such household, AvalonBay shall not be in default hereunder so long as either (i) the household’s
income does not exceed one hundred forty percent (140%) of the maximum income permitted (in
which case the unit in question shall continue to be counted as an Affordable Unit), or
(ii) AvalonBay rents the next available unit at the Development as an Affordable Unit in
conformance with Section 1 of this Agreement, or otherwise demonstrates compliance with
Section 1 of this Agreement. Subject to Section 1 above, if a unit that formerly was an Affordable
Unit no longer qualifies as an Affordable Unit due to an increase in the income of the household
occupying such unit to an amount in excess of one hundred forty percent (140%) of the maximum
income permitted hereunder for such household, AvalonBay may charge a market rental rate for
such unit, provided that AvalonBay promptly and continuously markets and leases a different unit
or units that are not already Affordable Units as Affordable Units to mitigate the reduction in the
number of Affordable Units and to maintain the total number of Affordable Units at the
Development at twenty eight percent (28%) as required by Section 1 above.
Leases and occupancy agreements for Affordable Units shall meet the requirements of the
Comprehensive Permit Rules, this Agreement, and all applicable guidelines. AvalonBay shall
enter into a lease with each tenant for a minimum term of one year. Such leases shall contain
clauses, among others, wherein each resident of such Affordable Unit agrees and certifies
compliance with the accuracy of information provided. If the Town fails to respond to a
submission of the proposed schedule of rents for the Affordable Units within thirty (30) days of
the Town’s receipt thereof, the Town shall be deemed to have approved the submission.
4. In fulfilling its obligations under this Agreement, AvalonBay will accept referrals
of tenants from the public housing authority in the Town, and will not unreasonably refuse
occupancy to any prospective tenants so referred who met the requirements of any applicable
Tenant Selection Plan. In marketing and renting the Affordable Units, AvalonBay shall comply
with any Tenant Selection Plan and Affirmative Fair Housing Marketing Plan, which plans, as the
same may be amended, are incorporated herein by reference with the same force and effect as if
set out in this Agreement. Such plans may be established and updated in accordance with all
applicable guidelines now or then in effect. Notwithstanding the foregoing, in no event shall this
Agreement require AvalonBay to take any action which would result in a violation of the federal
Fair Housing Act or any other applicable federal, state or local law, rule, ordinance, regulation or
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DWLIBDB\285297.v1-8804/13
requirement or which is inconsistent with any applicable guidelines, rules or regulations. Without
limiting the generality of the foregoing, there shall be no discrimination upon the basis of race,
creed, color, religion, disability, sex, sexual orientation, national origin, age or familial status in
the lease, use or occupancy of the Development.
5. AvalonBay will obtain, at the time of initial rental and on each anniversary of the
rental during the term of such rental, and maintain on file Certifications of Tenant Eligibility with
respect to the Affordable Units in substantially the form that were used during the period that the
MHFA Agreements were in effect. Such Certifications shall be filed with the Director by
attachment to the designation of Affordable Units required by Section 3 above. AvalonBay shall
make good faith efforts to verify that the income provided by an applicant in an income
certification is accurate.
6. Subject to the terms hereof, the Development may be converted from a rental
development to a home ownership development upon approval by the Town in accordance with
the provisions of Condition III.4 of the Comprehensive Permit. In the event of such a conversion,
AvalonBay shall execute and record all necessary documents (including but not limited to deed
restrictions on the unit deeds for the Affordable Units which will be subject to the affordability
restriction and/or affordable housing restrictions approved by DHCD pursuant to G.L. c. 184) to
ensure that the affordability restriction as to such units will continue in force for the entire term
hereof, in accordance with the terms relative to qualifying purchasers and maximum sales prices
for initial sales and re-sales in accordance with the regulations promulgated by MHFA (or, if
MHFA has ceased to promulgate any such regulations, then such terms shall be determined based
on substitute regulations and requirements of DHCD, and thereafter of a federal or state
governmental agency providing subsidies for low or moderate income home ownership as shall be
reasonably determined by AvalonBay). In addition, in the event of such a conversion, AvalonBay
shall establish a mechanism (such as provisions in the master deed of the condominium if the
Development is converted to a condominium) which shall provide for the maintenance of the
subject premises, including, but not limited to, roadway maintenance and repair, snow plowing,
trash removal / recycling pick-up and any other amenities relating to the Development.
Further, in the event of the conversion of the Development to a home ownership project, a
Deed Rider shall be attached to the each Affordable Unit. Such Deed Rider shall be in a form
which is reasonably acceptable to the Town, DHCD and any federal or state subsidizing agency
providing a subsidy in connection with such conversion to a home ownership project. If such
conversion includes the creation of a condominium, substantially similar restrictions as are in the
Deed Rider shall be contained within the master deed for such condominium.
7. The Director shall represent the interests of the Town concerning the enforcement
of the terms and conditions of this Agreement. As such, the Director and any person(s) designated
by her (whether such person(s) are employees of the Town or agents acting on behalf of the
Director or the Town) shall be the person authorized to monitor AvalonBay’s compliance with the
terms and conditions of this Agreement. AvalonBay will maintain complete and accurate records
pertaining to the Affordable Units, and during reasonable business hours and upon reasonable
notice, will permit the Director and any person(s) designated by her to inspect the books and
records of AvalonBay pertaining to the Affordable Units.
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8. This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the
parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect
the validity of the remaining portions hereof.
9. All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when delivered by hand or when mailed by certified or registered mail, postage
prepaid, return receipt requested, or by reputable overnight courier (such as Federal Express), to
the parties hereto at the addressee set forth below, or to such other place as a party may from time
to time designate by written notice:
To AvalonBay:
AvalonBay Communities, Inc.
Attn: Joanne Lockridge, Senior Vice President - Finance
1499 Post Road
Second Floor
Fairfield, Connecticut 06824
Phone: (203) 319-4926
E-mail: joanne_lockridge@avalonbay.com
with copies to:
AvalonBay Communities, Inc.
Attn: Legal Department
Ballston Tower, 671 N. Glebe Road, Suite 800
Arlington, VA 22203
Telephone: (703) 317-4767
E-mail: alan_adamson@avalonbay.com
and to:
Goulston & Storrs
Attn: Steven Schwartz, Esq.
400 Atlantic Avenue
Boston, MA 02110
Telephone: (617) 574-4147
E-mail: sschwartz@goulstonstorrs.com
To Town:
Town of Lexington
Department of Planning
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DWLIBDB\285297.v1-8804/13
1625 Massachusetts Avenue
Lexington, MA 02420
Telephone: (781) 862-0500
E-mail: ___________________
10. This Agreement and all of the covenants, agreements and restrictions contained
herein shall be deemed to be an affordable housing 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, in perpetuity. This
Agreement is made for the benefit of the Town shall be deemed to be the holder of the affordable
housing restriction created by this Agreement. The Town has determined that the acquiring of
such affordable housing restriction is in the public interest. Notwithstanding the foregoing or
anything in this Agreement to the contrary, the term of this Agreement shall expire, and this
Agreement shall be of no further force and effect, at such time as no portion of the Development
or Property is any longer used as multi-family housing pursuant to the Comprehensive Permit.
Further, this Agreement shall terminate and be of no further force and effect with respect to all the
Affordable Units to the extent that the provisions of Chapter 40B (or any amendment or successor
statute thereto) no longer require that any of the units in the Development be restricted for low and
moderate income housing.
11. AvalonBay intends, declares and covenants on behalf of itself and its successors
and assigns, and the parties hereto agree (i) that this Agreement and the covenants, agreements and
restrictions contained herein shall be and are covenants running with the land, encumbering the
Development for the term of this Agreement accepted by the Town by its execution of this
Agreement, and are binding upon AvalonBay's successors in title, (ii) are not merely personal
covenants of AvalonBay, and (iii) shall bind AvalonBay, its successors and assigns for the term of
the Agreement, and shall inure to the benefit of the parties hereto and their respective successors
and assigns. AvalonBay hereby agrees that any and all requirements of the laws of the
Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to
constitute restrictions and covenants running with the land shall be deemed to be satisfied in full
and that any requirements of privileges of estate are also deemed to be satisfied in full. AvalonBay
shall cause this Agreement to be recorded in the Registry. AvalonBay shall pay all fees and
charges incurred in connection with such recording or filing.
12. If any default, violation or breach by AvalonBay is not cured within thirty (30) days
after notice to AvalonBay thereof (or such longer period of time as is reasonably necessary to cure
such a default so long as AvalonBay is diligently and continuously prosecuting such a cure), then
the Town may take one or more of the following steps: (a) by mandamus or other suit, action or
other proceeding at law or in equity, require AvalonBay to perform its obligations under this
Agreement; (b) have access to, and inspect, examine and make copies of all of the books and
records of AvalonBay pertaining to the Development; or (c) take such other action at law or in
equity as may appear necessary or desirable to enforce the obligations, covenants and agreements
of AvalonBay under this Agreement. If the Town brings any claim to enforce this Agreement, and
the Town finally prevails in such claim, AvalonBay shall reimburse the Town for its reasonable
attorneys’ fees and expenses incurred in connection with such claim.
-6-
DWLIBDB\285297.v1-8804/13
13. Recognizing that each party may find it necessary to establish to third parties, such
as accountants, banks, potential or existing mortgagees, potential purchasers or the like, the then
current status of performance hereunder, either party on the request of the other party made from
time to time, will promptly furnish to the requesting party a statement of the status of any matter
pertaining to this Agreement, including, without limitation, acknowledgments that (or the extent
to which) each party is in compliance with its obligations under the terms of this Agreement.
14. if the Development, or any part thereof, shall be damaged or destroyed or shall be
condemned or acquired for public use, AvalonBay shall have the right, but not the obligation, to
repair and restore the Development to substantially the same condition as existed prior to the event
causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the
Development in accordance with the terms of this Agreement. Notwithstanding the foregoing, in
the event of a casualty in which some but not all of the buildings in the Development are destroyed,
if such destroyed buildings are not restored by Developer, Developer shall be required to maintain
the same percentage of Affordable Units [i.e. 28%] of the total number of units in the
Development.
(Signatures on following page)
-7-
DWLIBDB\285297.v1-8804/13
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as a sealed instrument as of the date first above written.
AVALONBAY:
LEXINGTON RIDGE - AVALON, INC.
By:
Its
Hereunto duly authorized
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of
________________, 2016, by ______________________, the ____________________ of
Lexington Ridge - Avalon, Inc., for and on behalf thereof, and acknowledged to me that s/he
signed it voluntarily for its stated purpose.
Notary Public
My commission expires:
(SEAL)
-9-
DWLIBDB\285297.v1-8804/13
TOWN:
TOWN OF LEXINGTON
By:
Its
Hereunto duly authorized
COMMONWEALTH OF MASSACHUSETTS )
) ss:
COUNTY OF MIDDLESEX )
On this _______ day of _____________, 2016 before me, the undersigned notary public,
personally appeared __________________, proved to me through satisfactory evidence of
identification, which were ____________________________, to be the person whose name is
signed on the preceding document, as __________________ of the TOWN OF LEXINGTON,
and acknowledged to me that s/he signed it voluntarily for its stated purpose.
Notary Public
My commission expires:
(SEAL)
-10-
DWLIBDB\285297.v1-8804/13
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Use of HOME Funds (5 min.)
PRESENTER:
Elizab eth (Liz) Rus t, Regional Ho using
S ervic es Offic e
ITEM
NUMBER:
I.3
SUMMARY:
Ms . Rus t will up d ate the Board o n the us e of federal HOME funds to b e us ed fo r a p o rtion of the purchas e
p rice fo r the Keeler F arm affordable hous ing p ro p erty.
SUGGESTED MOTION:
NA
FOLLOW-UP:
RHSO will prepare materials fo r required public hearing.
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:10 P M
ATTACHMENTS:
Des crip tion Typ e
Status Memo from RHSO Cover Memo
141 Keyes Road
Concord MA 01742
(978) 287-1090
www.RHSOHousing.org
info@RHSOhousing.org
Regional Housing Services Office
Serving Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston
To: Lexington Board of Selectmen
From: Elizabeth Rust, RHSO
CC: Carl Valente
Re: HOME Project – Keeler Farm Way
Date: April 6, 2016
This memo introduces the Keeler Farm HOME project and requests the Board
support for the use of Lexington HOME funds.
The Keeler Farm project was just awarded CPA funds at 2016 Town Meeting.
The purchase price is $185,000. We are proposing to utilize Lexington’s
HOME funds for the project with the balance to come from CPA.
The HOME proposal is to grant ~$70,000 to LexHAB for the purchase at
Keeler Farm Way which is comprised of the entire FY16 Program Funds, and the anticipated
entire FY17 Program Funds expected to be available this summer. The City of Newton has
preliminarily agreed to ‘lend’ Lexington funds to bridge the timing for the funds.
Keeler Farm, located on 4.27 acres at 71 & 79 East Street, was awarded a Balanced Housing
Special Permit Residential Development in 2011 (recorded at Book 57864, page 283) to create
nine units, with one affordable units. The existing barn at 71 East Street has been renovated into
a 1024 sf 2-bedroom affordable housing unit. The unit was offered to LexHAB to purchase the
unit and operate it as rental housing. LexHAB plans to acquire this unit and operate it as rental
housing for a household at 60% of the Boston-Cambridge-Quincy Area Median Income.
With the Board’s vote of support, we will complete the required administrative activities and
return to the Board so that the funds can be committed by the Consortium deadline June 30,
2016. We still have work to complete in terms of finalizing the project cost, completion of the
Environmental Review, final approval by Newton to borrow the funds, final amount for FY17
and completion of the various legal documents including the affordable housing restriction.
The commitment of these HOME funds requires a publically noticed hearing to satisfy
Lexington’s public participation process. This hearing with the Selectmen will be held to
review the materials and obtain approvals for the project, including:
Substantial amendment to the Lexington Annual Action Plan to fund Keeler Farm, and
to allocated Lexington’s FY16 funds to the project
Memorandum of Understanding to ‘borrow’ HOME funds from Newton and repay those
from the FY17 funds when awarded by HUD this summer.
HOME Funding Agreement and HOME Affordable Housing Restriction
LIP application – to add the unit to the SHI in perpetuity
Approval of this project is recommended:
HOME funds are best suited to fund rental projects.
The project will benefit from the HOME contribution by reducing the CPA funds.
Funding the project provides the opportunity to utilize the Lexington funds during the
‘exclusive use’ period.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article Presentations/Discussion/Positions (15 min.)
PRESENTER:
Jo e Pato
ITEM
NUMBER:
I.4
SUMMARY:
Ms . Tintoc alis will p res ent info rmation on the P arking Management.
Ms . Cic colo will pres ent the Article 2 reo rt on To wn-wide Proc es s for Safety
Ms . McKenna may p res ent the Touris m Report if they are ready.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:15 P M
ATTACHMENTS:
Des crip tion Typ e
Article 10p Pres entation Backup Material
Article 2 - Town-wide Proces s for Safety (Article 45 of the 2015 Town
Meeting)Pres entation
Article Pos itions Backup Material
Article 10(p)
Parking Meter Replacement
ANNUAL TOWN MEETING 2016
LEXINGTON , MA
LAST YEAR
TOWN MEETING
APPROVED
$125,000
119 SPACES
83 = Massachusetts Ave.
16 = Waltham Street
11 = Meriam Street
9 = Depot Square
Upgrade Benefits
FOR VISITORS, RESIDENTS, & BUSINESSES:
Data Collection &
Reporting
Management
Efficiency
FOR TOWN:
Convenience
Parking Friendly
Options
Remaining
Meters to be
Replaced
Thank you
Board of Selectmen Report2015 Town MeetingArticle 45 Town-Wide Process for Safety
Article 45 – ATM 2014TOWN-WIDE PROCESS FOR SAFETYTo see if Town Meeting will vote to recommend that the Selectmen make it a priority to develop a town-wide process to improve safety for pedestrians and cyclists in a unified, efficient and speedy way; or act in any other manner in relation thereto.DESCRIPTION: This article requests a resolution encouraging the Town to make the process for citizens raising safety issues more simple.
Plan of Action•Administrative Changes & Policy Adoption•Committee Coordination•Data Collection & Information Sharing•Funding
Administrative Changes October 2014 - Board of Selectmen dissolved the Traffic Safety Advisory Committee (TSAC), replaced by a Town Manager appointed working group, the Transportation Safety Group (TSG).Department Staff LiaisonsPlanning BicycleAdvisory CommitteeEngineering Transportation Advisory CommitteeSchool Safe Routes to SchoolPolice Commission on Disability
Submit Safety Issueshttp://www.lexingtonma.gov/transportation-safety-group/pages/transportation-safety-requests
Policy AdoptionJune 17th, 2014 – School Committee approved Traffic Safety & Mitigation Policy“The goal of the School Committee Traffic Safety and Mitigation Policy is to improve safety by affecting driver behavior and the quality of life for residents, pedestrians, bicyclists, and motorists. In addition, it is to ensure that school traffic plans do not hinder quick response time for emergency service vehicles including fire trucks, police cars, ambulances, and large vehicles such as school buses and trucks used for providing essential municipal, school, and resident services.”
Policy AdoptionMarch 7th, 2016 - Board of Selectmen adopted a Complete Streets Policy“It is the intent of the Board of Selectmen to consider, as a matter of practice, the implementation of Complete Streets elements during the planning and design of capital projects so that they are safe for users of all ages and abilities. This policy guides decision-makers to consistently plan, design, and construct capital projects to accommodate all anticipated users.”
Committee Coordination•Board is continuing to explore the possibility of restructuring some existing transportation related committees. •Town Manager and School Superintendent have begun discussions regarding appropriate location for Safe Routes to School Coordinator•Bike Walk ‘N Bus Week•Continue Quarterly Transportation Forums•Transportation Safety Group assigned to:•Administer New Sidewalk Request Process•Re-evaluate Lexington’s Traffic Calming Policy•Support School Committee’s Traffic Safety & Mitigation Policy
Data Collection & Information SharingExample of Bicycle & PedestrianCrash History MapGPS Location of Bike RacksGPS Location of Bus Stops
www.lexingtonma.gov/transportation-safety-group/pages/transportation-safety-improvement-mapData Collection & Information Sharing
Data Collection & Information SharingFrom 2010 -2015•~9.6 miles of existing sidewalk were repaired or reconstructed•22 handicap ramps installed•~.9 miles of new sidewalk constructed •~2 miles of on-street bike accommodations striped•7 signalized intersections were serviced & upgraded •2 new signalized intersections installed
FundingBetween FYs 2008 and 2011, Town Meeting provided capital funding for “traffic mitigation” distinct from other transportation initiatives. Funding was appropriated to: Examples of Past Transportation ImprovementsoConducted a Town-wide Traffic Signal InventoryoInstallation of Crosswalk on Pleasant St near Worthen Rd EastoInstallation of Crosswalk on Worthen Rd near Stop & ShopoImplementation of Shade St Traffic Calming MeasuresoDevelopment of Survey Plans for Prospect Hill RdoPreliminary Traffic Analysis and Development of Concepts for Mass Ave & Worthen Rd IntersectionCollect Data & Perform Analysis ToReview Citizen Requests & Make Recommendations
ARTICLE POSITIONS 2016 SPECIAL AND ANNUAL TOWN MEETING ARTICLE SPECIAL TOWN MEETING 2016-3 PRESENTATION JP PK NC MC SB AC CEC SC Article 2 Appropriate for Middle Schools – Additions and Remodeling Yes Yes Yes Yes Yes Article 3 PEG Access and Cable Related Fund Acceptance IP Yes Yes Yes Yes Yes ARTICLE ANNUAL TOWN MEETING - FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 4 Appropriate FY2017 Operating Budget Yes Yes Yes Yes Yes Article 5 Appropriate FY2016 Enterprise Funds Budgets Yes Yes Yes Yes Yes Article 6 Appropriate for Senior Service Program Yes Yes Yes Yes Yes Article 7 Establish and Continue Departmental Revolving Funds and Special Revenue Fund Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 8 Appropriate the FY2017 Community Preservation Committee Operating Budget and CPA Projects: a) Munroe Tavern Archaeological Dig b) Munroe Center for the Arts Window Study c) Lexington Arts & Crafts Society Parsons Gallery Lighting Renovation d) Visitor Center Renovation e) Keeler Farm Community Housing Acquisition f) Greeley Village Rear Door and Porch Preservation g) Wright Farm Barn Needs Assessment and Feasibility Study h) Antony Park Construction Funds i) Minuteman Bikeway Wayfinding Signs Implementation j) Town Pool Renovation Design and Engineering Costs k) Park Improvements – Hard Court Resurfacing l) Granite Forest Pocket Park Construction at Lincoln Park m) Park Improvements – Athletic Fields n) Park and Playground Improvements o) Grain Mill Alley Design Implementation p) CPA Debt Service q) Administrative Budget 3/2 IP IP 3/30 3/30 bring back portion forward Yes Yes Wait Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes yes yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Wait Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Wait Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 9 Appropriate for Recreation Capital Projects Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 10 Appropriate for Municipal Capital Projects and Equipment a) Center Streetscape Improvements and Easements b) DPW Equipment c) Street Improvements and Easements d) Storm Drainage Improvements and NPDES Compliance e) Hydrant Replacement Program f) Comprehensive Watershed Storm Water Management Implementation g) Massachusetts Avenue – Three Intersections Improvements and Easements h) Sidewalk Improvements, Additions, Designs and Easements i) Town-wide Culvert Replacement j) Town-wide Signalization Improvements k) Cary Memorial Library Walkway Replacement l) Pleasant Street Sidewalk and Easements m) Replace Town-wide Phone Systems – Phase V n) Head End Equipment Replacement/ Packet Shaper – Phase V o) Election System Upgrade p) Parking Meter Replacement – Phase 2 q) Transportation Mitigation r) Ladder Truck Replacement s) Public Safety Radio Stabilization IP Yes Yes Yes Yes Yes Yes Recuse Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 11 Appropriate for Water System Improvements IP Yes Yes Yes Yes Yes Article 12 Appropriate for Wastewater System Improvements Yes Yes Yes Yes Yes
ARTICLE FIANNCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 13 Appropriate for School Capital Projects and Equipment Yes Yes Yes Yes Yes Article 14 Appropriate for School Zone Traffic Calming (Citizen Article) IP Yes Yes Yes Yes Yes Article 15 Appropriate for Public Facilities Capital Projects: a) Town-wide Roofing Program b) School Building Envelopes and Systems Program c) LHS Heating Systems Upgrade d) Municipal Building Envelopes and Systems e) Building Flooring Program f) Public Facilities Bid Document g) Diamond Middle School Renovations - Construction h) Clarke Middle School Renovations – Construction i) School Traffic Safety Improvements j) Security Camera Upgrade to Digital from Analog k) Munroe School Roof l) LHS Security Evaluation and Upgradem) LHS Guidance Space Mining – Design n) LHS Nurse Office and Treatment Space – Design o) LHS Fitness Center/Athletic Training Floor p) Fire Headquarters Exercise Room Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Article 16 Appropriate for Advice and Analysis – Getting to Net Zero 3/2 – wait for motion Yes Yes Yes Yes Yes Article 17 Victory Garden Way Acceptance Yes Yes Yes Yes Yes Article 18 Appropriate to Post Employment Insurance Liability Fund Yes Yes Yes Yes Recuse Article 19 Appropriate Bonds and Notes Premiums IP Yes Yes Yes Yes Yes Article 20 Rescind Prior Borrowing Authorizations Yes Yes Yes Yes Yes
ARTICLE FINANCIAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 21 Establish and Appropriate To and From Specified Stabilization Funds Yes Yes Yes Yes Yes Article 22 Appropriate to Stabilization Fund IP Yes Yes Yes Yes Yes Article 23 Appropriate from Debt Service Stabilization Fund Yes Yes Yes Yes Yes Article 24 Appropriate for Prior Years’ Unpaid Bills Unknown Article 25 Amend FY2016 Operating, Enterprise and CPA Budgets TBD Article 26 Appropriate for Authorized Capital Improvements TBD ARTICLE GENERAL ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 27 Establish Qualifications for Tax Deferrals 3/14 Yes Yes Yes Yes Yes Article 28 Accept Chapter 59, Section 2D of the MGL (Citizen Article) 3/14-IP Yes Yes Yes Yes Yes Article 29 Amend General Bylaws – Neighborhood Conservation Districts 3/7 Yes Yes Yes Yes Yes Article 30 Amend General Bylaws – Demolition of Buildings 3/21 Yes Yes Yes Yes Yes Article 31 Amend General Bylaws – Contracts and Deeds TBD Yes Yes Yes Yes Yes Article 32 Amend General Bylaws – Trees IP Article 33 Amend General Bylaws – Trees IP Article 34 Amend General Bylaws – Guns New resolution Yes No Wait Yes No Article 35 Lexpress Resolution 3/7 Resolution Wait Wait Wait Wait Wait ARTICLE ZONING/LAND USE ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 36 Amend Zoning Bylaw – National Flood Insurance District 3/7 Yes Yes Yes Yes Yes Article 37 Amend Zoning By-Law – Technical Corrections 3/7 Yes Yes Yes Yes Yes Article 38 Amend Zoning Map – Government-Civic District(s) 3/7 Yes Yes Yes Yes Yes Article 39 Amend Zoning By-Law – Maximum Height of Structures 3/14 Yes Yes Yes Yes Yes Article 40 Amend Zoning By-Law – Accessory Apartments 3/14 Yes Wait Yes Yes Yes
ARTICLE ZONING/LAND USE ARTICLES PRESENTATION JP PK NC MC SB AC CEC SC Article 41 Amend Zoning By-Law – Floor Area Ratio (FAR) 3/7 Yes No Wait Wait Wait Article 42 Amend Zoning By-Law – Two-Family Homes 3/14 Wait No No Yes No Article 43 Amend Zoning By-Law – Banking and Real Estate Service Uses in the CB District 3/14 & 4/6 Yes Yes Yes Yes Yes Article 44 Amend Zoning By-Law – Planned Development Districts 3/7 Yes Yes Yes Yes Yes Article 45 Amend Zoning By-Law - Brookhaven Abstain
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Center Streetscape Design Review Ad Hoc Committee (10 min.)
PRESENTER:
Mic helle Cic c o lo and S uzie Barry
ITEM
NUMBER:
I.5
SUMMARY:
Attac hed is a c o p y o f the p ro p o s ed c harge that I emailed to you on Thursd ay. If you have any additio nal
comments p leas e let me know before Mo nday's Meeting.
Also attached is a lis t o f names for ap p o intment to the Co mmittee.
SUGGESTED MOTION:
Mo tion to app ro ve the Center S treets cape Des ign R eview Ad Hoc Co mmittee c harge.
Mo tion to des ignate memb ers as Spec ial Munic ipal Employees .
Mo tion to app o int _____________________ to the Center Streetsc ap e Des ign Review Ad Ho c Committee.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:30 P M
ATTACHMENTS:
Des crip tion Typ e
Proposed Center Streets cape Des ign Review Ad Hock Committee Backup Material
List of Propos ed Members for Center Streets cape Des ign Review Ad Hoc
Committee
Backup Material
1
CENTER STREETSCAPE DESIGN REVIEW AD HOC
COMMITTEE
Members: 9 Members (6 liaisons, 1 Chair as non-voting facilitator)
Appointed by: Board of Selectmen
Length of Term: Upon completion of all recommendations to the Board of Selectmen
in accordance with the established deliverables schedule as outlined
below.
Meeting Times: As determined by the Committee.
Provide for a minimum of two evening meetings to solicit public comment
Description: To evaluate and make a recommendation on the various design elements
(excluding engineering items related to traffic) for the Center Streetscape
Project.
Vision: The Center Streetscape Project is envisioned as a capital improvement
effort that, when completed, will enable Lexington Center to achieve its
many objectives of providing an inclusive, vibrant, welcoming
environment. The project will do this by enhancing and preserving the
Center’s historic resources, addressing much needed maintenance, and
augmenting streetscape amenities to support and expand commerce,
tourism, and leisure activities. The project vision recognizes that all its
users - visitors, residents, and employees - must be able to safely and
comfortably access the center through all modes of transportation.
Mission: To ensure that Lexington Center continues to be the hub of Lexington’s
commercial, social and leisure activity, where all are welcome in the
celebration of Community.
The work of the Ad Hoc Center Streetscape Design Review Committee will include making
recommendations to the Board of Selectmen on the following design elements as presented by
the Town of Lexington Engineering Division in consultation/conjunction with the Center
Streetscape Project Consultant in the order listed:
• Sidewalks (material & width, pedestrian safety and convenience)
• Street Lighting (style)
• Buffers (stone walls, thin planters etc.)
• Seating (benches, tables, chairs)
• Bicycle amenities (racks, loops)
• Informational Signage
• Trash/Recycle Receptacles
2
• Planters (type, location)
• Landscaping (trees, shrubs, soil used)
• Educational and Interpretive Elements (wayfinding, historical interpretive
signage, markers, bollards, fencing etc.)
• Maintenance and upkeep
The Center Streetscape Project design phase has a defined scope of improving the safety and
accessibility for all modes of transportation (vehicular, pedestrian, bicycle, busses) on the
roadway and sidewalks within the defined Center Streetscape project area of Massachusetts
Avenue at Woburn Street westerly to Meriam Street (exclusive of the Battle Green Master Plan
area).
The Committee is reminded of the affirmative vote of the Spring 2015 Annual Town Meeting on
Article 42-Commission on Disability Request (149-10) and Article 45-Townwide Process for
Safety (160-0). The former vote called on the Town to utilize materials in sidewalk construction
that would minimize vibration and the latter vote directed the Town to focus efforts on
improving bicycle and pedestrian safety. The Committee is also reminded of the Town’s recent
Complete Streets policy adoption, a copy of which policy is attached.
Deliverables:
• Tier 1 by September 15th, 2016
o The sidewalk materials and widths of the various materials as well as the
decision on the south side newer sidewalk area.
o Lighting style (as this theme tends to carry through to other streetscape design
elements and the design, number of posts, heights, and costs can be
significantly impacted by style)
• Tier 2 by November 1, 2016
o Edging
o Roadway features
o Stone walls
o Granite posts, bollards and interpretive markers in pavement
o Structural soil
o Infiltration basin
• Tier 3 by December 15, 2016
o Amenities (tables and chairs)
o Thin planters
o Interpretive elements
o Trees
Criteria for Membership: The members shall consist of members of other committees.
Appointments will be made by the Board of Selectmen, who will also designate a Chairman who
will serve to facilitate the meetings but will not have a vote. One representative from each of the
following nine boards/committees will constitute this committee:
3
• Bicycle Advisory Committee
• Center Committee
• Commission on Disability
• Design Advisory Committee
• Historic Districts Commission
• Historical Commission
• Planning Board
• Tourism Committee
• Tree Committee
Staff Support: The Town Engineering Division will provide staff support to the committee.
Ex Officio/Liaisons (non-voting):
• Appropriations Committee
• Capital Expenditures Committee
• Lexington Chamber of Commerce
• Lexington Field and Garden Club
• Lexington Historical Society
• Lexington Retailers Association
Prior to serving as a member of this Committee, appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to
continue to serve on the Committee the member must acknowledge annually receipt of
the Summary of the Conflict of Interest Statute. Said summary will be provided by and
acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line training
requirement required by the Conflict of Interest statute. Further, to continue to serve on
the Committee, the member must acknowledge every two years completion of the on-line
training requirement.
Ref: Adopted by the Board of Selectmen on February 22, 2016. Amended on April 6, 2016.
Board of Selectmen voted to designate as Special Municipal Employees on February 22,
2016.
Proposed Center Streetscape Design Review Ad Hoc Members:
Chair Howard Levin
Bicycle Advisory Committee Peggy Enders
Center Committee Pam Shadley
Commission on Disability Victoria Buckley
Design Advisory Committee Timothy Lee
Historic Districts Commission Anne Eccles
Historical Commission Wendall Kalsow
Planning Board Nancy Corcoran-Ronchetti
Tourism Committee ----
Tree Committee John Frey
Liaisons:
Appropriation Committee Beth Masterman
Capital Expenditures Committee Wendy Manz
Chamber of Commerce Ada Wong
Historical Society David Wells
Field and Garden Club Meg Himmel
Retailers Association Eric Michelson
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Water and Sewer Adjustments
PRESENTER:
David J Pins onneault
ITEM
NUMBER:
C.1
SUMMARY:
Adjus tments to Water & S ewer as rec o mmend ed by WS AB 3/17/16 ($60,042.02)
SUGGESTED MOTION:
Mo tion to app ro ve the Water & S ewer ad jus tments as no ted ab o ve.
FOLLOW-UP:
Treasurer/Collec tor
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:40 P M
ATTACHMENTS:
Des crip tion Typ e
BOS 4-11-16 WSAB 3-17-16 Cover Memo
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proclamation - National Public Works Week
PRESENTER:
Jo e Pato
ITEM
NUMBER:
C.2
SUMMARY:
You are b eing as ked to s ign the p ro clamation for Natio nal Pub lic Wo rks Week.
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
Selec tmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:40 P M
ATTACHMENTS:
Des crip tion Typ e
Proposed Proclamation for National Public Works Week Backup Material
Town of Lexington, Massachusetts
OFFICE OF SELECTMEN
JOSEPH N. PATO, CHAIRMAN
PETER C.J. KELLEY
NORMAN P. COHEN TEL: (781) 698-4580
MICHELLE L. CICCOLO FAX: (781) 863-9468
SUZANNE E. BARRY
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 BOARD OF SELECTMEN of the Town of Lexington,
Massachusetts, do hereby proclaim the week of May 15 to 21, 2016 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 11th of April 2016.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proclamation - National Public Safety Telecommunicator's Week
PRESENTER:
Jo e Pato
ITEM
NUMBER:
C.3
SUMMARY:
You are b eing as ked to s ign the Natio nal Public S afety Telecommunic ator's Week P ro clamatio n.
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:40 P M
ATTACHMENTS:
Des crip tion Typ e
Proposed Proclamation for National Public Safety Telecommunicator's Week Backup Material
Town of Lexington, Massachusetts
OFFICE OF SELECTMEN
JOSEPH N. PATO, CHAIRMAN
PETER C.J. KELLEY
NORMAN P. COHEN TEL: (781) 698-4580
MICHELLE L. CICCOLO FAX: (781) 863-9468
SUZANNE E. BARRY
Proclamation
Whereas: emergencies can occur at any time requiring police, fire or emergency medical services;
Whereas: when an emergency occurs the prompt response of police officers, firefighters and
paramedics is critical to the protection of life and preservation of property;
Whereas: the safety of our police officers and firefighters is dependent upon the quality and accuracy
of information obtained from citizens who contact the Town of Lexington, Massachusetts
Public Safety Dispatch Center;
Whereas: Public Safety Dispatchers are the first and most critical contact our citizens have with
emergency services;
Whereas: Public Safety Dispatchers are the single vital link for our police officers and firefighters by
monitoring their activities by radio, providing them information and insuring their safety;
Whereas: the Public Safety Dispatchers of the Town of Lexington have contributed substantially to the
apprehension of criminals, suppression of fires, treatment of patients and comfort to resident
callers;
Whereas: in calendar year 2015, the Town of Lexington Dispatch Center logged 15,748 police, fire
and ambulance calls. These included 2,150 medical calls requiring a dispatcher to adhere to
strict Emergency Medical Dispatching protocols. In FY 2015 the Dispatch center received
approximately 30,000 telephone calls, including 5,800 emergency 9-1-1 calls;
Whereas: each Public Safety Dispatcher has exhibited compassion, understanding and professionalism
during the performance of their job in the past year;
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts
do hereby proclaim the week of April 10 to 16, 2016 as:
National Public Safety Telecommunicator's Week
in the Town of Lexington and call upon all citizens to join us in recognizing the Town of Lexington
Public Safety Dispatchers whose diligence and professionalism keep our town and citizens safe.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith
on the 11th of April 2016.
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Use of the Battle Green - Old Guard Performance
PRESENTER:
S uzie Barry
ITEM
NUMBER:
C.4
SUMMARY:
See attached req ues t from the To wn Celeb ratio ns Committee regarding an Old Guard Performance.
SUGGESTED MOTION:
Mo tion to app ro ve the c o nsent agend a.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:40 P M
ATTACHMENTS:
Des crip tion Typ e
TCC Reques t for Old Guard Performance Backup Material
AGENDA ITEM SUM M ARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Exemption 6: Consider Purchase, Exchange, Lease or Value of Real Property (Belmont
Country Club and 20 Pelham Road) (15 min.)
PRESENTER:
Carl Valente; Jo e P ato
ITEM
NUMBER:
E.1
SUMMARY:
Sugges ted motio n fo r Exec utive Session: Move th a t the B oard g o into Executive S ession under Exemption 6 ,
to con sid er th e purchase, exch a n g e, lease or valu e of rea l p roperty (Belmont C ountry Clu b parcel in
Lexin g ton an d 20 P elham R oad) and to reconvene in Op en Session only to adjourn . Further, that as
Chairman, I decla re th a t a n op en meeting may h a ve a d etrimenta l effect on th e negotia tin g position of the
Town.
1. Up d a te on Belmont Country Clu b pa rcel a n d discussions with Montessori S ch ool.
2. Up d a te on 20 P elham Road p a rcel
SUGGESTED MOTION:
NA
FOLLOW-UP:
Town Manager's Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/11/2016 6:45 P M