HomeMy WebLinkAbout2023-07-24 SB Packet - Released SELECT BOARD MEETING
Monday, July 24, 2023
Select Board Meeting Room, 1625 Massachusetts Avenue, Lexingtoii, MA 02420 - Hybrid Participation*
6:30 PM
AGENDA
EXECUTIVE SESSION
1. Exemption 6:Potential Land Acquisition 6:30pm
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 2 minutes for comment. Members of the Board will neither coininent nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698-
4580 if they wish to speak during public coininent to assist the Chair in managing meeting tunes.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board MemberAnnouncements and Liaison Reports
TOWN MANAGER REPORT
L Town Manager Weekly Update
CONSENT AGENDA
1. Application: One-Day Liquor License- Eastein Massachusetts Association of
Community Theaters (EMACT), 1605 Massachusetts Avenue
. EMACT's Annual DASH Gala and Awards Presentation
2. Approve Request for Designer Selection Policy
3. Approve Amendments to Semiquincentennial Comtnission(Le�50) Charge
4. Approve Select Board Meeting Minutes
• July 10, 2023 Select Board
5. Appointment of Election Officers for 2023-2024
• See Enclosed List Election Officer Candidates for
Appointment/Reappointme�rt-2023-2024
ITEMS FOR INDIVIDUAL CONSIDERATION
l. Discuss Resident Cemetery Fees 6:SSpm
2. Review and Approve Jack Maloney Billiard Room Sign at Lexington Community 7:OSpm
C enter
3. Acceptance of Bench Donations - Lincoln Park 7:lOpin
4. Approve Conservation Commission Acceptance of Land Donation&Authorize the 7:15pm
Town Manager to Take All Actions to Complete- 35 Hayes Lane, Parcels 1 & 2
5. Massachusetts Water Resources Authority(MWRA) Update on Current Project 7:20pm
and Upcoming Construction Contract & Request for Letter of Support Regarding
Massachusetts Bay Transportation Authority(MBTA) License/Easement
Application for Installation of Water Pipeline on Minuteman Bikeway
6. Discuss $275,000 State Earmark for Transportation Improvements 7:35pm
7. Discuss Hanscom Field Expansion Project 8:OSpm
8. Discuss Process for the Minuteman School Corninittee Lexington Representative 8:35pin
Appointment
9. Discuss Revisions to the Noise Bylaw B:SSpm
10. Review and Approve Response to Liquor License Violation-Aloft Lexington, 9:15pm
727A Marrett Road
ADJOURN
1. Anticipated Adjournment 9:20pm
Meefing Packet:https://le�ngton.novusagenda.com/agendapublic/
�Members of the public can attend the rneefzng fr�om their cornputer or tablet by clicking on
the following link at the time of the meeting:
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iPhone one-tap:
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Telephone:
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Meeting ID:924 8276 4382
P as scode: 380743
An Act Relative to Extending Certain State of Emergency
Accomodations:https://w�vw.mass.gov/the-open-meeting-law
The next regularly scheduled ineeting of the Select Board will be held on Monday, August 7, 2023
at 6:30pm via hybrid participation.
Hearing Assisfance Devices flvailable on Request "r' � ����
A77 agenda time and th�e order of�items are apprr�ximaXe and �
s��b�e�r ro oha��e. Recorded by�ezMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Announcements and Liaison Reports
PRESENTER: ITEM
NUMBER:
Select Board Members
LR.1
SUMMARY:
Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment
on any additional points or concerns. There are currently no written updates or announcements for the July 24,
2023 meeting.
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Town Manager Weekly Update
ITEM
PRESENTER: NUMBER:
Jim Malloy, Town Manager
T M.1
SUMMARY:
Attached please fmd the following weekly updates:
. July 14, 2023
. July 21, 2023
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
ATTACHMENTS:
Description Type
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Town of Lexington
Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: July 14, 2023
RE: Weekly Update
The following is an update of activities for the week ending July 14, 2023:
Town Mana e._ r�Updates:
• Aloft Liquor License violation- The Police Department confirmed this is the first violation for the
Aloft Hotel. According to the Select Board's policy, a first violation results in a written warning
that is placed in their licensing file (no hearing or other disciplinary action). The Board's policy is
attached.
• Attached please find the agenda tracicer for upcoming Select Board meetings.
Police De�artinent:
• Gas Powered Leaf Blowers (Noise Bylaw) -The Police Department has developed a process for
responding to Gas Powered Leaf Blower violations which include documenting the address,
company and employees at the scene. The PD hopes to gain compliance through education.
Landscapers/Homeowners are given a card outlining the new bylaw. If a company has been given
an educational warning, the next step is to issue a citation. There has also been a robust
educational campaign put on by the town through the Communications Director, Sustainability and
Resilience Officer and DPW Director. The Police Department strongly suggests that if residents
notice any violations, that they contact the Police Departinent. This way the Town can officially
document the incident which will make enforcement in the future easier. The Police Department
discourages residents from confronting landscapers or neighbors when they notice a violation.
Attached please find the boiler plate call log form used for these calls.
• Local Representative Michelle Ciccolo obtained earmarked funds from EOPSS (Executive Office
of Public Safety and Security) to explore adding unarmed mental health options to Lexington
Public Safety responses. LPD staff worked with representatives from EOPSS to come up with a
plan to acquire a Compassion Dog and a11 required equipment for the Lexington Police
Department. Over 40 police departments in Massachusetts utilize similar programs and find them
1625 MASSACHUSETTS AVENUE•LEXINCTON,MASSACHUSETTS 02420
to be overwhelmingly successful. Our plan will be to have the dog respond to incidents and be an
added resource for victims and witnesses and staff involved in traumatic events. Compassion dogs
have had great success in cases involving suicide attempts, child abuse, sexual assaults, school
incidents and mental health responses. In addition to being extremely calming to those involved in
events, compassion dogs have proven to neutralize negative perceptions of police and allows for
interviewers the opportunity to create a positive shift that leads to cooperation and communication
of events. They have also been shown to create a chemical reaction in the brain that acts as a
positive mood stabilizer and increases trust and the feeling of security. An added by product of the
program will be the exceptional opportunities for community engagement. The dog will be
brought to community events, regular school visits and other municipal departments. This dog can
also be a great resource for first responder critical incident and stress management for all public
safety staff in Lexington. We look forward to introducing the dog to the community when the
training is competed. The Police Chief would like to give special thanks to Carolyn Kosnoff and
her staff for their hard work and collaboration to ensure that very strict guidelines were met during
the procurement process.
Cary LibrarX:
• It's Summer Reading Time! Lots of great programs for adults, teens, and children happening at the
library. Check the�.������.._���������for all the happenings!
• Truck Day is Friday, July 21 9:30-noon in the library parking lot. Many thanks to Police,Fue, and
DPW for providing vehicles—it's the event of the summer! Mo's ice cream truck will be there with
free popsicles or ice cream sandwiches as well.
Land Use, Housin� and Development:
Planning
• On July 19, the Planning Board will open their public hearing on various Amendments to their
Regulations. The Planning Board's Zoning Regulations are being updated to reflect the new
zoning amendments adopted at Annual Town Meeting. The Amended changes will be in Novus for
the July 19 meeting and can be found here: I��:..: �o//��o�������ha�����o a�v/��31�1��'6�/�t��e���ic�c��s.
The hearing for the amendments is expected to begin 7-7:30 pm.
Recreation&Communit.�� rg ams:
In the News
• Lexington Recreation featured in the National Recreation and Park Association July issue
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Parks, Playg�ounds &Fields
• The Adams field is closed for preventative maintenance this summer, the hard courts surfaces
and playground remain open. An abutters letter has been mailed earlier in the season and
posted���aa���,.
Capital Projects
• The Lincoln Park Master Plan is neai�ng completion and the final stakeholders meeting and
Community meeting have been scheduled. The Community Meeting will be held via zoom on
August 9th. Abutters have been notified and the����a�� �v�f����has been updated. Additional
outreach will be through Link to Lexington,permit holders and the Sports Council in addition
to the Recreation August e-newsletters. In the early fall, the draft will be presented to the
Recreation Committee.
• The Hard-Court Reconstruction Project at Center Recreation Complex is moving along on
schedule. This week and next, laser grading will begin in preparation of installing the asphalt
at the basketball courts and preparation for the post tension concrete at the 10 tennis courts.
Aquatics
• The Splash PadlWading Pool at the Town Pool has had a new shade structure installed which
is a great addition to the facilit .
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Inclusion
• The ARC of Massachusetts has awarded LexRec Inclusion a$2,500 grant to support inclusion
and meaningful relationships. This grant funding is being used in our summer 2023 Leadership
In Training Program.
• The USTA has awarded LexRec Inclusion $1,000 grant to support adaptative tennis that will
be used throughout of the FY24.
BOARD OF SELECTMEN REGULATION
ALCOHOLIC BEVERAGES—ENFORCEMENT
Date Approved by BOS: Signature of Chair:
March 15, 2010 ��an�sa.� �• L�
I. PURPOSE AND SCOPE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic
beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency
for compliance with ABCC, and town regulations governing alcohol. The Police
Department also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive,but for education and to
ensure these regulations are consistently followed and applied. It is in the community's
best interest for all to understand the benefits of complying with the laws governing
alcohol.
II. APPLICATION
1. The licensee is responsible, whether present or not, for ensuring that no
disorder, disturbance, or illegality takes place in or on a licensed premises.
2. Violations may include, but not be limited to, service to an underage person,
sale or delivery to intoxicated persons,use of narcotics on the premises,
gambling, failure to meet any of the terms of the regulations of the Board of
Selectmen.
3. Periodically, the police conduct stings and checks at licensed locations for
compliance. When checics take place, the police shall use the guidelines from
the ABCC for compliance checks.
4. The following course of action will be tal�en upon violations occurring within
3 years: 1 st offense—written warning placed in the licensing file and required
training for personnel involved; 2nd offense—hearing before the Board of
Selectmen to determine action including suspension and revocation of license.
Circumstances may necessitate more serious consequences on any violations.
5. Violations of other rules and regulations will be brought to the attention of the
Board of Selectmen who shall determine whether or not a hearing is
necessary. In most cases, a hearing will be held to determine what, if any,
action should be taken.
6. All violations and complaints received about licensed establishments shall be
in writing and placed in the file of the licensee.
7. At the time of license renewal and/or changes to the license, the Board of
Selectmen will be made aware of any violations or complaints in the last three
years and may use that as a basis for action on the license renewal or change.
8. Upon notice of violations or complaints, the license holder shall provide to the
Board of Selectmen evidence of steps taken to address the violation or of
mitigating circumstances. Failure to respond could result in revocation or
suspension of liquor license. Information provided to the Board shall be
placed in the licensee's file and may be considered as a basis for action on the
license renewal or change.
9. The license holder has the right to appeal any decision of the Board of
Selectmen within five (5) days of the decision to ABCC.
III. BACKGROLTND
When violations occur to the rules and regulations regarding alcohol license, it is the
Board of Selectmen who is ultimately responsible for enforcing the regulations in
conjunction with the Police Department. This enforcement policy is intended to provide
guidance to alllicensees of their obligations and the consequences for not following
applicable laws and regulations.
IV. REFERENCE
Adopted by the Board of Selectmen October 4, 2004.
This regulation was amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Guide to Liquor Laws of the Commonwealth
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The Town has been approached from a
�crn�id�r Lancl Acquisiti�n 24�Ju1�23 15 resid�nt seeking the Tovun's inferest in
purchasing � portian of their property,
A��r�v���I��t ��arc� Housing Partnership �oard (corr�munity
C� itt�� �i t �r��� 24�Ju1�23 0 memb�rs x2}�m e►rrail serrf fa Jeri F, c�r� 6�30
re:feea'P�ack on a�Oplic�nts�t 6l2�meeting
��i t � t of Electi� 24�Ju1�23 0 Annual appts
Offi�ers f�r 2024�2024
D��igner��lecti�n P�licy This is a request to appr�ve the policy which
e �s t f�r �r�va l 24��Ju1�23 0 has previously been discussed by the Select
oard,
�������t������ The Commission is seeking to add four
� i i �� t�n ial 24�Ju1�23 p �ommunity Representatives, which vuould
increase the membership frarr� 11 ta 15
� I�sl° ( �xz � �r � members (timem�ensitive}
Approve Select Board Meeting �4sJu1�23 0 7/10/2023
Minutes
Recently the Tovvn�nras asked to reconsider a
i�c ss �si �nt e �t� non�resident fee for a former long�time
��� 24�Ju1�23 10 resident, Jill Hai suggested th� aard should
establish a general policy,
This has come before the Board previausly
J�ck I��lon�y �illi�rd R��rn and the �oard �sked to have the sign scaled
�I �vl� / ����I 24�Ju1�23 5 dawn (smaller}and ta came back for final
�K�K�rovaL
Melissa would like to attend 7/24 as she is
A��rc�v�l �f 3 ��n�h ��nati�sn� alredy coming for the naming of the billiard
�t Lir���lr� �ark 24-Ju1-23 � room. we received an email on 7/11 from
Melissa with the details
Approve Property Donation ;Requested by Karen Mullens, for S�to vofe
Agreement and Conservation ;fo approve the Approve �roperty Clonati�n
Commission Acceptance of the 24-Ju1-23 5 ;Agreement, �cceptance by the Conservatian
Property-35 Hayes Lane Commissic�n, and to authorize you t�take all
Parcel 1 &2 ,actions to camplete the donation,
�������1°� °� �����°� ���I� 24-Ju1-23 30 Discussion on the expansion plans at
Exp�n�i�n �rc�j��t Hanscom Airfield.
The Trar��pr�rtatir�n anag�r ar�d Engineering
�i��u��ic�r� �r� $275,000 5���� D�partment have submitted propo�als far the
r arr f�r r� � �rt�ti�n 24�Ju1�23 30 ,�275,000 earmark the Tovun received fram
;Irr��r�v�nn�nts ;fh� Legisl�ture far Tran�portatior�
Improvem�nts
Reappointment was pulled from 6/21,agenda
;for a future meeting date, Rleed discussion on
Discussi�r� �n Pr�c�ss f�r how to move foruvard with appoir�tment or
Nlinuteman S�hool ��r�r�itt�� 24�Ju1�23 20 reappointment of Minuteman �chaol
;A��ointrri�nt ;Committee� Lexington R�p, positian (current
;term expires 6/30� Judy to serve until
successar determined)
The Vi/arking Group working on updates ta
;Yhe Noise �ylav�✓to specifically address
��i�� ��I�� ���i�i�� conc�rns r�ised this year related ta
24�Ju1�23 20 cons�ruction activities has completed a draft
i�� ��i� ;that is ready far camments frorrr the Select
�oard befr�re beginning a cramrrrunity
engagernent pracess,
The Comcast renewal is in proce�s and the
�AC Pr���r�t�tion � ��rx�c��t CAC is going through the public comment
Li��n�� R�n�w�l 7�Aug�23 15 p�riod vuhich h�s included a public
���� � � pr�sentatian during a S�lect Baard meeting in
;the past, This item is that scheduled public
presentatian,
The Tree Gommittee has requested the Tawn
�i�����i�� �� ����t��� � Manag�r establish a Working Group to review
��°ki �� p t� �vi� � � 7�Aug�23 20 �h�Tree �ylaw Enforc�ment, The Select
Board appaints the Tree Comrnittee and
r�� yl� � f�r�� � t should discuss priar to th� �stablishment of
a�ny�lorking Group,
It has been several year� since the iealer's
�e�l�r�f 1N�ights �nd Fees have been increased and should be
Nl�a�u��s Prc��t���ei F�� 7��ug�23 10 increased based on other area cammunifies
;I �r�a�� ;and the region�lizing af the �e�ler which
came at a higher annual cost,
Dis�us�i�n on'Goal S�tting ,7vA��v23 3� '
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Town of Lexington
Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: July 21, 2023
RE: Weekly Update
The following is an update of activities for the week ending July 21, 2023:
Town Mana e._ r�Updates:
• Walnut Street Resident Traffic Concern - TSG is working to address safety issues on Walnut
Street. The two main complaints are large trucks getting stuck at the corner of Walnut and
Concord and speeding. Trucks are excluded on Concord Avenue from Pleasant Street to Waltham
Street. Trucks miss the exclusion signs at the corner of Pleasant and once on Concord the trucks
are turning onto Walnut to bail out. Walnut is too small for large trucks and they can't make the
turn and get stuck. The Town is adding "Truck No Turn" signs ahead of the truck exclusion signs
so that trucks are wai-ned ahead of time and can turn on Pleasant before the exclusion
begins. These will be installed as soon as they are manufactured.
For the speeding, we have already deployed the easy mitigation strategies such as a double yellow
line and speed feed-back signs. The police have put the big feedback trailer out in the past and will
continue to do so as it is available but space is limited where trailer can fit. About 2000 vehicles
travel on Walnut each day- about a 1000 in each direction and speeds are still high. TSG is
considering a pilot speed hump prograin similar to the program Dave Kucharsky initiated in
Salem. TSG is working through how such a program can worlc for Lexington and what the criteria
should be. Speed humps are often requested but are not appropriate on all roads and not all
residents will want them. TSG believes Walnut may be a potential candidate for speed
humps. However, the approach should be relatively level and Walnut is somewhat hilly. TSG will
engage a consultant to determine the best location, therefore any speed hump implementation
would not occur until next spring. TSG will provide the Select Board a recommended speed hump
policy once the initial engineering study is completed.
• Karen Tyler has accepted the position of District Veterans Director. Karen served in the US Army
as a Mental Health Specialist and has been the Eastem Essex Veterans District Director since 2015
and worked for the Town of Saugus as the HR Director and City of Newton as a Human Resources
1625 MASSACHUSETTS AVENUE•LEXINCTON,MASSACHUSETTS 02420
Coordinator previously. She also holds a Bachelors Degree in Sociology and a Masters Degree in
Public Administration. Her scheduled starting date is 8/14.
• Staff is working with the Lex250 Committee and has engaged MAPC to help coordinate the
Town's efforts to develop a monument to the 250t1i Amuversary, we have signed a contract using
existing funds for the Lex250 Committee for $25,020 to develop a call for artists and coordinate
the selection process with the Lex250 Committee and other stakeholders (attached is the contract
with MAPC). The Town has received an offer from a former resident to donate $250,000 toward
the monument. Currently the Committee is reviewing potential sites and will update the Select
Board as this process moves forward.
• Attached please find the agenda tracker for upcoming Select Board meetings.
Land Use, Housin� and Develo�ment:
Planning
• On July 19, the Planning Board opened the public hearing on amendments to their Regulations.
The Planning Board's Zoning Regulations are being updated to reflect the new zoning amendments
adopted at Annual Town Meeting. The hearing is continued to August 9, when we expect the
Board to conclude their review. The draft amended regulations are posted here:
�aa;�so�f�uw�v.��a�n�p�a�����.�a������3��2�,�.paud�n����
The Board's review of the revised Hartwell Area TMO-1 District Plan and the amended regulations
was continued to August 30 because there was not enough tilne to address all the regulations in the
same meeting.
• On July 20, the MPO voted to approve the region's Long-Range Transportation Plan Destination
2050. Thanks to the efforts of our elected officials, the Select Board, Towns of Bedford, Westford
and Carlisle, Hartwell Area Businesses—Boston Properties, Greatlands and Trammel Crow,
EDAC and Jim Malloy, Sandhya Iyer, and Sheila Page, the Bedford/Hartwell Complete Streets
Reconstruction Project is in the 2050 plan; slated for timeband FFY2029 -2033 for
$57,000,000. Everyone's efforts were greatly appreciated and needed. The Federal government
revised the LRTP inclusion requirements which could have excluded us, but given the amount of
public comment and regional interest in the project, the MPO wanted to provide assurance as
Lexington continues to invest and prepare for project implementation and decided to include our
proj ect.
Public Works:
• We have not had a smooth transition from EL Harvey to Capital Waste for our trash and recycling
collection contracts. There are a number of dumpsters that were pulled early by EL Haroey and
there are a number of sites that Capital has not furnished dumpsters yet. Staff is worl�ing through
this and hope to have all dumpsters in place by next week. It should also be noted that the call
center for Capital operates from 9:OOam to S:OOpm and the number is 1-617-291-5380.
• The Burlington water main project on Lowell Street is complete and they will be placing
permanent patch in the next few weeks. The road will be repaved next construction season with
funds coming froin Burlington that Lexington will oversee. The MWRA water main project
should be completed this fall with permanent patch occurring in the fall. It is hoped to get this
repaved next construction season.
• The culvert project on Waltham Street near the Clarke School will begin on the next few
weeks. The project will require Waltham Street to be closed for a period of time with detour traffic
going through the Clarke School. The project is scheduled to be completed before school begins.
• The AMI project is progressing with about 90% of the meters either retrofitted or replaced. Staff is
installing small and some intermediate meters and we will be soliciting bids for the final
intermediate and large meter installations. We have ended the contract with Thielsch
(WMS). There are 2,846 accounts using the "Eye on Water" feature (about 21%),
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The Town has been approached frorr� a resident
xe tion e Co si er L�n 2q.�Jul�23 15 �eeking the Tawn's interest in purchasing a portion
A�quisiti�n of their property,
A��r�v� �n�mD�y Liqu�r , EfVIACT's A�nual �P�SH �ala and Auvards
i��n�� � ��t�r �� J�I �� � Presentatiors 8/19 in C�r}e emari�l �uilding (alcohol
����� u��tt� ����i�ti�� o ' to be serv�d in the lobbies outsid� r�f �attin all and
� ity ��t�r� Est�brook Hall}
�si n�r �I�cti� �li�y This is a request to �pprov�the policy vvhich h�s
� est for �r�v I 24�Ju1�23 0 previously been discu�sed by the Select oard,
R�qu�st t�Arn�nd ;The �ommissian is seeking ta �dd faur Community
,�erniquin��nt�nnial ' 24�Ju1�23 0 ;Represen�atives, �n✓hich would increa�e the
� i��i� ( �x } ar � ' ;merrrb�rship frt�m 11 to 15 merrrb�rs (timemsensitive}
���r�v��e�ect ���rd nneeting
Nlinut�� ' 24�Ju1�23 0 7/10/2023
A��c�intrri�nt c�f El��ti�r� appointment made annually upor� rec�iving the
ffi��r�f�r 2 23�2 2 24�Ju1�23 0 r�quest frorn �caard of Registrars/"fr�wn Clerk
Rec�ntly the Town was ask�d to recon�ider a nan�
I�� ss �sl �r�t e ��� ' 24�Ju1�23 10 resident fee f�r a former long�tim� resident, o�rd
ee� ;members suggested the �oard should establish a
general policy,
Jack IVlal�n�y �illi�►rd Ft��rr� This h�s come before the �oard previously and the
I �vle � ����I 24�Ju1�23 5 �oard asked to have the sign scal�d down (smaller}
and to corne back for final approvaL
Melissa would like to attend 7/24 as she is alredy
Ap�rcaval of 3 ��n�h coming for the naming of the billiard room. we
��n�ti�r�s �t Lir�ccaln P�rk 24-Ju1-23 � received an email on 7/11 from Melissa with the
details
A��Sr�ee� C�r���rvatic�r�
G�rrerr�i��iorr ����pt�r��� e�f 7/11/2023 K, fVlullins em�il fa J, I�alleay for S� fa vate
� � atio t oriz�t e to approve the Apprave Proper�y Dorratian
� � � er to �k� II ' 24-Ju1-23 5 �greernent, �cceptanc� by the Conservation
;A�tion�tca Corxi�l�t� �35 �o�missian, and ta authorize you to take all actians
Fi�v�s Im�n�. ��r�els 1 � 2 to camplete the danation,
The MWR�, has approached th� Engineering,
Department to update the Select�oard an the
current constructian project and request a letfer of
NI18VI2A 12�qu��t to r��la�� support far undertaking a uv�ter line replacement
�t��li � 24�Ju1�23 15 proj�ct on Maple Street and �long the Minuteman
ikevvay from aple Street to the�rlington Tovvn
Line, (em�il J, Liv�ey to JM 6/13(2023, cc KK, JL to
have IVIWRA submi�le�fter/basic plan)
Di��us�i�n on $275,QQ0 St�t� The Trarrsp�artatian Nlanager and Engineering
r ar f�r ra s �rt�ti� ' 24�Ju1�23 3p ��partment have submitted proposals far the
Irrti�sr�v�rrr�nts $275,000 earmark the To�nrrr r�ceived frorrr the
Legisla�ure far Transporta�ian Improv�ments
i�� ��io n ansco i�l Discussion on the expansion plans at Hanscom
24-Ju1-23 30 .
Ex�r�nsicrn Prc�j��t Airfield.
Reappointment vvas pulled frarn 6/21 agend� for�
Dis�ussican �n Proc�ss f�r fufure meeting date, Rleed discussion on hovv to
in t� � c ool o ittee ' 24�Ju1�23 �p �ove forward�nrith appaintment or reappointment of
A���intrr��nt I�linutemarr School Committee� Lexington Rep,
position (current term expires 6/30 �Judy ta serve
un�il successar determined}
The Working Group working on updates�o the Noi�e
�ylaw to specifically address concerns raised fhis
N�i�� �yl�vv 12�vision year relafed to constructian activities has completed
I�� ��I� 24�Ju1�23 20 � draft that is ready for comments from the Select
Board before beginning a camrnunity engagement
process,
������������r��� update the �oard on Liqiuor License Vialatian that
Fte���ns�t� Liquor Lic�ns� ' 24�Ju1�23 5 occured on (?} at Alaft, review lefter that is the
iol�ti� � I�ft exi t� sfandard action far 1 st violation, �oard approval far
Ietter,
Housing �artner�hip �oard (community members
���rov���I��t �o�rd �2)�� email sen�fo Jeri F. on 6/30 re:fe�a'b�ck on
��rrtirrtitt���,�p�t�irrtm�r�ts 7�Aug�23 0 �pplicants af 6l29 meeting; nevv merv�bers of
��miquincentennial Cammission fallovving
recruifinent (x4 community members}
It has been several years sinc�th� Se�l�r's Fees
���I�r�f V1/�ight� �r��l have been incre�sed and should b� i�crea�ed based
��s r s rop��e �� ' 7��,ug�23 10 ;on ather area cammunities and the regionalizirrg of
In�r�a�� ;fhe Sealer which came at a higher annual cost,
� at� �n olic� tati� 7�Au 23 1d The HQC rneets on 8/3, this vvill be an update on the
��r��py Proj��t g� status of the project
� �st or �I�ct �r Jeff Hovvey submitted request on 2/6/23 seeking to
;�����v�l f��-�ui�rr�i�sian �f come before the Select �oard seeking approval to
li�atio of t � t� � 7�Aug�23 2d subrr�it ar� application far the �tone Building ta be
cansidered a� Rlatic�nal Landmark, 5/2/2023 Jim will
uil i ��� a�ti� �I i����ic send him ar� em�il regarding best process to bring
�r this to the raard
This is just an update to the Select Board on the
lJ�d�te th�S�lect �oard �n annual bike friendly report the Town receives with
the �ike Fri�r�cily Rep�rt Carcl ' �-Aug-23 10 recommendations on how to continue to make the
community more cycling friendly.
A�S��intrn�nt t�the IViinut�nn�n This i�a pl�ceholder depending on the �elect
� ��I o itt�� � ' 7�Aug�23 10 �oard's decisian on 7/24f23
�LACEFiOL�Ef�
ue��u�s prop���a upaat��'to �oug/Mark to present propased updates
�I��t �ar roc� ur��9
;P�li�i���ncl R�gulati�r�s ' 7�Aug�23 15
Nl�r�ual
[3is�ussicsn �r� Gra�l ��tti�g 7v�ugv2� �� ,
�r���ss
Housing Partnership �oard �Council an Aging
A��r�w�S�I�ct �oard 21�Au 23 0 �emb�r� COFl will be meeting on �/3 and�vill
�orrirriitte�Apg��ir�tmer�t � a'iscuss f6�is membershi�/rnake a recommendatian
for appoinfrr�en�
eeds to be advertised � Hearing � Inn at astings
��-����1��-���� �aq��r ,submitted an alteration af premise applicaiton far
Li�ens�Am�nclrn�nt� ;�heir liquor license to farmalize�he outdoor area to
Altera�ticrn of�r�mise/lJpd�te ' 21�Au 23 15 include the r�euv patia area they built, Their liquor
Li �r Li��ns� ��n iti�n� g� ;lic�nse is curren�ly cov�r�d at the present by�he
� �r i � t ��r state extensian far autdaor dir�ir�g ar�as to serve
i i � I �t �sti � �r ;alcholal ir� this �rea along vvith their local application
;for outdoar dining under the To�nrn IVlanager,
The Tree Cammittee ha� requested fhe Touvn
���������� �� ��,�����g � I�lanager�stabli�h a�(Vorking �raup to revievu the
orki ro p to evi� t � ' 21�Aug�23 2p Tree Bylaw Enfarcement, The Select Board appoints
the Tr�� Cornmittee and should discuss prior to the
T��� �yla�w a�r�d Enf�r��rr��nt ;establishment of�ny VVorking �roup,
PLACEHOLDER� t� �n Updat�, ar�d passible vate, an �chedule for F'atriots@
2 t a�ri�ts� �y �I�bra�i� ' 21�Aug�23 10 Day vv�ekend during the 250th Ar�niversary af the
� � I� ��ttle af Lexington
The Comcast renewal is in process and the GAC is
�LAC�H�L�E�CAC ,going through the public camm�nt periad v�ahich ha�
;Pre��ntation �Gorric��t ' 21�Aug�23 15 included a public presentation durir�g a Select Baard
Li��n�� 12�n�vval meeting in the past, This item is that scheduled
public presentatic�n,
The Cary Library Foundation is working to support
;the Library by fundraising for the upcoming Library's
;Children's Room Renovation. They are requesting to
R�qu�st fr�rri C�ry Librasry be included on an upcoming Select Board Agenda to
F�uncla�ti�n to Di�cuss N�rriing' 21-Aug-23 20 ;discuss the "Naming of Library Spaces" in
;�f Lik�ra�ry S�S���� conjunction with this fundraising campaign. They will
need approximately 15 minutes on the agenda. --
8/21 meeting date was specifically requested
�LAG�HQL�E�Ir�t�rrr�ur�i�i�al 7/19/2023, SB requested. IMA with Arlington,
;Agr��r��nt� Mutual Lincoln, Concord and Lexington to 250th Celebration
C�ntr�ctual ��rvices f�r 250th ' mutual contractual Services
��I�I�r�ti�n
DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
CONTRACT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE
METROPOLITAN AREA PLANNING COUNCIL
AND
THE TOWN OF LEXINGTON
This AgreemenC is made and entered into by and between tihe METROPOLITAN AREA PLANNING
COUNCIL ["MAPC"], a public body politic and corporate established by Chapter 40B, Sections 24 through
29, of the Massachusetts General Laws with its principal office at 60 Temple Place,Boston, Massachusetts,
02111, and THE TOWN OF LEXINGTON("LEXINGTON")with its principal office at 1625 Massachusetts
Avenue, Lexington, MA, 02420.
Witnesseth that the parries have AGREED as Follows:
Article I
Description and Scope of the Work
1. MAPC will provide professional services to undertake and perform all appropriate tasks to produce
the Battle of Lexington Meinorial Call for Artists and related work products as described in MAPC's
proposal revised June 19, 2023 [the "ProposaP'], attached as Exhibit A and incorporated herein.
Article II
Time of Performance
2. MAPC shall commence work immediarely upon execution of tlzis Agreemenr and shall complere
performance no later than January 15, 20Z4. Time shall be of the essence iu relation to MAPC's
performance tinder this Agreement. Reasonable extensions shall be granted at the written reqizest of
MAPC, provided the jusrif}nng circumstances are beyond tlie reasonable control of MAPC and
witliout fault of MAPC. In rhe event of such an exYension, all other terms and conditions of tllis
Agreement, except rhe daYes of commencement and completion of performance, shall remain in full
force and effect between the parties unless modified in writing.
Article III
Revisions in the Work to be Performed
3. If during tlze tierm of diis AgreemenY, Lexington requires revisions or other changes to be made in
the scope or character of the work to be perfonned, Le�ngton will promprly norify MAPC. For any
changes to rhe scope of work, MAPC shall notify Lexington of associated costs in writing. MAPC
shall make rhe necessary changes only upon receipt of a wrirren acceptance of the cosrs and a written
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DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
requesti from Le�ington.
4. Lexington will neirher unreasonably request revisions nor unreasonably wirhhold final acceprance of
work by MAPC. Any revisions or changes requested by Lexington will not unreasonably depart fronl
the current undersrandinb of the nature and scope of the work to be performed.
Article IV
Payment for Services
5. Lexington's total paymenr to MAPC under this Agreement shall noti exceed$25,020 unless
otherwise auChorized in wriring pursuanti to paragraph rhree (3).This amount shall include any and
all expenses and cosrs incurred by MAPC in performing rhe work.
6. Lexingtion shall make payment to MAPC as invoiced every two(2) months for e�enses incurred
throughout the project,based on the workplan set forth in the Proposal.
Article V
Ownership and Confidentialiry of Material.Work Products
7. MAPC shall afford Le�ington unlimired access to any work product, includiiig but not limited to all
work papers, data,reports, questionnaires and other marerial prepared, produced or collected by
MAPC under this Agreement.
8. MAPC reserves a royalty-fi�ee, nonexclusive, and irrevocable right to reproduce, publish, and
otlierwise use, and authorize others to use,the copyright in any work developed under this
Agreement, and any rights of copyright acquired witli funds provided under this Am-eement.
y. Lexingtion and MAPC shall have both unlimited rights to any data first produced or delivered under
this Agreement.
10. Upon completion of this project or termination for or without cause, MAPC shall return any
documents, models, tools, plans or items wharsoever belonging to or supplied by Le�ingYon.
Article VI
Indemnification
11. The parries agree tio individually assume responsibility for any and all claims, losses, or liabiliry arising
from any act, omission, or failure of itself, irs subrecipienrs, subconrractors, officers, agents, and
employees relating ro this Agreement. The parties furzher agree to hold each other harmless from
stuh claims ro the exreilr permirted by law.
Article VII
Assi�nment
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DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
12. The parties shall not assibn nor transfer their respective inrerests in this Agreemenr, in part or in
whole,without the prior written consent of the other.
Article VIII
Severabilitv
13. In the evenr any provision of this Agreement is found by a courr of appropriate jurisdicrion to be
unlawfiil or invalid, the remainder of the Agreement shall remain and continue in full force and
effect.
Article IX
Termination of A�reement
14. Lexingtion or MAPC may terminate this Agreement upon immediate written notice sliould tlle other
party fail to perform substantially in accordance wid� tl�e terms of tlle Agreement witl� no fault
attributable to the other.
15. In the event of a failure to matierially perform by MAPC, the notice of such breach shall be
accompanied by the nature of the failure, and shall set a date at least 60 days later b}�which MAl'C
shall cure the failure. If MAPC fails to cure within the time as may be required by the notice,
Lexington inay at its option, terminate the Agreement. If the value of this Agreement exceeds
$250,000, and MAPC fails Yo cure wirhin tihe Yime as maj�be required by ehe noYice and Lexington
does nor choose to rerminare tihe Agreementi, liquidated damages shall be due ro Lexingron in rhe
amounr of 0.1% (one-renth of one percenr) of dle face value of the Agreementi for each day
performance exceeds the promised date(s). Such liquidated damages may be acknowledged in
MAPC's final invoice or taken by Lexington as a deduction ro such final invoice.
16. Notwithsranding any language to the conrrary withiu rhis Agreement, Lexington or MAPC may
terminate this Agreement witho�it caiise at an}�time, effective sixry days beyond a termination date
sraeed in a written notice of Yermination. In the evenr of rermination, MAPC shall be compensated
for work product and services performed prior to rhe date of termination. In no evenr shall MAPC
be enritled payment for any services performed after rhe effective date of rerminarion, and under no
circumstances shall rhe roral price paid under rhe contracr exceed tihe amounY referenced in
paragraph five(5).
Article X
Compliance with Conflict of Interest Laws
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DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
17. MAPC warrants and represents to Le�ington rhar, to rhe best of itis knowledbe, no officer or
einployee of MAPC who has participated in the prepararion or negotiarion of rhis Agreemenr, or
who will participare in the execution of this Agreementi, nor such employee's spouse, parents,
children,brothers or sistiers,partner, any business organization in which he or she is serving as
officer, director, rrusree,partner or employee, nor any person with whom he or she is negoriating or
llas any arrangement concerning prospective employment, has a financial inreresti in tllis AgreemenC,
except as permitred under M.G.L. c. 268A, § 6. MAPC further warranrs and represents to Lexington
thar, to rhe best of itis knowledge, no employee of MAPC has a financial interese, either directly ar
indirecCly, in tihe Agreement except as permitted under M.G.L. c. 268A, �7.
Article XI
Governine Law and Iurisdiction
18. This Agreemenr shall be governed by, construed, and enforced in accordance with dze laws of the
Commonwealth oF Massachusetts. Both parries agree to submit their respective jurisdiction and
venue to the state and federal courts in the Commonwealth of Massachusetts ro resolve any disputes
or disagreements that may arise under any provision of this Agreement.
Article XII
Procurement Services
(Where Applicable)
19. The parties agree rhar all procuremenrs that are funded wirh federal funds will be performed in
accordance wirh all known applicable federal procurement and contracring requiremenrs.
Article XIII
Colnplete A�reelnent
20. This Agreemenr, and the E�zibits atrached hereto and incorporared l�erein constitute a roral
agreement of the parties and supersede all prior agreements and understandiugs between tlie parties,
and may not be changed unless agreed upon in wriring by both parties.
4 � �' a ':��i� �:
DocuSign Envelope ID:59369036-F37B-4894-955C-71BFOA4A77B0
IN WITNESS WHEREOF, the parries have caused this Agreement to be executed by their duly autihorized
officers on the dare writren below.
For the METROPOLITANAREA PLANNING COLlNCIL
DocuSigned by:
X ���� �"�" ��� Date: 6/30/2023
Elizabeth R.M. Weyant
Name•
Deputy Executive Director
Title:
F�a�t�,� �'"�7![��W"��;�",��":�i°.��'��""+��"
� ����� �, � �
� ,���� M �� "��� � "��� �'��4�t�z �� ��,�� ���
��k1��"d!�, "°�� ��� �"���
�6��tt ��µ��� �ia� .� �. ,�^�'�;"��,,.
x x :r x x t
5 � �� '� .S� ''s
DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
METROPOLITAN AREA PLANNINGCOUNCIL
FEDERAL FUNDS
CONTRACT RIDER
(WHERE APPLICABLE)
Recitals
WHEREAS, the Contirace to which this Rider is atitiached is funded, either in whole ar in part, by federal
funds;
WHEREAS, such federal funds may include Coronavirus Stare and I,ocal Fiscal Recovery Funds ["SLFRF"]
made available tihrough the American Rescue Plan, or funds from other federal sources;
WHEREAS, the use of federal funds requires the parries, including but not limited to, recipients,
subrecipients, and contractors, to comply with various applicable statutes and regularions including 2
C.F.R. �� 200.318-327;
WHEREAS, 2 C.F.R. � 200327 requires the inclusion of applicable provisions in certain contracrs Funded
in whole or in part by federal fiinds.
Witnesseth that the parties have AGREED as follows:
Article I
Introduction
1.1 The following conrracr provisions, if applicable, are incorporated into tihe Contract to which rhis
Rider is artached. In rhe event of any conflicY between the Contracr and rhis Rider, rhe provisions
in this Rider shall control.
1.2 If rhe following contract provisions are rescinded or revised, rhe parties agree tio revise this Rider
accordingly and make any otiher changes necessirated by such revisions.
Article II
Contract Provisions Applicable to All Types of Federally Funded Contracts
2.1 Rights to Inventions Made Under a Contract or Agreement
(a). In rhe evenr dlat this Contract is funded by a federal award meering the definition of"funding
agreemenr" under 37 C.F.R. � 401.2 (a) and the recipienr or subrecipienti wishes ro enter into a
contracr with a small business firm or nonprofit organizarion regarding the subsrirution of parries,
assignment or performance of experimenral, developmenral, or research work under that"fimding
agreement," the recipient or subrecipienr musz comply wirh the requirements of 37 C.F.R. Part
401, "Right to Inventiions Made by Nonprofiz Organizations and Small Business Firins Under
GovernmenY Grants, Contractis and Cooperative AgreemenYs," and any implementing regulaYions
issued by rize awarding agency.
2.2 Debarment and Suspension
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DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
(a). This provision applies in rhe event thar a contracr or subcontracr has a value that exceeds
$25,000, or requires rhe consenti of an official of a federal agency, or is a contracr for federally
required audit services.The subrecipient or contractior cerrifies that neirher rhe subrecipient,
contracror, or subcontractor is a party lisred on tihe bovernment wide exclusions in the System for
Award Manabemenr["SAM"], in accordance witih rhe OMB guidelines ar 2 GF.R. § 180 that
implemenrs Exeaitive Orders 12549 (3 C.F.R. Part 1986 Comp.,p. 189) and 12689 (3 C.F.R. Part
1989 Comp.,p. 235), "Debarinenr and Suspension." SAM Exclusions contains the names of
parries debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under stiatutary ar regulatory auChority other than Executive Order 12549.
2.3 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
(a). Pursuant to 2 C.F.R. � 200.216, subrecipient or contractor certifies rhar it or its subcontractors
shall not procure or obtain, extend or renew a contract to procure or obt�in, or enter into a
contract(or exrend or renew a contract) ro procure or obtain equipment, services, or systems rhat
uses covered telecommunications equipment or services as a substantial or essential componenr oF
any system, or as critical technology as part of any system. As described in Public Law 115-232,
Section 889, covered relecommunications equipment is telecommunications equipment produced
by Huawei Teclznologies Company or ZTE Carporation(or any subsidiary or affiliate of sucl�
entities).
(i). For the purpose of public safety, security of government facilities, physical security,
surveillance o�critical infrastructure, and other national securit}�purposes,video
surveillance and telecoinmunications equipment produced by Hytera
Communications Carporation, Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company(or any subsidiary or affiliate of such
entities);
(ii). Telecommunications ar video surveillance equipment or services provided by such
enrities or using such equipment;
(iii). Telecommttnicarions or video surveillatice equipmenr or services produced or
provided by an entity that the Secretaiy of Defense, in consultation with the
Director of rhe National Intelligence or rhe Director of the Federal Bureau of
InvesrigaYion,reasonably believes to be an entity owned or conrrolled by, or
otherwise connected to, rhe governmenr of a covered foreign counrry.
(b). Subrecipienr or contracror shall insert the above clause in all subcontracts and other
contractual instruments.
2.4 Clean Air Act and Federal Water Pollution Control Act
(a). Clean Air Act
(i). If rhe Contractivalue exceeds $IS0,000, die subrecipient or contiractor agrees Yo comply
with all applicable srandards, orders or regulations issued pursuant to�lie Clean Air Act, 42
U.S.C. § 7401 et seq.
2 � �' a �:��i� �:
DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
The subrecipient or contracror agrees to report each violation to rhe federal awarding agency
and understands and agreed rhat the federal awarding agency will, in tunz,report each
violation as required to assure norificarion to rhe appropriate Environmenral Protiection
Agency Regional Office.
The subrecipienr or cont�acror agrees to include these requiremenrs in each subcontracr
exceeding$I50,000 financed in whole or in part with federal assistance.
(b). Federal Water Pollution Control Act
(i). The subrecipienr or conrractor agrees to compl}�witih all applicable standards, orders, or
regulations issued pursuanr ro the federal Warer Pollution Control Act, as amended, 33 U.S.C.
� 1241 et seq.
The subrecipienr or cont��actor agrees to report each violation to the federal awarding agency
and undersrands and agrees that the federal awarding agency will, in turn,report each violarion
as required to assure notifications to rhe federal awarding agency and the appropriate
Environmenral Prorecrion Agency Regional Office.
T1�e subrecipient or contractor agrees to include diese requirements in each subcontract
exceeding$150,000 financed in whole or in part with federal assistance.
2.5 Byrd Anti-Lobbying Clause and Certification
(a). Byrd Anti•Lobbying Amendment
(i). Subrecipients or contractors who apply or bid for an award of more than $100,000 shall
file the required certification. Each tier certifies to the tier above that it will not and has not
used federally appropriated funds ro pay any person or arganization for influencing or
arrempYing Yo influence an officer or employee of any agency, a Member of Congress, officer or
employee of Congress, or an employee of a Member of Congress in connection with obtaining
any federal contract, grant, or any other award covered by 31 U.S.C. �1352. Each tiier shall
also disclose any lobbying wirh non-federal fttnds that takes place in contiecrion widi obraining
any federal award. Sttch disclostires are forwarded from tier to tier up to the recipient who in
tunl will forward the cerrification(s)to tihe federal awarding agency.
(b). Required Certification for Awards Exceeding$100,000
(i). If applicable, subrecipienCs and contracrors must sign and submiC tihe following
cerrification ro tihe awarding autharity with each bid ar offer exceeding$100,000.
AppendiY A, 44 C.F.R. Part 18 - Certificazion Regarding Lobbying
Cerrificarion for Contiracts, Granrs, Loans, and Cooperarive Agreements
The undersigned cerrifies, Yo the besti of their knowledge and belief, thati:
No federal appropriared funds have been paid or will be paid,by or on behalf of the
undersigned, ro any person for influencing or attempting Co influence an officer or
3 I �' ,a ':��i� �:
DocuSign Envelope ID:59369036-F376-4894-955C-71BFOA4A77B0
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in comiecrion with tihe awarding of any federal
contract, rhe making of any federal grant, the making of any federal loan, the entering into
of any cooperarive agreement, and tille extension, continuation, renewal, amendmenr, or
modification of any federal contract, grant,loan, or cooperative agreenlent.
If any funds otiher than federal appropriated funds have been paid or will be paid to any
�erson for ulfluencing or artempring ro influence an officer or eniployee of any agency, a
Member of Congress, an officer or eniployee of Congress, or an employee of a Member of
Congress in connection with tihis federal conrract, granr, loan, or cooperative agreement,
the undersigned shall complete and submit Srandard Form-LLL, "Disclosure Form ro
Report Lobbying," in accordance with its instrucrions.
The undersigned shall require that the language of this certification be included in the
award documents for all subawards ar all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all contractors shall
certify and disclose accordingly.
This certification is a material representation o��act upon which reliance was placed when
this transaction was made or entered into. Submission of tllis certification is a prerequisite
for making ar enterin�into this transaction imposed by 31 U.S.C. � 1352. Any person
who fails to file the required certification shall be subject to a civil penalty o�not less than
$10,000 and not more than $100,000 for each such failure.
Bidder certifies or affirms the truthfulness and accuracy of each statement o�its
certification and disclosure, if any. In addition, the bidding party undersrands and agrees
that the provisions of 31 U.S.G Ch. 38, Administrative Remedies for False Claims and
Statements, apply to this certification and disclosure, if any.
Article III
Contract Provisions Applicable to Federally Funded Construction Contracts
3.1 Equal Employinent Opportunity Clattse
(a). During the performance of this Contract, the Contractor agrees as follows:
(1)The Contractor will not discriminate againsr any employee or applicanti for employment
because of race, color, religion, sex, sexual orientation, gender identiry, or narional origin. The
Contracror will tiake affirmative action to ensure diat applicants are employed, and thati employees
are treared during employmenC without regard ro rheir race, color, religion, seX, sexual orientation,
gender identity, ar national origin. Such acrion shall include,but noti be limired to tihe following:
Employment, upgrading, demotion, or zransfer; recruitment or recruirment adverrising;layoff ar
zerminatiion; rares of pay or other forms of compensation; and selecrion for training, including
apprenriceship. The Contractior agrees to posti in conspicuous places, available ro employees and
applicants for employment, notices Yo be provided setting forth rhe provisions of this
nondiscriminaYion clause.
(2)The Conrractor will, in all solicitations or advertisements for employees placed by or on behalf
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of rhe Contiractor, state that all qualified applicants will receive consideration for employment
without regard ro race, color, religion, sex, sexual orientation, gender identity, or narional origin.
(3)The Contractor will not discharge or in any other manner discriminatie against any employee or
applicanr for employment because such employee or applicant has inquired about, discussed, or
disclosed rhe compensation of the employee or applicant or another employee or applicanr. This
provision sl�all nor apply ro instances in which an employee who l�as access to tille compensarion
information of odier employees or applicants as a part of such employee's essential job funcrions
discloses tihe compensation of such other employees ar applicanrs to individuals who do not
orherwise have access to such information, unless such disclosure is in response ro a formal
complainti or charbe, in furdierance of an investigarion, proceeding,hearing, or action, including
an investiigation conducred by the employer, or is consistent with the Contractor's legal duty to
fitrnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or �mderstanding, a norice to be provided
advising the said labor union ar workers'representatives of tlie Contractor's commitments under
this section, and shall post copies of tlie notice in conspicuous places available to employees and
applicants for employment.
(5) The Contractor will coinply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules,regulations, and relevant orders o�the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the administering agency and
the Secretary of Labor for purposes of invesrigation to ascertain compliance with such rules,
regulations, and orders.
(7) In rhe evenr of dze Conrractor's noncompliance with rhe nondiscrimination clauses of Yhis
contracr or witih any of the said rules, re�llations, or orders, this contracti maj�be canceled,
rerminaYed, or suspended in whole or in part and dle Contiractor may be declared ineligible for
further Government conrracts or federally assisted consrruction contracts iti accordance wirh
procedures authorized in Executive Order 11246 of Seprember 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regularion, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contracror will include the portion of the senrence immediately preceding paragraph(1)
and the provisions of paragraphs (1)through(8) in every subconrract or purchase order unless
exempted by rules, regulations, or orders of rhe Secretiary of Labor issued pursuanr to section 204
of Executive Order 11246 of Seprember 24, 1965, so that such provisions will be binding upon
each subcontractior or vendor. The Conrractor will take such actiion witih respecti tio any
subcontiract or purchase order as the adminisrering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance:
Provided, however, that in the evenr a Conzraczor becomes involved in, or is direatened wirh,
litigation with a subconrracror or vendor as a result of such direcYion by rhe administering agency,
the Conrractor may request rhe Unired States to enter ulro such litigation to protect the interestis of
rhe Unired States.
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The applicane further agrees thati it will be bound by rhe above equal opportunity clause wirh
respect to itis own employment pracrices when it participates in federally assisted constiruction work:
Provided, thar if the applicant so participating is a state or local governmenr, the above equal
opportunity clause is nor applicable to any agency, instrumentality or subdivision of such
government which does not participate in work on or under rhe contiracr.
The applicant agrees r11ati it will assist and cooperate actively witll tilze administerinb abency and t11e
Secrerary of Labor in obtaining rhe compliance of contractors and subconrractors with rhe equal
opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, thati iti
will furnish tihe adminisrering agency and tihe Secrerary of Labor such information as they may
require for the supervision of such compliance, and rhat it will otherwise assise rhe administering
agency in the discharge of rhe agency's primary responsibiliry for securing compliance.
The applicant further agrees that it will refrain from entering into any conti•act or contract
modification subjecr ro Executive Order 11246 of September 24, 1965,with a contractor debarred
from, or wlio has not demonstrated eligibility for, Government contracts and federally assisted
construction contracts pursuant to the EXecurive Order and will carry out such sanctions and
penalties for violation of'the equal opportunity clause as may be imposed upon contracts and
subcontracrs by the administering agency or the Secretaty of Labor pursuant to Part II, Subpart D
of tl�e Executive Order. In addition, the applicant agrees tllat if it fails or refuses to comply with
these undertakings,the administering a;ency may take an}�or all of the following actions: Cancel,
terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain
from extending any further assistance to the applicant under the program with respect to which the
failure or refund occurred until satisfactory assurance of�unire coinpliance has been received from
such applicant; and refer rhe case to the Department of Justice for appropriatie legal proceedings.
3.2 Davis•Bacon Act
(a). If this Contract is a prime construction contract employing laborers or mechanics with a value
that exceeds $2000, the Davis-Bacon Act, 40 U.S.C. �� 3141-3144 and 3146-3148 and irs related
regularions found at 29 C.F.R. Part 5 apply.
(b). The subrecipient or cotirractor acknowledges rhat rhe decision ro award this contiract is
conditioned upon the subrecipient or contractor's acceprance of the wage deterinination, and upon
contint_iiug compliance wirh rhe Davis-Bacon Act(40 U.S.G §§3141-3144, and 3146-3148) as
supplemented by Departmenr of Labor regulations (29 C.F.R.Part 5, "Labor Seandards Provisions
Applicable to Contracrs Covering Federally Financed and Assisted ConstrucYion"). Pursuant to the
Davis-Bacon Acr, contractors must be required tio pa}�wages to laborers and mechanics at a rare nor
less than rhe prevailing wages specified in the Secretary of Labar's wage determinarions,
incarporated inro rhis Contract. Subrecipient or contracror further acla�owledges and understands
rhat subrecipienti or contracror shall be required ro pay wages nor less tihan once a week.
(c). Davis-Bacon Prevailing Wage Certiificarion
Subrecipienr or contracCor certiifies that iz and all subcontracrors shall pro�ride certified payroll
affidaviYs verifying compliance wirli G.L. c.149 §§ 26-27H, the federal Davis-Bacon Acti, and orizer
relaCed acCs.
(d). 29 C.F.R. � 5 (a)(1) - (10) are hereby incorporared by reference into rhis Conrracr. All
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subcontiracts musr include rhe text of 29 C.F.R. ��5(a)(1) - (10) in full.
3.3 Compliance with the Copeland "Anti-Kickback"Act
(a). If this Contract is subjecti ro the Davis-Bacon Act, the Copeland "Anri-Kickback" Act also
applies.
(b). Contracror. The contractor shall comply with 18 U.S.C. � 874, 40 U.S.C. � 3145, and the
requirements of 29 C.F.R. Parr 3 as may be applicable,which are incorporated by reference uitio
rhis Contracti.
(c). Subcontracrs. The contractor or subconrractor shall insert in any subconrracts the clause above
and such other clauses as the federal program may by appropriate instructions require, and also a
clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible far the compliance by any subcontractor or lower tier
subcontractor widl all of'these contract clauses.
(d). Breach. A breach of'the Contract clauses above may be grounds for termination of the
Contract and for debarnlent as a contractor and subcont�•actor as provided in 29 C.F.R. � 512.
3.4 Contract Work Hours and Safety Standards Act
(a). If this Contract has a value exceeding$100,000 and involves the employment of inechanics or
laborers, the Contract Work Hours and Safety Standards Act, 40 U.S.C. �� 3702 and 3704, as
supplemented by the Department of Labor Regulations 29 C.F.R. Part 5 applies.
(b). If applicable, the Contractor shall comply with the Contract Work Hours and Safety Standards
Act, 40 U.S.C. ��3702 and 3704, as supplemented by Department oF Labor regulations 29 CFR
Parr 5. These requirementis do not apply Yo the purchases of supplies or marerials or arricles
ordinarily available on rhe open market, or contracts for transporYarion or trnnsmission of
intelligence.
(c). Pursuant ro 40 U.S.C. �370Z of rhe Conrract Work Hours atld Safery Standards Acr, the
Contractor shall be required eo compute the wages of ever}�mechanic and laborer on the basis of a
standard work week of forty(40)hoizrs.Work in excess of the standard work week is permissible
provided tllat the worker is compensated at a rate of noe less than one and a half Yimes the basic
ratie of pay for all hours worked in excess of forry(40)hours in tihe work week.Tlie requirements of
40 U.S.C. �3704 shall applj�to construcrion work and provide that no laborer ar mechanic inusti
be required Co work in surroundings or under working condiCions which are unsanitary, hazardous
or dangerous to health and safery.
(d). Compliance with the Contract Work Hours and Safety Srandards Act
Contracts are required ro contain d�e rexr of 29 C.F.R. § 55(b)(1) - (4) as follows:
(b) ConYract Work Hours and Safery Srandards Act.The Agency Head shall cause or require the
contracring officer to insert the following clauses set forrh in paragraphs (b)(1), (2), (3), and (4) of
rhis section in full in any conrracr ui an ainount in excess of$100,000 and subjecr to rhe overriine
provisions of rhe Contrace Work Hours and Safery Standards Acti.These clauses shall be inserted in
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addition to the clauses required by§§5.5(a) or 4.6 of part 4 of this ride.As used in rhis paragraph,
rhe tierms laborers and mechanics include watchmen and guards.
(1) Overtime requirements.No contracror or subcontractor conrracting for any parr of t11e
contract work which may require or involve rhe employmenr of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such worlc ro work ii�excess of forry hours in such workweek unless sud�
laborer or mechanic receives compensation at a rate noti less rhan one and one-half rimes
the basic rate of pay for all hours worked in excess of forry hours in such workweek.
(2)Violation;liability for unpaid wages;liquidared damages. In the evenr of any violarion
of the clause seti forrh in paragraph(b)(1) of this section the contractor and any
subconeractor responsible therefor shall be liable for rhe unpaid wages. In additiion, such
contractor and subcontractar shall be liable ro the United States (in the case of work done
under contract for the District of Columbia or a territory, to such Dist��ict or to such
territory), For liquidated damages. Sucll liquidated damages shall be computed with respecr
to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph(b)(1) of this section, in the sum of$29 for
each calendar day on which such individual was required or permitted to work in excess of
the standard workweek of forry]lours without payment of the overtime wages required by
the clause set forth in paragraph(b)(1) of this section.
(3)Withholding for unpaid wages and liquidated damages.The (write in the name of the
Federal agency or the loan or grant recipient) shall upon its own action or upon written
request of an authorized representative of rhe Department of Labor wirhhold or cause to
be withheld, fi•om any moneys payable on account of wark performed b}�the contractor ar
subcontractor under any such contract or any other Federal contract with the same prime
contractor, or an5�other federally-assisted contract subject ro the Contract Work Hours and
Safety Stiandards Act, which is held bj�dle same prime conYractor, such sums as may be
deeermined to be necessary to satisfy any liabiliries of such contractor or subcontractar for
unpaid wages and liquidatied damages as provided in the clause seti forth in paragraph(b)(2)
of rhis secrion.
(4) Subcontracts. The contractor or subcontractor sliall insert in any subconrracts the
clauses set forth in paragraph(b)(1)tihrough(4) of this section and also a clause requiring
the subcontracrors ro iaclude tliese clauses in any lower tier subcontracrs. Tlie prime
contracror shall be responsible for compliance by any subcontracror or lower tier
subconrractor witli the clauses seti forth in paragraphs (b)(1) rhrough(4) of rhis section.
(e). Furrher Compliance wirh the Conrract Wark Hours and Safety Standards Act
(i)The cont�actor or subcontractior shall maintain payrolls and basic payroll records during
rhe course of d�e work and shall preserve them for a period of three(3)years from the
completion of the contracti for alllaborers and mechanics, including guards and watchmen,
working on the contract. Such records shall conrain zhe name aiid address of each such
employee, social security number, correct classifications, hourly raties of wages paid, daily
and weekly number of liours warked, deducrions made, and actual wages paid.
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(ii). Records ro be maintained under this provision shall be made available by the
contiractor or subcontractor for inspecrion, copying, or transcription by aurhorized
representatives of rhe Departmene of Homeland Security, rhe Federal Emergency
Managemenr Agency, and the Department of Labor, and the contractor or subcontractor
will permir such representiarives to interview employees during workinb hours on the job.
Article IV
Contract Provisions Applicable to Federally Funded Contracts Involving Procurement
4.1 Procurement of Recovered Materials
(a). If this Contracr involves a procurement with a value exceeding$10,000 performed by a statie
agency or an agency of a political subdivision of a stare and its contracrors, Section 6002 of rhe
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, 42 U.S.C.
� 6962, applies.
(b). Contracror acknowledges and understands that, in performing rhe work specified under rhis
Contract, Conrractor sha11 be required to comply wirh Section 6002 oF the Solid Waste Disposal
Act, as amended by die Resource Conservation and Recovery Acr.Tlie requirenlents of Section
6002 include procuring only items designated in guidelines oF tlle Environmental Protection
Agency("EPA") at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition,where tihe purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded$10,000; procuring solid waste management services in a manner that maximizes
energy and resource recovei-��; and establishing an affirmative proairement program�or
procurement of recovered materials identified in the EPA guidelines.
4.2 Domestic Preferences for Procurements
(a). PursuanY Yo 2 C.F.R. � 200322,As appropriate and to the exYenti consistent with law, rhe non-
federal enYity should, to the grearesti eXtent pracricable under a federal award, provide a preference
for the purchase, acquisition, or use of goods, products, or materials produced in the United States
(ulcluding but nor limired to iron, aluminum, sreel, cemenr, and other manufactured producrs).
The requirements of this secrion must be included in all subawards including all contracts and
purchase orders for work or products under this award.
For purposes of this section:
l. "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from die inirial melring stage through the applicaCion of coatuigs, occurred in
the United States.
2. "Manufactured products" means items and construction inaterials coinposed in whole or
in parr of non-ferrous metals such as alutninum; plasrics and polymer-based products such
as polyvinyl chloride pipe; aggregates such as concrete;glass, including optical fiber; and
lumber.
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EXHIBIT A
Battle of Lexington Memorial
Call for Artists
Draft Project Scope ("Proposal")
Drafted May 2023
Revised June 19, 2023
Project Summary
The Town of Lexington and its Lex250 Committee aim to commission a work of public art to
celebrate the 250th anniversary of the Battle of Lexington, to be unveiled in April 2025.
Fundin
The Town of Lexington has received a pledge of$250,000 to fund the memorial project from a
private donor. The delivery of these funds may be contingent upon meeting agreed-upon deadlines
and benchmarks duringthe implementation ofthe project.
The Town will contract MAPC to implement the deliverables and workplan outlined below at a cost of
$25,020 to cover MAPC labor. If needed, the Town will fund direct costs needed to complete the
workplan, including community engagement facilitation and translation of project communications.
Translation needs will be determined by Town staff with input and assistance from MAPC as needed.
Deliverables
The Town of Lexington will engage MAPC to guide implementation of this project, from researching
conditions and stakeholders through the final selection of and contracting with the selected artist.
MAPC will help the Town implement a process that is equitable and transparent, inclusive of
Lexington's diverse voices and communities, and informed by relevant state and municipal
procurement policies. MAPC will provide project management to meet benchmark deadlines. More
detailed deliverables are outlined in the Proposed Work Plan below.
Goals
The goal of the project is to support Lexington in running an inclusive and engaging process to
commission a new work of art that commemorates the 250th anniversary of the Battle of Lexington
in a way that resonates with Lexington's past, present, and future.
Partners and Responsibilities
The Town of Lexington and the Lex250 Committee will advise the project team throughout the
project and will spearhead communications with relevant Town staff, a Selection Panel, and the
broader Lexington communities.
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The Metropolitan Area Planning Council(MAPC) will lead the development of the Call for Art, guide
the Town through the selection process, and contribute to engagement efforts for the project. This
includes conducting outreach with local stakeholders (including municipal staff) and creating a
public art commissioning process for the Town of Lexington. Abbey Judd, Arts and Culture Planner II,
will serve as the project manager for MAPC with support from other Arts and Culture Department
staff.
Proposed Project Timeline and Benchmarks:
June 21, 2023: Begin research on existing conditions, site specifications, community
stakeholders, and cultural considerations of site and subject
July 24, 2023: Identify relevant stakeholders and their involvement with the process
August 28, 2023: Confirm context relevant for Call (e.g. historic and present narrative, goals for
the monument, technical and cultural considerations of the site, etc.)
September 29, 2023: Draft Call for Artists
October 16, 2023: Publish Call for Artists
November 17, 2023: Deadline for submissions
November 29, 2023: Artist finalists selected; Invitations for concepts issued (second phase)
December 8, 2023: Concepts due
December 22, 2023: Final artist selected
January 5, 2024: Grant agreement signed w/selected artist
Proposed Work Plan:
Task 1: Project Management(June 2023 -January 2024)
1.1 MAPC will schedule bi-weekly check-in calls with the Town of Lexington to coordinate meeting
preparation and development of work products and will schedule and plan these meetings.
1.2 MAPC will also conduct regular project coordination meetings with MAPC staff throughout the
course of the project.
1.3 MAPC will develop a webpage for the project and share updates there as necessary. MAPC will
also develop promotional materials and graphics, such as flyers and social media cards, to help
promote the artist informational session and any community engagement outreach.
MAPC Deliverables: One draft and one round of revisions of a project webpage; periodic
updates to the project webpage, as needed; and one draft and one round of revisions for any
promotional materials and graphics for artist informational session and community
engagement sessions.
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Task 2:Stakeholder Development(June 2023 -July 2023)
2.1 MAPC will identify local stakeholders with diverse local networks and knowledge relevant to
public history, historic preservation, conservation, public art, curation, and community engagement
to potentially advise the public art process.
MAPC Deliverable: Curated list of regional stakeholders who could participate potentially as
additional project advisors to support the development of the call for artists.
2.2 MAPC will facilitate conversations with relevant stakeholders identified in Task 2.1 to understand
the ways in which they could support the project.The goal of this exploration is to expand
engagement and contextualize the meaning of the Battle of Lexington memorial project in ways that
resonate with the present communities in Lexington.
MAPC Deliverable:Summary of research and meetings with stakeholders, including
important considerations for drafting narratives to be included in project communications
and the Call for Artists.
Task 3: Existing Conditions and Site Documentation (June 2023-August 2023)
3.1 MAPC will conduct research to understand and document existing physical site conditions and
constraints as they would apply to a public art installation.
3.2 MAPC will conduct interviews with municipal staff to document local insurance and permitting
requirements, as well as capacity to support art commission and installation.
3.3 MAPC will conduct research and conversations with local stakeholders to understand and
summarize cultural and historical considerations of the physical site, which will inform the context
given in the Call for Artists.
MAPC Deliverable: Summary of key findings from this research, including an overview
conditions and constraints of the site, required processes and roles for the implementation
of the project, and any relevant cultural context of the site.
Task 4: Drafting a Call for Artists and Commissioning Process(August 2023 -September 2023)
4.1 In consultation with the Town of Lexington and the community advisors and based on learnings
from Task 2, MAPC will draft a Call for Artists to guide the development of the Battle of Lexington
memorial project.
MAPC Deliverable: One draft and one round of revisions of a Call for Artists for the Battle of
Lexington memorial project, including recommendations for composition of a selection
review panel and evaluation considerations and criteria for the Battle of Lexington memorial.
Evaluation considerations and criteria will incorporate stakeholder feedback, and could
include attention to the politics of commemoration, public engagement, site activation and
programming, accessibility of the call for artists, and project maintenance and stewardship.
4.2 MAPC will support the Town of Lexington in drafting a grant agreement for concept development
for artists who are selected as finalists.
MAPC Deliverables: One draft and one round of revisions for the concept development grant
agreement for finalists.
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4.3 MAPC will advise the Town of Lexington to identify Town staff who can inform a technical review
process for artist concepts. MAPC will engage these Town staff to review the considerations
determined in Tasks 3.1 and 3.2.
MAPC Deliverable:A recommended list of Town staff to include in the technical review
process and the considerations they should examine.
4.4 MAPC will assist the Town of Lexington as needed with identifying selection panelists to review
the responses to the Call for Artists with careful consideration for equity and guided by the research
process completed in Task 2.
Task 5: Publishing Call,Supporting Selection Process and Final Selection (October-January 2024)
5.1 MAPC will support the Town of Lexington with publication of the Call for Artists, hosting an
informational session for artists, posting the FAQ about the Call for Artists, and closing the Call for
Artists. MAPC will work to ensure the Call for Artists is accessible and inclusive as possible.
MAPC Deliverable: Planning and facilitation of one information session for artists and
publishing FAQ for all artists.
5.2 MAPC will provide support to the Town of Lexington to convene a selection panel to review the
Call for Artists and identify artists who meet the minimum requirements. Administrative support and
guidance for convening panel meetings to review the responses to the Call for Artists and publish
FAQ from these information sessions to inform concept development for artists The Town of
Lexington will notify the artists invited to submit artistic concepts and execute the grant agreements
for concept development with selected artists.
Partner Responsibilities: Administer and coordinate communications with the selection
panelists and involved artists.
5.3 In consultation with the Town of Lexington, selection panel, and engaged community
stakeholders, MAPC will support a community engagement for the public to share their feedback on
artist proposals for the Battle of Lexington Memorial. MAPC will support a technical review session
with Town staff to review artists' concept proposals before artists submit their final concepts for
review.
MAPC Deliverables: Planning and facilitation of public review process and opportunities for
finalists to finalists to share their concepts and for the Town to receive feedback. Planning
and facilitation of one technical review session with Town staff to review artist proposals.
Partner Responsibilities: Administer communications with the general Lexington public.
5.4 Prior to final selection, MAPC will draft one public art grant agreement outlining Town and artist
covenants and schedule of payments and deliverables.
MAPC Deliverable: One draft of the public art grant agreement outlining the Town and artist
covenants,schedule of payments and deliverables
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Project Bud�et
Task�.-F�rc�ject M�nagerrtent June 2�23�J�nuary 2024 H�►wrs Budget
1.1 Biweekly check-Ins with project partners 40
1.2 Internal project meetings and general project
management 40
1.3 Webpage and collateral development 20
SUBTOTAL 100 $9,000.00
Task 2=�ta'kehalder[�ev�lopmer�t aune-July 2(723
2.1 Stakeholder ldentification 15
2.2 Stakeholder Engagement 30
SUBTOTAL 45 $4,050.00
T��k�-E�ci�ting�nditi�ns and Slte C}�cum�;r�tati�n June-Augiast 2�72�
3.1 Existing conditions and site documentation 15
3.2 Permitting and insurance requirements 8
3.3 Historical and cultural site significance 15
SUBTOTAL 38 $3,420.00
Ta�k 4-[7rafCing the Gall�nd Cammi�sioning Pracess August- September 2c�2�
4.1 Draft the Call 20
4.2 Create grant agreement and process for concept
development 5
4.3 Develop technical review process for concepts and
identify Town staff to perform review 5
4.4 Identify selection panel, roles, and process 5
SUBTOTAL 35 $3,150.00
T�sk 5- Rubllcatior�and�election Process t�ct�ber 2023 - January 2024
5.1 Publish Call and host informational session 20
5.2 Support selection panel process and
communications with selected finalists 15
5.3 Facilitate public engagement and technical review
with selected finalists 15
5.4 Draft final grant agreement for selected artist 10
SUBTOTAL 60 $5,400.00
Subtotal for all labor 278 $25,020.00
5
DocuSign Envelope ID:59369036-F37B-4894-955C-71BFOA4A77B0
MAPC RACIAL EQUITY, DIVERSITY& INCLUSI4N STATEMENT("REDIS")
MAPC RACIA�EQUITY, DIVERSITY & INCWSION STATEMENT ("REDIS"), &
INC�USIVE COMMUNITY STAKEHOLDER OUTREACH
MAPC's agency mission,which includes smart growth and sustainability principles,strives to integrate racial equity and
diversity lenses in its services,analyses and work products for municipal clients and partners.
MAPC integrates informative content to bring awareness to unintentional barriers to opportunities and resources.
Oftentimes this includes but is not limited to regulatory constraints pertaining to zoning, hausing options, and public
transit services. These barriers can have a disproportionate impact on more vulnerable members of society as well as
hamper the social and economic development of a community at large.
MAP� looks forward to active collaboration with its municipal project partners and stakeholders in its community
outreach, meeting participation, and client review and approval of its work products. As part of the scope of work
and planning project contract, MAPC finds it beneficial to highlight its mission statement as well as a succind
explanation of the equity and inclusion principles that will be referenced in its work.
MAPC MISSION
Our mission is to promote smart growth and regional collaboration. Our regional plan, MetroCommon 2050, guides
our work as we engage the public in responsible stewardship of our region's future.
We work toward sound municipal management, sustainable land use, protection of natural resources, efficient and
affordable transportation, a diverse housing stock, public safety, economic development, clean energy, healthy
communities, an informed public, and equity and opportunity among people of all backgrounds.
WHAT IS EQUITY?
Equity is the condition of fair and just inclusion into a society. Equity will exist when those who have been most
marginalized have equal access to opportunities, power, participation and resources and all have avenues to safe,
healthy, productive,and fulfilling lives. It requires restructuring deeply entrenched systems of privilege and oppression
that have led to the uneven distribution of benefits and burdens aver multiple generations.
So�rce:MetroCommon2050 Values
INCLUSIVE COMMUNITY STAKEHOLDER OUTREACH
The primary municipal project partner acknowledges that during the term of a contract with the municipality, MAPC
will actively dedicate its work to inclusive community stakeholder outreach in its planning by:
• Proactively identifying and/or reaching out to a variety of internal and external stakeholders immediately after
contract finalization and before the afficial project kick-off; and
• Striving for diversity and inclusion regarding advisory group/committee formation (if applicable) as well as with
the overall community outreach and participation throughout the process. This includes not exclusively seeking
nominations from existing community members who already serve on other committees, but also reaching out to a
wide net of community organizations, and the general public and community at-large.
Acknowledaement
By signing this, I ack wledge my receipt and awareness of the statement.
��
Date:
mes alloy
own anager, Town af Lexin n
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Application: One-Day Liquor License - Eastern Massachusetts Association of Community
Theaters (EMACT), 1605 Massachusetts Avenue
ITEM
PRESENTER: NUMBER:
Joe Pato, Select Board Chair
C.1
SUMMARY:
Category:Decision-Making
Eastern Massachusetts Association of Communitv Theaters (EMACT�
The Eastern Massachusetts Association of Community Theaters (EMACT)has requested a One-Day Liquor
License to serve beer and wine in the lobby and hallway area outside of Battin Hall on the main level and in the
lobby outside of Estabrook Hall on the lower level of Cary Memorial Building, 1605 Massachusetts Avenue,
for the purpose of their Annual DASH Gala and Awards Presentation on Saturday,August 19, 2023. The
requested times on the application are 6:30pm to ll:00pm with bar service open from 6:30pm to 8:OOpm.
The request has been reviewed by the Department of Public Facilities with no concerns.
SUGGESTED MOTION:
To approve a One-Day Liquor License for Eastern Massachusetts Association of Community Theaters
(EMACT)to serve beer and wine in the lobby and hallway area outside of Battin Hall on the main level and in
the lobby outside of Estabrook Hall on the lower level of Cary Memorial Building, 1605 Massachusetts
Avenue, for the purpose of their Annual DASH Gala and Awards Presentation on Saturday, August 19, 2023
from 6:30pm to 11:OOpm.
Move to approve the consent.
FOLLOW UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
ATTACHMENTS:
Description Type
d 1�SaNfA�'V�IL�r�uut 0 xsc��aauu ll9a;saYip�t.ia,r� I�c�cVct��ION:uV�u�uszl
l000000
i0000m
EASTERN MASSACHUSETTS ASSOCIATION OF COMMUNITY THEATRES, INC.
Locations for serving Liquor at Cary Hall
08/19/2023
Bartenders will be located on the first floor down the back hall left in the serving area near
the end of the hall.
Bartenders will also be located on the below grade lobby at a table in the center of the lobby
area.
71 Apache Way • Tewksbury, Massachusetts 01876
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Approve Request for Designer Selection Policy
ITEM
PRESENTER: NUMBER:
Joe Pato, Select Board Chair
C.2
SUMMARY:
Category:Decision-Making
Attached please fmd the fmal Designer Selection Policy(redline and clean versions)that addresses the
concerns related to MSBA funded projects and addresses some of the items the Select Board brought up at
the initial meeting.
SUGGESTED MOTION:
To approve the Designer Selection Policy as attached.
Move to approve the consent.
FOLLOW UP:
Town Manager/Purchasing Director
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
ATTACHMENTS:
Description Type
❑ p:� y,*��e���f„d�,4,tr4��i,IfD�rina�y�^uciaroll➢2c,a.�luri� �h�v�,u N��nr�c,
d ➢���a„nc°d�>�d�°�;t��sr.���slu�y Q�`un�ll�:V��a�:n �:�>v�°u�I�N��
.S '�5 MCFAII�yy
4' a7�5 �'C�
........— �
� ....
v ;� �
a ,� Q.� �
� �n`
nrRm�r,r
{t.. �9��d.�o�t:.r`'
Town of Lexington
Comptroller's Office
Purchasing
Elizabeth Mancini,Purchasing Director Tel: (781) 698-4628
emancini(a�lexine onma. o�v Fax: (781) 861-2794
Town of Lexington
Designer Selection Procedures
1. These procedures govern the selection of designers for any municipality or local public
agency builcling project subject to the state designer selection law, M.G.L. c. 7C, §§ 44-
. . � �
57. � ��u,."� m�����u���r,�ir�f,m�� �u �.��.��...uu�.�o ���!!lf� ^,� tl��. ���wu�,u���p ��uu�������u~uqi������:.��u if�� II;u��� ��^�~u;,� dtnu� � �ud��:
� ,� � ... . � � "�ur If��,u�,�I� IIl�uuuV����uu��, ���i��If��w°��ir������! ...Anyother
�uuu� i���+��� i�^� i�'u�u� �uo,��tl��.a.�: u°�u�un � ��� l�W'��:�am���, �u„� a��d�� u�.� . �.
local law governing the procurement of services will be inapplicable to these
procurements.
2. The Select Board ("Approving Body")has the authority to conduct the designer selection
process for the �������u u ��.�tl"� ��;;� u n u�����;;uu� ��`Awarding Authority'''�; The Approving Body
hereby delegates its authorityto ��;��,���uud��iur�if �➢u�� �;���mu�;uu����u ��� ��.����,�I.���m�� �.��u���� ��m,� ���the Town
Manager to act on its behalf and �����'a'a^�¢� any other duties described herein to the
extent such delegation is permissible by law.
3. The��e�tr�g�,,,��p�����u��u��u�n y� u�'��u���� ��,��� �,u���ii�,�, shall designate the individual ar group
of individuals (hereinafter referred to as "the��,K����V u u�.��.ii:���u u ��u���;n u..0�;�u�„) who will
conduct the designer selection process for each project. No member of the
�"^���44 � �u� �.�u�w�uai � shall artici ate in the selection of a desi ner for an
�;�rr,-rrn�C��III�����Vuuu�ilu�� .., �:'. - P p g Y
project if the member, or any of the member's immediate family:
a. has a direct or indirect financial interest in the award of the design contract to any
applicant;
b. is currently employed by, or is a consultant to or under contract to, any applicant;
c. is negotiating or has an arrangement concerning future employment or contracting
with any applicant; or
d. has an ownership interest in, ar is an officer ar directar of, any applicant.
4. A Request for Qualifications (RFQ) for each contract subject to these procedures shall be
advertised in a newspaper of general circulation in the locality of the building project, in
the Central Register published by the Secretary of the Commonwealth, and in any other
� Placerequiredbythe .... �,;,,,.R,.,����� ,ao��„v,...a ��������������iiun��� ,,�;��ia�������ud"�,�'�
n,-,,,,-„�„ri n u,.,a.,��,,,w„... .... .... .. .
at least two weeks before the deadline for filing applications.
5. The advertisement shall contain the following information:
a. a description of the project, including the specific designer services sought,
the time period within which the project is to be completed, and, if available,
the estimated construction cost;
b. if there is a program for the building project, a statement of when and where
the program will be available for inspection by applicants;
c. when and where a briefmg session (if any)will be held;
d. the qualifications required of applicants;
e. the categories of designer's consultants, if any, for which applicants must list
names of consultants they may use;
f. whether the fee has been set or will be negotiated; if the fee has been set, the
amount of the fee must be listed in the advertisement;
g. when and where the RFQ can be obtained and the applications must be delivered.
6. The RFQ shall include the current "Standard Designer Application Form for
Municipalities and Public Agencies not within DSB Jurisdiction," which is available for
download from the Massachusetts Designer Selection Board website at Procedures for
Munici�alities and Public Agencies not within DSB Jurisdiction. The Application Form
may be amended to include additional information on a project-specific basis.
7. The �"^�III,�,�r ��u.u��?I�u����u � �����u�Il� shall evaluate applicants based on the following criteria:
a. priar similar experience;
b. past performance on public and private projects;
c. financial stability;
d. identity and qualifications of the consultants who will work with the applicants
on the project; and
e. any other criteria that the�q�,��r�II s ai��il u�n u u ��u�m u��,�m u u�.��� considers relevant to the
proj ect.
8. The�oitrit��r����",����V�i��a����mu� �.�i�����m u��;,�,��� shall select at least three finalists. Finalists may be
required to appear for an interview or provide additional information to the
�III �w����i�����u���� � ���u���i.u�.;,,�,provided that all finalists are afforded an equal opportunity
to do so. If fewer than three responses are received, the�.���r��➢uai���ud�uu ��,�um��u��u����will
treat all responses as finalists aild may require each finalist to appear for an interview or
� provide additional information to the r�irrtrr�r��I������V�i����u�u�� m�;����°���u�q�,provided that all
finalists are afforded an equal opportunity to do so.
9. The t-�-rrurn r�� ,tir�w�lhi���if��.��u ���u�„nA u„II� shall rank the finalists in order of qualification
and make a recommendation of award to the����e�tr����''��"II�'���;;�w�;u�n� ������M "�m
�.�����m��w�u�.�w��. No person or firm, including applicants' listed consultants, debarred
pursuant to M.G.L. c. 149, § 44C, shall be included as a finalist on the list.
The list must be accompanied by a written explanation of the reasons for selection
including the recorded vote, if any. The written explanation and recorded vote, if any,
shall be public records and shall be maintained in the contract�'ile.
10. If the fee was set prior to the selection process, the�e�-�rr�-�e� "���u��u���u�r�u��!����������°;,;�
�.����µ;uyu�n�w�.�w;�� shall select a designer from the list of finalists. If the���
��a�w����u�o� u u u����; V������ �'^� �N�w�w�1���na �w;, selects a designer other than the one ranked first by the
'��III',^��r���u����uu���uu..� u�utti��uai���� the��r��-�a� °�Il������u°�u��u��,.� q�iti�����,� � ����.�;u��u�wwu��� shallfile a
� written justification for the selection with the�'^�m�'� �,���ai,����.�if u+.�up ���u�+.���i.�,�� and maintain
a copy in the contract file.
11. If the fee is to be negotiated, the�-�r�-�e� "�����;�u db�ru������„� ��������,r �� ���w�„�ii„��,�u����`w� shall
review the list of�'inalists and may exclude any designer from the list if a written
explanation of the exclusion is filed with the �"��rr���I����r���ii���tlu���u�u ��u�°�°��u��l.:�� and
maintainedin the contract file. The�i�-�'��.�I��u�+o��uuu� ���;��b�,r'^� �,�� �u�,�ud�;�� shall
request a fee proposal from the first ranked designer remaining on the list and begin
� contract negotiations. If the��i�i�r��-�e� °����,�,���u u��,���u��u� ���.0 r,;��� � �.��;� u�u,�n�.����,is unable to
negotiate a satisfactory fee with the first ranked designer within thirty (30) days,
negotiations shall be terminated and undertaken with the remaining designers, one at a
� time, in the order in which they were ranked by the��",��;�llu�,��u�.o�n ���u a.u�i;��„�until
agreement is reached. In no event may a fee be negotiated which is higher than the
� maximum fee set by the�r�-�e�����II.��u��.�,�w� u����, ���u��� �r'�� ��� ��u�����°��°;prior to s election
of finalists.
12. If the designer's fee is negotiated, the designer shall file a t��th-in-negotiations certificate
� prior to being awarded the contract by the���e�e�,��,��,�u��u�������;p�n�m ����'�a ,' ` '���,� ��ur�����p'��;,
which must be incorporated into the contract. The certificate shall contain:
a. a statement that the wage rates and other costs used to support the designer's
compensation are accurate, complete and current at the time of contracting; and
b. an agreement that the original contract price and any additions to the contract may
be adjusted within one (1)year of completion of the contract to exclude any
significant amounts if the Awarding Authority determines that the fee was
increased by such amounts due to inaccurate, incomplete or noncurrent wage rates
or other costs.
13. If the�c�r�-�e� ��.�Il.�u���� u�ui7i ]��b�.��,r �� ��� ��u�7�w�u� ��;- is unable to negotiate a satisfactory
fee with any of the finalists, the �����r"��Il.,u��u����uu�� q��;w����,r �„ ��,��,.�ii������ r�,��,�,; shall
recommend that the�� ,w���,��i�r��G+��u���,p � i��u���u u,ll.!!� select additional fmalist��� �����
l� . s.
14. The�,-��a�r�g-�������°����n��Authority may allow a designer who conducted a feasibility
study to continue with the design of a project. However, the A�� ����:U,uira���Authority
may commission, at its discretion, an independent review, by a knowledgeable and
competent individual or business doing such work, of the feasibility of the designer's
work to insure its reasonableness and its adequacy befare allowing the designer to
� continue on the project,provided the � �'�������.�,�.�u���Authority otherwise complies
with the statutory requirements for selecting a designer under Chapter 7C of the General
Laws, including those set forth in M.G.L. c. 7C, § 54(a)(i).
15. Every contract for design services shall include the following:
a. certification that the designer or construction manager has not given, offered, or
agreed to give any person, corporation, or other entity any gift, contribution, or
offer of employment as an inducement for, or in connection with, the award of
the contract for design services;
b. certification that no consultant to, or subcontractor for, the designer or
construction manager has given, offered, or agreed to give any gift, contribution,
or offer of employment to the designer or construction manager, or to any other
person, corporation, or entity as an inducement for, or in connection with, the
award to the consultant or subcontractor of a contract by the designer or
construction manager;
c. certification that no person, coiporation, or other entity, other than a bona-fide
full-time employee of the designer or consti-uction manager, has been retained or
hired by the designer or construction manager to solicit for or in any way assist
the designer or construction manager in obtaining the contract for design services
upon an agreement or understanding that such person, corporation, or other entity
be paid a fee or other consideration contingent upon the award of the contract to
the designer; and
d. certification that the designer has internal accounting controls as required by
M.G.L. c. 30, § 39R(c), and that the designer has filed and will continue to file an
audited financial statement as required by M.G.L. c. 30, § 39R(d).
All fees shall be stated in design contracts, and in any subsequent amendments thereto, as
a total dollar amount. Contracts may provide for equitable adjustments in the event of
changes in scope or services.
16. The Awarding Authority shall not enter into a contract for design services unless the
Awarding Authority or the designer has obtained professionalliability insurance covering
negligent errors, omissions, and acts of the designer or of any person or business entity for
whose performance the designer is legally liable arising out of the performance of the
contract. The total amount of such insurance shall at a minimum equal the lesser of one
million dollars or ten percent of the project's estimated cost of construction, or such larger
ainounts as the Awarding Authority lnay require, for the applicable period of limitations.
A designer required by the Awarding Authority to obtain all or a portion of such insurance
coverage at its own expense shall furnish a certificate or certificates of insurance coverage
to the Awarding Authority prior to the award of the contract.
17. Every contract for design services shall include a provision that the designer or its
consultants shall not be compensated for any services involved in preparing changes that
are required for additional work that should have been anticipated by the designer in the
preparation of the bid documeiits, as reasonably determined by the individual
responsible for administering the design contract.
18. In the event of an emergency that precludes the normal use of these designer selection
P � ����-�- II������� ��° �..°,r �� ��������������"��:"may elect to authorize
roce ures t e � u� wu�a.�w-u�� �'��.���
expedited procedures to address the emerg y ?��e�rr�-�e� II ll �' r�� � � �����
u
enc . e "� � ����� uuu ,� ����.I �j..
���wm�mu�w�u���w�; shall document in writing the reasons for the emergency declaration, the
proposed scope of work, the estimated cost of construction, the established fee for the
needed design services, and any other relevant information.
The "��r^����^ �^���,,�,���p�ua��,rumu�� 1����;������� � ���+ � u�u����� may select three�'inalists from any
standing list of designers who have applied for projects of a similar nature, or may
otherwise select three designers to be considered as finalists for the project. The
� �����-���"�Il�ull���u�;�� umu��, ���ma��,r"� ��r�u�„pu�.��,�,�- shall rank the finalists in order of
qualification and select the designer for the emergency work.
19. The Awarding Authority shall publish the name of any designer awarded a contract in
the Central Register.
20. The following records shall be kept by the Awarding Authority:
a. all information supplied by or obtained about each applicant;
b. all actions taken relating to the project; and
c. any other records related to designer selection.
All records shall be available for inspection by the state Designer Selection Board and
other authorized agencies.
21. The Awarding Authority shall evaluate designers'performance on contracts using the
Designer Selection Board evaluation form(s) in accordance with M.G.L. c. 7C, § 48(h),
and file completed evaluations with the Board and any other agency named in M.G.L. c.
7C, § 48(h).
22. Nothing in these Procedures shall be interpreted to require the establishment of a board or
waive or reduce the requirements of any other applicable law or regulation.
23. For any municipal design or construction proj ect that includes funding provided by the
Commonwealth, in whole oN in part(such as reimbursements, grants and the lilce), cities
and towns must incoiporate minority-owned business enterprise and women-owned
business enterprise participation goals. If applicable, the Awarding Authority shall take
steps to assure that it complies with all Su�plier Diversity Office requirements.
�°��
°'�" �T��' �
�a �'�;" �r ���
- �,_
� ��� ���: �
� �
�� �� ��
� ����,� �
�
�����'"`
Town of Lexington
Comptroller's Office
Purchasing
Elizabeth Mancini,Purchasing Director TeL (781) 698-4628
emancini(a�lexin onma. o�v Fax: (781) 861-2794
Town of Lexington
Designer Selection Procedures
1. These procedures govern the selection of designers for any municipality or local public
agency building project subject to the state designer selection law, M.G.L. c. 7C, §§ 44-
57. This requirement does not apply to housing authorities or to projects far which
funding is requested from the Massachusetts School Building Authority. Any other
local law governing the procurement of services will be inapplicable to these
procurements.
2. The Select Board ("Approving Body")has the authority to conduct the designer selection
process for the Town of Lexington ("Awarding Authority"). The Approving Body
hereby delegates its authority to conduct the designer selection process to the Town
Manager to act on its behalf and any other duties described herein to the extent such
delegation is pei-missible by law.
3. The Approving Body's designee shall designate the individual or group of individuals
(hereinafter referred to as "the Evaluation Group") who will conduct the designer
selection process for each project. No member of the Evaluation Group shall participate
in the selection of a designer for any project if the member, or any of the member's
immediate family:
a. has a direct or indirect financial interest in the award of the design contract to any
applicant;
b. is currently employed by, or is a consultant to or under contract to, any applicant;
c. is negotiating or has an arrangement concerning future employment or contracting
with any applicant; or
d. has an ownership interest in, or is an officer or director of, any applicant.
4. A Request for Qualifications (RFQ) for each contract subject to these procedures shall be
advertised in a newspaper of general circulation in the locality of the building project, in
the Central Register published by the S ecretary of the Commonwealth, and in any other
place required by the Awarding Authority, at least two weelcs before the deadline for
filing applications.
5. The advertisement shall contain the following information:
a. a description of the project, including the specific designer services sought,
the time period within which the project is to be completed, and, if available,
the estimated construction cost;
b. if there is a program for the building project, a statement of when and where
the program will be available for inspection by applicants;
c. when and where a briefing session (if any)will be held;
d. the qualifications required of applicants;
e. the categories of designer's consultants, if any, for which applicants must list
names of consultants they may use;
f. whether the fee has been set or will be negotiated; if the fee has been set, the
amount of the fee must be listed in the advertisement;
g. when and where the RFQ can be obtained and the applications must be delivered.
6. The RFQ shall include the current "Standard Designer Application Form for
Municipalities and Public Agencies not within DSB Jurisdiction," which is available for
download from the Massachusetts Designer Selection Board website at Procedures for
Munici�alities and Public Agencies not within DSB Jurisdiction. The Application Form
may be amended to include additional information on a project-specific basis.
7. The Evaluation Group shall evaluate applicants based on the following criteria:
a. prior similar experience;
b. past performance on public and private proj ects;
c. financial stability;
d. identity and qualifications of the consultants who will work with the applicants
oii the proj ect; and
e. any other criteria that the Evaluation Group considers relevant to the project.
8. The Evaluation Group shall select at least three finalists. Finalists may be required to
appear for an interview or provide additional information to the Evaluation Group,
provided that all finalists are afforded an equal opportunity to do so. If fewer than three
responses are received, the Evaluation Group will treat all responses as finalists and may
require each finalist to appear for an interview or provide additional infor�nation to the
Evaluation Group, provided that all finalists are afforded an equal opportunity to do so.
9. The Evaluation Group shall rank the finalists in order of qualification and make a
recommendation of award to the Approving Body's designee. No person or firm,
including applicants' listed consultants, debarred pursuant to M.G.L. c. 149, §
44C, shall be included as a finalist on the list.
The list must be accompanied by a written explanation of the reasons for selection
including the recorded vote, if any. The written explanation and recorded vote, if any,
shall be public records and shall be maintained in the contract file.
10. If the fee was set prior to the selection process, the Approving Body's designee shall
select a designer from the list of finalists. If the Approving Body's designee selects a
designer other than the one ranked first by the Evaluation Group, the Approving Body's
designee shall file a written justification for the selection with the Evaluation Group and
maintain a copy in the contract file.
11. If the fee is to be negotiated, the Approving Body's designee shall review the list of
finalists and may exclude any designer from the list if a written explanation of the
exclusion is filed with the Evaluation Group and maintained in the contract file. The
Approving Body's designee shall request a fee proposal from the first ranlced designer
remaining on the list and begin contract negotiations. If the Approving Body's designee
is unable to negotiate a satisfactory fee with the first ranked designer within thirty (30)
days, negotiations shall be terminated and undertaken with the remaining designers, one
at a time, in the order in which they were ranked by the Evaluation Group until
agreeinent is reached. In no event may a fee be negotiated which is higher than the
maximum fee set by the Approving Body's designee prior to selection of finalists.
12. If the designer's fee is negotiated, the designer shall file a truth-in-negotiations certificate
prior to being awarded the contract by the Approving Body's designee, which must be
incorporated into the contract. The certificate shall contain:
a. a statement that the wage rates and other costs used to support the designer's
compensation are accurate, complete and current at the time of contracting; and
b. an agreement that the original contract price and any additions to the contract inay
be adjusted within one (1)year of completion of the contract to exclude any
sigiuficant amounts if the Awarding Authority determines that the fee was
increased by such amounts due to inaccurate, incomplete or noncurrent wage rates
or other costs.
13. If the Approving Body's designee is unable to negotiate a satisfactory fee with any of the
finalists, the Approving Body's designee shall recommend that the Evaluation Group
select additional finalists.
14. The Awarding Authority may allow a designer who conducted a feasibility study to
continue with the design of a project. However, the Awarding Authority may
commission, at its discretion, an independent review, by a knowledgeable and competent
individual or business doing such worlc, of the feasibility of the designer's work to insure
its reasonableness and its adequacy before allowing the designer to continue on the
project,provided the Awarding Authority otherwise complies with the statutory
requirements for selecting a designer under Chapter 7C of the General Laws, iiicluding
those set forth in M.G.L. c. 7C, § 54(a)(i).
15. Every contract for design services shall include the following:
a. certification that the designer or construction manager has not given, offered, or
agreed to give any person, corporation, or other entity any gift, contribution, or
offer of employment as an inducement for, or in connection with, the award of
the contract for design services;
b. certification that no consultant to, or subcontractor for, the designer or
construction manager has given, offered, or agreed to give any gift, contribution,
or offer of employment to the designer or construction manager, or to any other
person, coiporation, or entity as an inducement for, or in connection with, the
award to the consultant or subcontractor of a contract by the designer or
construction manager;
c. certification that no person, corporation, or other entity, other than a bona-fide
full-time employee of the designer or construction manager, has been retained or
hired by the designer or construction manager to solicit far or in any way assist
the designer or consti-uction manager in obtaining the contract for design services
upon an agreement or understanding that such person, corporation, or other entity
be paid a fee or other consideration contingent upon the award of the contract to
the designer; and
d. certification that the designer has internal accounting controls as required by
M.G.L. c. 30, § 39R(c), and that the designer has filed and will continue to file an
audited financial statement as required by M.G.L. c. 30, � 39R(d).
All fees shall be stated in design contracts, and in any subsequent amendments thereto, as
a total dollar amount. Contracts may provide for equitable adjustments in the event of
changes in scope or services.
16. The Awarding Authority shall not enter into a contract for design services unless the
Awarding Authority or the designer has obtained professional liability insurance covering
negligent errors, omissions, and acts of the designer or of any person or business entity for
whose performance the designer is legally liable arising out of the performance of the
contract. The total amount of such insurance shall at a minimum equal the lesser of one
million dollars or ten percent of the proj ect's estimated cost of construction, or such larger
amounts as the Awarding Authority may require, for the applicable period of limitations.
A designer required by the Awarding Authority to obtain all or a portion of such insurance
coverage at its own expense shall furnish a certificate or certificates of insurance coverage
to the Awarding Authority prior to the award of the contract.
17. Every contract for design services shall include a provision that the designer or its
consultants shall not be compensated for any services involved in preparing changes that
are required for additional work that should have been anticipated by the designer in the
preparation of the bid documents, as reasonably determined by the individual
responsible for administering the design contract.
18. In the event of an emergency that precludes the normal use of these designer selection
procedures, the Approving Body's designee may elect to authorize expedited procedures
to address the emergency. The Approving Body's designee shall document in writing the
reasons for the emergency declaration, the proposed scope of work, the estimated cost of
construction, the established fee far the needed design services, and any other relevant
information.
The Approving Body's designee may select three finalists from any standing list of
designers who have applied for projects of a similar nature, or may otherwise select three
designers to be considered as finalists for the project. The Approving Body's designee
shall rank the finalists in order of qualification and select the designer for the emergency
work.
19. The Awarding Authority shall publish the name of any designer awarded a contract in
the Cent�al Registe�.
20. The following records shall be kept by the Awarding Authority:
a. all information supplied by or obtained about each applicant;
b. all actions taken relating to the project; and
c. any other records related to designer selection.
All records shall be available for inspection by the state Designer Selection Board and
other authorized agencies.
2L The Awarding Authority shall evaluate designers'performance on contracts using the
Designer Selection Board evaluation form(s) in accordance with M.G.L. c. 7C, § 48(h),
and file completed evaluations with the Board and any other agency named in M.G.L. c.
7C, § 48(h).
22. Nothing in these Procedures shall be interpreted to require the establishment of a board or
waive or reduce the requirements of any other applicable law or regulation.
23. For any municipal design or construction project that includes funding pNovided by the
Commonwealth, in whole or in pa�t(such as reimbursements, grants and the lilce), cities
and towns must incorporate minority-owned business enterprise and women-owned
business enterprise participation goals. If applicable, the Awarding Authority shall take
steps to assure that it complies with all Su�lier Diversitv Office requirements.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve Amendments to Semiquincentennial Commission (Le�50) Charge
ITEM
PRESENTER: NUMBER:
Joe Pato, Select Board Chair
C.3
SUMMARY:
Category:Decision-Making
The Semiquincentennial Coininission(Lex250)has requested that the following changes be made to the charge
as outlined in the attached redlined version:
• Increase number of inembers from ll to 15
• Add "Quorum: Quorum shall be a majority of inembers serving"
• Update Criteria for Membership to increase the number of Community Members from 2 to 6
• Update the background options for the Community Members to include: "...transportation, security,
fundraising and/or publicity"
SUGGESTED MOTION:
To amend the Semiquincentennial Coininission(Lex250) charge by making the following changes as proposed:
• Increase number of inembers from 11 to 15
• Add "Quorum: Quorum shall be a majority of inembers serving"
• Update Criteria for Membership to increase the number of Community Members from 2 to 6
• Update the background options for the Community Members to include: "...transportation, secuxity,
fundraising and/or publicity"
Move to approve the consent.
FOLLOW UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
ATTACHMENTS:
Description Type
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SEMIQUINCENTENNIAL COMMISSION (Lex250)
Members: 15�Members
Appointed by: Select Board
Length of Term: Following the completion of all planned activities in 2026.
Meeting Times: As determined by the Commission.
Provide for a minimum of three community meetings (one daytime/one
evening/one weekend day) to solicit public comment within the first 18
months of the Commission's formation.
4uorum: Quorum shall be a ma'�ority of inembers servin�
Description: To evaluate,make recommendations and coordinate the Town-wide activities to be
held to commeinorate the 250�'Anniversary of the Battle of Lexington(which will take place ii1
Apri12025) and other historical events related to the founding of our Country. And to further the
coordination of the Town's events with local, state,regional and federal events.
Deliverables: As part of its study and investigation, the committee shall develop a
comprehensive plan for celebrating and promoting the 250th anniversary of the Battle of
Lexington to include:
1. Identify funding needs
2. Identify potential sources of funding including but not limited to:
a. Commemorative Memorabilia
b. Public/Private Partnerships
c. Gifts and Grants (private, State and/or Federal)
3. Identify opportunities for individuals or organizations to participate in celebrations
with a commitinent to diversity, inclusiveness, and opportunity at all levels and
activities
4. Investigate opportunities for a possible permanent memorial
5. Transportation-related issues
6. Marketing and communication
7. Determine what sub-committees or additional staffing requirements (event planning)
may be necessary and seek proper approval from the Select Board
8. Updates will be presented to the Select Board at least Quarter
Criteria for Membership: Appointments will be made by the Select Board. The Select Board
will also designate a Chair.
One Member from each of the following Boards or Committees will serve on this committee:
• Select Board
• Tourism Committee
• Town Celebrations Committee
Along with representatives from each of the following groups:
• Civic/Community Group Representative
• �6 Community Members with a background or interest in history, event planning,.
"��logistics, trans�ortation, security, fundraisin� and/ar�ublicit�
• Local Museum or Historical Organization Representative
• Lexington Public School Representative
• Local Business Representative
• Music &Arts Community Representative
• Reenactment Community Representative
Staff support as appropriate from the following departments: Department of Public Warks,
Economic Development Office, Cary Memorial Library,Fire Department, Police Department,
Town Manager's Office, Department of Public Facilities
Ex Officio/Liaisons (non-voting):
• Appropriation Committee
• Capital Expenditures Committee
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 summaiy will be provided by and
acknowledged to the Town Clerlc.
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 Selectlnen on January 13, 2020
Amended by Select Board on January 25, 2021
SEMIQUINCENTENNIAL COMMISSION (Lex250)
Members: 15 Members
Appointed by: Select Board
Length of Term: Following the completion of all planned activities in 2026.
Meeting Times: As determined by the Commission.
Provide for a minimum of three community meetings (one daytime/one
evening/one weekend day) to solicit public comment within the first 18
months of the Commission's formation.
Quorum: Quorum shall be a majority of inembers serving.
Description: To evaluate,make recommendations and coordinate the Town-wide activities to be
held to commeinorate the 250�'Anniversary of the Battle of Lexington(which will take place ii1
Apri12025) and other historical events related to the founding of our Country. And to further the
coordination of the Town's events with local, state,regional and federal events.
Deliverables: As part of its study and investigation, the committee shall develop a
comprehensive plan for celebrating and promoting the 250th anniversary of the Battle of
Lexington to include:
1. Identify funding needs
2. Identify potential sources of funding including but not limited to:
a. Commemorative Memorabilia
b. Public/Private Partnerships
c. Gifts and Grants (private, State and/or Federal)
3. Identify opportunities for individuals or organizations to participate in celebrations
with a commitinent to diversity, inclusiveness, and opportunity at all levels and
activities
4. Investigate opportunities for a possible permanent memorial
5. Transportation-related issues
6. Marketing and communication
7. Determine what sub-committees or additional staffing requirements (event planning)
may be necessary and seek proper approval from the Select Board
8. Updates will be presented to the Select Board at least Quarter
Criteria for Membership: Appointments will be made by the Select Board. The Select Board
will also designate a Chair.
One Member from each of the following Boards or Committees will serve on this committee:
• Select Board
• Tourism Committee
• Town Celebrations Committee
Along with representatives from each of the following groups:
• Civic/Community Group Representative
• 6 Community Members with a background or interest in history, event planning,
logistics, transportation, security, fundraising and/or publicity
• Local Museum or Historical Organization Representative
• Lexington Public School Representative
• Local Business Representative
• Music &Arts Community Representative
• Reenactment Community Representative
Staff support as appropriate from the following departments: Department of Public Warks,
Economic Development Office, Cary Memorial Library,Fire Department, Police Department,
Town Manager's Office, Department of Public Facilities
Ex Officio/Liaisons (non-voting):
• Appropriation Committee
• Capital Expenditures Committee
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 summaiy will be provided by and
acknowledged to the Town Clerlc.
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 Selectlnen on January 13, 2020
Amended by Select Board on January 25, 2021
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Approve Select Board Meeting Minutes
ITEM
PRESENTER: NUMBER:
Joe Pato, Select Board Chair
C.4
SUMMARY:
Category:Decision-Making
The Select Board is being asked to approve the following set of minutes:
. July 10, 2023 S elect Board
SUGGESTED MOTION:
To approve and release the July 10, 2023 Select Board minutes.
Move to approve the consent.
FOLLOW UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
ATTACHMENTS:
Description Type
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SELECT BOARD MEETING
July 10, 2023
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, July 10,
2023,remotely via Zoom remote meeting services. Mr.Pato, Chair;Ms. Barry,Vice Chair, Mr. Lucente,
and Mr. Sandeen,were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback,Executive Clerk;
and Ms. Axtell,Deputy Town Manager.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND L1AlSON REPORTS
1. Select Board Member Concerns and Liaison Reports
The Board expressed condolences to the family and friends of Keoni Hubbard, Lexington Boy Scout and
Clarke Middle School student,who passed away last week.
Mr.Pato stated that deliberations on the Hanscom field expansion topic will occur at the Board's July 24,
2023 meeting. He also noted that, on Saturday, the Town celebrated the 240t''anniversary of
Massachusetts Emancipation Day, also known as Quock Walker day.
DOCUMENTS: Cor�espondence Secretary Report-July 10, 2023, Select Board Announceinents and
Liaison Reports -July 10, 2023
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy explained that he has supplied the Board with a new policy on photography and filming in
Town buildings,which was previously reviewed by Town Counsel. Also,the Noise Bylaw revisions will
likely come before the Board on July 24t"for initial discussions. On July 24t'',the Board also has a
discussion scheduled regarding the $275,000 earmark that the Town received for transportation
improvements.
DOCUMENTS: Weel�ly Update 6-30-23, Weekly Update 7-7-23
CONSENT AGENDA
1. Approve Residential Solid Waste Regulation Amendment
Move to adopt the revised Residential Solid Waste Regulations dated July 2023,as attached.
DOCUMENTS: Final Clean Revision,Final Redline Revision
2. Record Select Board Committee Liaison Assignments
To record the Select Board Members comrnittee liaison assignments as proposed to be effective July 1,
2023.
DOCUMENTS: 2023 Select Board Committee Liaison Assignments
3. Approve Select Board Meeting Minutes
• June 5,2023 Select Board
• June 5,2023 Select Board/School Committee Joint Meeting
• June 12,2023 Select Board
• June 21,2023 Select Board
To approve and release the following minutes: June 5,2023 Select June 5,2023 Select Board and School
Committee Joint Meeting,June 12, 2023 Select Board, and June 21, 2023 Select Board.
DOCUMENTS: DRAFT 06052023 Select Board Minutes, DRAFT 060523 Joint SB-SC Minutes,
DRAFT 06122023 Select Board Minutes, DRAFT 06212023 Select Board Minutes
4. Approve Select Board Committee Appoint�nents
• Historic Districts Commission-Daniel Hisel
• Vision for Lexington Committee- Select Board Member-Jill Hai
To appoint Daniel Hisel to the Historic Districts Commission as a full member for a term set to expire on
December 31, 2027.
To appoint Jill Hai as the Select Board Member on the Vision for Lexington Committee to fill an
une�pired term set to expire on September 30,2024.
DOCUMENTS: 2023 Historic Districts Commission Application-D. Hisel
5. Accept Select Board Committee Resignation
• Lexington Council for the Arts -Anwell Tsai
To accept the resignation of Anwell Tsai from the Lexington Council far the Arts effective immediately.
DOCUMENTS: ResignationLetter-A.Tsai
6. Approve and Sign Water and Sewer Adjustments
To approve and sign the attached Water& Sewer Adjustments as recommended by WSAB on June 8,
2023.
DOCUMENTS: Adj for 7-10-23 SB Mtg
VOTE: Upon a motion duly made and seconded, the Select Board,by roll call,voted 4-0 to approve the
remainder of the Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing: Noise Bylaw Special Permit—Night Work for Phase 2A Water Main
Replacement on Lowell Street and Woburn Street
Mr. Pato formally opened the public hearing at 6:40pm.
Amy Coppers Constantino, from Wright-Pierce; explained that this is regarding Phase 2A of the Town of
Burlington's Water Main Replacement project along Lowell Street, from Maple Street to North Street and
North Street from Lowell Street to Adams Street in Lexington. A request for a special permit under the
noise bylaw has been submitted, seeking approval for work related to the installation of a replacement
manhole at the Woburn Street and Lowell Street intersection during the nighttime hours of 7:OOpm-
S:OOam,Monday through Friday,to work in hours outside of peal�commuter traffic to reduce delays
along a major commuter corridor at the intersection of Lowell and Woburn Streets. The worlc would be
scheduled following the review and approval of this application and is planned to take place during the
weeks of July 17, 2023 and July 24, 2023.Fire,Police, and Health reviewed the application and have no
issues/concerns regarding the request as it relates to their respective departments.
In response to a question from Mr. Sandeen regarding the status of the project, Ms. Coppers Constantino
stated that the 24"water main is complete, and all of the houses have been connected to it. The contractor
is planning to complete final trench paving for 8,SOO linear feet of this project by next Monday. Paving of
the remaining 1,SOO linear feet from Fulton Street to East Street will be coinpleted this fall in the
September/October timeframe.
There was discussion regarding the curb-to-curb restoration in this area. Ms. Coppers Constantino expects
that the curb-to-curb restoration for the entire project will be completed next year.
Mr.Pato closed the public hearing at 6:SOpm.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0, by roll call,to approve a
Noise Bylaw Special Permit for evening worlc to be conducted from 7:OOpm to S:OOam for a total of 8
nights, Monday through Friday,to take place between July 17,2023 -July 28,2023, for work related to
the installation of a replacement manhole at the Woburn Street and Lowell Street intersection in
Lexington related to the Town of Burlington's water main replacement project.
DOCUMENTS: Application-Night Work Request 2023_Phase 2A Water Main
2. Liquor License Amendments—Lixi Hospitality Lexington FBMGT, Inc. d/b/a Aloft Lexington,
727A Marrett Road: Pledge of License, Change of Manager and Change of Officer
Ms. Royce, Sherin and Login,LLP,representing Lixi Hospitality Lexington FB Mgt, stated that they
were just notified on the morning of July 10, 2023 that Robert Ayers will no longer be with Aloft
Lexington as of the end of July 2023. She requested a continuance on the proposed manager portion of
the Liquor License amendment application.
ln light of the Board having been informed of a recent investigation into a potential liquor license
violation at the Aloft Hotel, as well as the proposed manager on the application leaving the company,the
Select Board did not act on any portion of the Lixi Hospitality Lexington FB Mgt d/b/a Aloft Lexington
liquor license amendment application at this meeting. It was noted that an updated application will need
to be submitted for future consideration.
DOCUMENTS: Aloft Liquor License Amendment Application
3. Liquor License Amendments -Lixi Hospitality Lexington FB MGT, lnc. d/b/a Element
Lexington, 727B Mairett Road: Pledge of License, Change of Manager and Change of Officer
Ms. Royce explained that Lixi Hospitality Lexington FB Mgt,INC d/b/a Element Lexington has
submitted all the necessary paperwork requesting approval for a Pledge of License, Change of Officer,
and a Change of License Manager on their All-Alcohol Innholder Liquor License. The proposed manager,
Deidre Anderson, submitted a current Alcohol Awareness Training Certificate. The required CORl check
has been completed.
In response to a question from Mr. Sandeen, Ms. Royce explained that Lixi Hospitality Lexington FB
Mgt,INC is the holder of the license. There are various entities who operate different elements of the
hotel, and who have entered into the loan agreement. Both of the licenses are held by the same entity,but
there are two different properties managers.
Mr. Malloy stated that, according to the Town's tax records, Lixi Hospitality is the property owner. There
is not a management agreement in place.
Dawn McKenna, 9 Hancock Street, asked why the Board would approve a liquor license when there is a
pending violation. She recommended the Board not take action on this item until it can hear about the
pending violations. Mr. Malloy noted that he has not yet reviewed the file to determine if the violation
would rise to the level of a hearing. Also,the two licenses should be considered separately.
VOTE: Upon a motion duly made and seconded,the Select Board,by roll call,voted 3-1 to approve Lixi
Hospitality Lexington FB Mgt, INC d/b/a Element Lexington's application for a Pledge of License,
Change of Officer, and Change of License Manager naming Deidre Anderson as Manager and upon
ABCC approval, issue an updated Liquor License to Lixi Hospitality Lexington FB Mgt, INC d/b/a
Element Lexington, located at 727B Marrett Road reflecting Deidre Anderson as License Manager.
DOCUMENTS: Element Liquor License Amendment Application
4. Review and Approve Proposed Engraving far Ground-Mounted Granite Structure for LexSeeHer
Monument
Jessie Steigerwald,LexSeeHer,updated the Board on the LexSeeHer monument project. She explained
that she is seeking the Board's input and approval for the inscriptions for the ground mounted center
circular piece of granite and four pavers of the LexSeeHer monument project. Approval is not being
sought yet to inscribe the individual names of the women represented onto other pavers. This will be
discussed with the Board at a future date.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0,by roll call,to approve the
inscriptions for the LexSeeHer Monument project as submitted to the Board in the memo, dated June 23,
2023,included this meeting packet.
Regarding an appropriate documentation scheme for the funds for this project,Mr.Pato suggested that
LexSeeHer collaborate with staf£ The Board agreed,with the understanding that Mr. Malloy will have
the final signoff on this item.
Ms. Steigerwald noted that there will be a ceremonial groundbreakinb on Saturday,August 26th at 3pm.
DOCUMENTS: LexSeeHer Request for approval of proposed engraving for ground-mounted granite
5. Approve Request for Designer Selection Policy
Mr. Malloy reviewed the proposed changes to the Designer Selection Policy.
In response to a question from Mr. Sandeen, Mr. Malloy stated that this policy will cover all municipal
construction projects for which the Town hires a designer and any non-MSBA funded school construction
projects. Mr. Malloy will confirm that the School Superintendent and School Committee are in agreement
with this proposal before it is brought bacic to the Select Board.
The Board agreed to review this as part of the Consent Agenda for the next meeting.
DOCUMENTS: Designer Selection Policy, 7-10-23 Revision to Designer Selection Policy
6. Update From Chief Equity Officer
Hemali Shah, Chief Equity Officer,updated the Board. She explained that the Town will be conducting
an internal equity audit. The goal is to better understand the organization's gaps and barriers in the
policies and processes, and to understand the culture of organization and how staff feel working here.
Staff has also been worlcing on a resolution framework for senior leadership.
Mr. Sandeen thanked Ms. Shah for reaching out to the Select Board members to understand their
Diversity Equity and Inclusion goals for the Town. In response to a question from Mr. Sandeen,Mr.
Malloy agreed that Ms. Shah would come back to reflect on what she had heard from the Select Board
and how that will influence plans for the future.
Bob Pressman,22 Locust Avenue, asked if there is a current requirement far all hires that they are
informed of the makeup of the applicant pool by relevant characteristics. Mr. Malloy stated that there is
not a requirement of this type.
Deborah Strod, 10 Thoreau Road, and a member of the team that brought the Systemic Racism warrant
article to Town Meeting,thanked Ms. Shah for her work and transparency in this report.
DOCUMENTS: Employee demographics
7. Update on Solar Canopy for Police Station Project
Mr. Malloy stated that, on June 14,2023,the Historic Districts Commission(HDC)voted to support the
continued design of the solar canopy option l,with the Massachusetts Avenue leg. This echoes the saine
support given by the Select Board on June 12, 2023. The support was provided with a caveat to continue
evaluating if there are options to break down the mass of the large solar field that spans over the parking
through a design charrette with member(s) of the HDC. This decision allows the design team to continue
the foundation layout that can support the canopy as the architectural design continues to Ue refined. The
design team is meeting with the structural engineers to pursue the foundation design so that pricing can be
obtained and to worlc on the foundations which could initiate over the summer. An additional community
design charrette is anticipated to discuss landscaping design, specifically between the solar structure and
the bike path. Mr. Malloy will inform the Board when the landscaping charette is scheduled. Tecton is
continuing the overall design effort in anticipation of an agenda spot on the August 3,2023 HDC hearing
to obtain a certificate of appropriateness.
8. Review and Approve Fiscal Year 2023 Year—End Transfers
Carolyn Kosnoff,Assistant Town Manager for Finance, explained that this year's request includes two
interdepartmental end of year transfers, one salary reserve request, and one increase to a Revolving Fund
limit.
Regarding the Town's property and liability insurance,this was previously adjusted at annual Town
Meeting by$25,000, due to the FY23 premium being higher than anticipated. This was budgeted at 6%,
but the total ended up being 10%. Additionally, the Town had to talce out a builder's risk insurance policy
to cover the Police Station and the Westview Cemetery buildings.The $12,800 is proposed to be moved
from the Town Manager's Professional Services account to cover this. The other end of year transfer
proposed is a transfer of$13,000 from the Select Board Contractual Services account into the PEG
LexMedia account.
Ms. Kosnoff explained that the Health Revolving Fund had an authorization limit set by Town Meeting
for FY23 of$45,000. This is proposed to be increased by$10,000,up to $55,000. This is due to an
expanded adult vaccine program that the Health Director has implemented.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0,by roll call,to approve the
Select Board and the Town Manager interdepartmental end of year transfers and the Health Department
Revolving Fund Limit Increase as presented in the attached forms to the packet.
Ms. Barryy recused herself f�om the Police Salary Reserve Transfer Request.
Regarding the proposed Police salary reserve transfer request,Ms. Kosnoff explained that the total
amount staff is requesting to take out of the Town Manager's Salary Adjustment account in order to cover
the settled contract for FY23 is $187,000.
VOTE: Upon a motion duly made and seconded,the Select Board voted 3-0, by roll call, to approve the
Police Salary Reserve Transfer as presented in the attached forms to the packet.
DOCUMENTS: FY2023 End of Year Budget Adjustments
9. Discussion on Planning Charrette far Lexington Center
The Board discussed whether it would like to have staff schedule a charrette far the Center related to
economic development. The cost, as proposed, is $25,000 and the previous discussion was to request that
the Select Board approve funding through ARPA.
Mr. Sandeen agreed with this idea and proposed at least two charrettes. Mr. Lucente agreed that there
would be at least two public meetings for this topic.
Mr. Malloy noted that this will likely be scheduled for the fall.
Ms. Barry suggested a robust outreach effort leading up to the charrette.
There was consensus on the Board to move this item forward.
DOCUMENTS: Carol Kowalski Letter
10. Review and Approve American Rescue Plan Act(ARPA) Requests
Mr. Malloy reviewed his recommendations from the ARPA request list for the Board's consideration. The
Board agreed to hold off on any discussion regarding participatory budgeting set asides until all five
Board Members could be present. Additionally, the Board concurred they were not in favor of using
ARPA funds for the purchase of an elections trailer and storage, or for the development of a municipal
building decarUonization roadmap plan.
Ms. Barry asked to add the hands-free bathroom fixtures for the Library and for the Community Center to
the list for the Board's consideration for this round of ARPA fund approvals. She also expressed concern
that the Town has a Sustainability Officer and a Chief Equity Officer without budget line items.
Ms. McKenna stated that she has had individual conversations with each of the five Board members
regarding support and understanding of the economic value of tourism.None of the items discussed
tonight reflect the one thing which the Town Manager has never put forward, which is supporting the
Visitor Center and Liberty Ride operations that were severely impacted by COVID and are still trying to
recover. She asked the Board to place some funding from the participatory budgeting item into the
Tourism Revolving Fund,which will pay for a year of the new Liberty Ride trolley contract and help with
marketing and advertising.
Mr.Pato stated that he is not comfortable allocating money to tourism at this time without a proposal
from staf£ He would lilce for the Board to evaluate a concrete proposal in the future.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0,by roll call,to approve the
following requests to be funded with ARPA funds:
• Center Charette $25,000
• Food Insecurity $150,000
• Front Hall Meeting Display $1,168
• Water Fountain Installation at Lincoln Park $6,800
• Additional fund needed for purchase of $36,862
Ambulance
• Mental Health Clinician $260,000 ($80,000 for 3.25 years)
• Electronic Letter Opener(Clerk's Office) $2,895
• Lexington Hybrid Meeting Technology $561,100
Upb ade
� Hands Free Bathroom Fixtures—Library TBD
• Hands Free Bathroom Fixtures—Community TBD
Center
DOCUMENTS: ARPA Spreadsheet and Requests,AR.PA Hands Free, Town Clerk language update
ARPA
11. Discuss Select Board Report for Fiscal Year 2023 Annual Town Report
The Board reviewed the FY23 Annual Town Report. Mr. Pato stated that he would take the feedback and
create an outline for the report and assign scribes.
DOCUMENTS: Copy of FY2022 Annual Town Report- Select Board Report, Copy of 2023 Annual
Town Meeting- Select Board Report
12. Approve Temporary On-Street Parking- 75 Fottler Avenue
Mr. Malloy explained that the property owner at 75 Fottler Avenue has received a special permit from the
ZBA to expand the home. As part of the special permit,the ZBA required that the applicant receive a
permanent approval from the Select Board to continue parking on the street. The house currently has no
driveway and the residents park on the street. Both the Chief of Police and DPW Director have indicated
a concern with this type of a permanent approval to park on-street. Mr. Malloy stated that he met with the
property owner to review options and the property owner is pursuing the option that would provide a
small driveway to parlc off-street. This driveway would be constructed as part of the overall construction
project and the property owner has requested to continue parking on the street until it can be completed.
The Town Manager is recommending that on-street parking be allowed through June 2024 and that the
small driveway be completed prior to the issuance of the certificate of occupancy on the addition to home.
VOTE: Upon a motion duly made and seconded,the Select Board voted 4-0, by roll call,to allow the
property owner at 75 Fottler Avenue to continue parking on street,in the same area currently used for
parking,through June 30,2024 and that the off-street option(attached)is completed prior to the issuance
of a certificate of occupancy on the addition to the house.
DOCUMENTS: 75 Fottler Avenue Off-Street Parking Option
13. Approve Townwide Policy for Paid Parental Leave
Ms. Barry recused herselffroin this item and exited the meeting.
The Board reviewed the Paid Parental Leave Policy that the Board previously reviewed and approved in
executive session. Mr. Malloy explained that, during negotiations with some of the Town's unions,this
became an issue with some of the unions. The Board made it clear that any policy should be applicable to
all employees of the Town,not specific unions. The Human Resources Director established a working
group that consisted of representatives from all unions to develop this policy that would provide this as a
benefit to all employees (union and non-union).
VOTE: Upon a motion duly made and seconded,the Select Board voted 3-0,by roll call,to approve the
Paid Parental Leave Policy(Administrative Directive#34) as attached.
DOCUMENTS: Paid Parental Leave Policy, Redlined updates per last SB meeting
ADJOURN
VOTE: Upon a motion duly made and seconded,the Select Board voted 3-0 to adjourn the meeting at
8:58pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Appointment of Election Officers for 2023-2024
ITEM
PRESENTER: NUMBER:
Joe Pato, Select Board Chair
C.5
SUMMARY:
Category:Decision-Making
Attached please fmd a recommendation from the Town Clerk and Board of Registrars regarding appointment
of election officers.
SUGGESTED MOTION:
To approve the list of election ofticers for the period of September 1, 2023 through August 31, 2024 as
recommended by the Town Clerk and Board of Registrars as presented in the memo dated June 13, 2023.
Move to approve the consent.
FOLLOW UP:
Town Clerk
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023
ATTACHMENTS:
Description Type
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Town of Lexington
Town Clerk's Office
Board of Registrars
Tel: ��gl� s6z-osoo X4ssg
Gordon M. Jones III, Chair Fax: (781) 861-2754
Judith E. Moore
Mark R. Vitunic
Mary de Alderete, Clerk
MEMORANDUM
TO: Jill Hai, Chair, Select Board
FROM: Mary de Alderete, Clerlc, Board of Registrars
DATE: June 13, 2023
RE: Select Board appointment of 2023-2024 Election Officers
I am pleased to report that there are 177 names to put forth for appointment this year.
The attached list of persons interested in serving as Election Officers for 2023-2024 is provided for
appointment in accordance with MGL c. 54§12-14 governing the annual appointment of Election Officers
by the Select Board.
The Board of Registrars, at its meeting of June 9, 2023, reviewed the names of those registered voters
expressing an ulterest in serving as Election Of�cers and unanimously voted to recommend to the Select
Board for appointment the persons listed on the attached report (dated June 6, 2023). This listing of the
177 Election Officials includes 9 Republican, 74 Democrat, and 94 Unenrolled registered voters.
Accordingly, the Board of Registrars requests the Select Board vote to appoint as Election Officers, for
the period beginning September 1, 2023 the persons listed on the attached pages.
Please reach out if I may provide any additional information.
Many thanks for your consideration.
,
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Enc:�Electio
n�'`Officer Candidates 2023-2024
cc: Board of Registrars
Kim Katzenback, Executive Clerk, Select Board
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
Election Officer Candidates for
Appointment/Reappointment - 2023-2024
Last Name First Name MI Str # Street Party
Amar Mabel 119 Simonds Rd DEM
Ament-Bergey Shirley 29 Greenwood St DEM
Backlund Guy R. 92 Bedford St DEM
Baer June M. 346 Waltham St LJNR
Bailey Josephine 1�. 1475 Massachusetts Ave LJNR
Baker Marsha E. 46 Burlington St DEM
Balaban Robert 22 Leonard Rd DEM
Bennani Maureen 250 Man-ett Rd DEM
Bennet Andrew D 54 Tarbell Ave UNR
Berkowitz Lawrence L 32 Moon Hill Rd DEM
Biglow Diane 1�• 15 Bellflower St LJNR
Bleiberg Sallye F, 960 Waltham St DEM
Boer Susan Dudnick 56 Robbins Rd DEM
Boiney Lindsley G• 533 Lowell St DEM
Boucher Robert 252 Lincoln St LTNR
Bi-uss Kenneth 7 Kendall Rd LJNR
Burnell Mary 4 Eaton Rd LTNR
Burns Arline A. 37 Cliffe Ave UNR
Burns Maureen T. 83 Bedford St LJNR
Burwell Cristina R. 6 Albemarle Ave DEM
Cameron Ellen Nadine 12 Scotland Rd DEM
Carothers Sarah M. 4 Frost Rd UNR
Caton Suzanne B. 6 Fifer Ln DEM
Cavatorta Marcia Frances 12 Forest St REP
Chanoux Anita B. 46 Hancock St LTNR
Chen Gang 24 Bellflower St LTNR
Chung Janice C. 7 Hilltop Avenue LTNR
Clark Rita P. 51 Spring St. REP
Cohen Linda R. 1010 Waltham St LTNR
Tuesday,June 6,2023 Page 1 of 6
Last Name First Name MI Str # Street Party
Cohen Norman P. 1010 Waltham St LTNR
Cohn Ellen S. 32 Moon Hill Rd DEM
Collins Christine A. 429 Waltham St DEM
Comings Richard J. 840 Bridge St DEM
Conway L. Susan 29 Woodland Rd LTNR
Cooper Constance "No BF 30 Greenwood St DEM
Costello Patricia Elen 9 Preston Rd LTNR
Counts-Klebe Margaret L. 8 Hancock Ave DEM
Cutler Brian Todd 7 Carville Ave DEM
Deutsch Brenda O'Connor 17 Phinney Rd DEM
Diamant Lisa 31 Ingleside Rd DEM
Dixon Linda J. 70 Fifer Ln LTNR
Dondley Irene 1�• 22 Leonard Rd DEM
Edwards Francine C. 96 Outlook Dr LJNR
Eisenberg George O. 54 Gleason Rd LTNR
Eisenberg Maida G. 54 Gleason Rd UNR
Enders Robert H 11 Kimball Rd DEM
England Perullo Susan U. 165 Lowell St DEM
Farris Donnalee A. 158 Maple St UNR
Fenollosa Marilyn M. 10 Marshall Rd DEM
Fenollosa Michael K. 10 Marshall Rd DEM
Fiedler Anne S. 54 Chase Ave DEM
Finnagan Jodia L. 5 Keeler Farm Way UNR
Foley Edward J. 40 Brandon St UNR
Forsdick Harry C. 46 Burlington St LTNR
Fortmann Carla V. 5 Han-ington Rd LTNR
Frankel Sheila 3 Kimball Rd DEM
Freeman Charles 1�. 16 Normandy Rd REP
Freeman Margaret 1�. 16 Normandy Rd LJNR
Friedlander Daniel 15 Ponybrook La DEM
Friedlander Elizabeth 15 Ponybrook La DEM
Tuesday,June 6,2023 Page 2 of 6
Last Name First Name MI Str # Street Party
Friedman Michael 12 Loring Rd DEM
Fulhner Walter C. 66 Fifer Ln REP
Fusco Argelia lnes 37 Woburn St UNR
Gall Cheryl W 12 Hancock Ave DEM
Gao Yang 204 Woburn St LTNR
Garcia-Cabrera Maria Pilar 75 Woburn St DEM
Garland Elizabeth B. 21 Preston Rd DEM
GasUarro Sandra M. 4 Seaborn Pl UNR
Goldthwait Carol A. 251 Mass. Ave. REP
Golovchenko Elizabeth M. 1 Nowers Rd LTNR
Gorospe Rebecca Fagan 42 Carville Ave UNR
Graham Natalie 18 Turning Mill Rd LJNR
Grasso Patricia 7 Gould Rd DEM
Greenwald Greig 19 Sutherland Rd DEM
Hagopian Sonya 12 Lantern Ln LJNR
Halverson Jane N. 2210 Massachusetts Ave UNR
Harter podd B. 5 Wildwood Rd LTNR
Head Kathleen 40 Fair Oaks Dr LJNR
Heaton Debra M. 80 School St UNR
Hill Marie E. 159 Burlington St LTNR
Himmel Magdalena W. 66 Hancock St LTNR
Hussong Laura J. 13 Lois Lane DEM
Hutton Mary R.S. 67 Valley Rd DEM
Johnson Dennis Robert 549 Lowell St UNR
Kadlec Anne 19 Paul Revere Rd, Acton LTNR
Khavandgar Raana 23 Locke Ln REP
King Charmaine L. 70 Simonds Rd LTNR
Knight Mary L. 56 Emerson Gdns LTNR
Kuudson Edgar A 656 Marrett Rd LJNR
Lucas Caroline K 30 Balfour St DEM
Lund Donald Peter 20 Hancock St REP
Tuesday,June 6,2023 Page 3 of 6
Last Name First Name MI Str # Street Party
Mahoney Barbara J. 6 Curve St DEM
Marinaro Susan 33 Forest St DEM
Marquis Lorain A. 62 Valley Rd UNR
Mason Sheryl T. 33 Robinson Rd LTNR
Mclntosh Donald 1�• 5 Liberty Ave DEM
Mclntosh Sean C. 5 Liberty Ave DEM
McLeish Susan A. 33 Forest St LJNR
Millane Cecilia 27 Calvin St UNR
Miller Julie Ann 4 Lois Ln LTNR
Minardi Lee Raoul 37 Downing Rd DEM
Mula Louis p. 656 Marrett Rd UNR
Murphy Grace M 6 Colony Rd DEM
Nielsen Shannon 11 Allen St UNR
Nolan Louise Maly 9 Stevens Rd LJNR
Olt Nancy L. 7 Gould Rd DEM
O'Neill Anne B. 1475 Massachusetts Ave UNR
Ouellette Margaret 23 Tucker Ave DEM
Parker Lucille M. 262 Massachusetts Ave LJNR
Parrish A. Constance 36 Kendall Rd UNR
Peifer Pamela J 15 Barnes Pl DEM
Perkins Stephen S. 14 Baker Ave LTNR
Peterson Greta J. 3 Winston Rd LJNR
Prensky Simon 222 Lincoln St DEM
Puopolo Evangeline K. 35 Prospect Hill Rd UNR
Quinn Margaret M. 58 Paul Revere Rd DEM
Rabins Erica 14 Bird Hill Rd LTNR
Ramsey Barbara S. 52 Dexter Rd LTNR
Rao Jyoti 60 Allen St DEM
Rockwell Susan R. 366 Lowell St LJNR
Rohrer Richard 17 Trotting Horse Dr LTNR
Romero Loyde H. 5 Frost Rd DEM
Tuesday,June 6,2023 Page 4 of 6
Last Name First Name MI Str # Street Party
Rommelfanger Barbara Potkay 25 Hilltop Ave LTNR
Rooney E. Ashley 20 Hancock St UNR
Rynn Maureen F. 2 Countryside Village UNR
Salonen Ethel M 49 Colony Rd DEM
Samra Virginia 1�. 663 Lowell St. LTNR
Saradjian Margaret 259 Bedford Street DEM
Sarathy Arjun 40 Robinson Rd LTNR
Schott-Marcell Jody M. 22 Flintlock Rd DEM
Schuler Clark S. 646 Marrett Rd LTNR
Schuler Judith A. 646 Marrett Rd LTNR
Schwartz Donna Pruess 1948 Massachusetts Ave DEM
Setterlund Lon-aine A. 2 Circle Rd LTNR
Shaw Sandra J. 51 Wachusett Dr DEM
Shiple Thomas R. 18 Phinney Rd LJNR
Shurtleff Martha 445 Lowell St LJNR
Sibert Julie Claire 30 Ingleside Rd UNR
Siegel Ellan B. 3 Diamond Rd LTNR
Sillari Deborah M. 5 Solomon Pierce Rd DEM
Simon Kristin M. 50 Vaille Ave DEM
Skerry James D. 11 Pine Knoll Rd. LTNR
Small Joan R. 6 Fairbanks Rd LTNR
Snell Carol S. 6 Preston Rd DEM
Spence Michael C. 33 Forest St. UNR
Sperber Michael Bruce 14 Sea Breeze Ln UNR
Steigerwald Jessie 143 Cedar St LJNR
Steigerwald Schna Julia C. 143 Cedar St UNR
Stevens Alison B. 1373 Massachusetts Ave UNR
Strimling Phyllis R. 1010 Waltham St LTNR
Strong Ann R. 37 Maple St DEM
Suhl Emmy 57 Forest St. DEM
Tec Leora 5 Rindge Ave DEM
Tuesday,June 6,2023 Page 5 of 6
Last Name First Name MI Str # Street Party
Thenen Matthew A. 90 Maple St LTNR
Thoinas Ruth 10 Parker St DEM
Thompson Julia H. 11 Norton Rd DEM
Thuma Jean H. 149 Wood St DEM
Todd Duncan G. 4 Frost Rd LTNR
Torsiello Elaine Lois 47 Potter Pond REP
Tracy Margaret J. 63 Oak St DEM
Trudeau Jane �1. 1364 Massachusetts Ave DEM
Vandale John David 64 Taft Ave LTNR
VanDeurse Gary B. 42 Percy Rd DEM
Varughese George 12340 Main Campus Dr UNR
Walsh Matthew J. 41 Spring St DEM
Ward Elaine P•V• 20 Marrett Rd LTNR
Webster Ann S. 16 Brent Rd LJNR
Webster Chet Peter B. 16 Brent Rd LJNR
Weinberger Virginia 69 Bridge St UNR
West Cheryle 75 Westview St REP
Wilhoite Becky 1475 Massachusetts Ave LJNR
Woit Janet Z. 30 Edgewood Rd DEM
Wood Martha C. 51 Gleason Rd DEM
Worcester Christin L. 26 Freemont St DEM
Zaborowski Tutko Dorothy 16 Smith Ave LJNR
Zeder Jeri B. 900 Massachusetts Ave DEM
Zeigler Evan R. 10 Bloomfield St UNR
Tuesday,June 6,2023 Page 6 of 6
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Discuss Resident Cemetery Fees
ITEM
PRESENTER: NUMBER:
Jim Malloy, Town Manager
I.1
SUMMARY:
Category: Brainstorming
In April there was an issue of a former long-term resident(50 years)that had moved out of town into an
assisted living facility and then was buried in Lexington and charged the non-resident fee of$400. The family
brought this to management's attention and asked that the non-resident fee be waived. In discussions at that
time, staff determined it would be best to ha�e a policy in place to address this type of issue in the future. The
recommended policy is as follows:
Waiver of Non-Resident Cemetery Fee Policy— The Town will waive non-resident cemeteiy fees for former
residents that(1) lived in Lexington for twenty-five (25)years or longer; and (2)moved out of Lexington prior
to one year before theu death. The Town Manager is authorized to approve any non-resident cemeteiy fee
waivers.
SUGGESTED MOTION:
No motion at this time this is on the agenda for a discussion. This item can then be placed on a future agenda
for a vote, either as an individual item or on the consent agenda if the Board is in agreement.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 6:SSpm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Jack Maloney Billiard Room Sign at Le�ngton Community Center
PRESENTER: ITEM
NUMBER:
Melissa Battite, Director of Recreation
& Community Programs L2
SUMMARY:
Category:Decision-Making
This item was previously presented to the Select Board and the Board requested that the sign be scaled down
to better fit within the area of the Community Center. Attached please fmd the revised request and to scale
sketches of the sign.
SUGGESTED MOTION:
Move to approve the "Jack Maloney Billiard Room" sign as attached.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 7:OSpm
ATTACHMENTS:
Description Type
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Town of Lexington
Memorandum
To: James Malloy, Town Manager
From: Christine Dean, Community Center Director
Date: July 6, 2023
Re: Naming of the Community Center Billiard Room
The Recreation and Community Programs Department requests to be placed on the July 24, 2023 Select Board
meeting agenda to request a naming of the Billiard Room in the Community Center.
• The Agenda Item/Title: Naming of the Community Center Billiard Room to be the John"Jack"Maloney
Memorial Billiard Room
• Vote/info/update: This item will request the vote of the Select Board to approve.
• Summary of presentation: John"Jack" Maloney made many significant contributions to the community
throughout his lifetime. He was very active in Rotary International, as President of the Lexington Rotary
Club 1975-1976, and as District Governor (1980-1981) of district 7930. Jack was also a multiple Paul Harris
Fellow of Rotary International. He belonged to the Lexington Chainber of Commerce. He was a Town
Meeting member for many years and was appointed to many conunittees in Lexington. Jack was the former
President and Chairman on the board of Depositors Trust Company in Medford and Lexington. Jack was also
the recipient of the Lexington Lion's Club White Tricorne Hat in 2003 for his outstanding contributions to
the Town of Lexington. He also served on the Boards of North Cambridge Catholic in North Cambridge as
well as Cristo Rey High School. For many years he served on the board of the Josiah Hayden Recreation
Center in Lexington, serving as Treasurer for 10 plus years.
• Timeline Summary: We request that this item be included on the consent agenda as it is an update to a
previous meeting with suggestions from the Board.
• Implications of aetion/non-action: Taking a vote/action will allow the Rotary Club to move forward with
purchasing the sign to be installed above the entrance to the Billiard Room. No action will result in the room
remaining unnamed.
• Materials: All presentation materials are enclosed.
• Support: During the February 15, 2023 Recreation Committee meeting, the request was presented and
moved and unanimously(5-0) supported this request. "The Recreation Committee approves the request to
name the Billiards Roonz at the Lexington Community Center in honor of Jack Maloney, with fznal details as
determined by Town staff and the Select Boa�d." Subsequently, the Select Board received the request at the
May 22, 2023 meeting and asked that the sign be reduced in size.
Upon opening the Community Center in 2015, the Rotary Club of Lexington was instruinental in funding the
equipment for the billiards room. There is currently recognition within the room for their contributions and it would
be fitting to officially name the room in their honor.
Thank you and please let me know of any questions.
Cc: Melissa Battite, Director of Recreation and Community Programs
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AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Acceptance of Bench Donations - Lincoln Park
PRESENTER: ITEM
NUMBER:
Melissa Battite, Director of Recreation
& Community Programs L3
SUMMARY:
Category:Decision-Making
The Recreation Committee voted 5-0 to approve with the following motion: "The Recreation Committee
moves to approve benches being placed at Lincoln Park in memory of Tiffany Fontanez, Mark Freitas, and
Peter Vincent Ciampa as recommended by the Lincoln Park Sub-Corrunittee."
The requests for Ms. Fontanez and Mr. Freitas are granite replacements for wood benches that have reached a
state of disrepair and the location of the bench in memoiy of Mr. Ciampa is in process.
SUGGESTED MOTION:
To approve the acceptance of the (3)bench donations at the Lincoln Park.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 7:l Opm
ATTACHMENTS:
Description Type
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MEMORANDUM
To: James Malloy, Town Manager
From: Melissa Battite, Director of Recreation & Community Programs
Date: July 11, 2023
Re: Bench Donations at the Lincoln Park
• The Agenda Item/Title: Bench Donations
• Vote/info/update: This item will request the vote of the Select Board to approve.
• Summary of presentation: Over the past several years, Lincoln Park has had many
requests to install memorials, primarily benches, to loved ones as the park is such a
meaningful place to many community members. Requests range from memorials being
located in quiet, more contemplative areas of the park to sittings closer to fields for
viewing of the more active areas of park. The Lincoln Park Sub Committee is very
thoughtful in their review and acceptance of these requests spending time with loved
ones and sponsors in considering the in-memoriam relationship to Lexington as well as
bench siting. The Lincoln Parl<Sub-Committee requested the Recreation Committee's
approval for the acceptance of(3) bench donations at the Lincoln Park during the May
17, 2023 Recreation Committee meeting. The Recreation Committee voted 5-0 to
approve with the following motion: "The Recreation Committee moves to approve
benches being placed at Lincoln Park in memory of Tiffany Fontanez, Mark Freitas, and
Peter Vincent Ciampa as recommended by the Lincoln Park Sub-Committee." The
requests for Ms. Fontanez and Mr. Freitas are granite replacements for wood benches
that have reached a state of disrepair and the location of the bench in memory of Mr.
Ciampa is in process.
• Timeline Summary: The presentation will be approximately 5 minutes for questions
and or comments.
• Implications of action/non-action: Taking a vote/action will allow the installation of the
3 benches at the Lincoln Parlc.
• Materials: All presentation materials are enclosed.
• Support: Recreation Committee, Lincoln Park Sub Committee, the donors.
Thank you and please let me know of any questions.
Cc: Recreation Committee
Brian I<elley, Chair, Lincoln Park Sub-Committee
Creating Community Through People, Parks& Places
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Approve Conservation Commission Acceptance of Land Donation&Authorize the Town
Manager to Take All Actions to Complete - 35 Hayes Lane, Parcels 1 & 2
ITEM
PRESENTER: NUMBER:
Karen Mullins, Conservation Director
I.4
SUMMARY:
Category:Decision-Making
Attached please fmd a July ll memo from Karen Mullins, Conservation Duector regardmg real property
donations at 35 Hayes Lane. In suininaiy as part of the redevelopment plan for 35 Hayes Lane, the property
owners (Peter and Valerie Johnson)ha�e agreed to donate the two parcels ident�ed on the plans as parcels 1
& 2. These parcels contain environmentally sensitive riverfront, wetlands and floodplain open space areas and
provide a connection from Hayes Lane to the Lower Vine Brook Consei-vation Area.
Also attached are the Record vote, Record plan, Site construction plan, Donation Agreement and SP RD decision.
SUGGESTED MOTION:
Move:
(a) To approve that certain Real Property Donation Agreement by and between Peter D. Johnson and Valerie
J. Johnson and the Town of Lexington, acting by and through its Consei-vation Coininission, substantially in
the form presented to the Board at its July 24, 2023 meeting;
(b) To approve the acceptance of the Property by the Town of Lexington Conservation Commission; and
(c) To authorize James J. Malloy, the Town Manager of the Town of Lexington, to take all actions on behalf of
the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the donation of the
Property in accordance with the Real Property Donation Agreement.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 7:15pm
ATTACHMENTS:
Description Type
❑ V�zx��,�"au�c°sa➢ (e"�1,��a�,a��ua°,st �.:ar�c�u CVllto:n�r
❑ �allbniV9V��i<,uer�� 4'asv�n T'�la°or«r
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To: Jim Malloy, Town Manager
From: Karen Mullins, Conservation Director
Date: July 1l, 2023
Re: Conservation Real Property Donations: Parcel 1 and 2, 35 Hayes Lane
The Conservation Division requests to be placed on the July 24, 2023 Select Board meeting
agenda to approve the acceptance by the Conservation Commission of two parcels of land.
• The Agenda Item/Title: Conservation Real Property Donations: Parcel 1 and 2, 35 Hayes Ln
• Vote/info/update: This item will request the following vote of the Select Board with
respect to those certain parcels of land in Lexington, Middlesex County, Massachusetts,
being shown as "Parcel 1 Area=19,272 +SF (Not a Buildable Lot)" and"Parcel2
Area=22,852+SF (Not a Buildable Lot)" on a plan of land entitled"Subdivision Plan of
Land 35 Hayes Lane, Lexington, MA" dated August 15, 2022,prepared by RJ O'Connell
&Associates, Inc., and recorded with the Middlesex South District Registry of Deeds
(the"Re_��') as Plan 867 of 2022 (collectively, the "Property"), which is a portion of
the premises described in that certain Quitclaim Deed dated September 30, 1989, and
recorded with the Registry in Book 20113, Page ll 8:
(a) To approve that certain Real Property Donation Agreement by and between Peter
D. Johnson and Valerie J. Johnson and the Town of Lexington, acting by and
through its Conservation Commission, substantially in the form presented to the
Board at its July 24, 2023 meeting;
(b) To approve the acceptance of the Property by the Town of Lexington
Conservation Commission; and
(c) To authorize James J. Malloy, the Town Manager of the Town of Lexington, to
talce all actions on behalf of the Town that are reasonably necessary, in the
judgment of the Town Manager, to complete the donation of the Property in
accordance with the Real Property Donation Agreement.
(See attached RecoNd T�ote drafted by Town Counsel for signatures and reco�ding)
• Summary: Consistent with the recent Planning Board Site Sensitive Special Permit
Residential Development Decision subdividing the 3.08-acre lot of 35 Hayes Lane into
tluee (3)buildable lots and two unbuildable parcels in the rear shown as Parcel 1 and 2,
the Owner/Applicant, Peter and Valerie Johnson, have agreed to permanently protect the
unbuildable Parcel 1 and 2 by donation to the Conservation Commission before issuance
of the first Certificate of Occupancy for the development. Both Parcel 1 and Parcel 2
contain environmentally sensitive riverfront, wetlands, and floodplain open space areas as
well as provide a key connection from Hayes Lane to the Lower Vine Brook
Conservation Area, making them ideal candidates for donation to the Town for
conservation purposes; expanding the adjacent Lower Vine Brook Conservation Area by
42, 124 square feet(0.96 acres).
• Timeline Sulnmary: The presentation will be no more than 5 minutes and then tiine for
any questions.
• I�nplications of action/non-action: Taking a vote/action will allow the final donation
acceptance steps to take place, and will allow you, the Town Manager, to take all actions
to complete the donation. No vote/action will prevent the donation of two key
conservation parcels providing connection to the Lower Vine Brook conservation area
from Hayes Lane and protection of environmentally sensitive riverfront and 100-year
flood plain open space areas and will prevent the owner from obtaining the first
Certificate of Occupancy within the development as conditioned by the Planning Board
Special Permit Decision.
• Materials: All relevant materials are attached, except for the most up to date Donation
Agreement will be forwarded before the packet deadline.
Thank you and please reach out with any questions.
Cc: Carol Kowalski, Asst. Town Manager for Development
���IU ���
2q22 25(��#,3023 pm
�`'M'�"�k� LEXINGTON PLANNING BOARD
�q�""��'"N� ��,�� 1 G25 MASSACHUSETTS AVENUE, LEXINGTON, MA ��� I� d�.�_I�I��I�a
,cy�
'� '" ��� MEMBERSOFTHEPLANNINGBOARD: �•���I�IU'�������.���0 IU��
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��"�� ��� �� � l"��� ROBERT PETERS,CHAIR, MICHAEL SCHANBACHER,VICE CHAIR
��, �` ., n, .., � Y���
��,� �" ,, MELANIE THOMPSON, CLERK, ROBERT CREECH, CHARLES HORNIG,
A����u}p�
� � '��� MICHAEL LEON,ASSOCIATE MEMBER
����N1G�""�'�� ,,
DECISION OF THE PLANNING BOARD
SPECIAL PERMIT SITE-SENSITIVE RESIDENTIAL DEVELOPMENT
AND DEFINITIVE SUBDIVISION
35 HAYES LANE
PERMIT#: PLAN-22-13
October 19, 2022
APPLICANT: Michael Novak, Patriot Engineering
35 Bedford Street, Suite 4
Lexington, MA 02420
PROPERTY Peter D. and Valerie J. Johnson
OWNER: 35 Hayes Lane
Lexington, MA 02420
PROPERTY 35 Hayes Lane
LOCUS: Map 55, Lot 47A
Zoning District: RO (Single-Family)
PROJECT SUMMARY
The proposed development will subdivide the 3.08-acre lot into three (3) buildable lots with access from
Hayes Lane and two unbuildable parcels in the rear shown as parcel 1 and 2. The existing property
contains a single-family dwelling and conservation-restricted land on the northerly portion of the lot. A
total of two new dwellings will be added and the existing dwelling will remain. Hayes Lane is an
unaccepted street and requires a Street Adequacy Determination from the Planning Board.
STATEMENT OF FINDINGS
PROCEDURAL FINDINGS:
After having reviewed all the plans and material filed by the Applicant and its representatives and having
considered the analysis, supplemental information provided during the course of the public hearings,
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 1 of 9
correspondence, and testimony from various staff, the public, and from all other interested parties, the
Planning Board makes the following procedural and project findings:
1. On August 22, 2022, an application requesting a Site Sensitive Development Special Permit,
pursuant to §135-6.9 and §135-9.4 of the Zoning Bylaw; Definitive Subdivision, pursuant to §175
Planning Board Subdivision Regulations; and Street Adequacy Determination (the decision for
which has been recorded separately) pursuant to §176-7.0 Unaccepted Streets Standards of the
Planning Board's Zoning Regulations was filed with the Planning Board by Michael Novak of
Patriot Engineering on behalf of Peter and Valerie Johnson and was determined to be complete
and submitted to the Town Clerk on August 25, 2022.
2. Pursuant to M.G.L. Chapter 40A, Sections 9 and 11 and M.G.L. Chapter 41, Section 81 T and the
applicable provisions of the Zoning Bylaw and Planning Board Zoning Regulations, the Planning
Board caused notice of the public hearing to be published in the Lexington Minufeman, a
newspaper of general circulation in Lexington, on September 1, 2022, and again on September
8, 2022. Notice of the public hearing was posted in the Town Office Building with the Town Clerk
and on the official town website commencing on August 25, 2022 and continuing through the
opening of the public hearing on September 21, 2022. Said notice of public hearing was mailed
postage prepaid to all Parties in Interest as defined in M.G.L. Chapter 40A, Section 11 on August
25, 2022.
3. The public hearing on the Application commenced on September 21, 2022, and continued to
October 19, 2022 held remotely via Zoom, pursuant to M.G.L. c. 30A §§18-25, c. 20 of the Acts
of 2021, and c. 22 of the Acts of 2022 further extending the remote access provisions through
July 15, 2022, and further continued pursuant to c. 107 of the Acts of 2022 further extending the
remote access provisions through March 31, 2023. The Planning Board accepted public
comments via Zoom, mail, and e-mail.
4. Planning Board members Robert Peters, Charles Hornig, Robert Creech, Melanie Thompson,
and Michael Schanbacher were present for all of the public hearings. The Board closed the public
hearing on October 19, 2022.
5. Planning Board members Robert Peters, Charles Hornig, Robert Creech, Melanie Thompson,
and Michael Schanbacher deliberated on the Application at meetings on September 21, 2022 and
October 19, 2022.
6. The Street Adequacy Determination for Hayes Lane, an unaccepted street, was filed on October
17, 2022 as permit no. PLAN-22-16. The street adequacy determination was considered at the
same time as this special permit.
PROJECT-SPECIFIC FINDINGS:
In the course of the public hearing process, the Planning Board took under advisement all information
received from various municipal departments; comments made by members of the public; and
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 2 of 9
information submitted by the Applicant. The Planning Board arrived at this Decision based on §135-6.9
of the Zoning Bylaw and makes the following findings specifically for the project at 35 Hayes Lane.
1. Propertv, Historic Preservation, Site Sensitivity, and Neiqhborhood Characteristics: The proposed
Site Sensitive Development includes three lots and two unbuildable parcels, with an existing
dwelling to remain on one of the lots and two of the lots to be improved with one-family dwellings.
This is consistent with the surrounding residential uses on similar-sized lots. The existing lot is
improved by a one-family dwelling with a looped driveway and a conservation easement along
the northern property line. Proposed changes included removing part of the looped driveway to
create two private driveways for the two additional dwellings. The existing conservation restricted
land is shown as proposed Parcel 1. Applicant has agreed to work with the Conservation
Commission to permanently protect the area shown on the plans as proposed Parcel 2.
2. Buildina Disposition. The proposed new dwellings are generally sited in a manner similar to the
abutting neighborhood.
3. Traffic and Parkinq: The Planning Board reviewed the existing conditions as part of this special
permit and subdivision application. The proposed development utilizes three private driveways,
one per dwelling in the development. The Board found the site sensitive development to provide
adequate access to the proposed building lots. The three driveways will remain private and are
not considered ways within the meaning of the MA Subdivision Control Law M.G.L. c. 41, § 81 L.
4. Dwelling Unit Count and Limitations on Unit Size: The proposed development complies with the
provisions of §135-6.9.3.1. The submitted proof plan depicts three fully compliant building lots.
The proposed development includes three distinct lots with one-family dwellings. Applicant's
project is allowed a maximum total gross floor area for all buildings of 32,328 Square Feet under
§135.6.9.6.1.
5. Stormwater and Environmental Impact: The development proposes conventional stormwater
management techniques including isolator rows within subsurface infiltration systems with deep
sump catch basins for treatment and mitigation. The project, including all parcels, requires
compliance with the Stormwater Management Bylaw and current Stormwater Regulations for
Above Threshold Project Classification and with §5(2) and §5(6) of the Wetland Protection Rules.
6. Utilities: Utilities will be provided to all lots through Hayes Lane.
7. Visual Impacts: Seven trees will be removed on the lot, all of which should have little to no visual
impact from Hayes Lane or abutting properties. The Applicant is proposing 35 new trees
throughout the lot.
8. Dwellinqs: The existing dwelling is to remain, and the two new dwellings will each contain less
than 4,500 Square Feet of Gross Floor Area.
CONDITIONS OF APPROVAL
The Planning Board finds that the Application and Site Plans submitted by the Applicant comply with all
applicable provisions of the Zoning Bylaw and all applicable regulations relevant to this review, except
those waived by the Planning Board during the public review of the project. Accordingly, the Planning
Board votes to approve the plan set entitled "35 Hayes Lane (Assessors Map 55 Lot 47A) Definitive
Subdivision Plan Set" dated August 15, 2022, revised through October 12, 2022, prepared by Patriot
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 3 of 9
Engineering, prepared for Peter D. and Valerie J. Johnson, consisting of 15 sheets, subject to the
following conditions:
General Provisions.
1. This approval is limited to the three dwellings as shown on the site plan entitled "Site Construction
Plan" prepared by PATRIOT Engineering, Lexington, Massachusetts, prepared for Peter D. and
Valerie J. Johnson, dated August 15, 2022, revised to October 12, 2022.
2. No material corrections, additions, substitutions, alterations, or any changes shall be made to any
plans, proposals, and supporting documents approved and endorsed by the Planning Board
without the prior written approval of the Planning Board, or their designee. Any request for a
material modification of this approval shall be made in writing to the Planning Department for
review and approval by the Planning Board, or their designee and shall include a description of
the proposed modification, reasons the modification is necessary, and any supporting
documentation. Upon receipt of such a request, the Planning Department may, in the first
instance, decide in writing to authorize a minor modification to the site plans, or the Planning
Director may refer the matter to the Planning Board, which may consider and approve minor
modifications at a regularly scheduled Planning Board public meeting. In the event, the Planning
Board determines the change is major in nature (e.g., resulting in material changes, newly
identified impacts, etc.), the Planning Board shall consider the modification at a noticed public
hearing pursuant to M.G.L. c. 40A, ss. 9 and 11.
3. In the event that the permit is not exercised or substantial use thereof has not commenced within
three (3) years of the date of recording, except for good cause as determined by the Planning
Board, the permit shall be deemed null and void.
4. Applicant is responsible for filing any other permits or approvals that may be required by other
town, state, or federal entities such as the application for Stormwater Permit approval from
Engineering Department and/or the Conservation Commission filing.
5. The full project, including lots 1 and 2, shall comply with the Above Threshold Project
Classification of the Stormwater Regulations or with §5(2) and §5(6) of the Wetland Protection
Rules regardless of the amount of site disturbance.
Before the start of anv site work:
6. The Applicant shall record this Decision with any exhibits at the Middlesex South Registry of
Deeds prior to the commencement of authorized site activity and shall submit proof of recording
to the Planning Office. Failure to record this Decision prior to the commencement of authorized
site activity may result in the rescission of this Decision.
7. The Applicant is responsible for coordinating address assignments for the properties on Hayes
Lane.
8. The approved site plan shall be updated to include the location of the shared mailboxes and house
numbers.
9. Before endorsement, the Property Rights and Dimensional Standards Plan shall be updated with
house numbers approved by the Engineering Division.
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 4 of 9
10. Before endorsement of the Property Rights and Dimensional Standards Plan, the Planning Board
must receive a performance guarantee, in accordance with the provisions of §135-9.4.5 of the
Zoning Bylaw, to secure the construction of the two additional driveways and the installation of
utilities and services. Said form of guarantee may be varied from time to time by the Applicant
subject to agreement on the adequacy and the amount of said guarantee by the Board.
11. The Property Rights Plan (Sheet 4 titled "Subdivision Plan of Land"of the approved plan set)shall
be endorsed by the Planning Board and recorded at the South Middlesex Registry of Deeds.
Prior to issuance of the first Buildinq Permit:
12. A mylar copy of the recorded plans bearing the date of recording and the book and page number
shall be delivered to the Planning Department before any building permits are issued.
13. The Applicant shall work with the Conservation Director to determine how to permanently protect
Parcel 2 either through a Conservation Restriction or land donation to the Conservation
Commission.
Durinq Construction and Site Development
14. A copy of this Decision shall be kept on the Site in a location that is highly visible and accessible
during construction.
15. All construction activities relative to this decision shall comply in all respects to all applicable
Zoning Bylaw, Planning Board Zoning Regulations, and other municipal requirements unless
specifically waived by a vote of the Planning Board and recorded in writing.
16. Any work in the roadway and utility work is subject to the Department of Public Works Rules and
Regulations. Agents of the Planning Board shall have the right to enter the site and to gather all
information, measurements, photographs, or other materials needed to ensure compliance with
this approval. Agents of the Planning Board entering onto the site for these purposes shall
comply with all safety rules, regulations, and directives of the Applicant and the Applicant's
contractors.
17. No equipment on-site shall be started and allowed to warm up prior to the start of the allowed
construction hours or hours outlined in the Noise Control Bylaw. No vehicles are to arrive at the
construction site before the designated construction hours, with no vehicle parking, standing, or
idling on adjacent public or private streets. Oversized deliveries of construction materials shall
occur before or after peak traffic hours.
18. The Applicant shall perform a daily cleanup of construction debris, including soil on streets within
two hundred (200) yards from the entrance of the site driveways caused by construction relative
to the project.
19. The Applicant shall provide appropriate erosion control methods such as silt fences, straw wattles,
or organic hessian fabric burlap filled with compost around the stockpiles in case of a storm event,
in addition to the temporary dust control requirements.
20. The use of hay bales shall be prohibited on-site.
21. The use of plastic stabilization netting shall be prohibited.
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 5 of 9
22. The Applicant shall be responsible for ensuring that runoff and eroded material does not run onto
Hayes Lane, the abutting street.
23. The Applicant shall comply with the Stormwater Management Plan, prepared for Peter D. and
Valerie J. Johnson, Prepared by PATRIOT Engineering, Lexington Massachusetts, dated August
15, 2022, or any further revisions that may be required with the stormwater permit or Conservation
Commission approval.
24. All on-site utilities will be located underground.
Before the issuance of the first Occupancy Permits within the development:
25. The Applicant is responsible for seeking approval from the U.S. Post Office for the mailboxes at
the site entrance near Hayes Lane.
26. The protection for parcel 2 shall be executed and proof of recording at the Registry of Deeds
submitted to Conservation Director and Planning Director.
Prior to the request for each Certificate of Occupancv:
27. All deeds and easements shall be prepared for review and approval by the Town. The deeds must
include a specific reference to this special permit, enumerate the GFA, site coverage, and
impervious surface coverage allotted to the house lot, and include a narrative to explain any
preservation restrictions or limit of work areas. Upon approval by the Town, the applicant shall file
the appropriate deeds and easements with Middlesex South District Registry of Deeds or
Middlesex South Registry District of the Land Court. Proof of such recording shall be provided to
the Planning Department, which includes the date of recording, along with the book and page
number of executed legal documents.
Prior to the request for the last Certificate of Occupancy within the development:
28. Prior to the release of the surety, the Applicant shall provide the Planning Board with an "As Built
Plan" stamped by a Professional Engineer registered in the Commonwealth of Massachusetts
certifying that all improvements are completed in accordance with the approved Site Plans. The
as-built plan shall be submitted in electronic formats (PDF and AutoCAD) to the Planning and
Engineering Division. The AutoCAD file must conform to the current form of the Mass GIS
Standard for Digital Plan Submission to Municipalities or other standards requested by the
Engineering Division. The plan shall include, but not be limited to, site utility improvements and
tie-in dimensions to all pipes and connection points, walkways, sidewalks, landscape areas, lawn
areas, plantings, and retaining walls.
29.When Applicant has completed all improvements including all improvements required by any Street
Adequacy Determination and all required work as provided in the approved plans and any
conditions of approval, Applicant shall contact Engineering and Planning for a final site inspection.
Once staff has confirmed all work is completed, the release of surety will be scheduled for a
Planning Board meeting request for the release of funds. No funds will be released until written
confirmation from the Planning Board.
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 6 of 9
On-Goinq:
30. The property owners are responsible for maintaining the landscaping and all plantings on the
approved landscape planting plan. Any landscaping that does not survive shall be replaced in
kind within the first available growing season (between September 15 — November 15 and April
15— July 1).
RECORD OF VOTE
On October 19, 2022, the Planning Board voted five (5) in favor, none (0) opposed, and no (0)
abstentions to grant approval with conditions for the Definitive Residential, Site Sensitive
Special Permit Residential Development and Definitive Subdivision Application for the property
at 35 Hayes Lane.
Special Permit— Site Sensitive Development and Definitive Subdivision
Robert Peters- yes
Michael Schanbacher—yes
Melanie Thompson —yes
Charles Hornig —yes
Robert Creech - yes
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Board Chair Signature: Date: 10/25/2022
Date of Vote: October 19, 2022
EXIHIBITS
The Applicant has filed with the Planning Board various plans and reports required under the Zoning
Bylaws and Planning Board Zoning Regulations. During the public hearing process, the following
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 7 of 9
materials were submitted to the Board by the Applicant and various municipal departments, and materials
submitted by the public.
Special Permit and Subdivision Plans, titled "35 Hayes Lane (Assessors Map 55 Lot 47A) Definitive
Subdivision Plan Set located in Lexington, MA" prepared by Patriot Engineering, prepared for Peter D.
and Valerie J. Johnson, dated August 15, 2022, revised to October 12, 2022.
a) Sheet 1: titled "Cover Sheet" prepared by Patriot Engineering, prepared for Peter D. and Valerie
J. Johnson, dated August 15, 2022, revised to October 12, 2022
b) Sheet 2: titled "Existing Conditions Plan" prepared by RJ O'Connell &Associates, INC, prepared
for Peter D. and Valerie J. Johnson, dated August 15, 2022
c) Sheet 3: titled "Site Analysis Plan" prepared by Patriot Engineering, prepared for Peter D. and
Valerie J. Johnson, dated August 15, 2022, revised to October 12, 2022
d) Sheet 4: titled "Property Rights Plan" prepared by RJ O'Connell & Associates, INC, prepared for
Peter D. and Valerie J. Johnson, dated August 15, 2022
e) Sheet 5: titled "Site Construction Plan" prepared by Patriot Engineering, prepared for Peter D.
and Valerie J. Johnson, dated August 15, 2022, revised to October 12, 2022
f) Sheet 6: titled "Site Utility Plan" prepared by Patriot Engineering, prepared for Peter D. and
Valerie J. Johnson, dated August 15, 2022, revised to October 12, 2022
g) Sheet 7: titled "Landscape Planting Plan" prepared by J. Thoma Land Design Studios, prepared
for Peter D. and Valerie J. Johnson, dated August 15, 2022, revised to October 12, 2022
h) Sheet 8: titled "Tree Protection & Removal" prepared by J. Thoma Land Design Studios
prepared for Peter D. and Valerie J. Johnson, dated August 15, 2022, revised to October 12,
2022
i) Sheet 9: titled "Details" prepared by Patriot Engineering, prepared for Peter D. and Valerie J.
Johnson, dated August 15, 2022
j) Sheet 10: titled "Details" prepared by Patriot Engineering, prepared for Peter D. and Valerie J.
Johnson, dated August 15, 2022
k) Sheet 11: titled "Details" prepared by Patriot Engineering, prepared for Peter D. and Valerie J.
Johnson, dated August 15, 2022
I) Sheet 12: titled "Details" prepared by Patriot Engineering, prepared for Peter D. and Valerie J.
Johnson, dated August 15, 2022
m) Sheet 13: titled "Details" prepared by Patriot Engineering, prepared for Peter D. and Valerie J.
Johnson, dated August 15, 2022
n) Sheet 14: titled "Details" prepared by Patriot Engineering, prepared for Peter D. and Valerie J.
Johnson, dated August 15, 2022
o) Sheet 15: titled "Proof Plan" prepared by Patriot Engineering, prepared for Peter D. and Valerie
J. Johnson, dated August 15, 2022
Elevations of Proposed Buildings titled "Plan #4217" prepared by HPA Design, Inc. Architects
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane-October 19, 2022
Page 8 of 9
Stormwater Management Plan, titled "Stormwater Analysis & Calculations for 35 Hayes Lane Site
Sensitive Subdivision Lexington, Massachusetts" prepared by Patriot Engineering, prepared for Peter
and Valerie Johnson, dated August 15, 2022.
Application submitted Project Number PLAN-22-13, Form B, waiver request.
Planning Staff memo from Molly Belanger, Planner to Lexington Planning Board, dated September 19,
2022, revised on October 18, 2022.
Road Improvement Plan prepared by Patriot Engineering, dated October 18, 2022, revised October 19,
2022.
Revision summary from Patriot Engineering to Robert Peters, re: Site Sensitive Subdivision Plan
Revision Summary, dated October 16, 2022.
Memorandum from Assistant Fire Chief Tim Flaherty to Planning Board, dated October 3, 2022.
Memo from Molly Belanger to Peter and Valerie Johnson, dated September 29, 2022, project:
unaccepted street determination.
Site Sensitive Development Special Permit Definitive Subdivision
35 Hayes Lane—October 19, 2022
Page 9 of 9
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RECORD VOTE OF THE LEXINGTON SELECT BOARD
JULY 24, 2023
At a duly called public meeting of the Lexington Select Board on July 24, 2023, the Board
voted as follows with respect to those certain parcels of land in Lexington, Middlesex County,
Massachusetts, being shown as "Parcel 1 Area=19,272 +SF (Not a Buildable Lot)" and"Parcel2
Area=22,852+SF (Not a Buildable Lot)" on a plan of land entitled"Subdivision Plan of Land 35
Hayes Lane, Lexington, MA" dated August 15, 2022, prepared by RJ O'Connell & Associates,
Inc., and recorded with the Middlesex South District Registry of Deeds (the "Re�istry") as Plan
867 of 2022 (collectively, the "Pro�ertX"), which is a portion of the prelnises described in that
certain Quitclaim Deed dated September 30, 1989, and recorded with the Registry in Book 20113,
Page 118:
(a) To approve that certain Real Property Donation Agreement by and between Peter D. Johnson
and Valerie J. Johnson and the Town of Lexington, acting by and through its Conservation
Commission, substantially in the form presented to the Board at its July 24, 2023 meeting;
(b) To approve the acceptance of the Property by the Town of Lexington Conservation
Commission; and
(c) To authorize James J. Malloy,the Town Manager of the Town of Lexington,to talce all actions
on behalf of the Town that are reasonably necessary,in the judgment of the Town Manager,to
complete the donation of the Property in accordance with the Real Property Donation
Agreement.
TOWN OF LEXINGTON
SELECT BOARD
Joseph N. Pato, Chair
Suzanne E. Barry, Vice-Chair
Jill L Hai
Douglas M. Lucente
Mark D. Sandeen
{A06566472}
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REAL PROPERTY DONATION AGREEMENT
As of this_day of , 2023 (the "Effective Date"):
1. Parties and Mailin�Addresses:
PETER D. JOHNSON AND VALERIE J. JOHNSON, having an address of 35 Hayes
Lane, Lexington, Middlesex County, Massachusetts 02420 ("DONOR"), agrees to donate
and
The TOWN OF LEXINGTON, a Massachusetts municipal corporation,with a mailing
address of 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts
02420, acting by and through its Conservation Commission("DONEE"), agrees to
accept, upon the terms set forth herein, the following described premises:
2. Description:
Those certain parcels of land in Lexington, Middlesex County, Massachusetts, being
shown as "Parcel 1 Area=19,272 +SF (Not a Buildable Lot)" and"Parcel2
Area=22,852+SF (Not a Buildable Lot)" on a plan of land entitled"Subdivision Plan of
Land 35 Hayes Lane, Lexington, MA" dated August 15, 2022,prepared by RJO'Connell
&Associates, Inc., and recorded with the Middlesex South District Registry of Deeds
(the "Ree�try") as Plan 867 of 2022 (collectively, the "Pro�ert�').
Being a portion of the premises conveyed to Donor by that certain Quitclaiin Deed dated
September 30, 1989, and recorded with the Registry in Book 20113, Page 118.
3. Title Deed:
The Property is to be conveyed by a good and sufficient quitclaim deed running to
DONEE, and said deed shall convey a good and clear record and marketable title thereto,
free from encumbrances, except
(a) Such taxes for the then cunent year as are not due and payable on the date
of the delivery of such deed;
(b) Any liens for municipal betterments assessed after the date of this
Agreement; and
(c) Easements,restrictions and reservations of record, if any, so long as they
do not interfere with the current use of the Property.
4. Consideration and Charitable Contribution:
The parties mutually agree and acicnowledge good and valuable consideration for this
Agreement, including DONOR's agreement to donate the Property and DONEE's
agreement to accept the Property pursuant to the terins hereof.
{A0615092.1; 1
DONOR intends that the conveyance contemplated hereunder will be a charitable
contribution to DONEE. DONEE makes no representation as to the tax consequences of
the transaction contemplated by this Agreement, and DONOR will, at its option, obtain
independent tax counsel related to same.
DONEE agrees that it will not transfer the property sooner than three(3) years from the
date the deed is recorded.
Notwithstanding anything set forth herein to the contrary, DONOR will be solely
responsible for compliance with the gift value substantiation requirements of the Internal
Revenue Code, if applicable to the transaction contemplated by this Agreement.
5. Time for Performance; Delivery of Deed:
Such deed is to be delivered at 10:00 A.M. at the office of the Conservation Commission
located at 1625 Massachusetts Ave, Lexington, MA 02420 on , 2023 (the
"Closin�Date"), unless otherwise agreed upon in writing by the parties. It is agreed that
time is of the essence of this Agreement.
6. Possession and Condition of Property:
Full possession of the Property free of all tenants and occupants and free of any personal
property of DONOR is to be delivered at the time of the delivery of the deed, the
Property to be then in compliance with provisions of any instrument refened to in
Paragraph 3 hereof.
7. Extension to Perfect Title or Make Propertv Conform:
If at the time for performance of this Agreement DONOR shall be unable to give title ar
to make conveyance, ar to deliver possession of the Property, all as herein stipulated, or if
at the time of the delivery of the deed the Property does not conform with the provisions
hereof, as the case may be, (a) DONOR shall use reasonable, good faith efforts to reinove
any defects in title or to deliver possession as provided herein or to make the Property
conform to the provisions hereof, and (b) the date for closing shall be extended for a
period of up to thirty (30) days,provided, however, that such extension period shall be
for as short a period as is required by DONOR to effect such necessary cure to the title or
condition of the Property. Reasonable, good faith efforts shall not require the Donor to
expend more than $500.00, independent of sums paid to satisfy voluntary monetary liens.
8. Failure to Perfect Title or Make The Pro�erty Conform:
If at the expiration of the extended time DONOR shall have failed so to remove any
defects in title, deliver possession, or make the Property conform, as the case may be, all
as herein agreed, then DONEE shall either(1) accept at the closing such title as DONOR
is able to deliver and waiving any unsatisfied condition precedent, in which case the
DONOR shall deliver such title and possession, or(2) decline to proceed to closing. In
the latter event, except as expressly set forth herein, all obligations, liabilities and rights
{A0615092.1; 2
of the parties under this Agreement shall terminate, this Agreement shall be null and void
and without recourse to the Donor and Donee.
9. Acce�tance of Deed:
The acceptance and recording of a deed by DONEE shall be deemed to be the full
performance and discharge of every agreement and obligation herein contained or
expressed, except such as are,by the terms hereof, or by later agreement, to be performed
after or suivive the delivery of said deed.
10. Adjustments:
Taxes, if any, for the then current fiscal year shall be apportioned as of the day of
performance of this Agreement.
11. Adjustment of Un-assessed and Abated Taxes:
If the amount of said taxes is not known at the time of the delivery of the deed, they shall
be apportioned on the basis of the taxes assessed far the preceding fiscal year, with a
reapportionment as soon as the new tax rate and valuation can be ascertained. If the taxes
which are to be apportioned shall thereafter be reduced by abatement, the amount of such
abatement, less the reasonable cost of obtaining the same, shall be apportioned between
the parties,provided that neither party shall be obligated to institute or prosecute
proceedings for an abatement unless herein otherwise agreed.
12. DONEE's or DONOR's Default:
If DONEE shall fail to fulfill DONEE's agreements herein, DONOR may terminate this
Agreement and this shall be DONOR's sole and exclusive remedy at law or in equity for
any breach of this Agreement by DONEE. If DONOR shall fail to fulfill DONOR's
agreements herein, DONEE shall be entitled to pursue all remedies available to it in law
and in equity, including without limitation specific performance.
13. Title:
It is understood and agreed by the parties that the Property shall not be in conformity with
the title provisions of this Agreement unless title to the Property shall be at the time of
closing insurable at normal title insurance premium rates for the benefit of DONEE at
DONEE's expense,by a nationally-recognized title insurance company, upon delivery
from DONOR to DONEE of the deeds contemplated by this Agreement and upon
recordation of such deeds,by an owner's title insurance policy(on the current ALTA
form) insuring fee title in DONEE free from all exceptions other than those exceptions
set forth or allowed by in Paragraph 3 and those printed exceptions to title normally
included in the "jacket" to such form or policy.
14. Form of Deed:
{.�o6�so9z.�; 3
At the time of Closing, DONOR shall deliver a Quitclaim Deed substantially in the form
attached hereto as Exhibit A, with final changes, if any, as mutually agreed upon by the
parties.
15. Notices:
All notices required or permitted to be given hereunder shall be in writing and delivered
by hand or sent by Federal Express or other recognized overnight delivery service or by
facsimile (with proof of transmission):
in case of notice to DONOR, to: Peter Johnson
Valerie Johnson
35 Hayes Lane
Lexington, MA 02420
with copy to: Frederick V. Gilgun, Jr.
Nicholson. Sreter &Gilgun, P.C.
33 Bedford Street, Suite 4
Lexington, MA 02420
Tel: 781-861-9160
in case of notice to DONEE, to: Karen Mullins
Conservation Director
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Tel: 781-698-4501
with a copy to: Stephanie Dubanowitz, Esq.
Anderson & Kreiger LLP
50 Milk Street, 21 st Floor
Boston, MA 02110
Tel: 617-621-6551
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal
Express ar other recognized overnight delivery service providing a receipt or if by
facsimile (with proof of transmission), on the same business day.
16. REBA Standards:
Any matter or practice arising under or relating to this Agreement that is the subject of a
title or practice standard of the Massachusetts Real Estate Bar Association shall be
t,�o6�so9z.�; 4
governed by such standard to the extent applicable, unless specifically provided
otheitivise in this Agreement and so long as not contrary to Massachusetts law and case
law.
17. Under�round Fuel Storage Tanks:
DONOR represents that, to the best of DONOR's actual knowledge and belief but
without having made any investigation as to saine, there are no underground fuel storage
tanks on the Property.
18. Access:
DONEE and its agents shall have the right of access to the Property prior to the time
specified for delivery of DONOR's deed for the purpose of inspecting the condition of
the Property, conducting surveys, setting monuments at boundary lines, and the like. All
such visits shall be made only after reasonable advance notice to the Seller. Such visits
shall be no more than five in number unless otherwise agreed by Seller. The parties
hereby agree that such access shall be at the sole risk of the Buyer. In consideration of
the foregoing, Buyer agrees, to the extent permitted by applicable law, to indemnify,
defend and hold harmless the Seller from any and all costs (including reasonable
attorneys' fees), damages and claims for damage to property or persons caused by Buyer
or Buyer's agent(s) while on the Property or as a result of Buyer or Buyer's agent(s)
being on the Property. This indemnity shall survive the Closing and delivery of the Deed
hereunder, or termination of this Agreement.
19. DONOR's Delivery of Documents:
DONOR shall cooperate with DONEE by executing, acknowledging, swearing to the
truth of the contents and delivering such instruments as may reasonably and customarily
be required by DONEE's title insurance company and/or DONEE's attorney in
conjunction with the closing. Notwithstanding the foregoing the Seller shall not be
required to sign a so-called survey affidavit or any docuinent that makes any
representation as to boundaries, title, encroachments, or compliance with zoning,building
or other laws.
20. Extensions:
By executing this Agreement, DONEE and DONOR hereby grant to their respective
attorneys the actual authority to bind them by facsimile or by scan and email for the
liinited purpose of allowing them to grant extensions hereunder, and DONEE and
DONOR shall be able to rely upon the signatures of said attorneys as binding unless they
have actual knowledge that either party has disclaimed the authority granted herein to
bind them.
21. Suits or Jud Yr.e� ients:
{.�o6�so9z.�; 5
DONOR represents to the best of its actual knowledge and belief that DONOR has no
written notice or actual knowledge of any suits or judgments in relation to the Property,
and DONOR represents that DONOR has no actual knowledge of any pending
bankruptcy, mortgage foreclosure, or other proceeding which might in any material way
impact adversely on DONOR's ability to perform under this Agreement. The provisions
of this paragraph shall survive the delivery of the deed for the Property or the early
termination hereof.
22. Liabilitv of Trustee, Shareholder, Beneficiarv, Etc.:
If the DONOR or DONEE executes this Agreement in a representative or fiduciary
capacity, only the principal or the estate represented shall be bound, and neither the
DONOR or DONEE so executing, nor any officer or Director, shall be personally liable
for any obligation and/or representation made in this Agreement, whether express or
implied, hereunder.
23. Brokers:
DONOR and DONEE each warrant and represent to the other that neither has dealt with
any real estate broker, salesperson, finder, or other person entitled to a commission or fee
in connection with the negotiation or execution of this Agreement or the consummation
of the transaction contemplated hereby. This paragraph shall survive delivery of the deed
for the Property or the early termination hereof.
24. Munici�al Pur�oses:
DONEE is acquiring the Property for conservation purposes.
25. Municipal A�provals and Process:
Notwithstanding anything set forth herein to the contrary, DONEE's obligations
hereunder are expressly subject to and contingent upon DONEE obtaining all municipal
approvals and completing all legally required steps that are required for the acceptance of
the Property.
26. Disclosure of Beneficial Interest Form:
Prior to the Closing Date, DONOR shall provide the disclosure of beneficial interest form
that is attached hereto as Exhibit B, as required under M.G.L. c. 7C section 38. Upon
receipt of the completed form from DONOR, DONEE shall promptly file this form with
the Division of Capital Asset Management of Massachusetts.
27. Assi�nment:
DONOR shall not be entitled to assign any of the rights hereunder, and DONEE shall be
entitled to terminate this Agreement in the event of any such assignment. DONEE shall
{.�o6�so9z.�; 6
not be entitled to assign this Agreement or any of the rights hereunder and any purported
assignment in violation of this provision shall be null and void.
28. Severabilitv:
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in
full force and effect, and in the place of such invalid or unenforceable provision there
shall be substituted a like, but valid and enforceable provision, which comports to the
findings of the aforesaid court and most nearly accomplishes the ariginal intention of the
parties.
29. Construction of A�reement:
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the
parties, is binding upon and inures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors and assigns, and may be cancelled,
modified or amended only by a written instrument executed by both DONOR and
DONEE. The captions and marginal notes are used only as a matter of convenience and
are not to be considered a part of this Agreement or to be used in determining the intent
of the parties to it.
30. Condition of PropertX:
The DONEE is accepting the Property in its "AS IS" as of the date hereof and is not
relying upon any representations from the DONOR, except as specifically set forth in this
Agreement and as limited therein. Seller does not warrant or represent that the Property
comply with current municipal, county, state or federal codes, ordinances, statutes, laws,
regulations, or the like, relating to zoning, building, environmental, health ar fire or any
involving the maintenance, operation or condition of the Property. Buyer has assumed
the responsibility to check with appropriate planning authorities (including,but not
limited to, zoning boards,rent control boards and housing authorities), and holds Seller
harmless as to the suitability of the Property for Buyer's occupancy. Buyer hereby agrees
that Seller shall have no responsibility or liability for complying with any codes,
ordinances, statutes, laws,regulations or the like which relate to lead paint, asbestos,
radon, mold or any requirements that Seller remove any or all of the same. The Seller
has made no statements and no warranties or representations, expressed or implied,
regarding the Property on which the Buyer has relied in connection with the Buyer's
decision to purchase the Property except as set forth herein. Any statements which may
have previously been made by the Seller, including without limitation in any
realtor's/broker's questionnaire or so-called"Seller's Disclosure Statement" or property
listing information, if any, are specifically hereby voided and are superseded by this
Agreement and it is the understanding of the Parties that the entire Agreement of the
Parties with respect to the transaction which is the subject of this Agreement is fully and
completely set forth in this Agreement. Buyer further acknowledges and agrees that this
provision has been specifically negotiated between Seller and Buyer, that Buyer has been
represented by counsel in said negotiation, and that Seller would not enter into this
{A0615092.1; /
Agreement but for the inclusion of this acknowledgement and disclaimer herein. The
Buyer's agreements in this Paragraph shall suivive delivery of the deed.
31. Si n� atures:
For purposes of this Agreement and any extensions or amendments to same, an
electronic, facsimile or scanned and emailed signature by any party shall be legally
binding upon such party.
32. No Recordin��reement. This Agreement may not be assigned or recorded by the
Buyer without the prior written consent of the Seller and any recordation by Buyer
(including a recording of notice hereo� or purported assignment by Buyer in violation of
this paragraph shall be considered a default by Buyer under this Agreement, whereupon
all deposits hereunder shall be paid to the Seller and shall becoine the Seller's property
and this Agreement shall terminate without further recourse to the Parties hereto. This
provision is not in derogation of the Buyer's rights under paragraph four (4) to designate
a nominee to take title.
[The remainder of this page has been intentionally left blank]
{A0615092.1; O
In witness whereof, the parties hereto affix their hands and seals as of the date first set
forth above.
DONOR: DONEE:
TOWN OF LEXINGTON
Peter D. Johnson By its Conseivation Commission
Valerie J. Johnson Philip Hamilton, Chair
Duly authorized
{A0615092.1; 9
Exhibit A
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
S'l"ACE�1I3+G1 VE�C1R REGISTI�Y L1S� ONLY
QUITCLAIM DEED
0
N PETER D. JOHNSON and VALERIE J. JOHNSON, of 35 Hayes Lane, Lexington, MA 02420
� (GRANTOR),
d
�
� For nominal consideration of less than $100.00 paid,
0
�
nn
.� Grants to The TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and
� through its Conservation Commission, with a mailing address of 1625 Massachusetts Avenue,
�; Lexington, MA 02420 (GRANTEE) for conservation purposes,
�
�
'� WITH QUITCLAIM COVENANTS,
�
a�
�
�
� Those certain parcels of land in Lexington, Middlesex County, Massachusetts,being shown as
� "Parcel 1" and "Parcel2" on a plan of land entitled"Subdivision Plan of Land 35 Hayes Lane,
� Lexington, MA" dated August 15, 2022, prepared by RJO'Connell & Associates, Inc., and
� recorded with the Middlesex South District Registry of Deeds (the "Re�i, str�') as Plan 867 of
� 2022.
�.
�
a
� The foregoing is conveyed subject to, and with the benefit of, easements, restrictions and
,� encumbrances of record, if any, in so far as the same may now be in force and applicable.
�
d
�, No Massachusetts excise stamps are affixed hereto as the GRANTEE is a municipality and none
� are required by law.
0
�.
�'" For GRANTOR's title, see that certain Quitclaim Deed dated September 30, 1989, and recorded
with the Registry in Book 20113, Page 118.
[For signatures see next page]
,ao6iso9z.i} 10
WITNESS my hand and seal as of the day of , 2023.
PETER D. JOHNSON
VALERIE J. JOHNSON
COMMONWEALTH OF MASSACHUSETTS
Middlesex County , 2023
Then personally appeared before me, the undersigned notary public, the above-named Peter D.
Johnson, known to me or proved to me through satisfactory evidence of identification, which
was , to be the person whose name is signed on the preceding ar
attached document in my presence and acknowledged to me that he signed it voluntarily for its
stated purpose.
Notary Public:
My commission expues:
COMMONWEALTH OF MASSACHUSETTS
Middlesex County , 2023
Then personally appeared before me, the undersigned notary public, the above-named Valerie J.
Johnson, known to me or proved to me through satisfactory evidence of identification, which
was , to be the person whose name is signed on the preceding or
attached document in my presence and acicnowledged to me that she signed it voluntarily for its
stated purpose.
Notary Public:
My commission expires:
{A0615092.1; 1 1
ACCEPTANCE OF DEED BY TOWN OF LEXINGTON
CONSERVATION COMMISSION
The Town of Lexington, a Massachusetts municipal corporation, acting by and through its
Conservation Commission, hereby accepts this deed from Peter D. Johnson and Valerie J.
Johnson as of this of , 2023; such land is accepted on behalf of and to be placed
in the custody and control of the Conservation Commission under M.G.L. c. 40, Sec. 8C.
TOWN OF LEXINGTON
By its Conservation Commission
James Malloy, Town Manager
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss:
On this _ day of , 2023, before me, the undersigned notary public,
personally appeared Philip Hamilton, Chair of the Conservation Commission, and proved to me
through satisfactory evidence of identification which was
to be the person whose names is signed on the proceeding or attached document, and
acknowledged to me that he signed it voluntarily for its stated purpose as Town Manager and
authorized signatory.
Notary Public
My Commission Expires:
{A0615092.1; 12
Exhibit B
DISCLOSURE STATEMENT FOR
TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY
M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
INSTRUCTION SHEET
NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have
no responsibility for insuring that the Disclosure Statement has been properly completed
as required by law. Acceptance by DCAMM of a Disclosure Statement for filing does not
constitute DCAMM's approval of this Disclosure Statement or the information contained
therein. Please carefully read M.G.L. c. 7C, s. 38 which is reprinted in Section 8 of this
Disclosure Statement.
Section (1): Identify the real property, including its street address, and city or town. If there
is no street address then identify the property in some other manner such as the nearest
cross street and its tax assessors' parcel number.
Section (2): Identify the type of transaction to which this Disclosure Statement pertains --
such as a sale, purchase, lease, etc.
Section (3): Insert the exact legal name of the Public Agency participating in this
Transaction with the Disclosing Party. The Public Agency may be a Department of the
Commonwealth of Massachusetts, or some other public entity. Please do not abbreviate.
Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the
Disclosing Party is an individual, tenants in common, tenants by the entirety, corporation,
general partnership, limited partnership, LLC, or other entity. If the Disclosing Party is the
trustees of a trust then identify the trustees by name, indicate that they are trustees, and
add the name of the trust.
Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of
the blanks. If the Disclosing Party's role in the transaction is not covered by one of the
listed roles then describe the role in words.
Section (6): List the names and addresses of every legal entity and every natural person
that has or will have a direct or indirect beneficial interest in the real property. The only
exceptions are those stated in the first paragraph of the statute that is reprinted in Section
8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city
or town, insert "inhabitants of the (name of public entity)." If the Disclosing Party is a non-
profit with no individual persons having any beneficial interest then indicate the purpose or
type of the non-profit entity. If additional space is needed, please attach a separate sheet
and incorporate it by reference into Section 6.
Section (7): Write "none" in the blank if none of the persons mentioned in Section 6 is
employed by DCAMM. Otherwise list any parties disclosed in Section 6 that are
employees of DCAMM.
{.�o6�so9z.�; 13
Section (8): The individual signing this statement on behalf of the Disclosing Party
acknowledges that he/she has read the included provisions of Chapter 7C, Section 38
(formerly Chapter 7, Section 40J) of the General Laws of Massachusetts.
Section (9): Make sure that this Disclosure Statement is signed by the correct person. If
the Disclosing Party is a corporation, please make sure that this Disclosure Statement is
signed by a duly authorized officer of the corporation as required by the statute reprinted in
Section 8 of this Disclosure Statement.
This completed and signed Disclosure Statement should be mailed or otherwise delivered
to:
Deputy Commissioner for Real Estate
Division of Capital Asset Management and Maintenance
One Ashburton Place, 15t" Floor, Boston, MA 0210
The undersigned party to a real property transaction with a public agency hereby
discloses and certifies, under pains and penalties of perjury, the following
information as required by law:
(1) REAL PROPERTY: Parcels 1 and 2, Hayes Lane, Lexington, MA
(2) TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT: Donation
(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: The Town of Lexington,
acting by and through its Conservation Commission
(4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL�:
Peter D. Johnson and Valerie J. Johnson
(5) ROLE OF DISCLOSING PARTY (Check a�propriate role�:
Lessor/Landlord Lessee/Tenant
X Seller/Grantor Buyer/Grantee
Other(Please
describe):
(6) The names and addresses of all persons and individuals who have or will have a
direct or indirect beneficial interest in the real property excluding o� 1) a
�t�ckhold�r of a c�r or�ti�rr t � �t�ck af whi�h is li�t�d f�r s�l� t� t � �r��r�l
publi� ith t � ��curiti�s and �xcha�g� �o is�iar�, if su�h �t�ckhold�r holds
{.�o6�so9z.�; 14
I�s� tha� t� �r ���t e�f th� �ut�t�� i�g stc��k ��titl� t� ve�t� at t � ���ual
���irrg �f �uch ��r c�r��i�n c�r 2} �n � r��r �f a ti � �h�r� that has �r� int�r��t in
� le�s�hold c��d� iniu eeting �II of th� conditi�n� s �cified i�r a aLa ca 7�,
�a 3 , ar� h�r�by di��l���d �s fall��s (att��h �dditi�r��l �g�s if r�ec���� )a
NAME RESIDENCE
Peter D. Johnson 35 Hayes Lane, Lexington, MA
Valerie J. Johnson 35 Hayes Lane, Lexington, MA
(7) None of the above- named persons is an employee of the Division of Capital Asset
Management and Maintenance or an official elected to public office in the
Commonwealth of Massachusetts, except as listed below (insert "none" if none):
None
(�) Th� i�dividu�l �ig�i�g thi� �t�t� �nt ca� b� �If�f th� �b�v�m�� �d p�rty
��kr�r�wl�d �� th�t h�/sh� h�s r��d t � fc�llc� i�r rr�vi�ic��s c�f Ch� t�r 7C,
S��tion 3� (f�r �rly �ha ter 7, ecti�� 40J} c�f the ���ral L� s �f
����chu��tt�a
o a re� e��t� r�e��or t� s�ll r�al r��e y to �r t� r�nt��perr� �se real
ro�er�y from a p�ablic a �ncy, and�a ���►e al ��exter�sia� of such
� ree er�t, �h�ll b� vali ar�d r��p�y ��t ��rall b� �de t� � � le���r�r
��Il�r�f such r�p� y urrl��� a �tat� ��►t, si rr� 9 u�d�r th� p�nalti�� �f
p�rjury, h�� ��n fil�d by th� l�ss�r, 9��s��➢ s�ller r�� ur� ���rp �n i�
th� ca�� �f� c�r c����i�r� by� uly authariz� � icer th��ec�f i►�i�g �h�
tru� n� �s �r�d� ������ �f�rr �r���r� vvh� h��� �r ill �v� � dir��t�r
indi���t �r��fic�a9 ir�t�r�st i� ��id pt�o � y►nri�h th� �o issi�n�r�f��pit�I
asset �r�a e ��t an aintenar�c�o T e pro�i�i�ns of t �s secti�n �hall
n�t apply t� ar�y�tock�r�lder�f� ��r oratiorr tF�� sto�k of i� is liste fc�r
sale to th� gen��al�ublic ith th� s�curiti�s and exchange �o issi��r, if
su�h stockh�ld�r holc�� l��s th��r te�r per�ent�f the �uts�an�'in str�ck
er�titl� t� v�t� at�he annual ��tir� �f such c�r orati�r�e l� th� case of
a�a agr��r�r��t t� r�r�t pr��� y fro � public � ��cy h�r� th� l��s��'�
ir���r�st i� h�l by th� �r ��riz�t��n af ur�it��n��� �f� l�as�h�ld
cc�rr � i�iu cr��t� ur� ��cha��er cart� h�rrrd��d and eightym�hr�� 9 and
ti �msh�r�� �r� �r�at�d irr �h� 1����h�ld��� � ir�iu u�c��r�h� t�r c�r��
ur�dr� and ei htym�h��� , th� r��i�ic�n� c�f�fri� �e��i�� �h�ll�c�t�� ly
�c� �n � r��r�f� ti �msh��� in the l�a��h�ld c�r�d� i�►iu c� (i)
ac uires th� ti �mshar� orr or a er a bc�rta fide �r s l��rgth tr�r►sfe�of
such ti �mshar� rr�►►a�e after th� re�rtal agre� errt i�h th� public ag��cy is
�x�cute �rrcf (ii) ho hold� I��s th��r thr�� perc�rrt�f the v�t�s er�titlecf t�
vo�e at th� ��u�l ��tin �f�u�h or �niz�tion c�f u�i�� �►erso
i�cl�su�e st�tern�r�t shaN �lsc� b� a � irr riti� , u�tder���►alty r�f
{A0615092.1; 1 S
perjury, duri�r �he ��r �f� r�r�tal�g�e� �nt i� �a�� c�f�r►y�h�rr � �f
ir��er��t i� �uch prop�r��, �s prc�vide f�r�b�v�, wit�►i�t th1 y c�ays �f such
�h�n �,
ny� icial�lect�d tt�public � ice in �h� c� t�� �al�h9 �ar arry � plcay�e
�f th� di�ri�i�rt �f��pit�l a���t �na e ent a�d �i�t�rt�n�� i�cl��fn
b�rt�ficial fnte�est i�r r�al p�� e y u��cra�r� t� this �ect�c�rt9 shall id��tify hi�
o�i�i�rt ��p�rt���h� di��l�sur� �t�t� ��►to The c� i��ic�rr�r�h�ll r��tify
�h� ���t� �thi�� �c� i��i�n �f�c��h �� ��, �n �h�ll �k� �r��i�� �f��y
�n all di�cl�sure state ��t� �����ve av�il�bl� t� the st�te et ics
�� i�si�n �r on re uesta
The �c� issi��r�r�hall k�ep a c� �y af e�c dis�lo�u�� �t�t� �nt
recei��d�►�ail�bl� for public insp�cti�� durin �egc►l��bc�sin�ss h�u�s,
(9) This Disclosure Statement is hereby signed under penalties of perjury.
Peter D. Johnson
PRINT NAME OF DISCLOSING PARTY (from Section 4, above)
Valerie J. Johnson
PRINT NAME OF DISCLOSING PARTY (from Section 4, above)
AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD /YYYY)
PRINT NAME & TITLE of AUTHORIZED SIGNER
t,�o6�so9z.�; 16
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Massachusetts Water Resources Authority (MWRA) Update on Current Project and
Upcoming Construction Contract & Request for Letter of Support Regarding Massachusetts
Bay Transportation Authority (MBTA) License/Easement Application for Installation of
Water Pipeline on Minuteman Bikeway
PRESENTER: ITEM
NUMBER:
Paul Rullo, MWRA; John Livsey,
Town Engineer L 5
SUMMARY:
C ategory: Informing/D ecision-Making
The MWRA is planning to construct a new 24-inch water main in Lexington, portions of which are in Maple
Street, the Minuteman Bikeway, Bow Street and Massachusetts Avenue during the 2024 and 2025 construction
seasons with the final road resurfacing to take place in 2026. All paved surfaces will be restored to existing
conditions with new pavement and line striping and a bicycle/pedestrian detour will be established along
Massachusetts Avenue during the project. The MWRA is seeking a letter of support from the Select Board
(addressed to the property manager for the MBTA). Attached is the original request letter, map of the
proposed project area and draft letter of support.
Additionally, Mr. Rullo, Senior Program Manager for the MWRA will update the Select Board on the current
MWRA project.
SUGGESTED MOTION:
Move to send a letter of support for Contract#7404- Northern Extra High Pipeline Construction Package 2
(CP2): Maple Street/Minute�nan Bikeway Water Main Constructioil.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 7:20pm
ATTACHMENTS:
Description Type
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June 15, 2023
Mr. James Malloy
Town Manager
1625 Massachusetts Avenue
Lexington, MA 02420
RE: Massachusetts Water Resources Authority(MWRA)
Contract No. 7404—Northern Extra High Pipeline
Construction Package 2 (CP2): Maple St./Minuteman Bikeway Water Main Construction
Dear Mr. Malloy,
The Massachusetts Water Resources Authority (MWRA) plans to construct a new 24-inch water
main in the Town of Lexington in order to improve delivery of drinking water to Lexington and
neighboring communities. Portions of the proposed water main route are within Maple Street
(MADOT Route 2A), the Minuteman Bikeway, Bow Street, and Massachusetts Avenue in
Lexington, as highlighted in yellow on the attached project schematic shown in Figure 1. We
request to be added to the agenda for the Select Board meeting of Monday July 24r"to discuss this
pro j ect.
Project Description and Schedule
A new 24-inch ductile iron water main and associated valves will be installed along Maple Street
(MADOT Route 2A), the Minuteman Bikeway, a portion of Bow Street and Massachusetts
Avenue. The Minuteman Bikeway will have to be closed to public use during pipe installation and
will be restored to existing condition with new pavement and line striping. We have worked with
the Town to implement a bicycle/pedestrian detour to Massachusetts Avenue for the time period
that the Bikeway is closed. The project is scheduled to be advertised for construction this fall with
a Construction Notice to Proceed expected in winter 2024. Construction activity in the Town of
Lexington is scheduled for the 2024 and 2025 construction seasons with final road surface
restoration planned for the spring of 2026.
We appreciate your time and loolc forward to working with you on this project. Please contact
MWRA Sr.Program Manager Paul Rullo at 978-335-8279 or at paul.rullo@mwra.com should you
have any questions or concerns regarding this work.
Sincerely,
r l�"'���A4 �A���'M1'� V' k� ."„�a������,,.,,,
3�ohn Colbert, P.E.
MWRA Chief Engineer
Attachments:
Figure 1 —Northern Extra High Pressure Zone Improvements
cc: John Livsey, Lexington Town Engineer
Marissa Liggiero, Lexington Engineering Department
Lisa Hamilton, MWRA
Paul Rullo, MWRA
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Town of Lexington
Town Manager's Office
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
July 25, 2023
Greystone
20 Park Plaza
Suite ll20
Boston, MA 02116
Attn: Liam Breen
RE: MWRA Contract 7725
Dear Mr. Breen,
Please accept this as a letter of support for the above referenced project undertaken by the MWRA.
The Town of Lexington has been worl�ing with the MWRA (Paul Rullo— Sr. Program Manager) and
Black &Veatch, their design consultant, on upcoming Contract 7725 that will install a 24-inch
MWRA water main along the Minuteman Bikeway from Maple Street to Bow Street in the Town of
Lexington. MWRA and Black&Veatch have coordinated with the Town's Conservation Commission
on mitigating construction impacts on the adjacent Arlington Great Meadows. MWRA and Black&
Veatch have also coordinated with the Town's Bike Committee on the project as installation of the
water main will require temporary closure of the Bikeway.
In addition, the MWRA has presented this project to the Select Board. The Town through vote of the
Select Board is in support of the project.
Should you have any questions or need additional information please do not hesitate to contact me.
Sincerely,
James J. Malloy
Town Manager
Cc: Select Board
David Pinsonneault, DPW Director
John Livsey, Town Engineer
1625 MASSACHUSETTS AVENUE•LEXINCTON,MASSACHUSETTS 02420
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Discuss $275,000 State Earmark for Transportation Improvements
PRESENTER: ITEM
Susan Barrett, Transportation Mgr; NUMBER:
John Livsey, Town Engineer; Ross
Morrow,Assistant Town Engineern L6
SUMMARY:
Category:Decision-Making
Attached please fmd a prioritized list of potential uses for the $275,000 eaimark for transportation
improvements. Engineering prioritized their requests. The Transportation Department's requests are for
programs that could ultimately become an ongoing service using one-time funds and therefore the Town
Manager is not recommending these programs. Based upon the proposals and priorities from staff that will be
implementing the projects, the recommendation is to use the funds toward the Pleasant Street/Watertown Street
Safety Improvement Project with the Public Works Department providing the remaining funding for the
project.
The wording in the legislation is, "$275,000 for transportation improvements and updates in the Town of
Lexington".
SUGGESTED MOTION:
Move to approve the use of the $275,000 eannarlc for the Pleasant Street/Watertown Street Safety
Iinprovement Project.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 7:35pm
ATTACHMENTS:
Description Type
❑ �,zMraarl"Vb4rta,r�4u�rlQ�ua�.j�a�^s �'asva,uMl�ure�r
Summary Amount Department Priority
Please Street/Watertown Street
Safety Improvements $ 300,000 Engineering 1
Eldred Street Traffic Calming $ 300,000 Engineering 2
Lowell Street Sidewalk between
Fulton Street and East Street $ 300,000 Engineering 3
Crosby Road Sidewalk between
Mass Ave and the Hasting School
Driveway $ 95,000 Engineering 4
Kendall Road Sidewalk between
Marrett Road and Farmcrest $ 80,000 Engineering 5
Mass Ave Sidewalk at Munroe
Tavern $ 180,000 Engineering 6
Bikeway Counter and Totem $ 50,000 Engineering 7
Hartwell Ave/Wood Street Ped
Improvements $ 45,000 Engineering 8
Worthen Road Separated Bike
Lane Design between Mass Ave
and Waltham Street $ 100,000 Engineering 9
Worthen Road Ped
Improvements between Mass
Ave and Waltham St $ 365,000 Engineering 10
Worthen Road Temporary
Portected Bike Lanes between
Mass Ave and Waltham St $ 60,000 Engineering 11
Wood Street Complete Streets
Preliminary Design $ 100,000 Engineering 12
Cary Hall/TOB Bil<eway ADA
Access Ramp $ 100,000 Engineering 13
Edison Way Bikeway ADA Access
Ramp $ 100,000 Engineering 14
Add Lexpress Service Hours on
Saturdaysforthe nextyear $ 112,320 Transportation X
Lyft Pass Program For
Restaurants and other
businesses when MBTA is not
running(max of$10 per ride and
max of 1,000 rides per year)* $ 10,000 Transportation X
*$10,000 per year for FY24;
FY25;and FY26
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Discuss Hanscom Field Expansion Project
PRESENTER: ITEM
NUMBER:
Jeanne Krieger; Margaret Coppe,
HATS; Doug Lucente, HATS Chair L7
SUMMARY:
Category: Informing
Massport and developers of the North Aufield Development at Hanscom Field are proposing an expansion
including 27 new hangars for private jets. Ms. Krieger and Ms. Coppe will present community concetns about
the proposed expansion.
The Hanscom Area Towns Committee (HATS) has drafted a letter responding to the proposal for
consideration by the constituent community select Boards. Mr. Lucente will present the draft and lead the
Board in a discussion of our support for or concern with the letter.
SUGGESTED MOTION:
To approve and sign the HAT S draft letter on Hasiscom Field expansion.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 8:OSpm
ATTACHMENTS:
Description Type
d p'�1@�hlh^U'Ilif�lf��Il�ud�eu�rra°�U�n���rcr�an lf�psb�ai,d�snb 9f��nb°°��n6°�m��n.Q�a���u a�ssiarn 1Re�.a;IInG�ll�ia�uc,�n�l
THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY
SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS.
The Honorable Governor Maura Healey
OfFice of Constituent Services
Massachusetts State House, 24 Beacon St.
Office of the Governor, Room 280
Boston, MA 02133
MMM DD, 2023
RE: Proposed North Airfield Expansion at Hanscom Airport and Contradiction to Commonwealth's
Climate Goals
Dear Governor Healey,
We,the undersigned Select Boards of Bedford, Concord, Lexington, and Lincoln, extend our appreciation
for the bold and ambitious Climate Goals you have set forth for our Commonwealth. We write to bring
your attention to a pressing environmental concern regarding the proposed North Airfield Expansion at
Hanscom Airport and its potential contradiction to the state's climate objectives.
At the forefront,we must address the critical issue of greenhouse gas emissions.While this expansion
project may be in our backyards,we recognize that carbon emissions impact the atmosphere regardless
of their origin.Therefore, our objective goes beyond stopping the expansion at Hanscom Airport. We
respectfully request your support in opposing any private jet hangar expansion at Hanscom or
elsewhere, emphasizing the urgent need for all sectors, in all locations,to work collaboratively towards
reducing CO2 emissions.
Our towns have been diligently working hand-in-hand with the State government to achieve our
greenhouse gas emission reduction targets by 2030, and we have made significant progress. However,
the proposed North Airfield expansion would undermine these efforts, exacerbating greenhouse gas
emissions and directly contradicting the climate goals pursued by our towns,the Commonwealth, and
the nation. Furthermore,this expansion stands in stark contrast to Massport's own Master Plan of 1978
and the MAPC MetroCommon 2050 plan. It also undermines Massport's commitment to achieving zero
greenhouse gas impacts by 2031, a commitment that even the project proponents acl<nowledge in their
ENF.
Compounding the issue,the development plans include taxiway and runway upgrades to accommodate
category 4 large aircraft.These aircraft have significantly larger carbon footprints and are incompatible
with the type of aircraft Hanscom typically serves.This raises concerns about environmental justice, as
the project would support intensive fossil fuel usage for the benefit of a few afFluent individuals while
adversely affecting several schools and 30 census tracts identified as environmental justice
neighborhoods.
Hanscom Airport, located in Bedford, Concord, Lexington, and Lincoln, already holds the distinction of
being the busiest General Aviation airport in the Commonwealth. Over the years,the incremental
growth and expansion of the airport have resulted in increased vehicular and aircraft trafFic, noise
pollution, air pollution, and other negative impacts that have eroded the quality of life for residents,
THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY
SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS.
wildlife, and visitors.The cumulative effect of these incremental increases has taken a toll on the natural,
cultural, and historical resources that define our communities. Moreover,the proposed private jet
hangar expansion would be the largest in Hanscom's history, potentially tripling the private luxury jet
hangar capacity and enabling thousands of additional flights per day.
While the premise of the expansion project suggests a net benefit to the environment by reducing ferry
flights due to limited space at Hanscom Field,the proponents have failed to provide substantial evidence
or data to support this claim. Many individuals and organizations believe that additional hangars will
instead encourage more operators to base their operations at Hanscom. It is imperative that the
proponent be held accountable for substantiating any promised reduction in ferry flights with accurate
figures and supporting documentation. Similarly, any other public benefits associated with the project
should be thoroughly documented and justified.
In light of the above, we humbly appeal to your leadership and authority to denounce the expansion of
private jet capacity at Hanscom Airport or any other airport in the state.Taking such a stand would send
a resolute message to Massport and other airport owners that these expansions are incongruent with
the drastic and unprecedented steps we must take to reduce CO2 emissions.
To address this matter effectively, we respectFully request your attention to the following actions over
the coming months:
• Ensure a comprehensive and accurate Environmental Impact Review(EIR)takes place,with
specific focus on climate change and the carbon footprint.The EIR should incorporate a
comprehensive public cost/benefit analysis, addressing noise levels, air quality,vehicle trafFic,
impacts on rare species, and effects on the local economy.
• Give serious consideration to the environmental justice implications of this project and, based on
such considerations, exercise the full extent of your powers to halt Massport's expansion plans
for private jet capacity at Hanscom Field.
• If additional hangars must be built, demand that the proponent guarantees the promised
reduction in ferry flights, supported by specific and accurate data. Strict regulations must be in
place to ensure that neither the number of flights, nor the size of the jets, nor the cumulative
carbon footprint increases.
In the long term, we urge you to collaborate with Federal and State governments to undertake the
following measures to minimize the project's climate impact:
• Realign incentives by revising tax laws for private jets,such as raising the excise tax forjet fuel
and providing incentives for alternative fuel sources. Notably, Massachusetts already has at least
one airline utilizing all-electric planes.
• Revise the mission of Massport to better reflect the needs of the public in 2023 and beyond. In
addition to the historical goals of expanding jet travel and maximizing profits, it is crucial to
incorporate the goal of reducing greenhouse gas emissions.
• Implement strict controls on the number of flights per day, enforced rigorously with substantial
penalties for violations. If the project's proponents claim a decrease in ferry flights, this should
not pose a challenge.
• Impose stringent controls on the size of jets, setting maximum allowable CO2 emission
thresholds.
THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY
SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS.
• Enact increased fees for flights between 11 PM and 7 AM, strictly enforcing the regulations and
imposing significant fines for non-compliance.
We,the undersigned Select Boards, stand ready to join forces with you in this crucial endeavor to
combat climate change. Please inform us of specific actions we can collectively undertake to support this
cause.
Sincerely yours,
eedford Select eoard
BOPHA MALONE,CHAIR SHAWN HANEGAN MARGOT FLEISCHMAN
EMILY MITCHELL PAUL MORTENSON
Concord Select eoard
HENRY DANE,CHAIR MARY HARTMAN TERRI ACKERMAN
LINDA ESCOBEDO MARI(HOWELL
Lexington Select eoard
JOSEPH N.PATO,CHAIR SUZANNE E.BARRY DOUGLAS M.LUCENTE
JILL I.HAI MARK D.SANDEEN
Lincoln Select Board
JAMES HUTCHINSON,CHAIR JENNIFER GLASS KIMBERLY BODNAR
CC:
Ms. Gina Fiandaca, Secretary Rebecca Tepper
Secretary and CEO of MassDOT Executive Office of Energy and Environmental
MassDOT Board of Directors Affairs
10 Park Plaza 100 Cambridge St., 9th Floor
Boston, MA 02116 Boston, MA 02114
Climate Chief Melissa Hoffer
OfFice of Climate Innovation and Resilience (within Governor's OfFice)
Same address as the Governor's Office
THIS IS A DRAFT VERSION OF A PROPOSED LETTER—THIS HAS NOT BEEN REVIEWED BY ANY
SELECT BOARDS OF ANY OF THE 4 HANSCOM AREA TOWNS.
Senator Elizabeth Warren
Senator Ed Markey
Congresswoman I<atherine M. Clark
Congresswoman Lori Trahan
Congressman Seth Moulton
Sen. Cindy F. Friedman
Sen. Michael J. Barrett
Rep. Michelle L. Ciccolo
Rep. Kenneth I. Gordon
Rep. Simon Cataldo
Rep. Carmine Gentile
Rep.Tom Stanley
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Discuss Process for the Minuteman School Committee Le�ngton Representative
Appointment
ITEM
PRESENTER: NUMBER:
Board Discussion
I.8
SUMMARY:
Category: Brainstorming
Review the process for appointing a Minuteman Regional Vocational Technical School District School
Committee member. At the Board's June 21, 2023 meeting, the Board chose to defer action on appointing a
new representative to the school committee until all members were present for dehberations.
As per the school disti-ict policy manual(https://�vw�v.minuteman.org/school-committee/district-policy-manual),
school committee members are appointed by a community's select board (unless otherwise specified in
community bylaws) and all members will serve until their respective successors are appointed and qualified.
The Board received 6 applications for the position by the June 14 deadline. Following our standard procedure,
each member reviewed the applications and submitted a rank-ordered preference list to staff. Staff collated the
results and determined that one individual was the clear preference of the Board and submitted that name as the
candidate for appointment on the June 20 consent agenda. That individual received the highest total preference
score which we use for determining appointments. They also received fust choice selections fiom a majority of
the Board.
At the July 18 meeting of the Minuteman School Committee, Lexington's incumbent representative was elected
school committee secretary— even though it was noted that an appointment for Lexington's seat was on hold.
This appropriately follows the Minuteman School Committee policy:
"(F) Organization
At the first meeting of the Regional School Corrunittee held after July 1, the Committee shall organize and
choose a Chairman and a Vice-Chairman from among its meinbership and will choose a Secretary, who may
or may not be from among its membership." (emphasis added)
SUGGESTED MOTION:
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 8:35pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Discuss Revisions to the Noise Bylaw
ITEM
PRESENTER: NUMBER:
Jim Malloy, Town Manager
I.9
SUMMARY:
Category: Brainstorming
Attached please fmd a redline and clean version of the Noise Bylaw proposed changes from the Worlcing
Group seeking to provide a clearer bylaw that would provide better enforcement, address the concerns we
ha�e heard from residents related to the Pleasant Street project and limit any additional proposed changes to
the landscaping noise sections. The Working Group consisted of Select Board member Joe Pato, Jim Kelly,
Building Cointnissioner, Joanne Belanger, Director of Public Health, Alicia McCartin,Assistant Director of
Public Health, Abby McCabe, Planning Director, Julie Krakauer, Zoning Administ�ator, Tim Flaherty,
Assistant Fire Chief, Mike McLean, Police Chief, Chris Barry, Police Captain and John Mazerall, Police
Captain who attended weekly Working Group meetings and provided the input on the proposed changes in the
attached draft.
The mtent at this point is to receive input from the Select Board and incorporate any additional
changes/modifications and then initiate a community engagement process.
Some comments that have been received to date spec�c to the 85 dba limit, which is based on standards from
the Federal Government.
National Institute of Health
OSHANoise Standard
CDC/NIOSH
SUGGESTED MOTION:
No vote requ�red.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 8:SSpm
ATTACHMENTS:
Description Type
❑ V�u4rpr�r�,wa�<�u;Gng;c�s�u,T�la�uta� Q�ylauw �tv�tdiuua� �'a,r�ta�u 1VQ�,�r�,r
L� llTu�ar�a,��a�C..'I�t�i�„�,�s k�IVavu�,a�➢3yruae�� �°1e�tt� �.a,�c,u�CVll�una�
d llC�tr�dullr�bg;N�uaa;U�y�Y��✓daatt�n�bas��a;lecr�ll�cs�d�ll Q.:�,va°u�Mf�;a�ci�r
L� WiVw����r�aai,a�, Irryl;nvvlla°ita�p'basEsa�la^��a�T�au�. �"z,v�^u�l�ti�nna�
Chapter 80
NOISE CONTROL
[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33.
Amendments noted where applicable.]
GENERAL REFERENCES
Alarms—See Ch.5. Animals—See Ch.9.
§ 80-1. Findings.
The Town of Lexington finds that excessive or unwananted noise jeopardizes the health, safety, and welfare and
degrades the quality of life of its citizens.
§ 80-2. Purpose and applicability.
A. The purpose of this by-law is to protect the citizens of Lexington from excessive or unwarranted noise. No
person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to
provide necessary equipment, service, or maintenance or to talce necessary precautions cause, suffer, allow,
or permit excessive or unwarranted noise.
B. This by-law shall apply to the control of a.11 sound originating within the limits of the Town of Lexington and
shall be consistent in scope and application with the relevant state and federal statutes and regulations,,
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C. Noise-related provisions of Chapter 9,Animals,may be enforced under this by-law.
D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws and
regulations, cany out their programs in such a manner as to comply with this by-law.
E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been preempted
by state or federal law.
§ 80-3.I�el�t%�.F�ii��� oth�t�lavvsa
��tlzin r_in_thi�_b__-1aw-_�;hall_l��_�c�nst�°u�d_tc�_p e�tri.ct__�rn�nd_re_e�i__�r_�th�r�i_�e_Iimit_the-a---lic�tic�n_�sr
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e_nforc�m�nt__�f�_�a�i�tin y_T'c�wn__of�_I.,�xii1_tc�r�__b_=;-1�w�__c�r__��mmc�nw�alth__��=_Ma4�achu.sett5__la�s=,=
- �- - - - � �' - - - - -
��� Definitions.
When used in this by-law,the following definitions shall apply:
l�����.��.JI��D�III III'; l�li� ,
�' " " �� � :���' � ,.:; � .� ����� ' .. � �n�"r���,�, d�l( d��� u°�„vo� Ilc� Ifua��;�,��� �� ��,�ud�,n:
'����� �w �.u ��kv � Il,�d 'V p u�0 0.d� h, V u V�^ '9�' i� u"h d',, �tim u U U �d' �I�u�u'„li � u° �U����
da��°�uu�ua;� � �����,q;������ �uu d�u��� ��u�n�°u°.���� u��u�������'� ti�l�dlhn��:"
�,,��If���w�u�r� ��u,�il�uu��� ����u�� �q��dduu�,��,���u �'���� a��uu��ufl��lln�^,. �:a��u� ���u u�ua�ii��
� � '.° �.a,��
au ^
�,U�;Vq�"YhOD�PV�:.�qp qd'1i6���,ru, V�� P�,,;1fY.�;P �t."....:P��,PVIII.� d,. �Y�nd.,�� ��.PV�, �."�.�����.���..,.
COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape
maintenance equipment on another's property�„ III Added 11-8-2021 STM by Art. 10]
CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair, alteration,
destruction or similar action for public or private rights-of-way, structures,utilities, or similar property.
EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or
property damage.
EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical trauma or
property damage threatened or caused by an emergency.
III .. �' "�V ,V ,I�a��� �il"U�I';� II�^�q I�' � � �,�� �� � V V .,.�.����° V ,��,��� V , ��,��.�� u. u.Vu�.°�;;d.uuu ��uu;� uu�uuu,a ���,v�,V tl�,���d ���rdda������
�;�, � I� ,"�� ,,�il ,I�� N�`u�,�,.�I �I a V� II''.V III �.�,q,I II V; III JI
I ' � '� � "
u��;°��iuq� uu�� uqu� �����u�u� ��r�tl�q ����wpum�o;� � �u�������, �u��uu�� �uird.�����,u�,��U �.�������,¢ � ��ii�� u�u II���;°.u�°uo.oqN. q F�� ��� u�,� .� V"uou�u���Hu�ud�uu���;-�q ����a��r�u����,uuu��;u�u�;'
���i"�V°�V�"���II�II Y�� .lVl��4�"P� ��� V� �"oV"f",�ro��,",Vpll ""d '�'���II '/�VV�� "ti�n�VVnY� '�d�&IIOV"� f", qq�"I�„"I� N ��m�� �ll ����P�� r��i uU `,VV����" VVQ�q1Yll�"���I"r
EXCESSIVE OR UNWARRANTED NOISE Any noise that � -results in noise
pollution or noise injury.
LANDSCAPE MAINTENANCE EQUIPMENT Gas- or electric-powered lawn mowers, hedge trimmers, weed
�-��
� whackers,leaf blowers, and other equipment used in landscaping or lawn care-Emmll[Added 11-8-2021 STM by Art.
10]
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(""r '�i � ' � ,"J�IIq,'�V!��u.;�l� �:lil"II�tl;�tl,� �'�� II�'lfnlld�,. �uwY;tiB�V�VI,� � v VVViI"�-u
� ��V I.1�m�Y�,PV YV�" �,�1 �"���liIIn�V)fVQ�lu�IlU� kju�r' tld,h��BU„"n.', Iltl,'u �uNRfl.O�� �:i���tlV�.�� I." ��0 � ,VtlV d,�� `� � i�qk�".d� �tl��
� � � d � �� �
, `o i �6 �Q➢�dl �V�.'7�vV"��'V1P ���,u n`�eu.
� � .� � �"u ��od.��; ��
f��;4.,�.��, A,UqpVll � ,� �dJ��u�� tl,,P u"'�'�:I��°�II���. dlD�,�V�.'u^mB.�V�� II.dJ� �u'r0.➢,;Up�. : rV� .�,. u,"' r,"v� �"����.�,��"V �" �,. �w Gtlu i�"+�. � ���.
NOISE LEVEL Measured property of sound,which for the purpose of this by-law,will be expressed in A-weighted
decibels (dBA), obtained with a Type I or II sound level meter as specified under American National Standards
Institute(ANS� standards.
NOISE POLLUTION The condition resulting when: a��a�sound source r���ra� *'�������a ra.,ai �,., ,n� ����U�,���,,
,�:`� or more dBA„�,«.,��ka n,,,�„�„�,,,.;��.
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.. � . �' " A III�'I �� rt� � �.➢. u, �� ����n�lcin�o:� ���� u�u����'�^� ro�� �°�����m�A°��.or„4,.�,,, �.�„r� �,,,,,,-ro,.,,9ror .�r ,.,.4„�,0
]�II����Iull��"�II '��rq �qPoll�� "�.��`�, �. ...���Il��u�n�����uuu� JI u n� I����� �� , ��u..
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� � ���. wro �.���� ,� � .. :�;r' �w��u�u���uu�.�������
��,�,dw���., ���„����u�.�� ��, ��atl ���, �u�q�u.Y,�.� uuu�,u��.�� ��uu� �'����.�� u������u���.����.^�� Il;.��,, �u�.,�a r��� ...
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� 'V� Ih,�V � ��II�`;���^� � �;, u.Vu�° u',��� � � db�" q.u�u������.N���, q;.n� �.���r���:���,��� �rr°�,,��u�u ���u�u��;;� V.�, �.8u;���u�� . ..q�����uu����'�� q.��wu°��°q,;o,� �u���� Il.�u� ,��������,�.
Um,,,.��� � �. �°��n�w�� �r �� �
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� �„�,II!'�„�,,, Prohibition of excessive or unwarranted noise.
Generation of excessive or unwarranted noise is prohibited, except as provided by §§ 80-5 and 80-8 of this by-law.
In addition,the following restrictions shall apply:
A. Construction/private service/maintenance power equipment. �Amended 6-1-2020 ATM by Art. 27�
(i) Contractors are pennitted to operate tools or equipment used in construction, �r�e�tt��� ,����u�r,�uuu��, �~��°���;i�
� c�i�lling. u°����.������ �mu�.°����„�rru�„„�, or � � ��V�ii;�i�u�u�, in a manner such that this operation cieates
�u�.���a..
p p rh' Y � .��, "���,.^,:���
noise across a rea ro e oun ar t at �M�°�w�
on weelcdays between the hours of 7:00 a.m. and 5:00 p.m. and on Saturdays between the hours of 9:00
a.m. and 5:00 p.m. Such operation is not permitted on Sundays and legal holidays u��°��;;�����mu��°��,;�� �.w; ��u�;;°
�_'�.tiu�n��uu�.,��u��ti�a��°�����u �.�:I( �w�� ��m_��,�� quiiu���w���:��:.���.
(ii) Residentsarepermittedtooperatetoolsorequipmentusedinconstruction,���°rw�°�,u���u�u��,I��V����� qu�,wV��
� � � � ti ��;, in a manner such that this
drilling u��a,u,q� Il�du���,�V<uu��; or h,dq��.��uu�,,!
operation creates noise across a real property boundary that
e� ,,��;,� d„'�,1����on weekdays between the hours of 7:00 a.m. and 9:00 p.m.and on Saturdays, Sundays
� ���� u,���
� „u� I��iu��, �a°�n��_�:;pp�„ betweenthehoursof9:00
� ���I'� �, � �
an ega ol ays Nd;�,,r4,n�u�'Vu�*i�',� b� � u!(, ��,d.0��uuuuud@u'uNv�'�r^u `^!., �..
a.m. and 5:00 p.m.
. � to r�,v �,�,n.,a ..nr+.-;,.r;,.�,r
°° r asting an t e
ni � �i d�nuV.m��,�.,��.n�°�, s�,�,u� u� ti,u���;��,u�u�� ,-a'���., ����u��:uudd���r.;� ,���u�..�� ��� u�,�,
use of powered equipment used in�e�������°���breaking , including but not limited to
hydraulic or pneumatic hammers, on weelcdays only between
the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays, Sundays, and legal holidays
��,il'7�:n�°V'VVe''��...:.. �',l II pV��'....���h�nlllfll'll��tltlp9"�rn"�II,.:.� � I.�� I�r� V, V���,�Q➢,d.,���w.��.. ��
r� , ��.'Y�VPV� ��Y��rt�w¢""� ,1PVu. �a��!%u�d.f.PV�,��.���a., ��"I.,�A��V"�^f,U ���Vu�"u�"�Vn���. ;`''�
.. �O.nVp �w��..�n�
n;, ;�dtlP� PVlld����� � � � � u �u�.
��/V���, qVUJIlO�ro!�",'11pIIIlu,V�w.V�.. �'�.�O��w`��. (Y W�I�V"(";�nn!�"Vp�', ��V �i�"�'�"�... ������
�,Il�w. V .��.1��,��q V���,uVua��hi, ��r�����icpu,��^�� ������r ��nu° aw.du�����„ �"; ��u���q �ud�Vu��.����� u�°�°�`�.9���"° �,' �' �,
� ���nu'�`:�r�wv�„d u 'll,: n6, �uV.. i�V�6 uPu",��� ., P���"u u;r " ���p�::'�
��°��u����u�uu�����r� dx�d�u.�n� 1�E����'����a� ��nn���tlu�� ��V�u�,�� If��� u�lC�q��u�°u�ll���. V��u dl[��� Il�u������n��,; �s��'��uu� �����r�����w�;'��.
����,u��= u'G�„���'ti, V�r�^��
�wiV����`uuua�u�u��� II ��''�,r.
lu���� �ro� u���N������� �° III°���`°,r
� �i q�u��u III u� a;':,'�'
�;r�Vu�uu�lfoii�uti� �����r �������if�,� �'�.���� I�wl"w'� �����n�?�,r�r.d,ll�
" : . ` �� u^�r ut�� u � �a��iu�r�a,;;�.',V
'����.°,�u� u �pp `�. �.V��wu° �:�p4� II I��� ."��
Ill�q���nu��u����u�aauM� �����.��,r
"� � II"�,��,;T
��, u,uu ���u���. ..
�;`. Commercial trash collection. The operation of commercial trash compactors or collection of trash, rubbish,
refuse or debris, which generates excessive or unwarranted noise at any point of public or common pass-by
between the hours of 11:00 p.m. and 6:00 a.m. is prohibited.
�
��„�. Commercial deliveries or pickups. Deliveries or pickups for commercial or business purposes between 11:00
p.m. and 6:00 a.m.are prohibited unless the noise level of such deliveries or pickups in nearby residential areas
does not cause excessive or unwarranted noise.
�
III . Electronic devices and musical instruments. No person owning, leasing or controlling the operation of any
electronic device or musical instrument shall willfully or negligently cause or permit excessive or unwarranted
noise.
II�. Fixed plant equipment. Excessive or unwananted noise caused by fixed plant equipment such as, but not
limited to, air conditioners, pumps, fans, furnaces, compressors, engines, ventilation equipment and similar
fixed plant equipment is prohibited.
�,�. Motor vehicle alarms.No person owning,leasing,renting or otherwise in control of a motor vehicle will permit
the sounding of any horn, alarm or other signaling device for any period of time exceedinb 10 minutes.
Automatic alarm systems must be programmed to reset within 10 minutes and may not activate again within
the next 60 minutes. A police officer observing any horn, alarm or other sib aling device that fails to comply
with this section will direct an owner, operator, renter or person in control of the vehicle to silence the motor
vehicle alarm. 1f, after making a reasonable attempt to contact the vehicle owner, operator,renter or person in
control of the vehicle (or if that person refuses to comply), the officer may enter the vehicle to shut off or
otherwise disconnect the power source. If unsuccessful, an authorized towing agency may be used to remove
the motor vehicle to an approved storage area. The registered owner of the motor vehicle will be responsible
for all reasonable costs,charges and expenses incurred for the silencing of the alarm,removal and/or storage of
the motor vehicle.
II� Stationary engine run-up.Permitting, allowing or causing generation of excessive or unwarranted noise at any
point of public or common pass-by through the unnecessary operation of the engine of a motar vehicle while
said vehicle is stopped for a foreseeable period of time in excess of five minutes is prohibited.
����1 �.���.i��. ��u�u^,�., [Amended 11-8-2021 STM by Art. 10]
���:.. �,�u..�
(1) The outdoor use of landscape maintenance equipment by coinmercial landscapers shall be limited to the
following days and hours:
(a) Monday—Friday: 7:00 a.m. to 6:00 p.m.
(b) Saturdays: 9:00 a.m. to 5:00 p.m.
(2) The outdoor use of landscape maintenance equipment by persons other than commercial landscapers shall
be limited to the following days and hours:
(a) Monday—Friday: 7:00 a.m.to 8:00 p.m.
(b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m.
(3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town property
shall be limited to the following hours:
(a) Monday—Friday: 7:00 a.m.to 8:00 p.m.
(b) Saturdays: 9:00 a.m. to 5:00 p.m.
(4) Landscape construction work shall be governed by § 80-4�4���,,rather than this § 80-4����.
(5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and September
15 to December 30.
(6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in the Town
of Lexington shall be prohibited.
(7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own property in
the Town of Lexington shall be prohibited.
�-8=�-
i
(8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one acre is
not subj ect to the prohibitions in Subsection�,�(6) and(7).
�"�.�" ��u��q�, �� �.n�.uu���, �;�u,d�� q.���. �w°���w;;�n�q.�� u�uu,q.0 ��amdu"���,�u II q.�,�� ��uud.��ii��,�u �.�,�p;�.
§ 80-���• Exemptions.
A. The provisions of this by-law shall not apply to sounds einitted during or associated with:
(1) Police, fire, and civil and national defense activities, or in training exercises related to emergency
activities;
(2) Parades, public gatherings, or sporting events, for which pertnits have been issued or which are
supervised by the School Department or the Parks and Recreation Department;
(3) Noncommercial public speaking and public assembly activities as guaranteed by state and federal
constitutions;
(4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farining;
(5) Emergency work including, but not limited to, the operation of any mechanical device, apparatus,
vehicle, or equipment used in connection with an emergency;
(6) Snow removal activity; and
(7) Any activity to the extent the regulation thereof has been preempted by state or federal laws or
regulations.
B. These exemptions shall not apply if the noise is determined to exist as the result of negligent conduct or actions
inconsistent with generally accepted practices.
§ 80-��;Measurement of excessive or unwarranted noise.
A. A determination that excessive or unwarranted noise is�a�E4-��u V atl r�,a� u.r� a given noise source will be made
in accordance with the definition of"noise level" in § 80��.
B. To determine if there is a noise violation on private property, the noise measurements shall be made at the
� boundary of the���I��ii u il d u u�N;property��"u����u��,which the offending sound source is located. To determine if there
is a noise violation in public s aces t
p , he noise measurements shall be made at any location a passerby might
lawfully occupy.
. . � y . .. . . . .. . . . . ... .. y . .. . y .. .. .. . ,
. . . � . .� . y .. .� . . .. . . . ..
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§ 80-8. Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.�} ;�„�„�
�r�
A noise mitigation plan�eu�.°��,-b,u���.�qn�,r � uud.nuti,�� u�uutlu����,dud.wuu ����;�n,�� ��V����u��,shall be requiredpriar to the issuance of a
building permit for construction projects
(i) in or adjacent to residentially zoned areas where:
(a) The project entails rock removal with heavy machinery, including ledge removal, rock pounding, rock
crushing,�eel��t���-or rocic cutting(collectively defined as "ledge work"); and
(b) Ledge wark activities are anticipated to take place on more than seven days over the course of the
project.-, ��uu,��
' °�� puuu�ll�?.a�,°u„ qaud���,��� �nuu u6�u� �p.��°u.�tl�un � r�u.�u��u�u���u�,�� r�V ��n�;�° q�u�up .��,�°�. �u�na�� pu��a��u� �� �;���°��°u�unnU�u���u�nuu ��nil dVu�� ��u��V���u;u'�,��,
���",� �u u:
� ry �
�w;���uu�u��uu�, ur,,�u��,� �, u�VV u�����u�,��a° ��i uu��u du° urr���ug_u�du��u� �dV�uu,
(ii) A noise mitigation plan required under this � 80-8 shall, at a minimum, require portable sound barriers,
designed to reduce sound levels outside the bamers by at least 10 dB(A), surrounding and installed as close
P ` , �- � " � � ,,,
as ractica etot esourceo t enoise. III u�.�u;u�.eu �.�.�un,�du���u�u�,��u�u � ,�imu�uu �_iu��.°��:�Au�d; ��;� tl u�,� u�a�°�����u����u +�Vd u�.; lll���uu� � u�u�
� � � �u���u�u��: �. +���uuu�������u�.��u��u� These barriers must
�°,�.n���n�nuum^,�ri,���uu�u�.� �,°,�.��!u���am� uud.uu�,��° ��:uur�uuu��.n�,uuu�, ,-au��.➢ �d�����.w�,;°����+� �+.�. ��ua., III�A���
reduce construction noise to prevent noise injury to Town residents. The objective of this bylaw is to keep
maximum noise levels under 85 dB(A) at the property line. III�Vua���.m i����«��� tld.� u���w.,:�uu uV��w° III;� "�ti.�g �u,,,w�� u�o�����u,un�w+� ��� "�,
�� � ,, , � � � �, '�,.
i N.�p mV""VVuw"d.�, ��i.uV�Vp�., i°�liw �,�pVaw,��wq h�vqqlli,�w�9°i1iVV��!�U,A,u"��t.nV� q,, "h�`d IIII�,� " VV��I��p� �:�i.rV,� � 'v�w�.
��,�."VV,��" ��a V�.� ��'`'k�f � �qV��u��, � V�w , nfw,�nu��lV�',
�iw,md � ' �
°` �"" " f � ' w, A �
.
V N3µ.:dw,qV �9iN�uWll � q�,�tl�„u° u VVV,�V„�ti��, fl��qndw, �ub"q"q�:�n.0 „ �,u.V u"�p��U�u"i" ���V�9 �.lillpd�;.d ,�.�"Ill'"���f,9 �q� �,�VP�f�;� ➢V�.liq`���. m p� " :� ��VV P�nA���������
..�' rn � � i � � ��i,�"��u V�"q41Lun�J-��„ qq. � �"m � �`q�� quVd Iifd� � V`q���pi ��n � �, �
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(iii) In the event that a building permit is issued under the assumption that none of the � 80-8 provisions apply,and
it is discovered that such provisions do apply after the project begins, then no ledge worlc shall begin or
continue until a noise mitigation plan is submitted and accepted in accordance with § 80-8(ii).
(iv) in the event that the builder does not submit or follow a specified noise ��n��u�r�uu�.�u�u plan, whether by using
inadequate barriers, poor barrier installation,poor maintenance, failure to move them to a new work area on
site, or any other problem,then worlc must cease until the issue is corrected��� ^����'4�,^���n��r�'���m^�,
��7-,���in accordance with provisions of§ 80 � �r� ��'���c *"ry*'��'���T,^r'�*^^r,ri�,.a..,;*�,,,,,+.,�rn,.,
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9
§ SO-9. Special permits. [Amended 3-31-2004 ATM by Art.39]
A. The Select Board, or its designees, may issue a special permit for any activity otherwise forbidden by the
provisions of this by-law.A person seeking such a permit shall malce a written application to the Select Board,
or designee, on the appropriate form,which shall be available at the office of the Select Board or its designee.
The following criteria shall be considered when deciding whether to issue a special permit: [Amended 3-27-
2019 ATM by Art.34]
(1) Whether the cost of compliance will cause an applicant excessive financial hardship; and
(2) Whether the proposed additional noise will have an excessive impact on neighboring citizens.
B. The Select Board, or its designees, may issue additional guidelines defining the criteria to be considered and
the procedures to be followed in applying for a special permit. [Amended 3-27-2019 ATM by Art. 34]
C. An initial special permit shall remain valid for up to one year from the date it was issued. Renewal of a special
permit shall require:
(1) A public hearing far review of whether the cost of compliance will cause an applicant excessive financial
hardship; and
(2) Evaluation of noise data at the boundary of the property in which the offending sound source is located.
Renewal of a special permit shall be up to three years. Any special permit issued to the applicant shall
contain all necessary conditions to ensure minimum disturbance to the adjoining residences.
D. Legal notice of the time and place of said hearing shall be given by the Select Board,at the expense of the applicant,
by publication in a newspaper of general circulation in Lexington once in each of two successive weeks,the first
publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous
place in the Lexington Town Hall for a period of not less than 14 days before the day of such
�€��:�-
hearing, and by delivering or mailing a notice thereof to the applicant, the Board of Health, the Police, Fire and
inspectional Services Departments and the abutters within 300 feet of the lot line. [Amended 3-27-2019 ATM
by Art.34�
§ 80-10. c',.�...�,.am.aomae.
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.Rules and regulations. [Amended 3-27-2019 ATM by Art.34]
The Select Board, or its designees,may promulgate, after public notice and hearing,rules and regulations to
effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate such rules
and regulations shall not act to suspend or invalidate the effect of this by-law.
.�....��.��'..�.:�:..�,.m �nf`ar°cerr��nt �nd ��nalti�sa
�, : 'lll qu��� ����Vu� �,.g f-i�altl� c�r I11s��ctic}r�a1 S�rvi_c�s L3e�artrryentsg ar_�rry ci�sr�rie�thereof; s�aall_hav�
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II� Any,��;rsc�n�nc��vic�latc;s an��7r�vrsrc�n caf this b�la�g c�r�hc� is th�;�wn�;r c�f pres��;rty�n�r17�c,h s�ach
vrc�i�tr�r� c�c_curs, shali b�; �nc,ci an a_ caunt nc�t tc� �;x��c;d �S()__�€,r �rst vic�latr�r�, $100 fcri thc, s�cc�nc�
vrc�l�tr�ri�and�2()(}f�r thc,thrrd and�a�,h subs�;t�uc,nt vi�latr�n h lrsc s_issu�;ci_hc,r€,undc,r sha11 bc,rssu�,d
rn �s;c,c�rdan_cc, wlth C,ha�at�r 1 =� 1-6 �f th€, Ci�,ncral_f3ylciws [h€,_r �Sc��itrc�r� c�f_a pc;r�alt� fc�r arly
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vrc�l�ti�sn shall nc�t�xcu�e th�vrc�l�tior�c�r�ermit it tc�cc�ntrnue.��ch c�ay th�t�uch vic�l�tie�n ccsr�trnues
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Chapter 80
NOISE CONTROL
[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-11-2001 by Art. 33.
Amendments noted where applicable.]
GENERAL REFERENCES
Alarms—See Ch.5. Animals—See Ch.9.
§ 80-1. Findings.
The Town of Lexington finds that excessive or unwarranted noise j eopardizes the health,safety,and welfare
and degrades the quality of life of its citizens.
§ 80-2. Purpose and applicability.
A. The put•pose of this by-law is to protect the citizens of Lexington from excessive or unwarranted
noise. No person owning, leasing, or controlling a source of sound shall willfully, negligently, or
through failure to provide necessary eguipment, service, or maintenance or to take necessary
precautions cause, suffer, allow, or permit excessive ar unwarranted noise.
B. This by-1aw shall apply to the control of all sound originating within the limits of the Town of
Lexington and shall be consistent in scope and application with the relevant state and federal statutes
and regulations, including but not limited to the Massachusetts Clean Air Act, MGL Chapter 111,
Sections 142A-M and the Massachusetts Department of Environmental Protection Air Pollution
Control Regulations 310 CMR 7.00.
C. Noise-related provisions of Chapter 9, Animals,may be enforced under this by-law.
D. All Town departments and agencies shall, to the fullest extent consistent with federal and state laws
and regulations, carry out their programs in such a manner as to comply with this by-law.
E. Provisions in this by-law shall not apply to any activity to the extent regulation thereof has been
preempted by state or federal law.
§ 80-3.Relationship to other laws.
Nothing in this by-law shall be construed to restrict, amend,repeal, or otherwise limit the application or
enforcement of existing Town of Lexington by-laws or Commonwealth of Massachusetts laws.
§ 80-4. Definitions.
When used in this by-law, the following definitions shall apply:
BLAST HOLE DRII,LING Is a technique whereby a hole is drilled into the surface of the rocic,packed
with explosive material and detonated. "�'k�� ���n14a���nIl����;���n�p�.�Ils���Ilrr���c�c���;I�s n����i�Il�����ea�����;y
�aftl�� s�a.�r���a.�Ilc�����c�, n��pde���r�rn���v���r�ik ay��� ��dg�.
COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape
maintenance equipment on another's property. [Added ll-8-2021 STM by Art. 10]
CONSTRUCTION Any site or building preparation, assembly, erection, substantial repair, alteration,
destruction or similar action for public or private rights-of-way, structures, utilities, or similar property.
EMERGENCY Any occurrence or set of circumstances involving actual or imminent physical trauma or
property dainage.
EMERGENCY WORK Any work performed for the purpose of preventing or alleviating the physical
trauma or property damage threatened or caused by an emergency.
EQUNALENT CONTINUOUS SOUND PRESSURE LEVEL, or Leq/LAeq, is the constant noise level
that would result in the same total sound energy being produced over a given period.LAeq is a fundamental
measurement parameter designed to represent a varying sound source over a given time as a single number.
EXCESSIVE OR UNWARRANTED NOISE Any noise that results in noise pollution or noise injury.
LANDSCAPE MAINTENANCE EQUIPMENT Gas- or electric-powered lawn mowers,hedge trimmers,
weed whackers, leaf blowers, and other equipment used in landscaping or lawn care. [Added 11-8-2021
STM by Art. 10]
NOISE INJURY is a condition caused by one-time exposure to an intense impulse sound, such as an
explosion or by continuous exposure to loud sounds over an extended period of time. Sound is
measured in deciUel units. Long or repeated exposure to sounds at or above 85 decibels can cause
hearing loss.
NOISE LEVEL Measured property of sound,which for the purpose of this by-law,wi11 be expressed in A-
weighted decibels (dBA), obtained with a Type I or II sound level meter as specified under American
National Standards Institute(ANS� standards.
NOISE POLLUTION The condition resulting when a sound source exceeds 85 or more dBA.
PERCUSSNE BREAKING (Hammering) Is the Ureaking of rock, bedrock or ledge by repeated blows of
a heavy bit or a chisel inside a casiug pipe controlled by heavy equipment.
ROCK BREAKING Is the removal of boulders or bedrock from land by drilling, blasting, percussive
breaking, crushing,processing or splitting.
§ 80-5.Prohibition of excessive or unwarranted noise.
Generation of excessive or unwarranted noise is prohibited, except as provided by§§ 80-5 and 80-8 of this
by-law. In addition, the following restrictions shall apply:
A. Construction/private service/maintenance power equipment. [Amended 6-1-2020 ATM by Art. 27]
(i) Contractors are permitted to operate tools or equipment used in construction, excluding blast
hole drilling,rock breaking,or blasting,in a manner such that this operation creates noise across
a real property boundary that exceeds 85 db on weekdays between the hours of 7:00 a.m. and
5:00 p.m. and on Saturdays between the hours of 9:00 a.in. and 5:00 p.m. Such operation is not
permitted on Sundays and legal holidays recognized by the Commonwealth of Massachusetts.
(ii) Residents are permitted to operate tools or equipment used in construction, excluding blast hole
drilling, rock breaking or blasting, in a manner such that this operation creates noise across a
real property boundary that exceeds 85 db on weekdays Uetween the hours of 7:00 a.m.and 9:00
p.m. and on Saturdays, Sundays and legal holidays recognized by the Commonwealth of
Massachusetts between the hours of 9:00 a.m. and 5:00 p.m.
(iii) Contractors and residents are permitted to undertake blasting and the use of powered equipment
used in rock breaking, including but not limited to hydraulic or pneumatic hammers, on
weekdays only between the hours of 9:00 a.m. and 5:00 p.m. and is not permitted on Saturdays,
Sundays, and legal holidays recognized by the Commonwealth of Massachusetts. Contractors
and residents are required to comply with noise mitigation measures requirements in Section
80-8.
B. Legal Holidays recognized by the Commonwealth. The following legal holidays recognized by the
Commonwealth of Massachusetts shall be applicable for the puiposes of this bylaw:
New Year's Day
Memorial Day
Independence Day
Labor Day
Columbus Day(after 12:00 PM allowed)
Veteran's Day(after 1:00 PM allowed)
Thanksgiving Day
Christmas Day
C. Coinmercial trash collection. The operation of coinmercial trash compactors or collection of trash,
rubbish, refuse or debris, which generates excessive or unwarranted noise at any point of public or
common pass-by between the hours of ll:00 p.m. and 6:00 a.m. is prohibited.
D. Commercial deliveries or pickups. Deliveries or pickups for commercial or business purposes
between ll:00 p.m. and 6:00 a.m. are prohibited unless the noise level of such deliveries or pickups
in nearby residential areas does not cause excessive or unwarranted noise.
E. Electronic devices and musical instruments. No person owning, leasing or controlling the operation
of any electronic device or musical instrument shall willfully or negligently cause or pennit excessive
or unwarranted noise.
F. Fixed plant equipment. Excessive or unwarranted noise caused by fixed plant equipment such as,but
not limited to, air conditioners, pumps, fans, furnaces, compressars, engines, ventilation equipment
and siinilar fixed plant equipment is prohibited.
G. Motor vehicle alarms. No person owning, leasing, renting or otherwise in control of a motor vehicle
will permit the sounding of any horn, alarm or other signaling device for any period of time exceeding
10 minutes. Automatic alarm systems must be programmed to reset within 10 minutes and may not
activate again within the next 60 minutes.A police officer observing any horn,alarm or other signaling
device that fails to comply with this section will direct an owner, operator,renter or person in control
of the vehicle to silence the motor vehicle alann. If, after malcing a reasonable attempt to contact the
vehicle owner,operator,renter or person in control of the vehicle(or if that person refuses to comply),
the officer may enter the vehicle to shut off or otherwise disconnect the power source.If unsuccessful,
an authorized towing agency may be used to remove the motar vehicle to an approved storage area.
The registered owner of the motor vehicle will be responsible for all reasonable costs, charges and
expenses incurred for the silencing of the alann,removal and/or storage of the motor vehicle.
H. Stationary engine run-up. Permitting, allowing or causing generation of excessive or unwarranted
noise at any point of public or coinmon pass-by through the unnecessary operation of the engine of a
motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of�ive minutes
is prohibited.
L Landscape Noise [Amended 11-8-2021 STM by Art. 10]
(1) The outdoor use of landscape maintenance equipment by commercial landscapers shall be
limited to the following days and hours:
(a) Monday—Friday: 7:00 a.m. to 6:00 p.m.
(b) Saturdays: 9:00 a.m. to 5:00 p.m.
(2) The outdoor use of landscape maintenance equipment by persons other than commercial
landscapers shall be limited to the following days and hours:
(a) Monday—Friday: 7:00 a.m. to 8:00 p.m.
(b) Saturdays, Sundays, and legal holidays: 9:00 a.m. to 5:00 p.m.
(3) The outdoor use of landscape maintenance equipment by the Town or Town contractors on Town
properry shall be limited to the following hours:
(a) Monday—Friday: 7:00 a.m. to 8:00 p.m.
(b) Saturdays: 9:00 a.m. to 5:00 p.m.
(4) Landscape construcrion work shall be governed by § 80-SA,rather than this § 80-SH.
(5) The use of gas-powered leaf blowers is restricted to the periods of March 15 to May 31 and
September 15 to December 30.
(6) Effective March 15,2025,the use of all gas-powered leaf blowers by commercial landscapers in
the Town of Lexington shall be prohibited.
(7) Effective March 15, 2026, the use of all gas-powered leaf blowers by residents on their own
property in the Town of Lexington shall be prohibited.
(8) The use of wheeled leaf blowers powered by four-strolce engines on properties larger than one
acre is not subject to the prohibitions in Subsection I(6) and(7).
(9) Golf courses shall be exempt Subsection I(5)through(7).
§ SO-6. Exemptions.
A. The provisions of this by-law shall not apply to sounds emitted during or associated with:
(1) Police, fire, and civil and national defense activities, or in training exercises related to
emergency activities;
(2) Parades,public gatherings, or sporting events, for which pennits have been issued or which are
supervised by the School Department or the Parks and Recreation Department;
(3) Noncoinmercial public speal�ing and public asseinbly activities as guaranteed by state and
federal constitutions;
(4) Operation of a farm or any ancillary or related activity that is an ordinary aspect of farming;
(5) Emergency work including, but not limited to, the operation of any mechanical device,
apparatus, vehicle, or equipment used in connection with an emergency;
(6) Snow removal activity; and
(7) Any activity to the extent the regulation thereof has been preeinpted by state or federal laws or
regulations.
B. These exeinptions shall not apply if the noise is determined to exist as the result of negligent conduct
or actions inconsistent with generally accepted practices.
§ 80-7.Measurement of excessive or unwarranted noise.
A. A determination that excessive or unwarranted noise is related to a given noise source will be made
in accordance with the definition of"noise level" in § 80-4.
B. To determine if there is a noise violation on private property, the noise measurements shall be made
at the boundary of the abutting properry from which the offending sound source is located. To
determine if there is a noise violation in public spaces,the noise measusements shall be made at any
location a passerby might lawfully occupy.
§ 80-5. Noise mitigation plan for construction. [Added 10-21-2020 STM by Art.3`]
(i) A noise mitigation plan prepared by a noise mitigation consultant shall be required prior to the
issuance of a building permit for construction projects in or adjacent to residentially zoned areas
where:
(a) The project entails rock removal with heavy machinery, including ledge removal, rock
pounding,rock crushing, or rocic cutting(collectively defined as "ledge work"); and
(b) Ledge work activities are anticipated to take place on inore than seven days over the course of
the project; and
(c) Any project, based on the specific conditions of the project and upon a determination of the
Building Commissioner shall require a noise mitigation plan.
(ii) A noise mitigation plan required under this § 80-8 shall, at a minimum, require portable sound
baniers, designed to reduce sound levels outside the barriers by at least 10 dB(A), surrounding and
installed as close as practicable to the source of the noise. The noise mitigation plan may require, at
the discretion of the Building Commissioner, regular noise monitoring and reporting to the Building
Commissioner. These barriers must reduce construction noise to prevent noise injury to Town
residents.The obj ective of this bylaw is to keep maximum noise levels under 85 dB(A)at the property
line. This is taken to mean the LAeq as measured by a calibrated sound level meter. Since
construction noise varies over time,the LAeq measurement should be taken over a representative time
period, to capture the loudest typically sustained noise leveL This plan must address all noise-
producing activities involved in rocic removal, including rock pounding, rock crushing, blast hole
drilling or rock cutting (collectively defined as "ledge work"). Pneumatic jack-hainmers would be
included. Blast hole drilling and blasting,as permitted through the Fire Department is excluded. The
Plan shall include a site plan showing the site boundaries and the locations of nearby residents on all
sides. The site plan shall also show the location of ledge to be removed and the locations of each
proposed noise-producing equipment and its range of movement.
(iii) In the event that a building permit is issued under the assumption that none of the § 80-8 provisions
apply, and it is discovered that such provisions do apply after the project begins, then no ledge work
shall begin or continue until a noise mitigation plan is submitted and accepted in accordance with §
80-8(ii).
(iv) In the event that the builder does not submit or follow a specified noise mitigation plan, whether by
using inadequate barriers,poor barrier installation, poor maintenance, failure to move them to a new
work area on site,or any other problem,then work must cease until the issue is corrected in accordance
with provisions of§ 80-8.
§ 80-9. Special permits. [Amended 3-31-2004 ATM by Art.39]
A. The Select Board,or its designees,may issue a special permit for any activiry otherwise forbidden by
the provisions of this by-law. A person seeking such a permit shall make a written application to the
Select Board,or designee,on the appropriate form, which shall be available at the office of the Select
Board or its designee. The following criteria shall be considered when deciding whether to issue a
special permit: [Amended 3-27-2019 ATM by Art.34]
(1) Whether the cost of compliance will cause an applicant excessive financial hardship; and
(2) Whether the proposed additional noise will have an excessive impact on neighboring citizens.
B. The Select Board, or its designees, may issue additional guidelines de�ining the criteria to be
considered and the procedures to be followed in applying for a special permit. [Amended 3-27-2019
ATM by Art. 34]
C. An initial special permit shall remain valid for up to one year from the date it was issued.Renewal of
a special permit shall require:
(1) A public hearing for review of whether the cost of compliance will cause an applicant excessive
financial hardship; and
(2) Evaluation of noise data at the boundary of the property in which the offending sound source is
located. Renewal of a special permit shall be up to three years. Any special permit issued to the
applicant shall contain all necessary conditions to ensure minimum disturbance to the adjoining
residences.
D. Legal notice of the time and place of said hearing shall be given by the Select Board, at the expense of
the applicant, by publication in a newspaper of general circulation in Lexington once in each of two
successive weeks, the first publication to be not less than 14 days before the day of the hearing and by
posting such notice in a conspicuous place in the Lexington Town Hall for a period of not less than 14
days before the day of such hearing, and by delivering or mailing a notice thereof to the applicant,the
Board of Health,the Police, Fire and Inspectional Services Departments and the abutters within 300
feet of the 1ot line. [Amended 3-27-2019 ATM by Art.34]
§ SO-10.Rules and regulations. [Amended 3-27-2019 ATM by Art.34]
The Select Board, or its designees,may promulgate, after public notice and hearing,rules and regulations
to effectuate the purposes and intent of this by-law. However, failure by the Select Board to promulgate
such rules and regulations shall not act to suspend or invalidate the effect of this by-law.
§ 80-11.Enforcement and penalties.
A. The Police, Health or Inspectional Services Departments, or any designee thereof, shall have power
to enforce this by-law.
B. Any person who violates any provision of this bylaw,or who is the owner of property on which such
violation occurs, shall be fined an amount not to exceed $50 per first violation, $100 for the second
violation,and$200 for the third and each subsequent violation.Fines issued hereunder shall be issued
in accordance with Chapter 1, § 1-6 of the General Bylaws. The imposition of a penalty for any
violation shall not excuse the violation or perinit it to continue.Each day that such violation continues
shall be considered a separate offense. [Amended 11-8-2021 STM by Art. 10]
§ 80-12. Severability.
If any section,paragraph or part of this by-law is for any reason declared invalid or unconstitutional by
any court, every other section,paragraph and part shall continue in full force.
Hello Select Board: The following comments address the July 10 draft of the Noise Bylaw provided for
discussion at an upcoming Select Board Meeting.
Key points:
•A change in market conditions has made large rock excavation projects in established residential
neighborhoods financially feasible and increasingly common
•A maximum level that allows noise below 85 dba is too high and is associated with a number of
health issues including hearing damage per the CDC. I recommend 70 decibels as the
maximum limit for projects longer than 7 workdays.
•When noise mitigation efforts cannot achieve an acceptable noise level for neighbors,
alternatives such as a limit on allowable days of rocl<excavation work or compensation
payments should be considered.
• Blasting energy levels should be lowered below what the state allows, so that damage to
property(even cosmetic) is a rare occurrence.
Detail:
How it affects me: I live on a hillside of granite ledge that has had two multi-month excavation projects
in the past year:the work at 69 Pleasant Street, and a rock hammering construction phase associated
with a neighbor's garage addition. More projects are likely on the horizon as there are more
subdividable properties located on the same ledge along Pleasant Street. Without changes to the noise
bylaw that better tal<es into account the needs of nearby neighbors, I expect additional lengthy periods
of disruption in coming years.
What is a reasonable decibel limit at a residential property line?: Per the Chapter 80.5 A i draft,
excavation work that is below 85 decibels at a residential lot line is acceptable for construction work.
But the draft also states that noise injury can be a consequence of exposure to 85 dBA noise. Other
agencies, such as the �C1�suggest that 80-85 dbA noise can cause damage to hearing after 2 hours of
exposure. A lar�er buffer is needed between the level known to cause iniury and the allowable
maximum level at the residential lot line for construction.
Extended levels of noise that are below the threshold to cause hearing loss can still be disruptive to
people's lives. For instance, in developing noise policy the F�deral �viatican �drninistratic�n has
historically looked at characteristics of noise such as whether it is persistent or repetitive, not just its
peak volume.The FAA has determined through systematic survey research that some noise levels and
characteristics are incompatible with the location of homes, hospitals and schools.Though construction
noise is finite compared to airport noise, excavation activities that occur over a period of months
cannot be considered merely transitory. Our bylaw should cite any available research or policy standards
that justify maximum noise levels in terms of how they affect the health and comfort of nearby
residents.
In the event that no systematic research or policy standard can be identified to justify a particular noise
limit, I su��est that we use a maximum of 70 decibels on residential lot lines for excavation proiects that
will last more than 7 workdays.
What other strategies can be employed to lessen neighborhood burden? One or more of the following
regulatory solutions could help for excavation projects in residential neighborhoods that will take more
than 7 workdays:
1. Require a third-party geological survey that estimates the tons of rock to be excavated and
moved in the proposed site& building plan.The applicant must then provide an estimate of
how many workdays the proposed excavation is expected to take using their chosen
methodolagy.
2. Require preliminary decibel testing readings at the lot lines of properties within 100' of the
area of work using the proposed excavation equipment and (if applicable)sound barriers to
determine if a safe noise level can be met
3. Publicly post the results of these analyses and tests
The suggested noise limit along with these three actions would help neighbors by providing a clear sense
of how much noise to expect for how long. However, In the case where it is not possible to comply with
noise limits,the following additional actions should be considered:
1. Limit the total number of allowable excavation workdays as re�entl��r�act�d by the City of Rye,
NY(15 days) OR
2. Provide a mitigation payment per day beyond 15 days to affected neighbors to cover the costs
of relocation to housing of comparable quality and convenience for the length of the excavation
work.
What limitations for blasting make sense? As long as no damage occurs, blasting may be seen as less
disruptive to neighbors than other forms of rock excavation. However, recent work at 69 Pleasant Street
has shown that the state's allowable blasting energy levels may be too high. Policies should be set so
that even cosmetic damage to nearby structures is rare. Referencing the City of Rye again,they suggest
that at an appropriate allowable upper limit in a residential area is a peak particle velocity limit of
0.5in/s.The higher limit allowed by the state of MA includes the requirement for pre-blast surveys of
nearby structures. But we also need to be sure that the workflow for proving damage and getting
compensation is not seen as overly burdensome.
In summary:We should balance the rights of property owners to make improvements through rock
excavation with the rights of neighbors to expect reasonable limits on disruption and risks to their
health. Limits on time of day or days of the week,while welcome, do not fully address the problems
experienced by neighbors when long excavation projects occur near them. Lowering the allowable
decibel level in residential neighborhoods, lowering the blasting energy levels, limiting the number of
days of allowable excavation when adequate noise mitigation is not possible, or providing prospective
compensation for neighbors to relocate could all be useful components of a more balanced noise bylaw.
Barbara Katzenberg
37 Moon Hill Road
Town Meeting Member Precinct 2
**Exceptions would include work required by the Town or utility companies.
Markus Wilczek &Anh Nguyen
34 Moon Hill Road
Lexington, MA 02421
To the
Lexington Select Board
July 20, 2023
As abutters, we are writing to summarize our experience with the heavy and extended ledge
work that took place as part of the construction at 36 Moon Hill Road.
The ledge work started in April 2022 and continued, with some interruptions, until August 2022.
Heavy machinery including large jacl< hammers were operated daily (except for weel<ends). We
regularly measured about 97dB in our yard and 65-85 dB inside our home while all doors and
windows were closed. In addition, the vibrations from the jacl< hammering routinely shook our
house. When one of the neighbors alerted the company to the town bylaw requiring a sound
mitigation plan for this kind of work, there was a one-week hiatus until sound-baffling walls
were put in place. Yet, even after the installation of these walls, we routinely measured 92dB in
our yard (as per the town bylaw, it should not be more than 85dB).
The constant noise from the construction site proved highly disruptive for our family. We
purchased noise cancelling headphones for every member of the family and were forced to
wear them inside the house for much of April and May, when the noise was constant. When the
work started, the noise was so loud that our two year-old daughter wasn't able to take her
afternoon nap anymore. We had to leave our home and drive her around in a car so that she
could get at least some sleep. This took a strain on our child's well-being and constituted a
colossal waste of time having to drive around town because the noise made it impossible to nap
in our house.
In addition, the noise made it impossible to spend time in the backyard. Our children, who love
to play in the backyard, could not do so for much of the spring and the entire summer.
The situation was so bad that we even considered renting an apartment somewhere else for the
duration of the work. But because we have a school-aged child and work commitments in the
area, it proved impossible to find a place in a suitable location. In addition, the company doing
the excavation would not tell us for how long the work would continue, making it next to
impossible to mal<e alternative arrangements.
In summary, the noise level that we experienced for many months was extremely disruptive to
our family life and had a negative impact on our children's well-being and health. We hope that
the Select Board tal<es our experience into account when considering changes to the Noise
Bylaw so that others may not have to go through the same I<ind of ordeal
RespectFully,
Markus Wilczek &Anh Nguyen
AGENDA ITEM SUMMARY
LEXINGTON SELECT SOARD MEETING
AGENDA ITEM TITLE:
Review and Approve Response to Liquor License V'iolation- Aloft Lexington, 727A Marrett
Road
ITEM
PRESENTER: NUMBER:
Joe Pato, Select Board Chair
I.10
SUMMARY:
Category:Decision-Making
Attached please fmd the Select Board's policy on alcohol violations. The Police Department has confirmed
that the liquor violation on July 2, 2023 was the Aloi�'s first violation. Under the Select Board's policy; would
require a letter be sent to the licensee and be maintained in their file.
SUGGESTED MOTION:
Move to approve a written letter be sent to the Aloft Hotel and placed on their file as a record of this violation.
FOLLOW UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/24/2023 9:15pm
ATTACHMENTS:
Description Type
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BOARD OF SELECTMEN REGULATION
ALCOHOLIC BEVERAGES—ENFORCEMENT
Date Approved by BOS: Signature of Chair:
March 15, 2010 ��an�sa.� �• L�
I. PURPOSE AND SCOPE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic
beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency
for compliance with ABCC, and town regulations governing alcohol. The Police
Department also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive,but for education and to
ensure these regulations are consistently followed and applied. It is in the community's
best interest for all to understand the benefits of complying with the laws governing
alcohol.
II. APPLICATION
1. The licensee is responsible, whether present or not, for ensuring that no
disorder, disturbance, or illegality takes place in or on a licensed premises.
2. Violations may include, but not be limited to, service to an underage person,
sale or delivery to intoxicated persons,use of narcotics on the premises,
gambling, failure to meet any of the terms of the regulations of the Board of
Selectmen.
3. Periodically, the police conduct stings and checks at licensed locations for
compliance. When checics take place, the police shall use the guidelines from
the ABCC for compliance checks.
4. The following course of action will be tal�en upon violations occurring within
3 years: 1 st offense—written warning placed in the licensing file and required
training for personnel involved; 2nd offense—hearing before the Board of
Selectmen to determine action including suspension and revocation of license.
Circumstances may necessitate more serious consequences on any violations.
5. Violations of other rules and regulations will be brought to the attention of the
Board of Selectmen who shall determine whether or not a hearing is
necessary. In most cases, a hearing will be held to determine what, if any,
action should be taken.
6. All violations and complaints received about licensed establishments shall be
in writing and placed in the file of the licensee.
7. At the time of license renewal and/or changes to the license, the Board of
Selectmen will be made aware of any violations or complaints in the last three
years and may use that as a basis for action on the license renewal or change.
8. Upon notice of violations or complaints, the license holder shall provide to the
Board of Selectmen evidence of steps taken to address the violation or of
mitigating circumstances. Failure to respond could result in revocation or
suspension of liquor license. Information provided to the Board shall be
placed in the licensee's file and may be considered as a basis for action on the
license renewal or change.
9. The license holder has the right to appeal any decision of the Board of
Selectmen within five (5) days of the decision to ABCC.
III. BACKGROLTND
When violations occur to the rules and regulations regarding alcohol license, it is the
Board of Selectmen who is ultimately responsible for enforcing the regulations in
conjunction with the Police Department. This enforcement policy is intended to provide
guidance to alllicensees of their obligations and the consequences for not following
applicable laws and regulations.
IV. REFERENCE
Adopted by the Board of Selectmen October 4, 2004.
This regulation was amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Guide to Liquor Laws of the Commonwealth
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, �� Select Board Office
u� /-"r
.\'�,apxniq�^ � %
`��/IVG'���
JOSEPH N.PATO,CHAIR
SUZANNE E.BARRY
DOUGLAS M.LUCENTE
JILL I.HAI TEL: (781)698-4580
MARK D.SANDEEN FAX: (781)863-9468
July , 2023
Christopher Bono, President Julia Royce,
Lixi Hospitality Lexington FB Mgt, Inc Sherin and Lodgen LLP
C/O Sherin and Lodgen LLP 101 Federal St�eet
101 Federal Street Boston, MA 02ll0
Boston, MA 02110
RE: Liquar License Violation-Aloft Lexington 727 Marrett Road Lexington, MA 02421
Dear Mr. Bono and Ms. Royce :
On July 2, 2023 the Lexington Police Department responded to an incident at the Aloft Lexington which included a
liquar license violation of serving alcohol after the Aloft Lexington Liquor Licensed hours. Serving alcohol outside
of the licensed hours is a violation of Massachusetts Genei al Laws and the Lexington Alcohol Licensing Board.
See enclosed copy of the Town of Lexington Alcoholic Beverages Enforcement Regulation as well as a copy of the
Alo$Liquor License. The following course of action is taken upon violations occurring within a 3-year period: lst
offense—written warning placed in the licensing file and required training for personnel; 2na offense—hearing
before Select Board to determine action, including suspension and revocation of license. Extenuating circumstances
may necessitate more serious consequences on any violations.
For this lgt offense,Aloft Lexington must have all bartenders and managers attend a new session of a
Responsible Alcohol Seller/Server Training Course using a recognized alcohol beverage server-training
organization such as TIPS. A list of all the bartenders and managers trained along with a copy of the new
certificate for each bartender and manager must then be submitted to the Select Board Office by August 31, 2023.
The Lexington Select Board and Police Department share with you, a business owner in the Lexington community,
the common goal of consistent responsible sales of alcohol.
Very truly yours,
Joseph Pato
Chair
JP/kk
cc: Police Chief McLean
ABCC
1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
BOARD OF SELECTMEN REGULATION
ALCOHOLIC BEVERAGES—ENFORCEMENT
Date Approved by BOS: Signature of Chair:
March 15, 2010 ��an�sa.� �• L�
I. PURPOSE AND SCOPE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic
beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency
for compliance with ABCC, and town regulations governing alcohol. The Police
Department also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive,but for education and to
ensure these regulations are consistently followed and applied. It is in the community's
best interest for all to understand the benefits of complying with the laws governing
alcohol.
II. APPLICATION
1. The licensee is responsible, whether present or not, for ensuring that no
disorder, disturbance, or illegality takes place in or on a licensed premises.
2. Violations may include, but not be limited to, service to an underage person,
sale or delivery to intoxicated persons,use of narcotics on the premises,
gambling, failure to meet any of the terms of the regulations of the Board of
Selectmen.
3. Periodically, the police conduct stings and checks at licensed locations for
compliance. When checics take place, the police shall use the guidelines from
the ABCC for compliance checks.
4. The following course of action will be tal�en upon violations occurring within
3 years: 1 st offense—written warning placed in the licensing file and required
training for personnel involved; 2nd offense—hearing before the Board of
Selectmen to determine action including suspension and revocation of license.
Circumstances may necessitate more serious consequences on any violations.
5. Violations of other rules and regulations will be brought to the attention of the
Board of Selectmen who shall determine whether or not a hearing is
necessary. In most cases, a hearing will be held to determine what, if any,
action should be taken.
6. All violations and complaints received about licensed establishments shall be
in writing and placed in the file of the licensee.
7. At the time of license renewal and/or changes to the license, the Board of
Selectmen will be made aware of any violations or complaints in the last three
years and may use that as a basis for action on the license renewal or change.
8. Upon notice of violations or complaints, the license holder shall provide to the
Board of Selectmen evidence of steps taken to address the violation or of
mitigating circumstances. Failure to respond could result in revocation or
suspension of liquor license. Information provided to the Board shall be
placed in the licensee's file and may be considered as a basis for action on the
license renewal or change.
9. The license holder has the right to appeal any decision of the Board of
Selectmen within five (5) days of the decision to ABCC.
III. BACKGROLTND
When violations occur to the rules and regulations regarding alcohol license, it is the
Board of Selectmen who is ultimately responsible for enforcing the regulations in
conjunction with the Police Department. This enforcement policy is intended to provide
guidance to alllicensees of their obligations and the consequences for not following
applicable laws and regulations.
IV. REFERENCE
Adopted by the Board of Selectmen October 4, 2004.
This regulation was amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Guide to Liquor Laws of the Commonwealth
LIGE1tiiSE
ALGOHOLIG BEVERAGES
THE LICENSING BOARD OF
THE TOWN OF LEXINGTON, MASSACHUSETTS
HEREBY GRANTS A
I1tilltiiHOL�D�R
License to Expose, Keep for Sale, and to Sell
All Kinds of Alcoholic Beverages
To Be Drunk On the Premises
To Lixi Hospitality Lexington FB MGT, Inc., d/b/a Aloft Lexington
727 Marrett Road—A, Lexington 02421 Patricia Elkins, Manager
on the following described premises: Hotel with 4 floors. Main Level: lobby, refuel and
relax areas, central courtyard, restaurant, storage rooms, meeting room, and prep area. lst
to 4th floors: 136 sleeping rooms.
This license is granted and accepted upon the express condition that the licensee
shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138
of the General Laws, as amended, and any rules or regulations made thereunder by the
licensing authorities. This license expires December 31, 2023, unless earlier suspended,
cancelled or revoked.
IN TESTIMONY WHEREOF, the undersigned have hereunto affixed their official
signatures this 19t" day of December 2022.
The Hours during which Alcoholic
Beverages may be sold are:
From: Prep Area—Monday to Friday � �•��(ti^�-�
5:00 p.m.to 12:00 midnight �- ��
Saturday and Sunday �
12:00 Noon to 12:00 midnight � �p ��' s'�'"r('"� , , �
r rr ,�f�
� ��" ,�
....� ,..���- ._.._._
License No.0032-HT-0612 Licensing Board
THIS LICENSE SHALL BE DISPLAYED ON THE PREMISES IN A CONSPICUOUS POSITION WHERE IT CAN EASILY BE READ
July 21, 2023
To the Select Board of Lexington,
The incident that occurred on July 2, 2023 is not representative of our operations, our
Hotel and our Brand. We have held this liquor license without incident for almost seven years
and take this first violation very seriously.
It is our customary practice and policy that a manager is always present when the bar is
open. In addition, the general manager and our Regional Vice President of Operations are always
available by phone to address any issues that may arise. On the day of the incident, the manager
was sick and did not report for their shift that evening. The bartender and night auditor were on
duty. Although the bartender was aware of the bar hours, as evidenced by his signed
acknowledgement(attached hereto), the bar remained open after hours and continued serving
customers. We did not authorize this decision which was made by the bartender without
consultation with any supervising employee. As a result of the violation of the policy and the
operating hours, the bartender's employment was promptly terminated. Additionally, the general
manager employed at the time of the incident will no longer be employed by the company after
the date of this letter.
We are committed to ensuring no further violations occur and have talcen the additional
actions to ensure that (i)proper staffmg and supervision is available, and(ii) all employees are
properly trained regarding all applicable regulations. We are in the process of reviewing our
staffing model and have hired a new general manager. This new general manager has worked
with the Lixi organization previously and has signi�cant food and beverage experience. The new
general manager will begin his employment on July 31, 2023. We are confident that his presence
on site will ensure no further violations occur. Beginning on July 21, 2023, we will conduct a
retraining for all managers and staff to remind them of the relevant local and ABCC regulations.
As part of this training, all managers and staff will be required to re-sign an acknowledgement as
to the bar operating hours.
We recognize the severity of the violation that occurred on July 2, 2023 and have acted
promptly and diligently to ensure continued compliance with a111icensing rules and regulations.
Thank you for your time and consideration.
Sincerely,
DocuSigned by:
��''� �(�'
E94EAB49A73445E...
Ling Liu
Vice President of Lixi Group
Aloft Notei Lexington
Training Documentation
Manager: Bob Ayers, GM
Topic: Liquor License hours
Date: 3-5-23 '
Our Liquor License the Aloft Hotel covers us from S:OOpm until 12:00 midnight. We can
not serve alcohol outside of these hours.
PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS OR CONCERNS.
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