HomeMy WebLinkAbout2023-12-11 SB Packet - Released SELECT BOARD MEETING
Monday, December 11, 2023
Select Board Meeting Room, 1625 Massachusetts Avenue, Lexington, MA 02420 - Hybrid Participation*
6:30 PM
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Select Board Work Session- Discuss Use Restrictions for 38A Lowell Street 6:35pm
2. Select Board Work Session- Review Town Manager's 2023 Performance 7:05pm
Evaluation
3. Select Board Work Session- Discuss Proposed Updates to Noise Bylaw 7:35pm
ADJOURN
1. Anticipated Adjournment 7:50pm
Meeting Packet:https://Lexington.novusagenda.com/agendapubhc/
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The next regularly scheduled meeting of the Select Board will be held on Monday, December 18,
2023 at 6:30pm via hybrid participation.
Hearing Assistance Devices Available on Request
All agenda time and the order of items aye approximate and Leyfqedil"a
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Work Session- Discuss Use Restrictions for 38A Lowell Street
PRESENTER: ITEM
Jim Malloy, Town Manager; Carol NUMBER:
Kowalski,Assistant Town Manager
for Development I.1
SUMMARY
Category: Brainstorming
*Public comments will not be taken for this item as it is a work session topic.
Attached please fmd the conservation restriction for the Busa Farm that has been worked on for the past
several years and is now ready to be filed with the state. As part of the request to acquire adjacent property
through the CPA funds this year, Select Board member Mark Sandeen asked that Lot 20-38A be removed
from the conservation restriction so that it can either be used for affordable housing or in the future be
considered as part of a land swap for other land from the former Busa Farm property the Town owns to allow
for affordable housing to be developed.
Also, attached please fmd the area map showing the different lots and where lot 20-38A is (bordering Lowell
Street).
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/11/2023 6:35pm
ATTACHMENTS:
Description Type
F) I exf,ati:-Yi.(.-,'�,)n.servatliorI Restriction. vei'Merno
F) Lot 20 38A Vll<ap Cbver Vlen,10
GRANTOR: Town of Lexington
GRANTEE: Citizens for Lexington Conservation
Preservation Foundation Incorporated
ADDRESS OF PREMISES:Busa Farm,Lowell Street,Lexington,MA
FOR GRANTOR'S TITLE SEE: Middlesex South Registry District of the Land Court as Document
No. 1519938
CONSERVATION RESTRICTION
I. Grantor Clause:
%JJL^-� ®__--,having an address at 1625 Massachusetts
Avenue,Lexington,Massachusetts 02420,being the sole owner of the Premises as defined herein,
and for its successors and assigns("Grantor"),acting pursuant to Sections 31,32 and 33 of
Chapter 184 of the General Laws,hereby grants,with QUITCLAIM COVENANTS,to the
CITIZENS FOR LEXINGTON CONSERVATION,a Massachusetts non-profit association
having an address of PO BOX 292,Lexington,Massachusetts 02420-0003,and its permitted
successors and assigns(the"Grantee"),in perpetuity and exclusively for conservation purposes,
for nominal consideration,the receipt and sufficiency of which is hereby acknowledged,the
following described Conservation Restriction on those certain parcels of land located on Lowell
Street,Lexington,Massachusetts,constituting of approximately 7.47 acres,said parcels being
shown as"213","3111"4"and"7"on a plan entitled"Lowell Street,Lexington,Massachusetts
Assessor's Map 20/Parcel 38 Subdivision Plan of Land Approval Not Required"prepared by
GCG Associates,Inc.dated February 5,2014,filed with the Middlesex South Registry of Deeds
as Plan 108 of 2015,a copy of which is attached as Exhibit A(the"Premises"). For Grantor's
title,see that certain deed filed with the Middlesex South Registry District of the Land Court as
Document No. 1519938. See also Order of the Land Court to Withdraw from Registration dated
July 17,2014,and filed with the Middlesex South Registry District of the Land Court as
Document No. 1676321 and noted on Certificate of Title No.245506 and recorded with said
Registry of Deeds at Book 63955,Page 12.
The fee interest in the Premises was acquired utilizing,in part,Community Preservation Act
funds pursuant to Chapter 44B of the Massachusetts General Laws,which funds were authorized
for such purposes by a vote of the Lexington Town Meeting held on May 6,2009,an attested
copy of which vote is attached hereto as Exhibit C("the CPA Vote").Pursuant to Chapter 44B of
the Massachusetts General Laws,and pursuant to the CPA Vote,the fee interest in the Premises,
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and therefore the management of the Premises,is under the care,custody,and control of the
Conservation Commission of the Town of Lexington.
II. Purposes:
This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of
the Massachusetts General Laws and otherwise by law.The Premises was acquired with
Community Preservation Act funding(Chapter 44B of the General Laws of Massachusetts,as
amended)by the Town of Lexington for open space purposes,which include agricultural and
recreational purposes pursuant to said Community Preservation Act,and shall be maintained in
perpetuity for the purposes stated in Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts and shall be fully protected by all provisions of Article 97.The
purposes of this Conservation Restriction are(a)to assure that the Premises will be maintained in
perpetuity in a natural,scenic,and open condition,while also permitting the consistent uses as
defined in Paragraph III.B,for conservation purposes,including agricultural,horticultural,and
recreation purposes and(b)to prevent any use or change that would materially impair or interfere
with its agricultural,horticultural,or recreation values(hereinafter,the"conservation values").
In order to preserve the Premises in perpetuity for agricultural,horticultural and recreation
purposes in a natural,scenic,and open condition,while also permitting the consistent uses as
defined in Paragraph III.B,the Grantor conveys to the Grantee a perpetual Conservation
Restriction within the meaning of Chapter 184,Section 31 et seq.of the General Laws of
Massachusetts,as amended.
The Conservation Values protected by this Conservation Restriction include the following:
• Open Space.The Premises contributes to the protection of the scenic and natural character
of Lexington,and the protection of the Premises will enhance the open-space value of
these and nearby lands.The Premises abuts or is close to land already conserved,
including the Town of Arlington's Arlington Reservoir,the Town of Lexington's Jerry
Cataldo Reservation,and the Town of Lexington's Whipple Hill Conservation Area.
• The preservation of the Premises for agricultural,horticultural and farming use,including
community farming,and associated educational purposes;
• Preservation of the archaeological,historic and cultural values of the Premises.
• Preservation of the scenic beauty and rural character of the Premises.
• The preservation of the ecological values of the Premises,including protection of water
resources including the Mystic River Watershed,the Munroe Brook and the Arlington
Reservoir;
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• Prime Agricultural Soils.The entire property(100 percent of the 7.47-acre total area)is
identified by USDA/NRCS as Farmland of Statewide Importance.The protection of the
Premises will promote healthy soils and healthy soils practices as such terms are defined
in Chapter 358 of the Acts of 2020,which added definitions of these terms to Section 7A
of Chapter 128 of the Massachusetts General Laws.
• Public Access.The preservation of the Premises as open space and access to the general
public to existing trails on the Premises;public access to the Premises will be allowed for
biking,walking,hiking,horseback riding,cross-country skiing and other non-motorized
outdoor recreational activities on the established trails on the Premises,except during
certain limited times of the year when such access would interfere with agricultural
activities being conducted on the Premises.
• Indigenous Cultural Landscape.The Premises is identified by members of the
Massachusett Tribe as an Indigenous cultural landscape with attributes relevant to the
intrinsic values of contemporary Indigenous communities within the Commonwealth of
Massachusetts.
• Working Farmland.The protection of the Premises will ensure that the open fields and
forests contained on the Premises will be permanently available for agriculture that is
consistent with the Purposes.
• Climate Change Resiliency.A portion of the Premises is identified as an area of average
Terrestrial Resilience according to The Nature Conservancy's Resilient Land Mapping
Tool.TNC's Resilient Land Mapping Tool was developed in order to map`climate-
resilient'sites that are`more likely to sustain native plants,animals,and natural processes
into the future.'The protection of these climate resilient sites is an important step in
reducing human and ecosystem vulnerability to climate change and adapting to changing
conditions.
• Consistency with the 2022 Lexington Open Space and Recreation Plan(OSRP).The Busa
Farm is identified as a Unique Feature on page 48 of the Lexington OSRP.According to
the plan,"the Town acquisition of Busa Farm in 2009 allowed for the preservation of an
important agricultural resource in Lexington.Currently the site of Lexington Community
Farm,this is one of two Community Supported Agriculture(CSA)programs in
Lexington."As the OSRP further states,"After lengthy public deliberation the Town has
elected to lease the property to Lexington Community Farm,a local non-profit
organization that has established a community based farm offering locally grown produce
through CSA shares and an onsite farm stand,along with various educational programs for
the community.LexFarm opened in 2014 and is currently connected to over 400 member
households in Town."The farm is also identified on page 36 of the OSRP as an important
element of the Mystic River Watershed,and on page 61 as situated immediately adjacent
to an Environmental Justice Population.
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III. Prohibited Acts and Uses,Exceptions Thereto,and Permitted Uses:
A. Prohibited Acts and Uses
Subject to the reserved rights and exceptions set forth herein,including without limitation those set
forth in Paragraph III.B,the Grantor will not perform or permit the following acts and uses which
are prohibited on,above,and below the Premises:
1. Buildings, Structures,Facilities and Improvements. Constructing,placing or allowing to
remain any permanent building, tennis court, landing strip, swimming pool, asphalt or concrete
pavement,sign,fence,billboard or other advertising display,antenna/tower,utility pole/conduit,or
other permanent structure or facility;
2. Excavating Soil,Mineral Resources,etc. Mining, excavating, dredging or removing soil,
loam,peat,gravel,sand,rock or other mineral resources or natural deposits or other processes such
as hydraulic fracturing that might allow mining to or from adjacent properties,or otherwise making
topographical changes;
3. Dumping of Refuse and Other Materials. Placing, filling, storing or dumping soil, grass
clippings,compost,yard debris or other substances on the ground or dumping or placing of refuse,
trash,vehicle bodies or parts,rubbish,debris,junk,trash,solid or chemical waste or other substance
or material whatsoever or the installation of underground storage tanks;
4. Cuttingof f Vegetation. Cutting,removing or otherwise destroying trees, grasses or other
vegetation;
5. Activities Detrimental to Drainage,flood control,water conservation,water quality,erosion
control,soil conservation,wildlife habitat,or archaeological conservation;
6. Motorized Vehicles. Use,parking or storage of motorized vehicles of any kind,including
but not limited to automobiles,motorcycles,mopeds,all-terrain vehicles,snowmobiles or any other
motorized vehicles;
7. Historical or Archaeological Resources. The disruption, removal, or destruction of any
historical or archaeological resource, including but not limited to stone walls and granite fence
posts;
8. Subdivision. Subdivision or conveyance of a part or portion of the Premises alone, or
division or subdivision of the Premises(as compared to conveyance of the Premises in its entirety
which shall be permitted), and no portion of the Premises may be used towards building or
development requirements on this or any other parcel;
9. Commercial Recreational,Business,Residential or Industrial Uses. The use of the Premises
for commercial recreation,business,residential or industrial use,excluding equestrian uses,,
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10. Any other use of the Premises or activity which is inconsistent with the purpose of this
Conservation Restriction or which would impair its conservation values.
B. Reserved Rights and Exceptions
The Grantor reserves the right to conduct or permit the following activities and uses on the
Premises,but only if such uses and activities do not materially impair the conservation values or
purposes of this Conservation Restriction:
1. Existing Structures. Maintenance, repair, removal or replacement of any permanent or
temporary structures or other improvements on the Premises as currently shown on that certain plan
attached hereto as Exhibit B(the"Structures and Fields Plan"),including without limitation use of
the office trailer currently on the Premises as offices for Community Farm(see Paragraph III.B.5)
operations and administration, provided, however that any replacement of said permanent or
temporary structures or other improvements shall be constructed on the Premises in areas outside
of the"Growing Fields"shown on the &n.i( m: s :j�m( Fi l ,; ql;i�
. Said structures or improvements shall be set back at least five 5 feet from the legal
boundaries of the Premises if permitted by current Town zoning.
2. Recreational Activities. Bilging, walking, hiking, horseback riding, cross-country skiing
and other non-motorized outdoor recreational activities that do not materially alter the landscape
and do not degrade environmental quality;
3. Educational Activities. Organized walks, educational programs, school field trips, farm
tours, and other similar activities designed to promote an understanding of nature, conservation,
agriculture and/or history;
4. Vegetation Management. In accordance with generally accepted land conservation
management practices,removing of brush,selective minimal pruning and cutting to prevent,control
or remove hazards,disease,insect or fire damage,and regular mowing at least once a year to prevent
reforestation;and the planting of native trees and shrubs and the mowing of grass;
5. Water Infrastructure.The digging or drilling and the maintenance,repair and replacement
of water supply wells, together with the installation, construction, and placement of permanent
underground and temporary aboveground pumps, conduits, hoses, and other equipment all as
exclusively associated with irrigation for allowed uses on the Premises. Prior to commencing any
new well,plans for the same shall be developed by the Grantor,after consultation with the Grantee,
and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be
unreasonablywithheld.
1 ...
. .............................................................................................................................................................................................................................................................................................................................................................................................................................................................
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6. Agricultural Management. At the time of this Conservation Restriction's recording, the
Premises is known as the Lexington Community Farm("LexFarm")and is
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being operated by the Lexington Community Farm Coalition, Inc. (the ""'Farm Operator`P'").
Notwithstanding any future change in Farm Operator, the following `Agricultural Management'
activities are permitted on the Premises:
(a) Clearing,mowing,and prescribed burning of vegetation;
(b) The planting,maintenance,cultivation,and harvesting of crops or fruit-or nut-bearing
trees, together with soil preparation, conservation, and management activities
commonly associated with such agricultural uses, including the plowing of
agricultural fields and the addition of soil amendments, such as lime or compost
(generated on or off the Premises);
(c) The raising and pasturing of livestock;) Commented[EE11:Does the town or farm operator want
to allow livestock?
(d) The use of fertilizers;
(e) The use of pesticides, herbicides, and fungicides, provided, however, that such
agricultural chemicals are registered under Commonwealth of Massachusetts
regulations or otherwise permitted by the MA Department of Agricultural Resources,
and are used and stored in accordance and consistent with all pertinent federal,state,
and local instructions,limitations,laws,zoning,rules,and regulations;
(f) The maintenance of piles of limbs, brush, manure, leaves, compost, and similar
biodegradable material generated on the Premises,but not stumps,provided such piles
are not placed in any wetlands and do not otherwise interfere with the conservation
values(manure may not be stockpiled within any Protected Wetland Resource Areas,
including Riverfront and wetland buffer zones);
(g) The installation, maintenance, and removal of fences, including but not limited to
electric fences consistent with permitted Agricultural Management activities
described in this Paragraph III.B.5, provided that said fences do not interfere with
access to any public trails and paths on the Premises;
(h) The use of the `Farmstand' as shown on Exhibit B to market and sell agricultural
products and related supplies and tools, and conduct educational programs and
products;
(i) Use of vehicles and other motorized equipment as necessary and convenient for the
operation of the Community Farm and for other Agricultural Management activities
as described in this Paragraph IILB.5, including but not limited to tractors, trucks,
balers,spreaders and planters,and similar types of vehicles,and vehicles permitted in
Paragraph III.B. 12 below;and
(j) Construction of, or addition to, stone walls and/or piles incidental to the removal of
rocks from plowed areas.
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(k) Horse and other livestock use Icarried on in accordance with sound management M commented[EE2]:s
practices(including without limitation,generally accepted water quality management Commented[EE31112]:see question above re livestock,
standards)and uses accessory thereto,including without limitation run-in sheds,riding horses
areas, bridle paths and sight pervious and non chain-link fencing. This right shall Commented[JP4R2]:Confirm.
include, without limitation, the right to use equipment and vehicles as reasonably
necessary for such purposes.
(1) Requirement to Follow Best Agricultural Practices. Agricultural Activities shall be
conducted in a manner consistent with generally accepted best management practices
for sustainable farming as those practices may be identified from time to time by
appropriate governmental or educational institutions such as the USDA Natural
Resources Conservation Service (NRCS), UMass Extension, Northeast Organic
Farming Association(NOFA),Massachusetts Department of Agricultural Resources,
and the like(collectively,"Best Agricultural Practices")and in a manner that promotes
healthy soils and healthy soil practices, as such terms are defined in Chapter 358 of
the Acts of 2020,which added definitions of these terms to Section 7A of Chapter 128
of the Massachusetts General Laws("Healthy Soils and Practices"),and in a manner
that does not hinder the ability of future generations to engage in Agricultural
Activities on the Premises.„ Formatted:Font color:Auto
I,
niftu
.� Commented[JP5]:Was this discussed?
7. Non-Native or Nuisance Species. The removal of non-native,nuisance or invasive species,
the interplanting of native species,including but not limited to beaver management,and the control
of species in a manner that minimizes damage to surrounding, non-target species and preserves
water quality and scenic vistas;
8. Soil Management. Excavation and removal from the Premises of soil, gravel or other
mineral resources or natural deposits (a) as may be necessary or convenient for Agricultural
Management, (b)as may be incidental to the maintenance of trails or creation of trail connections,
bikeways, and access roads or (c) to maintain good drainage and hydrologic functioning of the
Premises,provided that(i)such activities follow generally accepted soil conservation practices,(ii)
such activities do not occur within protected wetland resource areas, of if they do, the activities
receive required authorizations, and (iii) disturbed areas are re-vegetated with native plant
materials,and(iv)only after Grantor consultation with Grantee and with the Grantee's approval as
provided in Paragraph III.E,whose approval shall not be unreasonably withheld; Commented[EE6]:
Commented[EE71116]:CLC would like to set up a
9. Wildlife Habitat Improvement. Measures designed to restore native biotic communities,or ; communication mechanism by which someone representing
to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including the lessee, in this case LexFarm,be appointed to
quarterly) with a
(perhaps quarar
but not limited to continued selective planting of native trees,shrubs and plant species,and avian representative from CLC communicate regularly to advise planned improvements
nesting structures; or other changes to the property that need to be accounted for
under CLC's monitoring responsibility.
10. Archaeological Investigations. Archaeological activities, including but not limited to Commented[JP8R6]:This would be addressed under the
surveys, following submission of a Project Notification Form and its approval by the State Management Agreement.
{00211231;v1} 7
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Archaeologist/State Historic Preservation Office of the Massachusetts Historical Commission(or
appropriate successor official); and only after Grantor consultation with Grantee and with the
Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably
withheld;
11. Ste. The erection,maintenance and replacement of signs and kiosks by the Grantor, at
Grantor's expense. Permanent signs may identify the Grantee as the holder of the Conservation
Restriction and the Grantor as the owner of the Premises, spell out the ongoing activities and
Reserved Rights,and educate the public about trail access,the protected conservation values,and
any rules pertaining to uses of the Premises;
12. Permitted Vehicles. Use of vehicles necessary for public safety (i.e., fire, police,
ambulance, other government officials) in carrying out their lawful duties and trucks and other
vehicles used for activities permitted by this Conservation Restriction, including in the operation
of the Community Farm, and motorized and non-motorized vehicles to assist the mobility of
handicapped persons;
13. Utilities. The construction, use, maintenance and replacement of utilities, including the
installation and maintenance of town-supplied water and sewer lines,to serve all allowed uses on
the Premises, including without limitation a public bathroom facility; however, the repair or Commented[EE9]:
replacement of existing utilities in their current locations shall require prior notice to (but not
Commented[EE101119]:Who will be responsible for
approval of) Grantee, and new construction, expansion or relocation of utilities shall require maintaining and Meaning the facility? The farm operator?
Grantor consultation with Grantee and Grantee's approval as provided in Paragraph III.E,whose Do we need to specify this?
approval shall not be unreasonably withheld; Commented[EE11 R9]:
Commented[JP12R9]:Assume this would be farm
14. Allowable New Structures. In addition to the structures described above in Paragraph operator and included in management agreement.
III.B.1, allowable new structures may include boardwalks, temporary portable toilets, benches,
temporary or permanent agriculture structures such as greenhouses or high tunnels; educational
geodesic domes•and structures such as g jany structures required by federal,state and local laws and Commented[JP13]:Restored. Confirm this is the intent.
regulations, provided that such structures are consistent with the purposes of this Conservation
Restriction and the protection of the conservation values;and only after Grantor consultation with
Grantee and with the Grantee's approval as provided in Paragraph III.E,whose approval shall not
be unreasonablywithheld,
�� j Formatted:Font color:Auto
o -
® Commented[JP14]:Was this discussed?
15. Cleanupof Oil and Hazardous Materials.Notwithstanding anything herein to the contrary, I Formatted:Font color:Auto
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nothing in this Conservation Restriction shall restrict the right to conduct any and all reasonably
necessary environmental response actions on the Premises to address the future release of oil or
hazardous materials on the Premises,provided that such response actions are conducted in
compliance with all applicable federal and state laws and regulations;
16. Parking. The construction,use,maintenance,repair,replacement,expansion,and removal
of driveways and parking areas of the Premises consistent with community farming use,provided
that prior to any construction for new driveways or parking areas,Grantor shall provide plans for
the same for approval by Grantee as provided in Paragraph III.E,and provided that future parking
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expansion be restricted to 1,000 square feet or five spaces,whichever is less;
17. Trails and Bikeways. The routine maintenance of public access trails and possible future
unpaved bikeways and the relocation of existing trails and bikeways or the construction of new
trails and bikeways,bq only after Grantor consultation with Grantee and with the Grantee's
approval as provided in Paragraph III.E,whose approval shall not be unreasonably withheld;
18. Green Energy.With prior written approval of the Grantee,constructing energy producing
structures and associated transmission lines that produce negligible or no pollution or carbon
emissions("Green Energy Structures")to supply power for any Permitted Acts and Uses on the
Premises.In addition to the terms of Paragraph III.E.,when considering whether to grant
approval,the Grantee will take into consideration the energy needs related to the relevant
Permitted Act(s)and Use(s).While it is agreed that some power may be fed back into the public
power grid during high production periods,such Green Energy Structures shall be limited to a
capacity not higher than that necessary to meet,or exceed by up to 20%at the time of installation,
the power requirements of the Permitted Acts and Uses,and shall not be located on growing fields
19. Active Recreation.
a. The uses set forth in subparagraph(b)below shall be permissible,only upon
satisfaction of the following conditions:
i. Either the Grantor has not renewed the lease with the Farm Operator,or the Farm
Operator has(a)notified the Grantor of its intent to discontinue Agricultural
Management operations,(b)abandoned such use by failing to cultivate at least
twenty percent(20%)of the arable land on the Premises(shown on the Structure
11; F"icil..]..(�1s,Plan as"Growing Fields")for three(3)successive years,or(c)not
renewed its lease to conduct Agricultural Management activities;and
ii. Following such discontinuance,abandonment,or non-renewal of lease,the Grantor
and Grantee have each made reasonable efforts to re-lease or otherwise lease the Commented[EE15]:Delete grantee's responsibility to
Premises for Agricultural Management activities,and such efforts have been find new operator
n
------------------------------------------ -------------
unsuccessful;and Commented[CK16R15]:Check with Town Counsel
iii.Not sooner than one(1)year following the discontinuance,abandonment,or non-
Commented[JP17R15]:Ok.
renewal of the lease,a majority vote is taken at a duly called Special or Annual
Town Meeting approving the use of the Premises for active recreation in
accordance with subparagraph(b)below.
iv.Following the completion of the steps enumerated in Paragraph II(B)(18)(i-iii),the
Grantor shall notify the Grantee of its intent to use the Premises for Active
Recreation,upon which notice the Grantee shall assign this Conservation
Restriction to an organization qualified to hold this Conservation Restriction for
active recreation purposes pursuant to Paragraph VII.
b. Provided the above enumerated conditions have been met,the Premises may be used
for Active Recreation defined as team or school sports,which may include the
following activities in addition to those described in Paragraph III.B.1-III.B.17,
{00211231;v1} 9
7659411v1
excluding Paragraph III.B.5:
l. Parking Area.The enlargement of the existing parking area
to accommodate: III ':. L.. Id III,t
o t ... � m". [C:o:m:m:ented:[EE18]:
2. Swlmm mg Pool.The construction,use,maintenance,repair,and replacement Commented[EE19R18]:Needs specification
of an outdoor swimming pool;
Commented[CK20R18]:Check with Melissa Battite and
3. Hard-Surfaced Courts.The construction,use,maintenance,repair,and Karen Mullins
replacement of a hard-surfaced playing court area for athletic uses,such as,but
not limited to,basketball,pickleball,or tennis;
4. Ballfields.The construction,use,maintenance,repair,and replacement of
athletic fields,such as soccer,baseball,football,or other fields requiring
grading and the installation of sod,but not including the installation of artificial
turf,grass,or any other artificial surface material;
5. Other minor improvements in connection with said use,such as landscaping
improvements,installation of park features(e.g.,trash receptacles,water
fountains,etc).
D. Governmental Permits
The exercise of any right reserved by Grantor under Paragraph III.B shall be in compliance with
the following: (a) then current building, zoning, land use, planning and conservation bylaws,
ordinances and regulations applicable to the Premises; (b) any variances or special permits
applicable to the Premises;(c)the Wetlands Protection Act(Chapter 131,Section 40 of the General
Laws of Massachusetts,as amended)and(d)all other applicable federal,state and local laws,rules,
regulations, and permits. The inclusion of any reserved right requiring a permit from a public
agency means only that the Grantor may have a right to request a permit;it does not mean that the
Grantee or the Commonwealth of Massachusetts takes any position on whether such permit should
be issued.
E. Notice and Approval
Whenever notice to or approval by Grantee is required under the provisions of Paragraphs III.A or
III.B,Grantor shall notify Grantee in writing not less than thirty(30)days prior to the date Grantor
intends to undertake the activity in question. The notice shall describe the nature, scope, design,
location, timetable and any other material aspect of the proposed activity in sufficient detail to
permit the Grantee to make an informed judgment as to its consistency with the purposes of this
Conservation Restriction.Where Grantee's approval is required,the Grantee shall grant or withhold
approval in writing within thirty(30)days of receipt of Grantor's request.Grantee's approval shall
not be unreasonably withheld,but shall be granted only upon a showing that the proposed activity
will not materially impair the purposes of this Conservation Restriction. Failure of Grantee to
respond in writing with a collective response within 30 days shall be deemed to constitute approval
by Grantee of the request as submitted,so long as the request sets forth the provisions of this section
relating to deemed approval after 30 days in the notice, the requested activity is not prohibited
herein, and the activity will not impair the conservation values or purposes of this Conservation
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7659411v1
Restriction.In cases of emergency,the 30-day approval period may be waived by the Grantee.
IV. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief
The rights hereby granted shall include the right to enforce this Conservation Restriction by
appropriate legal proceedings and to obtain injunctive and other equitable relief against any
violations, including, without limitation, relief requiring restoration of the Premises to their
condition prior to the time of the injury complained of(it being agreed that the Grantee will have
no adequate remedy at law).The rights hereby granted shall be in addition to,and not in limitation
of,any other rights and remedies available to the Grantee for the enforcement of this Conservation
Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal
means in resolving issues concerning violations provided Grantor ceases objectionable actions and
Grantee determines there is no ongoing diminution of the conservation values of the Conservation
Restriction.
To the extent permitted by law,Grantor covenants and agrees to reimburse to Grantee all reasonable
costs and expenses(including reasonable counsel fees)incurred in good faith enforcement of this
Conservation Restriction or in taking reasonable measures to remedy,abate or correct any violation
thereof,provided,however,that Grantor shall not be obligated to reimburse Grantee for costs and
expenses related to any such enforcement that Grantor successfully challenges as evidenced by a
final,unappealed determination of a court of competent jurisdiction.
Grantor shall provide Grantee at the time this Conservation Restriction is approved the amount of
Five Thousand Dollars($5,000.00)to help fund monitoring and enforcement actions by Grantee.
B. Non-Waiver
Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee.Any
election by the Grantee as to the manner and timing of its right to enforce this Conservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a
waiver of such rights.
C. Disclaimer of Liability
By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or
obligation relating to the condition of the Premises pertaining to compliance with and including,
but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not
caused by the Grantee or its agents.
D. Acts Beyond the Grantor's Control
Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring
100211231;v1} 11
7659411v1
any actions against the Grantor for any injury to or change in the Premises resulting from causes
beyond the Grantor's control,including but not limited to fire,flood, storm and earth movement,
or from any prudent action taken by the Grantor under emergency conditions to prevent,abate,or
mitigate significant injury to the Premises resulting from such causes.
V. ACCESS
A. Access by the Grantee
The Grantor hereby grants to the Grantee,or its duly authorized agents or representatives,the right
to enter the Premises upon reasonable notice and at reasonable times,for the purpose of inspecting
the Premises to determine compliance with or to enforce this Conservation Restriction.The Grantor
also grants to the Grantee,after notice of a violation and failure of the Grantor to cure said violation,
the right to enter the Premises for the purpose of taking any and all actions with respect to the
Premises as may be reasonably necessary or appropriate to remedy or abate any violation hereof.
B. Access by the Public
The Grantor and the Grantee agree that the Grantor shall have the right to permit the general public
access to the Premises for biking,walking,hiking,horseback riding,cross-country skiing and other
non-motorized outdoor recreational activities on the established trails on the Premises, except
during certain limited times of the year when such access would interfere with agricultural activities
being conducted on the Premises, in which case limited public access must be posted on the
Premises,including the dates during which such limitations or access prohibitions are in effect. To
the extent permitted by law, the Grantee hereby expressly disclaims any duty to maintain the
Premises or warn persons who may enter upon the same. Pursuant to Chapter 21, Section 17c of
the General Laws of Massachusetts, as amended,neither the Grantor nor the Grantee is liable to
any member of the public for injuries to person or property sustained by such person while on the
Premises in the absence of willful,wanton,or reckless conduct.
VI. EXTINGUISHMENT
A. Consistent with state law
The restriction may be released,in whole or in part,by the holder for consideration,if any,as the holder
may determine,in the same manner as the holder may dispose of land or other interests in land,but only
after a public hearing upon reasonable public notice,by the governmental body holding the restriction or if
held by a charitable corporation or trust,by the mayor,or in cities having a city manager the city manager,
the city council of the city or the selectmen of the town,whose approval shall be required,and in case of a
restriction requiring approval by the secretary of environmental affairs, the Massachusetts historical
commission,the director of the division of water supply protection of the department of conservation and
recreation, the commissioner of food and agriculture, or the director of housing and community
development,only with like approval of the release.
B. The Grantee's Property Right in the Conservation Restriction;Value
100211231;v1} 12
7659411v1
Grantor and Grantee agree that the conveyance of this Conservation Restriction gives rise to a real
property right,immediately vested in the Grantee,for the purpose of enforcing this Conservation
Restriction, but does not entitle Grantee, upon extinguishment, release, or termination, to any
proceeds received by the Grantor from the subsequent sale,exchange or involuntary conversion of
the Premises.Any proceeds that result from any such extinguishment,release,or termination will
be distributed only after complying with the terms of any gift,grant,or other funding requirements.
C. Grantee's Right to Recover Value of its Property Right
If any change in conditions ever gives rise to extinguishment or other release of the Conservation
Restriction under applicable law, then Grantee, on a subsequent sale, exchange, �or involuntary
conversion of the Premises,shall be entitled to a portion of the proceeds equal to the proportionate Commented[EE21]:see question above as to value of
value set forth in Paragraph VI.B. All reasonable and directly-related expenses incurred by the property for CLC
Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining
proceeds shall be distributed between the Grantor and Grantee in such proportionate value,subject,
however to the requirements of any gift,grant,or funding program or applicable law,including the
Community Preservation Act,which expressly provides for a different disposition of the proceeds.
D. Cooperation Regarding Public Action
Whenever all or any part of the Premises or any interest therein is taken by the state or federal
government by public authority under power of eminent domain,then the Grantor and the Grantee Commented[EE22]:
shall cooperate in recovering the full value of all direct and consequential damages resulting from Commented[EE23R22]:What is CLCs duty here? I'm
such action.All related expenses incurred by the Grantor and the Grantee shall first be paid out of concerned about potential investment of CLC funds.
--------------------------------------------------------
any recovered proceeds,and the remaining proceeds shall be distributed between the Grantor and
Grantee in shares equal to the proportionate value set forth in Paragraph VI.B. All related expenses
incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds,and the
remaining proceeds shall be distributed between the Grantor and Grantee in such proportionate
value, subject, however to the requirements of any gift, grant, or funding program or applicable
law, including the Community Preservation Act, which expressly provides for a different
disposition of the proceeds. Commented[CK24]:Deleted per Town Counsel J Platt
1/23/23
VII. ASSIGNABILITY
The benefits of this Conservation Restriction shall run to the Grantee, shall be in gross and shall
not be assignable by the Grantee, except in the following instances: As a condition of any
assignment,the Grantee shall require that the purpose of this Conservation Restriction continues to
be carried out; and the Assignee, at the time of the assignment, is a"Qualified Organization" as
defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and applicable
regulations thereunder, land is a donee eligible to receive this Conservation Restriction under W commented[EE25]:i
Section 32 of Chapter 184 of the Massachusetts General Laws.An assignment will comply with
p y g h y `, Commented[EE26R25]:is this a typo? What is donee
Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if �.,�����������
Commented[CK27R25]:Donee means the receiver of a
applicable.
donation;the recipient.
VIII. SUBSEQUENT TRANSFERS
{00211231,v1} 13
7659411v1
The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any
deed or other legal instrument by which it divests itself of any interest in all or a portion of the
Premises,including a leasehold interest,and to notify the Grantee within twenty(20)days of such
transfer. Failure to do so shall not impair the validity or enforceability of this Conservation
Restriction.Any transfer will comply with Article 97 of the Amendments to the Constitution of the
Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations
occurring after his or her ownership. Liability for any acts or omissions occurring prior to any
transfer and liability for any transfer if in violation of this Conservation Restriction shall survive
the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of
violations caused by prior owner(s)and may be held responsible for any continuing violations.
IX. ESTOPPEL CERTIFICATES
Upon a reasonable request by the Grantor,the Grantee shall,within thirty(30)days, execute and
deliver to the Grantor any document,including an estoppel certificate,which certifies the Grantor's
compliance with any obligation of the Grantor contained in this Conservation Restriction or
otherwise evidences the status of this Conservation Restriction.
X. AMENDMENT
If circumstances arise under which an amendment to or modification of this Conservation
Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation
Restriction;provided that no amendment shall be allowed that will affect the qualification of this
Conservation Restriction or the status of Grantee under any applicable laws, including Section
170(h)of the Internal Revenue Code of 1986,as amended,or Sections 31-33 of Chapter 184 of the
General Laws of Massachusetts.Any amendments to this Conservation Restriction shall occur only
in exceptional circumstances. The Grantee will consider amendments only to correct an error or
oversight,to clarify an ambiguity,or where there is a net gain in conservation value.All expenses
of all parties in considering and/or implementing an amendment shall be borne by the persons or
entity seeking the amendment. Any amendment shall be consistent with the purposes of this
Conservation Restriction,shall not affect its perpetual duration,shall be approved by the Secretary
of Energy and Environmental Affairs and,if applicable,shall comply with the provisions of Article
97 of the Amendments to the Constitution of the Commonwealth of Massachusetts,and any gifts,
grants or funding requirements.Any amendment shall be recorded in the Middlesex South District
Registry of Deeds.
XI. NON-MERGER
The parties intend that any future acquisition of the Premises shall not result in a merger of the
Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee
agrees that it will not take title to, any part of the Premises without having first assigned this
Conservation Restriction to a non-fee owner that is qualified under Section 170(h)of the Internal
Revenue Code of 1986,as amended,and applicable regulations thereunder and is eligible to receive
this Conservation Restriction under Section 32 of Chapter 184 of the General Laws of
100211231,v1} 14
7659411v1
Massachusetts in order to ensure that merger does not occur and that this Conservation Restriction
continues to be enforceable by a non-fee owner.
XII. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantee have executed
it,the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General
Laws have been obtained, and it has been recorded in the Middlesex South District Registry of
Deeds.The Grantee shall record this instrument in a timely manner in said Registry of Deeds.
XIII. NOTICES
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
mail,postage pre-paid,addressed as follows:
To Grantor: Town of Lexington
1625 Massachusetts Avenue
Lexington,MA 02420
Attention:Town Manager
To Grantee: Citizens for Lexington Conservation
PO Box 292,Lexington MA 02420-0003
or to such other address as any of the above parties shall designate from time to time by written
notice to the other or that is reasonably ascertainable by the parties.
XIV. GENERAL PROVISIONS
A. Controlling Law
The interpretation and performance of this Conservation Restriction shall be governed by the laws
of the Commonwealth of Massachusetts.
B. Liberal Construction
Any general rule of construction to the contrary notwithstanding,this Conservation Restriction shall
be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction
and the policy and purposes of Sections 31-33 of Chapter 184 of the Massachusetts General Laws.
If any provision in this instrument is found to be ambiguous,any interpretation consistent with the
purpose of this Conservation Restriction that would render the provision valid shall be favored over
any interpretation that would render it invalid.
C. Severability
If any provision of this Conservation Restriction or the application thereof to any person or
100211231;v1} 15
7659411v1
circumstance is found to be invalid,the remainder of the provision of this Conservation Restriction
shall not be affected thereby.
D. Entire Agreement
This instrument sets forth the entire agreement of the parties with respect to this Conservation
Restriction and supersedes all prior discussions, negotiations, understandings or agreements
relating to the Conservation Restriction,all of which are merged herein.
E. Pre-existing Public Rights
Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the
Massachusetts General Laws by any municipal officials and by the Secretary of Energy and
Environmental Affairs is not to be construed as representing the existence or non-existence of any
pre-existing rights of the public,if any,in and to the Premises,and any such pre-existing rights of
the public,if any,are not affected by the granting of this Conservation Restriction.
F. Running of the Burden
The burden of this Conservation Restriction shall run with the Premises in perpetuity,and shall be
enforceable against the Grantor and the successors and assigns of the Grantor holding any interest
in the Premises.
G. Execution of Instruments
The Grantee is authorized to record or file any notices or instruments appropriate to assuring the
perpetual enforceability of this Conservation Restriction. Without limiting the foregoing,the
Grantor and the Grantor's successors and assigns agree to execute any such instruments upon
request.
H. The Grantor attests that there is no mortgage,promissory note,loan,lien,equity credit
line,refinance assignment of mortgage,lease,financing statement or any other agreement which
gives rise to a surety interest affecting the Premises.
I. Baseline Documentation
In order to establish the present condition of the Premises and the conservation values thereon that
are protected by this Conservation Restriction,so as to enable the Grantee to monitor future uses :o:m:m:ented[EE2s]:
of the Premises and to assure compliance with the terms hereof,Grantee has prepared an ' Commented[EE29R28]:CLC requests that the Town hire
inventory of the relevant features and conditions of the Premises(the"Baseline Documentation an appropriate agent or group to prepare the baseline
Report"or"BDR")I,and Grantor and Grantee agree that the same is an accurate representation of document and pay for the production of the document
the condition of the Premises as of the date of the execution of this Conservation Restriction.The Commented[CK30R28]:Ask Karen if this was done in
BDR also includes an aerial photograph showing conditions of the property in 2012,the year the 2013 or 2014,and who we can hire to do this,if it wasn't
done or done incomplete,or needs to be updated.
100211231;v1} 16
7659411v1
Town acquired the property.Verified originals of the Baseline Documentation Report will be
deposited with the Grantor and in the permanent records of the Grantee. If the originals of said
Baseline Documentation Report are subsequently destroyed by casualty or other circumstance,
other evidence may be offered by the parties to establish the condition of the Premises as of the
date of this Conservation Restriction.
J. No documentary stamps are required hereon because the Grantor is a municipality.
K. Attached hereto and incorporated herein by reference are the following:
Signaturepages:
Grantor(includes Board of Selectmen approval)
Grantee Acceptance
Approval of the Secretary of Energy and Environmental Affairs.
Exhibits:
Exhibit A:Reduced Copy of Plan of the Premises
Exhibit B: Structures Plan
Exhibit C:Town Vote Authorizing Use of CPA Funds
100211231;v1} 17
7659411v1
IN WITNESS WHEREOF,the said Town of Lexington acting by and through its Board of
Selectmen,in compliance with Chapter 44B of the General Laws of Massachusetts,as amended
and the Town Meeting vote,an attested copy of which attached hereto as Exhibit C,at a public
meeting duly held on ,2023,voted to approve in the public interest and grant
the foregoing Conservation Restriction to Citizens for Lexington Conservation,pursuant to
Section 32 of Chapter 184 of the Massachusetts General Laws.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Joseph N.Pato,Chair
Suzanne E.Barry
Douglas M.Lucente
Jill I.Hai
Mark D.Sandeen
COMMONWEALTH OF MASSACHUSETTS
Middlesex,ss:
On this day of ,2023,before me,the undersigned notary public,
personally appeared ,
as
Selectmen of the Town of Lexington,proved to me through satisfactory evidence of identification
which was❑government-issued document bearing the signer's photographic image and signature
❑my personal knowledge of the principal's identity,to be the persons whose names are signed on
the preceding document,and acknowledged to me that they signed it voluntarily for its stated
purpose.
Notary Public
My Commission Expires:
100211231;v1} 18
7659411v1
ACCEPTANCE OF GRANT BY
CITIZENS FOR LEXINGTON CONSERVATION
The above Conservation Restriction from the Town of Lexington acting by and through its Board
of Selectmen is accepted by the CITIZENS FOR LEXINGTON CONSERVATION as of this
day of ,2023.
By:
Name: Eileen Entin
President
Hereunto duly authorized
On this day of ,2023,before me,the undersigned notary public,
personally appeared Eileen Entin,of Citizens for Lexington Conservation,proved to me through
satisfactory evidence of identification which was❑government-issued document bearing the
signer's photographic image and signature❑my personal knowledge of the principal's identity,to
be the person whose name is signed on the preceding document,and acknowledged to me that
she/he signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires:
100211231;v1} 19
7659411v1
APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned,Secretary of Energy and Environmental Affairs of the Commonwealth of
Massachusetts,hereby certifies that the foregoing Conservation Restriction from the Town of
Lexington acting by and through its Board of Selectmen to the Citizens for Lexington
Conservation has been approved in the public interest pursuant to Massachusetts General Laws,
Chapter 184,Section 32.
Dated: 12023
Rebecca L.Tepper
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK,ss:
On this day of 2023, before me, the undersigned notary
public,personally appeared Rebecca L.Tepper,and proved to me through satisfactory evidence of
identification which was to be the person whose name is
signed on the proceeding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
Notary Public
My Commission Expires:
100211231;v1} 20
7659411v1
Exhibit A
Plan of Premises
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100211231;vI
7659411v1
Exhibit B
Plan of Existing Structures on Premises
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100211231;vI
7659411v1
Exhibit C
Town Meeting Approval Vote
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at the adjoin sessions ofteti20og special Town Meeting held on M&y 6_20093 the fo lowmg
motion was adopted vas Artkle 6.
ARTICLE G; LAIRD PURCHASE—OFF L.OWELL STET
MoTIOI : That: the Seiectmen by,oLlhorized to purchase or olheiwis
acquire,or to take by oornaln,for remLmbboh,andfor affordable housing,andlar
o ce cur uses and No,easement or other interest in all or any part of land
shcum a cots o A se rs Property MOP 0 Qn such twins and
#l'r to.6. �,� p--$4;: 7�0,.�.��;
i t�. fir'~ 1 e
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[declared adopted by more than the recessary two-thirds Grote.
A tzue copy.
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May L4,2009
100211231;vI
7659411v1
Town of Lexington, MA December 6, 2023
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�c� , Al Print map scale is approximate.
Critical layout or measurement
activities should not be done usin
this resource.
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Town of Lexington,MA makes no claims and no warranties,
expressed or implied,concerning the validity or accuracy of
the G IS data presented on this map.
Geometry updated on a daily basis
Data updated on a daily basis
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Work Session- Review Town Manager's 2023 Performance Evaluation
PRESENTER:TER• ITEM
S
NUMBER:
Board Discussion
I.2
SUMMARY:
Category: Informing
*Public comments will not be taken for this item as it is a work session topic.
The Select Board will review and discuss the Town Manager Performance Evaluation for the period of
October 1, 2022 - September 30, 2023.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/11/2023 7:05pm
ATTACHMENTS:
Description Type
F) 'Town IIa .alter Review rcx,edure, Policy 13ac;kup 11"at rial
Town of
Lexington
Town Manager Performance Review Policy
TOWN MANAGER NAME:
SELECT BOARD REVIEWER:
REVIEW PERIOD:
DATE:
POLICY AND PURPOSE:
The purpose of this evaluation instrument is to formally evaluate the Town Manager's
performance on an annual basis. The document allows the Select Board (Board) to assess
the Town Manager's performance in key competency areas and in the accomplishment of
goals. Through the evaluation procedure, Board members will recognize strengths, offer
positive feedback, and suggest any areas that require corrective action.
Individual performance evaluation forms prepared by members of the Board are
considered work product/personal documents, and shall not be publicly released. The only
document to be released will be an overview document, compiling the scores and
comments, prepared by the Executive Clerk to the Board.
2022 REVIEW PROCEDURE:
1. The period of evaluation is October 1, 2022 through September 30, 2023.
2. The Town Manager will submit a narrative self-evaluation including a report on goal
achievement. A copy of that self-evaluation/goal achievement and a blank evaluation form
will be distributed to each Board member.
3. Board members will individually complete their evaluation forms and provide them to the
Executive Clerk.
4. The Executive Clerk will compile the ratings from individual evaluation forms and develop a
document inclusive of all Board members comments (the "consolidated review"). In each of
the competency areas,the Executive Clerk will provide the total number of ratings in each
category(E, M, M/I, I &N/A).
5. Jill Hai and Joe Pato will conduct individual interviews with members of SMT and any other
direct reports of the Town Manager. Information gathered will reported to the Board.
Members may choose to leave questions regarding supervision in the individual evaluations
blank pending this report, if they choose.
6. The Executive Clerk will provide the Town Manager with the Consolidated Review at
least one week prior to the date at which the document will be publicly discussed.
7. The Consolidated Review will be released for discussion on a public agenda
8. In that public meeting, the Board will discuss the consolidated review and identify areas
where there were conflicting or ambiguous comments, including those of less than a
majority of members.The Board will discuss if these comments are reflective of the Board
as a whole. Comments which request a change in behavior or set a specific expectation will
be discussed for consensus.The Board will also discuss the 360 Report.Any member of the
Board may request adjustments or additions to the review based on the discussion and the
documents presented.
9. Following the public discussion, the Chair will edit the Consolidated Review to reflect the
Board consensus and discussion regarding the 360 Report and generate the Final
Review to be voted by the Board at a December meeting.
10. The Executive Clerk will give the Final Review to the Director of Human Resources, who will
place it in the Town Manager's personnel file
RATING METHODOLOGY& INSTRUCTIONS
This evaluation form contains ten categories of evaluation criteria. Each category contains
a statement to describe a behavior standard in that category. For each statement, use the
following scale to indicate your rating of the Town Manager's performance.
The Town Manager's work performance is consistently excellent
Excellent/Outstanding (E) When compared to the standards of the job.
Meets Expectations (M)
The Town Manager's work performance consistently meets the
standards of the position.
Meets Expectations but The Town Manager's work performance many times however
needs Improvement (M/1) not consistently meets the standards of the position.
Improvement Needed (I) The Town Manager's work performance does not consistently
meet the standards of the position.
Not familiar enough to be able to rate this aspect of the Town
No Knowledge (N/A) Manager's performance.
The evaluation form also contains a provision for entering narrative comments, including
an opportunity to enter responses to specific questions and an opportunity to list any
comments you believe appropriate and pertinent to the rating period. Please write legibly.
Return all pages of the evaluation form. Initial each page. Sign and date the cover page. On
the date space of the cover page, enter the date the evaluation form was submitted. All
evaluations presented prior to the deadline identified on the cover page will be
summarized into a performance evaluation to be presented by the Board to the Town
Manager as part of the agenda for the meeting indicated on the cover page.
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Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
NARRATIVE EVALUATION SECTION
1. What would you identify as the manager's strength(s), expressed in terms of the
principal results achieved during the rating period?
SB member 1
While the budget was more of a roller coaster than it needed to be with questions still
coming at Town Meeting,we still got it done.
SB member 2
The Town Manager, alongside the senior management team,has spearheaded several
pivotal initiatives. He has adeptly concluded numerous labor contracts and advanced
infrastructural projects like the Battle Green Streetscape Project and the new Police
Station project. Fiscally, under his leadership and with the collaboration of the Senior
Management Team,balanced budgets have been formulated, ensuring judicious use of
our Town's resources. He remains dedicated to keeping updated with the latest in local
government management and has notably increased his engagement with community
members during this review period.
SB Member 3
Fiscal management and acumen remain at a high level and are evidenced by another year
of balanced budgets without operating overrides. Mr. Malloy's facility with technical
elements of municipal law is impressive and helpful,both in planning and in action,
often during meetings. Many significant projects have progressed or completed during
this year,the ma j ority without disruption. Keeping a wide array of projects on track is a
commendable accomplishment.
SB Member 4
The Town Manager has implemented a fiscal policy that allocates new commercial
property tax revenue from PSDUP projects and new development in the Hartwell
Avenue commercial zone to the Capital Stabilization Fund with the goal of mitigating
taxpayer impact due to increased capital requirements of the new Police Station and
High School projects. This policy is working well and is on track to achieving its
obj ective.
The Town Manager and Town staff have done an excellent job managing the Town's
finances.
SB Member 5
Fiscal planning remains the Town Manager's strongest achievement. We remain on track
to set aside substantial funding in the Capital Stabilization Fund for the upcoming high
school project as well as keeping a stream of revenue set aside to reduce the magnitude
of debt-exclusion burden on property taxes.
The Manager has proactively established regular reporting on debt-service planning for
the high school project to town meeting so that fiscal impact surprises will be
minimized.
The Board identified public engagement as a growth area last year and the Town
Manager has actively pursued increasing interaction with the public instituting quarterly
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
"Java with Jim" sessions that have been well received.
The Manager also has a genuine interest in municipal governance—he keeps abreast of
regional and national trends and seeks to innovate in Lexington.
I commend Mr. Malloy on the achievements enumerated in his self-evaluation and on his
recognition of the collaborative staff effort needed to accomplish these goals.
2. What performance area(s)would you identify as most critical for improvement?
SB member 1
There are still concerns surrounding composure, attention to detail and timely follow
through.
Actively valuing all of the staff and the volunteers in the community.
Would like to see greater involvement in/at Community events, it was there when first
came but has dropped off.
At times has difficulty hearing questions or feedback on an item has been working on so
feels like we have to approve it without including feedback from the Board or the
Community
SB member 2
The Town Manager has made notable progress in enhancing collaboration and
communication. However,there's an opportunity for him to engage more consistently
with issues that resonate with our residents. It's essential for the Town Manager to
continue fostering a culture of teamwork and clear communication within the town staff.
By proactively identifying and addressing areas for improvement,he can further align
his leadership with Lexington's core values and the community's expectations.
SB Member 3
- Continuing emphasis on and improvement in communication-to the public, with the
board and between the staff and board.
-Ensuring thorough and careful preparation of staff and materials
SB Member 4
Residents consistently remark on their desire for online delivery of services and
enhanced two-way communication between residents and the Town staff. There has been
little progress in implementing online,two-way communication systems that would
enhance delivery of services. The Town Manager should implement this long standing
Select Board priority goal.
Residents and committee members routinely express frustration about the difficulty of
finding and accessing important information about the Town's performance on
delivering services and progress on strategic initiatives. While there have been some
minor improvements in the new town website, it is still difficult to search and often does
not contain the information requested. Town staff have mentioned that they have been
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
sub.ect to numerous freedom of information requests that have consumed significant
amounts of staff time, from residents who are frustrated that they cannot find the
information they are looking for on the town website. There is more improvement
needed in this area.
The Town Manager continues to propose controversial initiatives before the promised
public process has been completed or before developing a consensus among the
stakeholders on the best path forward. At times the Board and staff have been surprised
by these proposals.
In the past year,the Select Board has received numerous comments from residents
concerned about the Town's enforcement of Town bylaws regarding noise,trees, and
gas-powered leaf blowers. Residents have commented that this perceived lack of
enforcement of Town bylaws has eroded their trust and confidence in their local
government.
In the past year,the Select Board received numerous comments from residents
concerned about the lack of notice they had received regarding critical decisions
regarding the Police Station solar project. The Select Board restarted the design review
process after sufficient notice had been provided to appropriate community members to
address those concerns. This resulted in significant extra effort for Town staff,the design
team,the Historic District Commission and other important stakeholders
SB Member 5
The performance areas identified by the Board in the Town Manager's previous review
remain issues—but there appear to be improvements in many of the areas identified.
Examples of areas where visible improvements are appreciated include:
• ARPA funding process—a source of frustration during the past year this process
has become more predictable and organized with Board concerns identified for
staff who prepare proposals.
• Improved communication with the Board and decreased unnecessary conflict.
• More direct interaction with the public and with departmental staff.
Continued and deeper attention to the items noted last year will contribute to improving
general performance and employee satisfaction.
3. What constructive suggestions or assistance can you offer the manager to enhance
performance?
SB member 1
Still needs attention to body language when situations get difficult. These are not winner
takes all situations. Need to be able to work towards collaboration at all times and
remember we are working towards what is best for the entire community not any
individual or group.Need to balance all things, all the time.
SB member 2
For the Town Manager to further enhance his performance, it's recommended that he
maintains regular feedback sessions with the Select Board members and department
heads. These interactions have historically offered valuable insights and promoted a
collaborative approach to decision-making. Adopting software or tools that facilitate
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
two-way communication can further strengthen the bridge between the office and the
community. Moreover, consistently dedicating time for open forums with residents will
ensure that their concerns are deeply understood, guiding decisions more aligned with
community needs.
SB Member 3
Continuing to find ways to help staff feel and be prepared for public presentations or
board deliberations. With five years' experience,the likely areas of inquiry from the
board on presentations are predictable and staff should have been prepared for those.
There has been a noticeable increase in the effort to communicate issues to the board and
that is greatly appreciated. Continuing or enhancing this practice will be useful.
As was noted in the last review, continue to work to ensure appropriate community
notice or engagement is followed on projects.
SB Member 4
The Town Manager would benefit from developing a more collaborative and
consultative relationship with the Board. This should include proactively reaching out to
Select Board members to discuss strategic initiatives. The Town Manager only
occasionally allows Town staff to interact with Select Board members to discuss
strategic initiatives. When allowed, these discussions have been quite helpful. Allowing
more staff/Board discussions should be encouraged.
The Town Manager would benefit by establishing a similarly consultative and
collaborative working relationship between staff and other Town boards and committees,
with the goal of maintaining strong professional relationships while reaching consensus
and alignment on strategic initiatives.
When facing complex financial decisions,the Select Board would benefit from a high-
level summary of the material positives and negatives of each option with a clear
summary of the recommended option from the Town Manager.
The new Lexington High School will likely be the largest capital investment the Town
has undertaken in over 60 years. The planning for the new high school must involve all
stakeholders in a highly transparent process, incorporating the Town's values of fiscal
responsibility, sustainability, diversity, equity, and inclusion to ensure maximum
credibility and trust in the Town's leadership.
The high school project will have a dramatic impact on almost every department.
Each department's plans and goals should reflect that level of importance.
The Town Manager should develop a consistent evaluation process across all
departments that considers total life cycle cost and benefits of each option after
considering how they impact the Town's goals including diversity, equity,health,
sustainability and resilience. This is especially critical in light of the impact of the
decisions regarding the new High School project will have on the Town's finances for
the next 30 years.
SB Member 5
The manager should continue and expand the use of the Board—as individuals and as a
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
group—as a sounding board for issues as they arise. The manager appropriately acts on
the will of the Board as expressed in open meetings and does not act on the whims of
individual members. He should, however, feel free to also tap into the local community
knowledge and insight of individual members.
4. What other comments do you have for the manager; e.g.,priorities, expectations, goals or
objectives for the new rating period?
SB member 1
Need focus on 250th planning and LHS Project as well as all the regular day to day
items.
Can you delegate more to others and not always to the same person?
SB member 2
Community Engagement: The Town Manager should consistently foster transparent
dialogue with Lexington residents, ensuring their involvement in town governance and
key decision-making processes. Infrastructure Development: It remains imperative for
the Town Manager to prioritize the enhancement and maintenance of essential town
infrastructure,most notably the High School Project. Economic Development: Under
the Town Manager's direction,we should continue to attract new businesses, and attract
projects that stimulate the local economy, and tourism all the while maintaining
Lexington's historical and cultural integrity. Fiscal Oversight: Continued fiscal
management, including the creation of balanced budgets, avoiding operating overrides,
exploration of grant opportunities, and prudent resource allocation,will be essential.
Staff Development: The Town Manager should facilitate continuous professional
development for town employees, ensuring a harmonious working environment. An
emphasis on staff succession planning is important. Technological Advancement: The
Town Manager should actively pursue technological integrations to modernize town
operations and enhance service delivery to residents. Inter-Town Collaboration: Town
Manager should foster collaborations with neighboring municipalities, especially in the
context of shared initiatives such as the 250th celebration.
SB Member 3
to be discussed by the board
SB Member 4
The Select Board, Town Meeting, and residents have made it clear that they have high
expectations that the Town of Lexington will actively and rapidly move forward with
diversity, equity, inclusion, systemic racism, sustainability and resilience initiatives and
that these issues will be consistently considered at the senior management level.
The Town Manager should establish a culture that institutionalizes the consideration of
diversity, equity, inclusion, disabilities,health, systemic racism, sustainability and
resilience in all decisions and planning processes,making this a high priority for the
senior management team. All Town departments should regularly report to the Select
Board on their progress towards achieving the Town's diversity, equity, inclusion,
systemic racism, disability, sustainability and resilience goals for the broader town wide
community.
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
The Town Manager has informed the Select Board that the Chief Equity Officer and the
Sustainability and Resilience Officer are working on developing strategies and processes
that would encourage the Town's senior management team to consider diversity, equity,
inclusion, systemic racism, sustainability and resilience initiatives in all decisions and
planning processes. It will be important for the Town Manager to prioritize the
implementation of this long-desired process.
The Town Manager created a Chief Equity Officer position at the Board's request. The
Select Board has requested that the goals and objectives for the Chief Equity Officer be
broadened beyond internal staffing goals,to focus more on town wide initiatives for
achieving the community's goals for diversity, equity and inclusion.
SB Member 5
to be discussed by the board
5. Unplanned Actions/Achievements
SB member 1
No comments submitted
SB member 2
No comments submitted
SB Member 3
No comments submitted
SB Member 4
The Town Manager and staff successfully conducted a community wide participatory
budgeting process for the appropriation of some of the ARPA funds at the Select Board's
request. There was wide engagement from the community in this process. Town
Manager and staff efforts to implement this process are much appreciated.
The Center Streetscape project has been completed with community wide appreciation
and thanks for a job well done on that major effort.
The Battle Green Streetscape project is making good progress and conducted an
exemplary stakeholder engagement process regarding the proposed roundabout, street
lighting, accessibility and many other important issues.
SB Member 5
No comments submitted
6. Learning and Development Plans
SB member 1
Would like to understand more what is done for professional development...have asked
this before
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
Working Draft -Town Manager Performance Evaluation Narrative Section
Notes for discussion at November 27, 2023 Meeting
SB member 2
No comments submitted
SB Member 3
To be determined after board discussion
SB Member 4
The Town Manager has recently published some initial demographic data in response to
the recommendations from the Anderson-Krieger review of Police Department policies.
There will be a learning and development opportunity as the Town reviews this data to
determine how to incorporate the enhanced understanding this data provides into the
Department's policies, goals, and objectives
SB Member 5
No comments submitted
Town Manager Name:James Malloy
Review Period 10/1/22—9/30/23 Working Draft as of November 19, 2023
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Work Session- Discuss Proposed Updates to Noise Bylaw
PRESENTER:TER• ITEM
S
NUMBER:
Joe Pato, Select Board Chair
I.3
SUMMARY:
Category: Informing
*Public comments will not be taken for this item as it is a work session topic.
Attached please find the draft Article and a redline of the current Noise Bylaw proposed for the 2024 Annual
Town Meeting that Joe Pato, Select Board Chair discussed at the last Select Board meeting for discussion and
to see if there is a consensus to include this article on the 2024 Annual Town Meeting warrant.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/11/2023 7:35pm
ATTACHMENTS:
Description Type
ARTICLE XX AMEND GENERAL BYLAW-NOISE CONTROL
To see if the Town will vote to amend or replace the Noise Control Bylaw, Chapter 80 of the Code of the
Town of Lexington to effect the following changes:
a. Provide clarity related to construction-related noise complaints the Town has received:
• Clarify that ledge work includes a broad set of techniques including blast hole drilling and
that all techniques are allowed only during hours allowed for previously defined ledge work
• Clearly identify legal holidays in MA during which construction noise is limited
• Stipulate that noise mitigation plans must be prepared by a credentialed noise mitigation
consultant and provide conditions under which the Building Commissioner is authorized to
require a noise mitigation plan on any project
• Allow the Building Commissioner to require noise monitoring and reporting as part of a noise
mitigation plan and identify required elements of the mitigation plan.
• Increase penalties
• Consolidate enforcement
b. Delay the implementation of the gas-powered leaf blower prohibition for commercial landscapers
by one year to March 15,2026. § 80-4H(6)
or act in any other manner in relation thereto.
(Inserted by the Select Board)
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 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 take necessary
precautions cause,suffer,allow,or permit excessive or unwarranted noise.
B. This by-law 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.
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.Definitions.
When used in this by-law,the following definitions shall apply:
...
BROADBAND NOISE Any sound that contains a broad range of tonal sounds.
COMMERCIAL LANDSCAPER A person or entity that receives compensation to utilize landscape
maintenance equipment on another's property.[Added 11-8-2021 STM by Art.101
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.
EXCESSIVE OR UNWARRANTED NOISE Any noise that disturbs a reasonably prudent person or 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.101
MOTOR VEHICLE Any vehicle which is propelled or drawn on land by a motor,such as,but not limited
to,passenger cars,trucks,truck-trailers,semitrailers,campers,tractors,go-carts,snowmobiles,all-terrain
vehicles,motorized scooters,racing vehicles,or motorcycles.
NOISE INJURY The condition resulting from any sound that:
A. Could cause,or allow to cause injury to the health of humans;
B. Endangers or injures personal or real property;or
C. Exceeds the applicable maximum permissible noise levels,Air Force Standard AFOSHSTD 48-19,
"Hazardous Noise Program,"dated 31 March 1994.
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(ANSI)standards.
NOISE POLLUTION The condition resulting when:a broadband sound source raises the noise level by 10
or more dBA above the ambient noise;or a tonal sound source raises its octave band noise level by three
decibels or more above the adjacent octave band levels.These threshold levels are identical to those in the
Massachusetts Division of Air Quality Control(DAQC)Policy 90-001(2001).
PERCUSSIVE 1�1 6',K 1 4 m m iu y'� D IT,r,r\rt Is the breaking of rock, bedrock or ledge by
repeated blows of a heavy bit or a chisel inside a casing pipe controlled by heavy equipment.
TONAL SOUND Any sound that has the characteristics of a pure tone,whine,hum or buzz.
§80-4.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.271
(i) Contractors are permitted to operate tools or equipment used in construction, inelffiEling
92�09dillg b148 bole drilling or breaking, in a manner such that this
operation creates noise across a real property boundary that would disturb a reasonably prudent
person only 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.m.and 5:00 p.m. Such operation is not permitted on Sundays and
legal holidays reconiZO by the onimo nth of Massachusetts.
(ii) Residents are permitted to operate tools or equipment used in construction, excluding.
blast mole drilling or tttjt V..-F.vr ock brea](ing on their own property,in a manner such that
this operation creates noise across a real property boundary that would disturb a reasonably
prudent person only on weekdays between the hours of 7:00 a.m. and 9:00 p.m. and on
Saturdays,Sundays and legal holidays r c qgn!zed by jh g!nrn om ealth of"Massachusetts only
between the hours of 9:00 a.m.and 5:00 p.m.
Tom,,,,A4;n 4-- —n�.�z,�r�r Blasting and the use of powered equipment used in roch
including but not limited to hydraulic or pneumatic
hammers, is permitted 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 holidaysrggggn!zed
by ffig Corninonwealtb of Massachusetts,....Contractors and residents i. mIlEed to comply t
13 Legal 1l:oji cco Dined by ig Cgrrnnonwcalth. The following 19 1 boli jg!g!2gijzed by flic
...Commonwealth. o ...Massacbusetts shall bc....applicable o the pu pg c 9f N8 byj
New ear' N
Martin Luther King F)qy
Washington's Birthday
Patriot's Day
Memorial Day
Indppendencc Day
Labor... a
Columbus Day
....Veteran's Da
Than sgiving I ,a
.: ;..Christmas.. ............. .: --- Commented[JP1]:Changes in this section clarify that the
full range of rock breaking(including blast hole drilling)is
-,'. Commercial trash collection. The operation of commercial trash compactors or collection of trash, allowed only during limited times of day and that holidays
rubbish,refuse or debris,which generates excessive or unwarranted noise at any point of public or are clearly enumerated.
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.
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 permit excessive
or unwarranted noise.
Fixed plant equipment.Excessive or unwarranted 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.
F453 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 alarm.If,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.
G 11,, 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
motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes
is prohibited.
® [Amended 11-8-2021 STM by Art.101
(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
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.
4O Landscape construction work shall y§804A rather than this 80-
.........:.
(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, 242-520�2. , the use of all gas-powered leaf blowers by commercial
landscapers in the Town of Lexington shall be prohibited.[ ,-- Commented[JP2]:This change delays implementation of
the commercial gas-powered leaf blower ban by one year
(7) Effective March 15,2026,the use of all gas-powered leaf blowers by residents on their own (section b'of the warrant article)
property in the Town of Lexington shall be prohibited.
(8) The use of wheeled leaf blowers powered by four-stroke engines on properties larger than one
acre is not subject to the prohibitions in Subsection 1(6)and(7).[ ,- Commented[JP3]:Changes in this section are limited to
numbering and internal section references.
§80-5.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 permits 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 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 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.
§80-6.Measurement of excessive or unwarranted noise.
A. A determination that excessive or unwarranted noise is caused by a given noise source will be made
in accordance with the definition of"noise level"in§80-3.
B. To determine if there is a noise violation on private property,the noise measurements shall be made
at the boundary of the abuttj g property in-froni which the offending sound source is located. To
determine if there is a noise violation in public spaces,the noise measurements shall be made at any
location a passerby might lawfully occupy. ,-- Commented[JP4]:Clarification of where noise
measurements are taken for enforcement
§80-7.Enforcement and penalties.
A. The Police,Fire,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$ 101 per first violation,$4W20101 for the
second violation,and$ 101for 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 permit it to continue.Each day that such violation
continues shall be considered a separate offense. [Amended 11-8-2021 STM by Art.10] ,- Commented[JP5]:Increases in fines
§80-8.Noise mitigation plan for construction.[Added 10-21-2020 STM by Art.31
(i) A noise mitigation plan prgpg1gd by.. ,!rgdcntialed noise mitigAlion consultantshall 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 breaking,
rock pounding, rock crushing, rock drilling or rock cutting (collectively defined as "ledge
work");and
M b Ledge work activities are anticipated to take place on more than seven days over the course of
the project-.,and
N(,',,)Any dialect b4sw on the spggi i conditions of the prqjgg1 ii11 i upgp lui determination of the
Bgflding...Commissioner h41l iggpire a bolas mitig4liiiin:. 14g.,
(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 barriers by at least 10 dB(A),surrounding and
installed as close as practicable to the source of the noise he noise mitigt;tio n 1214m2!n4y ENgire,.... 1
the dis(,,,retion o the Building ..midi ione EmWingise i monito in gnd Egpg[jing ig the igilhin
Commissioner, These barriers must 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. ' he Rca hi111 include �Jt �imi� � ���� �� the ��t �cis�hii�� � � the � tm ii1� �� n rb
residents on ail l sides The site p1qn I[i.fl also show the location of ledgg tii Iii removed nd the
.i iit ciii cif is h iitti i:i mt mi °.i t: ii g g liiimt nt :nd i riii g cifimili imi i t
(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 and a penalty
of$50 per day may be assessed in accordance with provisions of§80-7 for any days that ledge work
took place without a plan,or not in accordance with a submitted plan.
(v) In addition to the general enforcement provisions of Chapter 80, the Building Department in
conjunction with the Public Health Department shall have the power to enforce this section. _- Commented[JP6]:Changes in this section to clarify
aspects of the noise mitigation plan and to grant the building
§80-9.Special permits.[Amended 3-31-2004 ATM by Art.391 commissioner the power to require a noise mitigation plan on
any project based on their determination.
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 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.341
(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.341
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 lot line. [Amended 3-27-2019 ATM by Art.341
§80-10.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.
§80-11.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.
§80-12.Rules and regulations.[Amended 3-27-2019 ATM by Art.341
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.