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Select Board Announcements and Liaison Report September 9, 2024
From Joe Pato:
School Building Committee (SBC)
1). The SBC has requested that the Select Board consider implementing permit
Request for Select Board action
parking on a portion of Worthen Rd as part of the plan for the high school project. Three of the massing
concepts are placed on the general footprint of the existing buildings (phased in-place development) and the
available parking areas fall about 30 spaces below the expected need. Providing these spaces on the site would
require the addition of structured parking (at about $20M) or reduction of available field space. Satisfying that
need with dedicated parking areas on Worthen Rd. would avoid these penalties. Current planning by the SBC is
proceeding assuming that the additional parking will be provided off-site rather than within the project scope.
2)September 18 LHS Building Project Community Meeting Wednesday at Battin Hall and Zoom (2 hours)
This will be a hybrid community forum. This session is primarily intended to discuss cost estimates and the
comparison of costs to recent school projects. These estimates are still very preliminary and largely representative
of gross square feet needed rather than detailed designs and draw on the per square foot costs in school
construction over the past years escalated by existing and anticipated inflation. Given the technical nature of these
cost estimates, there will be a brief presentation at the beginning and most of the issues will be handled by
professional staff.
3)September 19 LHS Project Summit (Select Board, School Committee, Appropriation Committee, Capital
Expenditures Committee, Recreation Committee, School Building Committee)
Review responses from the committees regarding the August 15 general project update and discussion on the Field
House and Pool being outside the School Building Committees jurisdiction/mandate which is related to building a
school that meets the educational plan submitted to the MSBA.
4)I have scheduled a series of Coffee chats with Joe regarding the Lexington High School Project (see
https://joepato.org) The next session will be at the small community conference room in the new Police
Department adjacent to the lobby on Tuesday, September 10 from 6:30pm to 8pm. So far 10 residents have
attended the two outdoor weekday daytime sessions. I will also be holding an outdoor session on Saturday,
September 14 from 4pm to 5pm at Emery Park.
From Mark Sandeen:
Affordable Housing Trust
Seven proposals to build 100% affordable housing on Parcel 68-44, located at the intersection of Lowell Street and North
Street, have been received in response to the Parcel 68-44 RFP issued by the Select Board.
th
The Affordable Housing Trust is planning to schedule in-person interviews for the week of September 16 with the short
list developers who have submitted proposals. The interviews are expected to take approximately 1 hour per developer.
The developers are expected to make a short presentation of their proposal followed by an opportunity to answer
questions. The Select Board is invited to attend those in person developer interviews.
Human Rights Committee
The Lexington Human Rights Committee met to consider the proposed changes to the HRC charge on September 4,
2024. The HRC decided to consult with Dr. Hackett regarding the appointment of Lexington Public School liaisons to the
committee prior to recommending approval of the updated charge. The Human Rights Committee plans to review the
charge, after that discussion, at the next HRC meeting which is currently scheduled for September 18, 2024.
Bicycle Advisory Committee
The Bikeway Block Party is scheduled for Sunday, September 15, 2024. For more information
www.bikewayblockparty.org
Hanscom Area Towns Committee
The Hanscom Area Towns Committee voted to unanimously on September 5, 2024 to approve submittal of a public
comment letter (letter attached to end of this report) on behalf of the Hanscom Area Towns Committee regarding
Massports draft 2022 Environmental Status and Planning Report for Hanscom Airfield. The public comment period for
the 2022 Environmental Status and Planning Report ends on September 12, 2024.
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James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: August 9, 2024
RE: Weekly Update
The following is an update of activities for the week ending August 9, 2024:
Town Manager Updates:
Attached please find the updated proposal from Miriam Gusevich for Belfry Park. She has been
working with Dave Pinsonneault and the landscape architect to align her design with the new
accessible walkway. She has also been working with Barry Cunha from the Lex250 Commission.
The attached has been submitted to the HDC and is on their agenda for review and consideration
on 9/5. The following are some additional renderings of the design:
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
Police Solar Canopy Project - As the Board is aware, we are about $1.2 million short as this aspect
of the Net Zero Police Station was originally designed (for approval with HDC) and from the
pricing we received. To address this shortage (in addition to the work Mike Cronin has been doing
with Sustainable Lexington on redesign), Mike, Carolyn Kosnoff and I worked together to submit a
request to Senators Markey and Warren’s offices for what is referred to as “Congressionally
Directed Funding”. The great news is that the “Lexington Net Zero Police Station Solar
Infrastructure Project” has been included in the Senate Appropriations Committee
recommendations (and the Senate Budget) for $1,240,000 in the Federal Fiscal Year 2025 (Oct
2024 through Sept 2025). I spoke with Senator Markey’s office this week about the process
moving forward. Normally, the House and Senate would go through a reconciliation process
between the House and Senate recommendations on the FY25 budget and the Town would have
access to the funding after Oct 1 – however, given the Presidential election, both houses of
Congress will wait until Nov/Dec to go through the reconciliation and the funds should be
available after the budget is adopted (hopefully in Dec/Jan). They did indicate that generally the
House doesn’t change the Senate’s recommendations and vice versa, so there’s an excellent
potential the funding will remain in the final FY25 Federal budget. Once the bill does pass, the
Town will need to apply for the funds (the funding will be earmarked for the Town’s project, but
the Town needs to confirm the project is real and the funds will be spent as intended). This
funding will make up the gap between the Town Meeting appropriation and the actual cost. To
move the project forward, you may still want to go to Town Meeting to seek the difference so the
project can move forward (and there isn’t more of an inflationary impact or a new administration or
for some other reason the funding doesn’t come through) and then offset the additional
appropriation with the Federal Funds or you may want to wait until these funds are available and
go forward at that point. Again, this is great news as it funds the gap in the project, but there are
additional steps that need to occur since it’s Federal Funds, directed through Congress so it will
require some patience for 3-4 months. Leading up to the Fall Special Town Meeting, the Select
Board should discuss whether to seek to fund this amount so the project can move forward or make
a decision to wait. We will put this on the agenda for early October for discussion.
Attached please find the agenda tracker for upcoming Select Board meetings.
Land Use Housing and Development:
Planning
At the Planning Board’s August 14 meeting, the Planning Board will hold continued public
hearings on the village overlay district applications for 89 Bedford Street and 5-7 Piper Road.
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Agenda Tracker
PROPOSED
ITEM NAMEMINUTESItem #Description
DATE
Use Webinar ID 897 6992 0023 Passcode
211115 for Agenda Posting
Summit - Select Board, AC, CEC,
15-Aug-241201Remote Participation to discuss whether a
SB, SBC, Recreation
pool and new fieldhouse should be included in
the LHS Project
Needs BG application
Lafayette Returns Event (September 2nd 9am
Approve Battle Green Use Request -
to 2pm, 9:00 am Set up of chairs, an arch,
Historical Society Lafayette Returns
19-Aug-2400and flags around the Battle Green 11:00 am
Rehearsal with all participants
Event
1:00 pm Event begins, 2:00 pm Use of Battle
Green concludes
Approve Request from Friends of
Friend of Lexington Bikeway request to place
the Bikeway to Place Signage on
19-Aug-2400signs for 2weeks on bikeway leading up the
Minuteman Bikeway for Bikeway
date of the Bikeway Block Party event
Block Party Event
Approve Battle Green Permit/Road
Closure Request - & Road Closure –
19-Aug-2400Sept 21, 11a-2p
Parkers Prelude
Exemption 2: Preparation for
Preliminary discussion re: Town Manager
Negotiations with Nonunion
19-Aug-24301
contract
Personnel - New Town Manager
Town Manager Finalist Interviews
28-Aug-241801holding 9am - 7pm
To discuss potential locations which may
Discussion of East Lexington Fire
9-Sep-2445-1require real estate acquisition under
Station Options
Exemption 6.
Mike Cronin has been working with the
architect, contractors and Sustainable
Lexington on the overall cost and plan for the
Update on the Solar Canopy Project
9-Sep-24301solar canopies with the goal of bringing the
at the Police Station
cost within the appropriation approved by
Town Meeting. This is an update to the Select
Board on the status of the project.
Discussion on vehicle use of Fletcher park
and vision for future uses. Food trucks,
Fletcher Park Discussion
9-Sep-24152farmers market vendors, etc driving on
Fletcher park when back online. Work session
topic.
PLACEHOLDER - Discuss
Reporting Structure for Planning of
9-Sep-241036/20 request from S. Barry
Lex250 Events - Town Celebration
Committee
Approve Conduct and Decorum for
9-Sep-2454
Public Meetings Policy
Affordable Housing Trust RFP
9-Sep-24305Request from Carol? or Housing Trust?
Review
Review and Approve Draft Select
Review of the Select Board's annual report for
Board Report for FY24 Annual Town
9-Sep-24106
FY24
Report
Town Meeting Article Submition
9-Sep-24157
Timeline Policy
Special Town Meeting Draft Article
Kelly will present draft article list for potential
9-Sep-2458
List ReviewSpecial Town Meeting
This will be a review of the design provided to
Discussion on the 250th Monument
9-Sep-24209the Select Board on 8/9 for the 250th
at Belfry Park
monument at Belfry Park
9-Sep-245
Busa Farm Conservation Restriction
Recommendations made at 10/2 meeting
PLACEHOLDER - Dissolve Ad Hoc
(outstanding minutes need to be turned into
23-Sep-2400
Transportation Committeethe TCO -- Deepika to complete over the
summer)
Approve and Sign Proclamations -
Annual proclamations recognizing the month
Domestic Violence Awareness
23-Sep-2400of October as Domestic Violence Awareness
Month and Dyslexia Awareness Month
Month; Dyslexia Awareness Month
Select Board Committee
23-Sep-2400These are Select Board reappointments
Reappointments
Town Counsel Discussion on
23-Sep-24151
Attorney General Determinations
Update on Lead and Copper
23-Sep-24152This is an update to
Program
Carolyn indicated she will need to issue Bond
Bond Issuance - BAN's
23-Sep-24103Anticipation Notes before the end of
September for ongoing projects.
This would be an ongoing monthly update on
the high school project from Joe Pato and
Update on the High School Project
23-Sep-24104
Carolyn Kosnoff as per the Select Board
request for regular updates.
This is a request to approve the design
Review and Approve the 250th
23-Sep-24205provided to the Select Board for the 250th
Monument at Belfry Park
monument at Belfry Park
Special Town Meeting 2024-1 will be called on
9/23 and draft warrant (without Citizen
Select Board to call Special Town
petitions) will be reviewed.
Meeting 2024-1 and review Special
Proposed dates for Special Town Meeting-1 is
23-Sep-2456
Town Meeting 2024-1 DRAFT November 12, 13 and 14
10/2 at 1pm Citizen petitions deadline
Warrant
10/4 Final warrant to be signed by Select
Board
Rmul md Jcvglerml
Rmul K_l_ecpq Mddgac
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: August 16, 2024
RE: Weekly Update
The following is an update of activities for the week ending August 16, 2024:
Town Manager Updates:
Attached please find a memorandum from Maggie Peard, Sustainability and Resilience Officer and
Rosalyn Impink, Budget Officer regarding the EV Charging Stations the Town owns and
recommendations going forward. I have tentatively placed this on the October 7 Select Board
meeting for discussion.
Attached please find the agenda tracker for upcoming Select Board meetings.
Cary Library:
Library hours beginning the week of August 26:
Monday – Thursday: 4:00 p.m. – 9:00 p.m.
o
Friday: Closed
o
Saturday: 9:00 a.m. – 5:00 p.m.
o
th
Sunday: Closed (Sunday hours resume on September 8)
o
This schedule will be in place for several weeks while the lower level is demoed in preparation for
construction. Some staff will be working in the building and others will be working from home
during this transition.
The attached letter to families was sent out this week in preparation for the start of the school year.
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
Land Use Housing and Development:
Planning
On August 14, the Planning Board approved the first project under the new village overlay district
zoning – the “MBTA Communities” zoning. The project at 89 Bedford St. was approved to
relocate the historic house to the front of the lot for 2 dwelling units and construct a new building
with 30 dwelling units including 4 inclusionary/affordable units. Project details here.
Economic Development
Tatte opens on Wednesday the 21st at 1770 Massachusetts Avenue!
The Visitors Center is applying for the Massachusetts Office of Travel and Tourism FY25
Massachusetts 250 Grant Program which is awarding funding towards programming for the 250th
anniversary of the American Revolution in Mass. The Visitors Center is interested in applying for
$100,000 to purchase five interactive screens which will provide new programming to tourists.
On three of these screens will be an interactive adventure where tourists can explore “the day in the
life of a colonial farmer/life of a female tavern owner etc”. This adventure would build upon our
Visitors Center tours and talk about what Lexington was like under British occupation and the
build up to April 19, 1775. The two other screens will be used to steam a video detailing Paul
Revere’s midnight ride. This would similar to the Minuteman National Park’s video. Our video
would stream between each of our tours, and would give visitors an opportunity to see the story,
and connect that with our re-enactments. As a result, they will be interested in returning to
Lexington to see our festivities. As the National Park video has limited time availability, we would
be filling a coverage gap, and educate more people about the event.
If we receive this grant, there will be work that would need to be done on the Visitors Center,
including installing and connecting the new interactive screens to electrical sources, and removing
the current static screens that are between the cash register and the Diorama Room. After
discussing with Facilities, we thought it would be good to see if the Select Board has any
comments or concerns, please forward them to the Town Manager’s office. The grant deadline is
August 26th, so we would appreciate any comments in the next several days.
The Wayfinding signs and Kiosk have been installed on the Minuteman Bikeway by Bow Street.
Thank you to DPW for installing the signs!
Human Services:
Transportation Services
Transportation Services issued a Request for Information (RFI) with eleven questions for transit
vendors in advance of issuing an RFP for Lexpress Fleet, Operations & Maintenance. As current
Lexpress vehicles are at the end of their useful life and our contract expires June 30, 2025, we will
need a new contract for future years.
A small group of municipal representatives and an MBTA representative met on Wednesday, 8/14
thth
to discuss options for transit service for the 250. This is a sub-group of the larger 250
transportation planning group that is being led by Concord’s Police Captain, Brian Goldman.
Public Works:
The following stormwater interns were involved in helping a resident who was having a medical
issue. Emily Burdick (called 911), Cameron McLeod, and Sophie Coe displayed calm, reassurance
and willingness to assist and they should be commended for representing DPW and the Town in a
positive manner.
We are happy to announce that Jamal Jones has been promoted to the Assistant Water/Sewer
Superintendent position. Mr. Jones has been with the Water/Sewer Division since being hired in
April of 2001. He has moved up the ranks as a Heavy Equipment Operator, then a Leadperson and
then a Crew Chief. He has obtained his D3 Water Distribution License and will be a great addition
to the management team. He brings experience, new ideas, great customer service and mutual
respect to the position.
We are happy to announce that Joel Custance has been promoted to the Assistant Public Grounds
Superintendent position. Mr. Custance has been with the Forestry Division since being hired in
June of 1986. He has moved up the ranks as a Heavy Equipment Operator, then an Arborist and
then a Crew Chief. He has obtained his Massachusetts Certified Arborist License and will be a
great addition to the management team. He brings experience, new ideas, great customer service
and mutual respect to the position.
To: Select Board
From: Jim Malloy, Maggie Peard, Rosalyn Impink
Date: August 13, 2024
Re: Electric Vehicle (EV) Charging Station Rate Options
Lexington currently operates 11 public Electric Vehicle (EV) charging stations with a total of 21
ports in 6 locations across town. The current user charge for electricity consumed is $0.30 per
kilowatt hour (kWh). The purpose of this document is to inform the Board of General Fund
operating costs to maintain these stations and outline options to recoup more of the operating
costs.
Table 1. Charging Stations
Location Number of Chargers Number of Ports
Town Offices 2 4
201 Bedford St 1 2
Grant St / NStar Lot 3 5
Depot Lot 2 4
Community Center 1 2
Muzzey St Lot 2 4
TOTAL 11
21
GUEVCR
OALS OF PDATING HARGING ATE
The current EV charging rate of $0.30/kWh was established by the Select Board in 2021. The
rate has not since been revisited. As the Town has installed more charging stations, adding
software and maintenance costs, the total cost within the tax levy to subsidize this infrastructure
has increased. In order to account for these costs, we believe the board should reassess the
charging rate on an annual basis. Addressing the rate is a key policy decision and will drive
revenues and consumer behavior.
While there is an obvious goal to recoup the cost of operations as a business-type activity, there
is a potentially competing and larger goal to support sustainability and resilience by making
ownership of EVs both practical and convenient for Lexington residents and visitors through EV
charging infrastructure; in addition, making our downtown area accessible is critical to economic
development. The question now is whether and to what extent the revenue from electricity
charges should offset the cost of operation. The extent of the General Fund subsidy will
determine the balance between the two competing policy goals.
CO
OSTS OF PERATION
The costs outlined below are currently paid by the Department of Public Works (DPW) from the
Highway Division operating budget.
Electricity – There are two components to electricity costs: supply and delivery. The per-
kWh rate for electricity supply is fixed by the town’s electricity aggregation Community
Choice program. However, the rate for electricity delivery through Eversource fluctuates
frequently.
1
Maintenance - DPW contracts with a vendor to service and maintain the stations. When parts
need to be repaired or replaced, the Town pays for those as well. Preventative maintenance
costs the Town between $3,000 and $4,000 per year. Repairs vary more widely, but are
typically in the range of $500 and $2,000.
Software and Warranties – Both the software and warranty packages are prepaid for 5-year
terms at the time of installation of the station. This means the associated costs are not spread
evenly across the years of operation. The best approximation we can make of annual costs for
these services is $12,000.
R
EVENUE
Revenue from the stations are collected by ChargePoint. The company takes 10% of the charges
as their profit from operating the stations.
Parking – Most of the current charging stations are located in paid parking lots. Parking
fees are incorporated into the ChargePoint fees, so the vehicle owner does not have to
conduct two separate payment transactions. Parking fees are contributed to the Parking
Meter Fund, which supports costs incurred by the Police Department and DPW in
maintaining Town parking programs. The lots are fee-based from 8:00 AM to 8:00 PM at
a rate of $0.50/hour, with a 2-hour maximum period.
Electricity – When the Town first installed public charging stations over 10 years ago,
there was no cost to charge—the Town was covering all electricity expenses. Starting in
February of 2021, the Town instituted a charge of $0.30/kWh to recoup some of those
costs.
2
C.R
OST VS EVENUE
The public EV stations are currently operating at a deficit. Even when looking at electricity costs
for supply and delivery alone, the Town saw a deficit of $6,538 in FY2023.
Table 2. Surplus/Deficit
FY2022 FY2023
Revenues
Parking Fees*
$ 811 $ 1,414
Electricity Charges $ 6,926 $ 11,545
Total $ 7,737 $ 12,959
Expenditures
Electricity Cost from
Public use $ 8,946 $ 18,082
Electricity Cost from
Fleet Use $ 743 $ 5,095
Preventative
Maintenance $ 3,425 $ 3,900
Repairs $ 1,700 $ 250
Cloud Software $ 6,888 $ 6,888
Assure Warranty $ 5,280 $ 5,280
Total $ 26,981 $ 39,495
Surplus/(Deficit)
$ (20,056) $ (27,950)
Surplus/(Deficit) –
Public electricity
Only
$ (2,020) $ (6,538)
*The parking fees are not included in the surplus/(deficit) calculations because that revenue goes to the parking
fund.
E—EP
XPLAINING THE GAPLECTRICITY RICES
The cost of electricity plays a significant role in the size of the surplus/deficit when looking at
public charging use. All of the EV chargers are on Lexington’s Community Choice 100% green
option. Between December 2020 and December 2023, the supply rate was $0.108/kWh. Starting
December 2023, that rate went up to $0.13998/kWh. The delivery rate is set by Eversource and
fluctuates regularly, but has been trending up for years. Because of these variations, the total
electricity rate we pay changes, while the rate we charge has remained at $0.30/kWh.
3
Table 3. Deficit from Electricity Costs
FY2022 FY2023
Fleet electricity use (kWh) 2,129 12,047
Public electricity use (kWh) 25,650 42,758
Total electricity use (kWh) 27,779 55,805
Total electricity cost $9,688 $23,177
Average total electricity rate $0.35 $0.42
($/kWh)
Differential between average $ (0.05) $ (0.12)
electric rate and charging rate
Revenue loss from $ (1,251) $ (5,255)
differential (public use only)
The differential displayed in the final row of Table 3 does not match the final row of Table 2
because ChargePoint takes 10% of our collected revenue.
OCA
PERATION OSTS LLOCATIONS
The benefits delivered from the maintenance, software, and warranties costs are shared by the
public and the Town fleet users. In the table above, those costs are shown as totals and not
broken out by public use and fleet use since in reality, they are paid as one. The table shows how
those costs could reasonably be allocated based on use. In FY2022, fleet charging accounted for
7.7% of total use; in FY2023, fleet charging accounted for 22.0% of total use. These percentages
are used to allocate the operational costs between public and fleet use.
Table 4. FY2022 Fleet vs. Public Operational Costs
Full Cost Public Allocation Fleet Allocation
Preventative $3,425 $3,163 $262
Maintenance
Repairs $1,700 $1570 $130
Cloud Software $6,888 $6,360 $528
Assure Warranty $5,280 $4,875 $405
Total $17,293 $15,968 $1,325
If the fleet allocation ($1,325) is removed from the overall deficit recorded in Table 2, the deficit
from providing public chargers goes down to $18,731 in FY2022.
Table 5. FY2023 Fleet vs. Public Operational Costs
Full Cost Public Allocation Fleet Allocation
Preventative $3,900 $3,043 $857
Maintenance
Repairs $250 $195 $55
Cloud Software $6,888 $5,374 $1,514
Assure Warranty $5,280 $4,120 $1,161
Total $16,318 $12,732 $3,587
4
If the fleet allocation ($3,587) is removed from the overall deficit recorded in Table 2, the deficit
from providing public chargers goes down to $24,363 in FY2023.
R
ECOMMENDATIONS
1. Halt installation of new public EV chargers: Usage reports are showing that existing
charger are more than meeting demand.
2. Consider an electric rate change:
Option A ($0.35/kWh). While most surrounding communities charge $0.20/kWh -
o
$0.30/kWh for charging at public stations, staff in these communities also report
operating deficits. A rate of $0.35/kWh would be on the high end of surrounding
communities, but would increase the percent of electricity costs recouped through
the station fees. Unless delivery costs for electricity go down, this rate would still
not cover the full cost of electricity.
Option B ($0.40/kWh). Charging $0.40/kWh would be higher than surrounding
o
communities and may discourage use of public stations. Residents would pay less
by charging at home. Staff does not recommend this option.
Charging rates in nearby municipalities at Level 2 chargers
Cambridge: $0.189/kWh
o
Burlington: $0.20/kWh
o
Newton: $0.20/kWh
o
Medford: $0.25/kWh
o
Somerville: $0.25/kWh
o
Maynard: $0.25/kWh for first hour, $1.00/kWh thereafter
o
Arlington: $0.30/kWh
o
Melrose: $0.30/kWh
o
Arlington: $0.30/kWh
o
Acton: $0.35/kWh
o
Carlisle: $0.65/kWh (piloting $0.30/kWh to assess effect on demand)
o
3. Consider an excess stay fee:
Other private charging units charge a fee for overstaying a particular time period – 4
hours, 6 hours, when a vehicle is done charging, etc. This recognizes that it may take an
extended period to charge a vehicle, but encourages drivers to move along after fully
charging, and allow someone else to use the charger. Revenue from this fee can further
support the rate structures noted above. This option would require additional research and
analysis by staff to determine the most appropriate rate structure.
PNS
ROPOSED EXT TEPS
1. Select Board to discuss and give direction to staff on preferred rate setting options.
2. Staff to provide any additional requested data or analysis.
3. Select Board to vote on any desired rate changes.
5
APPENDIX A: TOTAL CHARGING SESSIONS 2020-2024 YTD
6
Agenda Tracker
PROPOSED
ITEM NAMEMINUTESItem #Description
DATE
Use Webinar ID 897 6992 0023 Passcode
211115 for Agenda Posting
Summit - Select Board, AC,
15-Aug-241201Remote Participation to discuss whether a pool
CEC, SB, SBC, Recreation "
and new fieldhouse should be included in the
LHS Project
Lafayette Returns Event (September 2nd 9am to
Approve Battle Green Use
2pm
Request - Historical Society
19-Aug-24001:00 pm Event begins, 2:00 pm Use of Battle
Green concludes
Lafayette Returns Event
Approve Request from Friends
of the Bikeway to Place Signage
Friend of Lexington Bikeway request to place
on Minuteman Bikeway in
19-Aug-2400signs for 2weeks on bikeway leading up the date
of the Bikeway Block Party event
advance of the Bikeway Block
Party Event
Approve Battle Green
Permit/Road Closure Request –
19-Aug-2400Sept 21, 11a-2p
Parkers Prelude
Exemption 2: Preparation for
Preliminary discussion re: Town Manager
Negotiations with Nonunion
19-Aug-24301
contract
Personnel - New Town Manager
Exemption 2: Preparation for
Negotiations with Nonunion
Preliminary discussion re: Interim Town
19-Aug-24201
Personnel - Interim Town Manager contract (if needed)
Manager
Town Manager Finalist
28-Aug-241801Holding 9am - 7pm
Interviews
Exemption 6: To Consider the
Purchase, Lease, Value of Real
To discuss potential locations which may require
9-Sep-2445-1
Property - East Lexington Fire real estate acquisition under Exemption 6.
Station Options
Approve Select Board Meeting
9-Sep-2400August 5 SB (maybe 8/15 Summit and 8/19 SB)
Minutes
PLACEHOLDER - Approve: One-
Day Liquor License - Revival
Would like to event to be an hour later than
9-Sep-2400
Cafe + Kitchen, 1729 Victualler License
Massachusetts Avenue
Mike Cronin has been working with the architect,
contractors and Sustainable Lexington on the
overall cost and plan for the solar canopies with
Update on the Solar Canopy
9-Sep-24201the goal of bringing the cost within the
Project at the Police Station
appropriation approved by Town Meeting. This is
an update to the Select Board on the status of
the project.
Discussion on vehicle use of Fletcher park and
vision for future uses. Food trucks, farmers
Fletcher Park Discussion
9-Sep-24152
market vendors, etc driving on Fletcher park
when back online. Work session topic.
Update on Process of Affordable
This would be a discussion to recieve an update
Housing Trust RFP Review
9-Sep-24153from the Affordable Housing Trust on the RFP
Processfor Parcel 68-44 Located
for the Lot 68-44 on Lowell Street
on Lowell Street
This will be a review of the design provided to
Discussion on the 250th
9-Sep-24204the Select Board on 8/9 for the 250th monument
Monument at Belfry Hill
at Belfry Park
Special Town Meeting Draft
Kelly will present draft article list for potential
9-Sep-2455
Article List ReviewSpecial Town Meeting
Town Meeting Article Submition
9-Sep-24156
Timeline Policy
Review Draft Select Board
Review of the Select Board's annual report for
Report for FY24 Annual Town
9-Sep-24107
FY24
Report
Approve Conduct and Decorum
9-Sep-2458
for Public Meetings Policy
Discussion - Reporting
Structure for Planning of
9-Sep-241096/20 request from S. Barry
Lex250 Events - Town
Celebration Committee
August 12, 2024 email from K. Lenihan
references Exploring Lexington’s 75-Year Life
Cycle Costs
Update on the High School
16-Sep-24601This would be an ongoing monthly update on the
Project
high school project from Joe Pato and Carolyn
Kosnoff as per the Select Board request for
regular updates.
This discussion will be for the School Committee
and Select Board to have a discussion to
Follow up discussion on 8/15
provide direction to the School Building
Summit on Field House and
16-Sep-24602
Committee on whether a renovated or new field
Indoor Pool
house and/or pool should be planned for as part
of the LHS project.
Recommendations made at 10/2 meeting
PLACEHOLDER - Dissolve Ad
23-Sep-2400(outstanding minutes need to be turned into the
Hoc Transportation Committee
TCO -- Deepika to complete over the summer)
Approve and Sign
Annual proclamations recognizing the month of
Proclamations - Domestic
23-Sep-2400October as Domestic Violence Awareness
Violence Awareness Month;
Month and Dyslexia Awareness Month
Dyslexia Awareness Month
Select Board Committee
23-Sep-2400These are Select Board reappointments
Reappointments
Town Counsel Discussion on
Attorney General
23-Sep-24151
Determinations
Update on Lead and Copper
23-Sep-24152This is an update to Lead and Copper Rules
Program
This is to update the Board on a request for
design funding as a Capital request for the
Discussion on the
Annual Town Meeting in 2025. Planning and
23-Sep-24153
Burlington/North SidewalkEngineering is seeking to discuss with Select
Board before the budget process gets underway
to discuss the extent of the proposed work.
This would be a discussion on the preferred
design to update the Select Board on the 25%
Discussion on Preferred
design plans prior to the scheduling of a update
23-Sep-24154
Bedford/Hartwell 25% Designfor the final presentation of te preferred design
tot he public at a separate public meeting in
October.
Carolyn indicated she will need to issue Bond
Bond Issuance - BAN's
23-Sep-24105Anticipation Notes before the end of September
for ongoing projects.
PLACEHOLDER Review and
This is a request to approve the design provided
Approve the 250th Monument at
23-Sep-24206to the Select Board for the 250th monument at
Belfry Park
Belfry Park
Special Town Meeting 2024-1 will be called on
9/23 and draft warrant (without Citizen petitions)
Select Board to call Special
will be reviewed.
Town Meeting 2024-1 and
23-Sep-2457Proposed dates for Special Town Meeting-1 is
review Special Town Meeting
November 12, 13 and 14
2024-1 DRAFT Warrant
10/2 at 1pm Citizen petitions deadline
10/4 Final warrant to be signed by Select Board
What meeting date 9/9 or 9/23 agenda??
Formal request Email received 8/13/2024 from
G. Szymanski looking to scheduleWater and
Water and Sewer Abatement
23-Sep-24158Sewer Abatement Appeal. V. Walsh has been
Appeal - 24 Oakland St.
informed and will supply info on the WSAB
original decision as well her
info/recommendation to this appeal
August 15, 2024
Dear Families,
As we begin construction on our lower level, here is some important information for families about impacts to
library services, spaces, and programs over the coming school year. Please help us by sharing this information
with grandparents, nannies, tutors, and others who bring your children to the library. Please also share with
older children and teens who visit the library independently.
Beginning Monday, August 26, the library will more to the
Library Hours beginning August 26, 2024:
following schedule while the contractor begins construction.
Monday Thursday 4:00 p.m. 9:00 p.m.
Friday Closed
Saturday 9:00 a.m. 5:00 p.m.
Sunday Closed (Sunday hours resume on September 8)
Library hours will change over the course of the project. Please check the Hours page on our website for
changes to library hours.
We have the bulk of our Childrens and Teen collections
Youth collections available on the Main Level.
to the Main Level.
: This includes the Children's Room, Teen Room, Large Meeting Room,
Our entire Lower Level is closed
and all lower level restrooms. These spaces will remain closed for the duration of the project.
: With the Lower Level closed, we have significantly reduced seating space throughout
Limited seating
the building.
You may want to consider visiting
We have no play space available during the renovation.
libraries in neighboring communities if you are looking for places to relax, read, and play
. The Childrens collections take up the entirety of
There is limited seating in the Living Room
our Living Room space and so there is no comfy seating in this space
to hang out during this project. Limited seating will be
We have no dedicated space for Teens
available on the quiet floor and in the Quiet Reading Room for quiet study. There is limited
space on the Main Floor for group work so please plan accordingly
If your student meets their tutor at the library, we suggest identifying alternative locations.
We have a very limited number of tables available and they fill up quickly
as they are in use as staff offices
Study rooms are not available
. With our limited capacity, we wont
Please have an alternative plan for district-wide half days
have space for as many students - please be sure your student has an alternative plan for where
to go if we reach capacity
. Our Main Level Commons area is the only space in the
Very limited snack area in the building
building where eating is permitted. Please help us keep the building clean and pest-free by
abiding by this policy
This fall we will offer a mix of in-person
Programs are happening, virtually and around Lexington.
programs at offsite locations and virtual programs. Check our calendar for dates, times, and locations.
. Were all still here and happy to help you find what
Youth services staff are available at the Main Desk
you need.
We appreciate how challenging these changes are and that the impacts on your familys use of the library are
significant. We remain committed to serving you as best we can during this renovation. Thank you for your
understanding and patience. If you have questions, please reach out to me at kstembridge@lexingtonma.gov or
781-698-4401.
Koren Stembridge
Library Director
Please consider subscribing to our Construction Newsletter for updates about services, hours, and closures.
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James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
TO: Select Board
FROM: Kelly Axtell, Deputy Town Manager
DATE: August 20, 2024
RE: Weekly Update ending August 23, 2024
Police:
The Police Department is happy to announce the addition of our newest member of the department, Watson. He was donated to
the department by a Lexington business who wishes to remain anonymous. They are associated with the Lexington Youth
Commission and has noticed the overwhelmingly positive interactions that our current comfort dog Maisey has had throughout
the district and the community. A condition of the donation is the dog is assigned to the SRO Program specifically at the
Lexington High School where they feel can have the most positive impact. Watson will be partnered with Detective Kristina
Hankins who is assigned to LHS. We look forward to Watson adding to our community engagement team and being a resource
for all of the staff and students at LHS and the entire district. We look forward to introducing Watson to the entire community
very soon.
Land Use Housing and Development:
The Land Use Housing & Development Department has identified a group to help review the Lowell Street Affordable
Housing proposals and make a recommendation to the Affordable Housing Trust. The proposals will be reviewed by
Carol Marine, housing professional; Michael Shanbacher, architect and Chair of the Lexington Planning Board; Bob
Pressman, Lexington Community Preservation Committee, Housing Partnership Board; Sean Osborne, Civil Engineer,
Lexington Appropriation Committee, and President, Association of Black Citizen of Lexington; Mark Sandeen, Select
Board member and Affordable Housing Trust Board member; Linda Prosnitz, housing professional and Affordable
Housing Trust Board member; Liz Mancini, Lexington Purchasing Director; Carol Kowalski, Assistant Town Manager
for Development, in consultation with Regional Housing Services Director Liz Rust and Lexington Building
Commissioner Jim Kelly. The group will recommend a proposal to the Affordable Housing Trust. The Affordable
Housing Trust will make its recommendation to the Select Board. The group was reviewed by Town Counsel and the
Town Moderator and they have no concerns.
Planning:
th
On August 28, the Planning Board will hold a continued public hearing for the village overlay proposal at 331 Concord
Ave. Updates and project material here.
Health Department:
The Health Department was able to take advantage of an opportunity to receive COVID 19 test kits free from the U.S.
Health and Human Service’s Administration for Strategic Preparedness and Response (ASPR). These kits are CareStart
kits from AccessBio, and contain 2 tests per box. Due to the number of test kits received, there will be a limit of 2 boxes
per person. The kits are available at the Health Department, Fire Headquarters, and the Community Center, while the
supply lasts.
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James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: August 30, 2024
RE: Weekly Update
The following is an update of activities for the week ending August 30, 2024:
Town Manager Updates:
Attached please find a Fleet Electrification Policy Report from Maggie Peard, Sustainability and
Resilience Officer updating the Select Board on the status of the Town’s fleet electrification goals.
Attached please find an 8/15 letter from MADOT regarding the Hartwell Avenue and Bedford
Street Project. The project is currently estimated at $32.3 million and as the letter states, it’s not a
commitment, but it does show that it is part of the state’s planning efforts on major roadway
infrastructure projects. Staff will continue to work to move this project forward. There is an
update scheduled for the 9/23/24 Select Board meeting.
Veteran’s District – Lexington, Bedford and Carlisle have been approached by Westford inquiring
whether our Veteran’s District could absorb another town. The Town Managers from the three
communities recently met with the Town Manager from Westford as well as Karen Tyler, our
District Director and Dana Bickelman, Human Services Director to discuss capacity. From our
initial discussions, we do appear to have capacity to absorb Westford (they currently have 3
Veterans receiving benefits) and are working out an amendment to the intermunicipal agreement
that we will be presenting to the various Select Boards, hopefully before the end of September.
Attached please find the agenda tracker for upcoming Select Board meetings.
Land Use Housing and Development:
Economic Development
We are pleased to announce that the Lexington Visitors Center was nominated and selected to be
featured in the American Bus Association’s Nov/Dec issue of Destinations as part of the
organizations “Best of the Best” in Travel and Tourism! This will be circulated among bus
operators across the United States and will further broaden our reach as a tourism hotspot!
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
August 2024
FLEET ELECTRIFICATION POLICY REPORT
Issued by Maggie Peard, Sustainability & Resilience Officer
In an effort to reduce the Town of Lexington’s fuel consumption, and vehicle emissions, the
Select Board adopted a policy to purchase only fuel-efficient vehicles, with priority to zero
emission vehicles. This Fleet Electrification Policy established a requirement that the Town of
Lexington purchase only fuel-efficient vehicles, prioritizing zero emissions vehicles, for
municipal use whenever such vehicles are commercially available and practicable. The policy
applies to all divisions and departments of the Town.
The Fleet Electrification Policy established that the Town will maintain an annual vehicle
inventory for all vehicles and a plan for replacing any non-exempt vehicles with vehicles that
meet, at a minimum, the fuel efficiency rating contained in the most recent guidance for
Criterion 4 (or any replacement of Criterion 4 which sets out vehicle fuel efficiency ratings)
published by the MA Department of Energy Resources’ Green Communities Division.
This document—and the attached vehicle inventory—serves as a report on the state of the
Town’s fleet and progress and plans for replacing its vehicles with fuel-efficient and zero
emission vehicles.
The attached Fleet Inventory provides details about all Town vehicles. Below is a summary of
the Town vehicles as it pertains to the Fleet Electrification Policy.
NON-EXEMPT VEHICLES BY TYPE
# of vehicles % of vehicles
Gasoline 47 56%
Hybrid 18 21%
Plug-in Hybrid 1 1%
Electric 18 22%
Total 84 100%
Since the last Fleet Electrification Policy report was issued, the town has purchased 12 electric
vehicles, 1 plug in hybrid vehicle, 9 hybrid vehicles, and 1 gasoline vehicle.
Transitioning to EVs requires ensuring sufficient charging infrastructure and ensuring that a
vehicle has sufficient non-driving time during the course of its day to charge. For this reason,
there are extra considerations that must be given for replacing emergency or on-call vehicles
with EVs. The function of a vehicle determines the feasibility of replacement with an EV. The
list below describes the current plan for replacement of all non-exempt Town vehicles by vehicle
function when a vehicle is due for replacement. The list captures the current intention of the
Town. Factors, such as the availability of vehicles, budget constraints, and availability of
charging infrastructure may require adjustments to these set intentions.
Public Works
Administration (24/7 use)
Plug-In Hybrid or hybrid, based on availability
o
Compost
Electric
o
Engineering
Electric or plug-in hybrid, based on fleet reallocation
o
Highway (24/7 use)
Plug-in hybrid or hybrid, based on availability
o
Parks (24/7 use)
Plug-in hybrid or hybrid, based on availability
o
Water (24/7 use)
Plug-in hybrids or hybrids, based on availability for supervisor
o
Prius units will be electric when replaced
o
Facilities
Admin
Electric
o
Maintenance
Electric, if infrastructure to support
o
Fire
C-1: Chief's vehicle (admin and secondary command post)
Hybrid
o
C-2: Assistant Chief's vehicle (emergency support vehicle)
Hybrid
o
C-3: Shift Commander (emergency vehicle)
Gasoline
o
C-4: Assistant Chief's vehicle (fire prevention / emergency support vehicle)
Hybrid
o
C-6: Spare Shift Commanders vehicle
Typically replaced with C-3 vehicle
o
C-7: Fire Prevention Inspector / Safety Officer / Emergency Support Vehicle
Typically replaced with C-2 or C-4 vehicle
o
Potential for electric
o
Police
Patrol
Hybrid
o
Chief
Hybrid
o
Captain
Hybrid
o
Detective
Hybrid or electric
o
Other (e.g., court, support service)
Hybrid
o
Land Use, Health, and Development
All
Electric
o
Other Vehicles
Town Manager
Electric
o
Assessors
Electric
o
Recreation
Electric
o
The Massachusetts Department of Environmental Protection (MassDEP) Massachusetts Electric
Vehicle Incentive Program (MassEVIP) Fleets provides incentive funding to public entities to
acquire, through purchase or lease, battery electric vehicles (BEVs), plug-in hybrid electric
vehicles (PHEVs), or zero emission electric motorcycles (ZEMs). More details on MassEVIP
Fleets Grant Requirements.
A maximum of 25 EVs can be funded for a single applicant through MassEVIP Fleets (BEVs,
PHEVs and ZEMs combined), including any EVs previously funded through MassEVIP Fleets.
See below for Lexington’s used and available EVIP Fleet Grants.
EVIP Fleet Grants—Lexington (as of December 2022)
USED
# of BEVs 11 $ for BEVs $82,500
# of PHEV 0 $ for PHEVs $0
11 $82,500
Total BEVs/PHEVs Total $ Received
AVAILBLE
14 $70,000 - $105,000
Grants for BEVs/PHEVs $ for BEVs/PHEVs
Source: MassEVIP Fleets Completed Projects, and Pending Town EVIP projects
According to Lexington’s Green Fleet Policy, the following vehicles are exempt from the policy:
Heavy-duty vehicles defined as having a manufacturer's gross vehicle weight rating
(GVWR) of more than 8,500 pounds (e.g., fire trucks, waste collection trucks)
Police cruisers, passenger vans, and cargo vans (if the policy’s criterion cannot be met by
commercially available models (Note: police and fire administrative vehicles are NOT
exempt)
However, the Town commits to purchasing fuel-efficient options if and when they are
commercially available and meet practicability requirements
Having sufficient charging infrastructure is essential to supporting the electrification of Town
vehicles. Staff continue to monitor demand for fleet charging and are taking steps to install
additional chargers when needed. At the 2024 Town Meeting, money was appropriated for an
additional Level 2 charger behind the Town Offices, which as of this month has been installed.
As with the chargers that were already installed in the lot, this new charger is reserved for fleet
charging from 7 am to 7 pm, Monday – Friday, but may be used by the public outside of those
hours.
There will also be a Level 3 (“fast charger”) installed in the center in the NStar lot in the coming
months, pending final approvals from Eversource. The Level 3 charger will be available to the
public to use.
Agenda Tracker
PROPOSED
ITEM NAMEMINUTESItem #Description
DATE
Deliberation - Town Manager
Meeting date held for if possible
4-Sep-24
selectionfurther deliberation is needed
Exemption 6: To Consider the
To discuss potential locations
Purchase, Lease, Value of Real
9-Sep-2445-1which may require real estate
Property - East Lexington Fire
acquisition under Exemption 6.
Station Options
Exemption 2: Preparation for
Negotiations with Nonunion
9-Sep-2415-1
Personnel - Interim Town Manager
Approve Select Board Meeting
August 5 SB (maybe 8/15 Summit
9-Sep-2400
Minutesand 8/19 SB)
Approve: One-Day Liquor License -
October 4, 2024 - 6-8pm for "First
Revival Cafe + Kitchen, 1729
9-Sep-2400
Friday POP Up"
Massachusetts Avenue
Approve: Entertainment License:
October 5, 2024 - 10a-3p. Will
Follen Church, East Village
9-Sep-2400
have live music on their lawn.
Community Fair
Approve and Sign Proclamation -
9-Sep-2400Septemeber 17-23, 2024
DAR Constitution Week
Approve: One-Day Liquor License -
9th Annual Pages of Possibility
Communities United, Inc., Depot
9-Sep-2400Gala - October 19th, 2024 from
6:00pm - 9:00pm
Square
Approve: One-Day Liquor License -
Beer Garden Event - September
9-Sep-2400
Wilson Farm, 10 Pleasant Street26, 2024 from 5:00pm - 8:00pm
Samita Mandelia resigned from
Accept Select Board Committee
9-Sep-2400the Housing Partnership Board,
Resignation
effective immediately
This will be a review of the design
Discussion on the 250th Monument
provided to the Select Board on
9-Sep-24201
at Belfry Hill8/9 for the 250th monument at
Belfry Park
Mike Cronin has been working
with the architect, contractors and
Sustainable Lexington on the
overall cost and plan for the solar
Update on the Solar Canopy
9-Sep-24202canopies with the goal of bringing
Project at the Police Station
the cost within the appropriation
approved by Town Meeting. This
is an update to the Select Board
on the status of the project.
Discussion on vehicle use of
Fletcher park and vision for future
Discussion - Considerations for
uses. Food trucks, farmers market
9-Sep-24153
Future Fletcher Park Use Requestsvendors, etc driving on Fletcher
park when back online. Work
session topic.
Discuss Proposed Special Town
Kelly will present draft article list
Meeting and Review Draft Article
9-Sep-2455for potential Special Town
Meeting
List
Review Draft Select Board Report
Review of the Select Board's
9-Sep-24106
for FY24 Annual Town Reportannual report for FY24
Approve Conduct and Decorum for
9-Sep-2457
Public Meetings Policy
Busa Farm Conservation
9-Sep-2454
Restriction
August 12, 2024 email from K.
Lenihan references Exploring
Lexington’s 75-Year Life Cycle
Costs
Update on the High School Project
16-Sep-24601
This would be an ongoing monthly
update on the high school project
from Joe Pato and Carolyn
Kosnoff as per the Select Board
request for regular updates.
This discussion will be for the
School Committee and Select
Board to have a discussion to
Follow up discussion on 8/15
provide direction to the School
Summit on Field House and Indoor
16-Sep-24602
Building Committee on whether a
Pool
renovated or new field house
and/or pool should be planned for
as part of the LHS project.
This would be a discussion to
Update on Process of Affordable
recieve an update from the
Housing Trust RFP Review Process
16-Sep-2415Affordable Housing Trust on the
for Parcel 68-44 Located on Lowell
RFP for the Lot 68-44 on Lowell
Street
Street
Follow up from LHS Project
Placeholder - Financial Summit
19-Sep-24120Summit Mike Cronin, and first fall
financial summit Carolyn Kosnoff
This executive session is to
Executive Session - Security
discuss various aspects of the
23-Sep-2430-1
related discussion Lex 250Lex250 celebration that has
security-related issues.
Recommendations made at 10/2
meeting (outstanding minutes
PLACEHOLDER - Dissolve Ad Hoc
23-Sep-2400need to be turned into the TCO --
Transportation Committee
Deepika to complete over the
summer)
Annual proclamations recognizing
Approve and Sign Proclamations -
the month of October as Domestic
Domestic Violence Awareness
23-Sep-2400
Violence Awareness Month and
Month; Dyslexia Awareness Month
Dyslexia Awareness Month
Select Board Committee
These are Select Board
23-Sep-2400
Reappointmentsreappointments
Approve Battle Green Use Request -
Wednesday, April 23, 2025 from
Historical Society: Children's
23-Sep-2400
10:00am - 2:00pm.
Reenactment
Approve Battle Green Use Request -
Tuesday, April 22, 2025 from
Historical Society: Naturalization
23-Sep-2400
11:00am - 2:00pm.
Ceremony
Approve: One-Day Liquor License -
Only Murder's in the Tavern,
Historical Society, Buckman's
23-Sep-2400October 5, 2024 from 7:00pm -
9:00pm
Tavern
Town Counsel Discussion on
Discusison per the Board's
23-Sep-24151
Attorney General Determinationsrequest
Update on Lead and Copper
This is an update to Lead and
23-Sep-24152
ProgramCopper Rules
This is to update the Board on a
request for design funding as a
Capital request for the Annual
Town Meeting in 2025. Planning
Discussion on the Burlington/North
23-Sep-24203and Engineering is seeking to
Sidewalk
discuss with Select Board before
the budget process gets
underway to discuss the extent of
the proposed work.
This would be a discussion on the
preferred design to update the
Select Board on the 25% design
Discussion on Preferred
plans prior to the scheduling of a
23-Sep-24204
Bedford/Hartwell 25% Designupdate for the final presentation of
te preferred design tot he public at
a separate public meeting in
October.
Carolyn indicated she will need to
issue Bond Anticipation Notes
Bond Issuance - BAN's
23-Sep-24105
before the end of September for
ongoing projects.
This is a request to approve the
PLACEHOLDER Review and
design provided to the Select
Approve the 250th Monument at
23-Sep-24206
Board for the 250th monument at
Belfry Park
Belfry Park
Special Town Meeting 2024-1 will
be called on 9/23 and draft
warrant (without Citizen petitions)
Select Board to call Special Town
will be reviewed.
Meeting 2024-1 and review Special
Proposed dates for Special Town
23-Sep-2457
Town Meeting 2024-1 DRAFT Meeting-1 is November
10/2 at 12pm Citizen petitions
Warrant
deadline
10/7 Final warrant to be signed by
Select Board
What meeting date 9/9 or 9/23
agenda?? Formal request Email
received 8/13/2024 from G.
Szymanski looking to
Water and Sewer Abatement
scheduleWater and Sewer
23-Sep-24158
Appeal - 24 Oakland St.Abatement Appeal. V. Walsh has
been informed and will supply info
on the WSAB original decision as
well her info/recommendation to
this appeal
James J. Malloy, Town Manager Tel: (781) 698-4540
Kelly E. Axtell, Deputy Town Manager Fax: (781) 861-2921
MEMORANDUM
TO: Select Board
FROM: Jim Malloy, Town Manager
DATE: September 6, 2024
RE: Weekly Update
The following is an update of activities for the week ending September 6, 2024:
Town Manager Updates:
Attached please find the agenda tracker for upcoming Select Board meetings.
Innovation and Technology:
Hybrid Rooms Update:
SBMR - Complete
o
Parker Room - Complete
o
PD Community Room – Substantially complete (just waiting on a few more items to round it
o
out and make it better)
LCC 237, 242, Workout Room and Dining Room – Currently under construction
o
Estabrook Hall – Construction to begin in October
o
201 Training Room – Equipment on order and arriving. Tentative construction end of
o
September/beginning of October
Library Large Meeting Room – Will occur alongside their construction
o
Public WiFi in the Center and Parks Update:
Center, Lincoln Fields, Center Complex
o
Equipment is prepped and ready to go. Site survey to occur September 16, 17 and construction
o
should start shortly after that. Will be installed and ready to go well before the 250th
celebration.
Land Use Housing and Development:
The Planning Board recently approved 30 new housing units at 89 Bedford Street. The project
includes relocating the existing historic two-family house to the front corner of the site to continue
to be used as two one-bedroom units and construct a new building with 30 new units (18 will be
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
two-bedrooms, 12 will be a two bedroom with a space for an office/den/or third bedroom). The
new building also includes 4 affordable/inclusionary units (3-2 bedrooms & 1-3 bedroom). A
copy of the Planning Board’s final approved plans are in OpenGov PLAN-24-8 and on the
Planning Board’s webpage here. The tree bylaw was waived and no separate tree removal permit
is required. The approval also included the stormwater review and no separate stormwater permit is
needed.
On September 11, the Planning Board will open public hearings on the multi-family proposals at
231 Bedford Street and 17 Hartwell Avenue.
Human Services:
The Human Services Department welcomes our new clinical and community outreach manager,
Juanica Buchanan. Juanica Buchanan holds a Masters of Social Work (MSW) from Boston
University School of Social Work, a Masters of Public Health (MPH) from Harvard T.H. Chan,
and a Bachelors of Arts (BA) in Psychology from Rider University. She has over a decade of
experience working in nonprofits, health care, and mental health. Juanica has previously worked
with Brandeis as a community therapist and clinical supervisor, where she provided individual and
group therapy and developed programming to support the student body. She is eager to bring her
skills and enthusiasm to Lexington and make a positive difference in the lives of our residents.
Agenda Tracker
PROPOSED
ITEM NAMEMINUTESItem #Description
DATE
August 12, 2024 email from K. Lenihan
references Exploring Lexington’s 75-
Year Life Cycle Costs
Update on the High School
16-Sep-24601
ProjectThis would be an ongoing monthly
update on the high school project from
Joe Pato and Carolyn Kosnoff as per
the Select Board request for regular
updates.
This discussion will be for the School
Committee and Select Board to have a
Follow up discussion on 8/15
discussion to provide direction to the
Summit on Field House and
16-Sep-24602School Building Committee on whether
a renovated or new field house and/or
Indoor Pool
pool should be planned for as part of
the LHS project.
Update on Process of
This would be a discussion to recieve
Affordable Housing Trust RFP
an update from the Affordable Housing
16-Sep-24153
Review Process for Parcel 68-Trust on the RFP for the Lot 68-44 on
Lowell Street
44 Located on Lowell Street
PLACEHOLDER - Approve and
16-Sep-244
Sign Town Manager Contract
Follow up from LHS Project Summit
Placeholder - Financial Summit
19-Sep-24120Mike Cronin, and first fall financial
summit Carolyn Kosnoff
Executive Session - Security
This executive session is to discuss
related discussion Lex 250
various aspects of the Lex250
(SB asked this be scheduled
23-Sep-2430-1
celebration that has security-related
for a different date as she will
issues.
not be at the 9/23 meeting)
Recommendations made at 10/2
PLACEHOLDER - Dissolve Ad
meeting (outstanding minutes need to
23-Sep-2400
Hoc Transportation Committeebe turned into the TCO -- Deepika to
complete over the summer)
Approve and Sign
Annual proclamations recognizing the
Proclamations - Domestic
month of October as Domestic
23-Sep-2400
Violence Awareness Month; Violence Awareness Month and
Dyslexia Awareness Month
Dyslexia Awareness Month
Select Board Committee
These are Select Board
23-Sep-2400
Reappointmentsreappointments
Approve Battle Green Use
Wednesday, April 23, 2025 from
Request - Historical Society:
23-Sep-2400
10:00am - 2:00pm.
Children's Reenactment
Approve Battle Green Use
Tuesday, April 22, 2025 from 11:00am -
Request - Historical Society:
23-Sep-2400
2:00pm.
Naturalization Ceremony
Review and Approve Response
to Liquor License Compliance
23-Sep-240Art Specialties
Check Violations
Town Counsel Discussion on
Attorney General
23-Sep-24151Discusison per the Board's request
Determinations
Update on Lead and Copper
This is an update to Lead and Copper
23-Sep-24152
Program
Rules
This is to update the Board on a
request for design funding as a Capital
request for the Annual Town Meeting in
Discussion on the
2025. Planning and Engineering is
23-Sep-24203
Burlington/North Sidewalk
seeking to discuss with Select Board
before the budget process gets
underway to discuss the extent of the
proposed work.
This would be a discussion on the
preferred design to update the Select
Board on the 25% design plans prior to
Discussion on Preferred
23-Sep-24204the scheduling of a update for the final
Bedford/Hartwell 25% Design
presentation of te preferred design tot
he public at a separate public meeting
in October.
Carolyn indicated she will need to issue
Bond Issuance - BAN's
23-Sep-24105Bond Anticipation Notes before the end
of September for ongoing projects.
PLACEHOLDER - Review and
This is a request to approve the design
Approve the 250th Monument
23-Sep-24206provided to the Select Board for the
250th monument at Belfry Park
at Belfry Park
Approve Conduct and
Decorum for Public Meetings
23-Sep-2457
Policy
Special Town Meeting 2024-1 will be
called on 9/23 and draft warrant
(without Citizen petitions) will be
Select Board to call Special
reviewed.
Town Meeting 2024-1 and
Proposed dates for Special Town
23-Sep-2457
review Special Town Meeting Meeting-1 is November 13 and
November 14
2024-1 DRAFT Warrant
10/2 at 12pm Citizen petitions deadline
10/7 Final warrant to be signed by
Select Board
Formal request Email received
8/13/2024 from G. Szymanski looking
to scheduleWater and Sewer
Water and Sewer Abatement
23-Sep-24158Abatement Appeal. V. Walsh has been
Appeal - 24 Oakland St.
informed and has supplied info on the
WSAB original decision as well her
info/recommendation to this appeal
PLACEHOLDER - Update
Committee requested on 8/29 to make
Design Advisory Committee
23-Sep-249changes/ updates to their current
charge.
Charge
ON HOLD Waiting for updated
application - Grant of Location -
6/20 - Engineering required changes to
7-Oct-24101
National Grid extension of gas plan, still waiting for NGrid to resubmit
main to 73 Waltham Street
Initial discussion on whether to move
forward with a Town Meeting artilce for
the Fall Town Meeting to fund the
Discussion on the Police Solar
$1,240,000 funding gap for the Police
Canopy Project - Federal
7-Oct-24152Solar Canopy to keep the project on
Funding Potentialtarget, while expecting the Federal
funding through a Congressionally
Directed Appropriation for an equal
amount.
This discussion will be regarding
moving forward with EV Charging
Stations, fees, etc. based on the
Discussion on EV Charging
7-Oct-241538/13/24 memo from Maggie Peard and
Stations
Rosalyn Impink. Also discussion on
Level 3 chargers (to be installed
shortly)
This is an update on MBTA
Update on MBTA Communities
Communities Act applications in
7-Oct-24154
ActLexington and the status of those
applications.
PLACEHOLDER - Review a
possible resulting Bid re:
7-Oct-24156discuss
Parcel 68-44 Located on Lowell
Street
This will be the 3rd Quarter Requests
from the Senior Management Team. It
should be noted that this will be the last
regular request and that In November,
a follow up meeting should be
ARPA - 3rd Quarter Requests
7-Oct-24207
scheduled to begin closing out
accounts that remain that will not meet
the 12/31/24 deadline to be under
contract and reallocate any funds to
other projects.
Discussion - Reporting
Structure for Planning of
October 7,20241086/20 request from S. Barry
Lex250 Events - Town
Celebration Committee
SELECT BOARD MEETING
August 5, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, August 5, 2024, via A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday,
August 5, 2024, via
a hybrid meeting platform.a hybrid meeting platform.Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr.
Sandeen, were
present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager;present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager;and Ms. Katzenback,
Executive Clerk.
PUBLIC COMMENTS
Jim Cadenhead, 29B Shirley Street, member of the Bicycle Advisory Committee, and on the Board of the Jim Cadenhead, 29B Shirley Street, member of the Bicycle Advisory Committee, and
on the Board of the
Friends of the Lexington Bikeways, spoke about the proposed Bikeway Block Party. This has been Friends of the Lexington Bikeways, spoke about the proposed Bikeway Block Party. This has
been
planned since last November. The Party will utilize the parks along the Minuteman Bikeway as venues planned since last November. The Party will utilize the parks along the Minuteman
Bikeway as venues
for an arts, music, and wellness community festival.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports Select Board Member Concerns and Liaison Reports
Ms. Barry stated that she previously requested a standing agenda item regarding the High School project. Ms. Barry stated that she previously requested a standing agenda item regarding
the High School project. Ms. Barry stated that she previously requested a standing agenda item regarding the High School project.
ththth
Also, next Monday August 12, 2024 is 250 days to the 250Also, next Monday August 12, 2024 is 250 days to the 250Also, next Monday August 12, 2024 is 250 days to the 250 Celebration.
The community is invited to Celebration. The community is invited to Celebration. The community is invited to
join in a photo for this day. The hope is to have at least 250 community members in the photo. Finally, join in a photo for this day. The hope is to have at least 250 community members
in the photo. Finally, join in a photo for this day. The hope is to have at least 250 community members in the photo. Finally, join in a photo for this day. The hope is to have at least
250 community members in the photo. Finally,
she noted that she will not run for reelection next March. she noted that she will not run for reelection next March.
thththth
Mr. Pato stated that on Wednesday, August 14Mr. Pato stated that on Wednesday, August 14 from 6:30-8:30pm, there will be another community from 6:30-8:30pm, there will be another community
from 6:30-8:30pm, there will be another community
meeting regarding the High School project. This will be a hybrid panel session for the School Building meeting regarding the High School project. This will be a hybrid panel session
for the School Building meeting regarding the High School project. This will be a hybrid panel session for the School Building meeting regarding the High School project. This will be
a hybrid panel session for the School Building
Committee to hear questions from the community and respond. Also, on August 15, 2024, there will be a Committee to hear questions from the community and respond. Also, on August 15,
2024, there will be a Committee to hear questions from the community and respond. Also, on August 15, 2024, there will be a Committee to hear questions from the community and respond.
Also, on August 15, 2024, there will be a
summit meeting of the Select Board, School Committee, Appropriation Committee, Capital Expenditures summit meeting of the Select Board, School Committee, Appropriation Committee, Capital
Expenditures summit meeting of the Select Board, School Committee, Appropriation Committee, Capital Expenditures
Committee, Recreation Committee, and School Building Committee regarding the project, along with the Committee, Recreation Committee, and School Building Committee regarding the project,
along with the Committee, Recreation Committee, and School Building Committee regarding the project, along with the
community's appetite and interest in activities beyond the core curriculum, in particular the recreation community's appetite and interest in activities beyond the core curriculum, in
particular the recreation community's appetite and interest in activities beyond the core curriculum, in particular the recreation
facility at the field house and a potential aquatic pool center. facility at the field house and a potential aquatic pool center. facility at the field house and a potential aquatic
pool center. facility at the field house and a potential aquatic pool center.
Ms. Hai stated that Ms. Hai stated that Town Manager Search Screening Committee will be meeting this week to review Town Manager Search Screening Committee will be meeting this week
to review Town Manager Search Screening Committee will be meeting this week to review
the applications that have been received and to determine who will be invited to the first round of the applications that have been received and to determine who will be invited to the
first round of the applications that have been received and to determine who will be invited to the first round of
interviews. interviews.
DOCUMENTS: DOCUMENTS:
2024.08.05 Select Board Announcements and Liaison Reports 2024.08.05 Select Board Announcements and Liaison Reports
TOWN MANAGER REPORT TOWN MANAGER REPORT
Mr. Malloy stated that he supplied the Board with a letter regarding the MBTA Communities Act being Mr. Malloy stated that he supplied the Board with a letter regarding the MBTA Communities
Act being
fully approved by the State. Also, he has not yet received any comments from the Board about moving the
Civics Academy from a fall to a late spring schedule. This would be a better schedule for the management
fellow.
1. Town Manager Weekly Update
DOCUMENTS
: Weekly Update 7-26-24; 8-2-24
CONSENT AGENDA
1. Approve Select Board Committee Resignation Lexington Center Committee - Fred Johnson
To accept the resignation of Fred Johnson from the Lexington Center Committee effective September 30,
2024.
DOCUMENTS:
2024 Resignation - Lexington Center Committee from Fred Johnson
2. Approve and Sign Proclamation – Suicide Prevention Month
To approve and sign a proclamation annually recognizing the month of September as Suicide Prevention To approve and sign a proclamation annually recognizing the month of September as
Suicide Prevention
Month in the Town of Lexington.
DOCUMENTS:
2024 Suicide Prevention Month Proclamation 2024 Suicide Prevention Month Proclamation
3. Approve Water and Sewer Commitments and Adjustments Approve Water and Sewer Commitments and Adjustments
To approve the following:
Water & Sewer Cycle 9 Billing May 2024 $340,369.25 $340,369.25
Water & Sewer Cycle 9 Billing June 2024 Water & Sewer Cycle 9 Billing June 2024 $394,478.80 $394,478.80
Water & Sewer Finals June 2024 $12,440.97 $12,440.97
DOCUMENTS:
May / June Comm & June Finals May / June Comm & June Finals
4. Approve Select Board Meeting Minutes Approve Select Board Meeting Minutes Approve Select Board Meeting Minutes
To approve and release the following minutes: July 22, 2024, Select Board. To approve and release the following minutes: July 22, 2024, Select Board. To approve and release the following
minutes: July 22, 2024, Select Board.
DOCUMENTS:
DRAFT 07222024 Select Board minutes DRAFT 07222024 Select Board minutes DRAFT 07222024 Select Board minutes
5. Approve Battle Green Use Request – The Outdoor Channel – Filming of TV Segment Approve Battle Green Use Request – The Outdoor Channel – Filming of TV Segment Approve Battle Green
Use Request – The Outdoor Channel – Filming of TV Segment Approve Battle Green Use Request – The Outdoor Channel – Filming of TV Segment
Tuesday,Tuesday,
October 8th, 2024, from 8-10am October 8th, 2024, from 8-10am October 8th, 2024, from 8-10am
To approve the request from Evan Brune, Executive Editor for ‘The Outdoor Channel’, to use the area in To approve the request from Evan Brune, Executive Editor for ‘The Outdoor Channel’,
to use the area in To approve the request from Evan Brune, Executive Editor for ‘The Outdoor Channel’, to use the area in
front of the John Parker Statue on Tuesday, October 8, 2024, from 8:00am to 10:00am for the purpose of front of the John Parker Statue on Tuesday, October 8, 2024, from 8:00am to 10:00am
for the purpose of front of the John Parker Statue on Tuesday, October 8, 2024, from 8:00am to 10:00am for the purpose of
filming on 10/8/24 a 12-minute historical segment about the events at Lexington and Concord on April filming on 10/8/24 a 12-minute historical segment about the events at Lexington and
Concord on April
19, 1775.
6. Approve Entertainment License & One-Day Liquor License – Gyro Fest at St Nicholas Approve Entertainment License & One-Day Liquor License – Gyro Fest at St Nicholas
Greek Orthodox Church Greek Orthodox Church
St Nicholas Greek Orthodox Church: '2024 Gyro Festival' - Saturday, September 21, 2024,
from 11am - 9pm
To approve an Entertainment License and One-Day Liquor License for St Nicholas Greek Orthodox
Church to host Gyro Fest and to serve wine and beer on Saturday, September 21, 2024, from 11:00am-
9:00pm with live music in the parking lot at 5pm, location 17 Meriam Street.
DOCUMENTS:
St_Nicholas_Tent_Layout
7. Approve: One-Day Liquor License – Spectacle Management, Inc.,1605 Massachusetts
Avenue
Roger McGuinn: Wednesday, September 11, 2024, from 6:30pm -10:30pm
To approve a One-Day Liquor License for Spectacle Management, Inc. to serve beer and wine in the
lobby outside of Battin Hall on the main level of Cary Memorial Building, 1605 Massachusetts Avenue,
for the purpose of four events as follows:
Roger McGuinn, Wednesday, September 11, 2024, 6:30pm to 10:30pm Roger McGuinn, Wednesday, September 11, 2024, 6:30pm to 10:30pm
DOCUMENTS:
Spectacle Diagram of Event
thth
8. Approve Battle Green Use Request – Lexington Minute Men - 18Approve Battle Green Use Request – Lexington Minute Men - 18 Century Military Drill
Saturday, November 23, 2024, from 9:00am -11:00am Saturday, November 23, 2024, from 9:00am -11:00am
To approve the request of the Lexington Minute Men to use the Battle Green for an 18th-century military To approve the request of the Lexington Minute Men to use the Battle Green for
an 18th-century military To approve the request of the Lexington Minute Men to use the Battle Green for an 18th-century military
drill and musket blank-firing demonstration in preparation for the 250th Anniversary of the Battle of drill and musket blank-firing demonstration in preparation for the 250th Anniversary
of the Battle of drill and musket blank-firing demonstration in preparation for the 250th Anniversary of the Battle of
Lexington.
9. Approve Entertainment License – Friends of Lexington Bikeway Approve Entertainment License – Friends of Lexington Bikeway
Bikeway Block Party: Arts, Culture and Music Community Festival - Sunday, September 15, Bikeway Block Party: Arts, Culture and Music Community Festival - Sunday, September 15, Bikeway
Block Party: Arts, Culture and Music Community Festival - Sunday, September 15,
2024, from 11am-4pm
To approve an Entertainment License for The Friends of Lexington Bikeway to host a Bikeway Block To approve an Entertainment License for The Friends of Lexington Bikeway to host a Bikeway
Block To approve an Entertainment License for The Friends of Lexington Bikeway to host a Bikeway Block
Party: Arts, Culture and Music Community Festival on Sunday, September 15, 2024, from 11am to 4pm Party: Arts, Culture and Music Community Festival on Sunday, September 15, 2024, from
11am to 4pm Party: Arts, Culture and Music Community Festival on Sunday, September 15, 2024, from 11am to 4pm
with live music being performed at 4 separate locations along the bikeway as proposed. with live music being performed at 4 separate locations along the bikeway as proposed. with live
music being performed at 4 separate locations along the bikeway as proposed. with live music being performed at 4 separate locations along the bikeway as proposed.
DOCUMENTS:
Bikeway Block Party Schedule, Bikeway Block Party Event Diagram Bikeway Block Party Schedule, Bikeway Block Party Event Diagram Bikeway Block Party Schedule, Bikeway Block Party Event
Diagram
10. Approve Entertainment License - American Diabetes Association 10. Approve Entertainment License - American Diabetes Association 10. Approve Entertainment License - American Diabetes
Association
Tour de Cure: Non-competitive Charity Bicycle Ride - Sunday, August 18, 2024, from 7am-Tour de Cure: Non-competitive Charity Bicycle Ride - Sunday, August 18, 2024, from 7am-Tour de
Cure: Non-competitive Charity Bicycle Ride - Sunday, August 18, 2024, from 7am-Tour de Cure: Non-competitive Charity Bicycle Ride - Sunday, August 18, 2024, from 7am-
4pm 4pm
To approve a Special Entertainment License for The American Diabetes Association for the purpose of To approve a Special Entertainment License for The American Diabetes Association for
the purpose of To approve a Special Entertainment License for The American Diabetes Association for the purpose of
music at their Tour de Cure: Non-competitive Charity Bicycle Ride on Sunday, August 18, 2024, from music at their Tour de Cure: Non-competitive Charity Bicycle Ride on Sunday, August
18, 2024, from music at their Tour de Cure: Non-competitive Charity Bicycle Ride on Sunday, August 18, 2024, from
7am to 4pm. 7am to 4pm.
DOCUMENTS: DOCUMENTS:
Tour de Cure Event Diagram Tour de Cure Event Diagram
11. Approve: One-Day Liquor License - Craft Food Halls Lex Labs 11. Approve: One-Day Liquor License - Craft Food Halls Lex Labs
Beer Garden at Non-competitive Charity Bicycle Ride - Sunday, August 18, 2024, from Beer Garden at Non-competitive Charity Bicycle Ride - Sunday, August 18, 2024, from
11:00am - 5:00pm 11:00am - 5:00pm
To approve a One-Day Liquor License for Lex Lab d/b/a Craft Food Halls to serve beer and wine in the
beer garden in the parking lot at 10 Maguire Road Hall during the Tour de Cure: Charity Bicycle Ride on
Sunday, August 18, 2024, from 11:00am to 5:00pm.
DOCUMENTS:
Tour De Cure event Map
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda. Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Presention - Plan of Action & Timeline for Amending the Lexington Human Rights
Committee Charge and Community Conversation Plan
Mr. Sandeen stated that the Human Rights Committee (HRC) has met several times to discuss this and
make recommendations regarding the charge. In addition to these changes, several other suggestions were
made, primarily to align the charge with current practice and the way other committees are operating in
Town. The revised charge is proposed to be brought to the HRC for a recommendation at its next meeting
in September.
2. Approve Transportation Safety Group (TSG) Requests Approve Transportation Safety Group (TSG) Requests
Stop sign on Sunny Knoll Avenue at Reed Street Stop sign on Sunny Knoll Avenue at Reed Street
Stop signs on Balfour Street at Asbury Street Stop signs on Balfour Street at Asbury Street
Parking Prohibitions on Lois Lane
Sheila Page, Assistant Planning Directorthe Traffic Safety Group (TSG) is recommending the Traffic Safety Group (TSG) is recommending
, explained that , explained that
the installation of stop signs on Sunny Knoll Avenue (at Reed Street), and Balfour Street (on both sides of the installation of stop signs on Sunny Knoll Avenue (at Reed Street), and
Balfour Street (on both sides of the installation of stop signs on Sunny Knoll Avenue (at Reed Street), and Balfour Street (on both sides of
Asbury Street). TSG is also recommending prohibiting parking on Lois Lane. Asbury Street). TSG is also recommending prohibiting parking on Lois Lane.
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 that, in accordance with the : Upon a motion duly made and seconded, the Select Board voted 5-0 that, in accordance
with the : Upon a motion duly made and seconded, the Select Board voted 5-0 that, in accordance with the
provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington, provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders
of Lexington, provisions of Chapter 689 of 1986 of the General Laws, the Traffic Rules and Orders of Lexington,
adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of Lexington adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of
Lexington adopted by the Board of Selectmen on November 13, 1967, now Chapter 192 of the Code of Lexington
are hereby amended by adding the following to: are hereby amended by adding the following to: are hereby amended by adding the following to:
§ 192-10 Schedule 7: Stop Signs and Yield Signs § 192-10 Schedule 7: Stop Signs and Yield Signs § 192-10 Schedule 7: Stop Signs and Yield Signs
Sunny Knoll Avenue at Reed Street - Stop Sunny Knoll Avenue at Reed Street - Stop Sunny Knoll Avenue at Reed Street - Stop
Balfour Street eastbound at Asbury Street - Stop Balfour Street eastbound at Asbury Street - Stop Balfour Street eastbound at Asbury Street - Stop
Balfour Street westbound at Asbury Street - Stop Balfour Street westbound at Asbury Street - Stop Balfour Street westbound at Asbury Street - Stop Balfour Street westbound at Asbury
Street - Stop
Also,
that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the
Traffic that in accordance with the provisions of Chapter 689 of 1986 of the General Laws, the Traffic that in accordance with the provisions of Chapter 689 of 1986 of the General
Laws, the Traffic
Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, now Chapter Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967,
now Chapter Rules and Orders of Lexington, adopted by the Board of Selectmen on November 13, 1967, now Chapter
192 of the Code of Lexington are hereby amended by adding the following to: 192 of the Code of Lexington are hereby amended by adding the following to: 192 of the Code of Lexington
are hereby amended by adding the following to:
Chapter 192-18 Schedule 1 "Parking Prohibited or Restricted" Chapter 192-18 Schedule 1 "Parking Prohibited or Restricted" Chapter 192-18 Schedule 1 "Parking Prohibited or Restricted"
Lois Lane - North Side from Bedford Street to approximately 90 feet east to the driveway of 77-Lois Lane - North Side from Bedford Street to approximately 90 feet east to the driveway
of 77-
79 Bedford Street - "No Parking"; and 79 Bedford Street - "No Parking"; and
Lois Lane - South Side from Bedford Street to approximately 90 feet east to the driveway of 73-Lois Lane - South Side from Bedford Street to approximately 90 feet east to the driveway
of 73-
75 Bedford Street - "No Parking". 75 Bedford Street - "No Parking".
DOCUMENTS:
Memorandum, Code Amendment Vote - Stop Signs, Code Amendment Vote - No
Parking, Location - Maps
3. Discussion - William James Interface Contract
Dana Bickelman, Human Services Director, this is a discussion regarding the William James Interface
referral service contract. This contract began in November of 2018 and goes through early 2025. Use of
this referral system was brought in to identify two specific issues by the Mental Health Task Force
website, to provide a way to take down barriers to accessing mental health services and to also address
potential disparities among cultural group. The cost for FY24 was $31,000 shared with the schools. For
FY25 the cost will be increased to $34,500 which is already in the budget. The proposal is to stop services
for FY26, when the cost is proposed to increase to $38,000. Data and reporting that show that the service
over the past year was used approximately 104 times, costing $300 per referral. She explained that since
2018, Town Staff has been able to increase the number of cost-free ways to access mental health referrals.
The cost savings from this proposal would be used to provide additional support, such as adding a part
time staff to provide additional clinical support and programs.
Ms. Bickelman explained that is the recommendation of the Human Services Department not to renew the
William James Interface contract. She stated that the Human Services Department would be able to
successfully connect clients to needed resources even after the contract with William James Interface ends
in 2025.
The Board was in support of not renewing the contract and expressed the importance of alerting the The Board was in support of not renewing the contract and expressed the importance
of alerting the
community ahead of the change.
DOCUMENTS:
William James Interface Memorandum William James Interface Memorandum
4. Approve ARPA Request - Storeback/Storefront Improvement Plan Update Approve ARPA Request - Storeback/Storefront Improvement Plan Update Approve ARPA Request - Storeback/Storefront
Improvement Plan Update
Jay Abdella, Economic Development Coordinator, reviewed the Economic Development Department's Jay Abdella, Economic Development Coordinator, reviewed the Economic Development Department's
Jay Abdella, Economic Development Coordinator, reviewed the Economic Development Department's
request to extend the storefront/storeback funding from East Lexington to include East Lexington and request to extend the storefront/storeback funding from East Lexington to include
East Lexington and request to extend the storefront/storeback funding from East Lexington to include East Lexington and request to extend the storefront/storeback funding from East
Lexington to include East Lexington and
Lexington Center, as discussed at the last Select Board meeting. Lexington Center, as discussed at the last Select Board meeting. Lexington Center, as discussed at the last Select
Board meeting.
Jim Cadenhead, speaking on behalf of Battle Road Bikes, stated that the shop is firmly in favor of this Jim Cadenhead, speaking on behalf of Battle Road Bikes, stated that the shop is
firmly in favor of this Jim Cadenhead, speaking on behalf of Battle Road Bikes, stated that the shop is firmly in favor of this
East Lexington District improvement proposal. He has a huge proposal for his building but has not seen East Lexington District improvement proposal. He has a huge proposal for his building
but has not seen East Lexington District improvement proposal. He has a huge proposal for his building but has not seen
anything come of it yet.
Jim Shaw, publisher of the Lexington Times, explained that approximately two years ago, an organization Jim Shaw, publisher of the Lexington Times, explained that approximately two years
ago, an organization Jim Shaw, publisher of the Lexington Times, explained that approximately two years ago, an organization
called the East Lexington Business Association was started. This group primarily works on beautification called the East Lexington Business Association was started. This group primarily
works on beautification called the East Lexington Business Association was started. This group primarily works on beautification
of the area. He believes the East Lexington businesses would be firmly in favor of this proposal. of the area. He believes the East Lexington businesses would be firmly in favor of this
proposal. of the area. He believes the East Lexington businesses would be firmly in favor of this proposal.
Laura Swain, 29 Locust Avenue, stated that as an avid biker, one of the most needed items is bike racks. Laura Swain, 29 Locust Avenue, stated that as an avid biker, one of the most
needed items is bike racks. Laura Swain, 29 Locust Avenue, stated that as an avid biker, one of the most needed items is bike racks. Laura Swain, 29 Locust Avenue, stated that as an
avid biker, one of the most needed items is bike racks.
Murals are a great idea for this area, but more bike racks are also needed. Mr. AbdellaMurals are a great idea for this area, but more bike racks are also needed. Mr. AbdellaMurals are
a great idea for this area, but more bike racks are also needed. Mr. Abdellaexplained that this
area activation would absolutely include adding bike racks and other amenities to the area area activation would absolutely include adding bike racks and other amenities to the area
area activation would absolutely include adding bike racks and other amenities to the area
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the use of the : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the use of
the : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the use of the
(previously approved) $100,000 for storeback/storefront improvements in E. Lexington to include (previously approved) $100,000 for storeback/storefront improvements in E. Lexington to
include
Lexington Center.
DOCUMENTS:
ARPA Funding Request – Economic Development ARPA Funding Request – Economic Development
5. Review Request from Lexington Retailers Association to Place Signage on Minuteman
Bikeway on September 15, 2024, during Bikeway Block Party Event
Jim Shaw, Chair of the Chamber of Commerce, reviewed a request to place lawn signs along the Bikeway
to promote local businesses during the September 15, 2024, Bikeway Block Party.
Jim Cadenhead,on behalf of the Friends of the Lexington Bikeways, stated that the group reviewed the
proposal. The group noted that the initial proposal was for three signs per business, but the group is
hoping to reduce this to two signs per business. The group would also like to language specifying that this
was for the day of the event only. Also, regarding the optional signage placement along the Bikeway near
Maguire Road and Bedford Street, the group would like that option removed. Mr. Shaw agreed with the
proposals.
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 toapprove the request from
the Lexington Retailers Association to place signage, no more than two per business, on the Minuteman
Bikeway on September 15, 2024.
DOCUMENTS:
Presentation, Sign request on Bikeway during Bikeway Block Party, Economic
Development letter of support
6. Liquor License Amendment - Knights of Columbus 177 Bedford Street - Extension of Liquor License Amendment - Knights of Columbus 177 Bedford Street - Extension of
premise to include Outdoor Patio
Mr. Lucente explained that the Select Board Office has received all the necessary paperwork from Mr. Lucente explained that the Select Board Office has received all the necessary paperwork
from
Knights of Columbus requesting an amendment to their Liquor License to include service of alcoholic Knights of Columbus requesting an amendment to their Liquor License to include service
of alcoholic Knights of Columbus requesting an amendment to their Liquor License to include service of alcoholic
beverages to the outdoor tables located on the existing patio adjacent to their building. Building and beverages to the outdoor tables located on the existing patio adjacent to their
building. Building and beverages to the outdoor tables located on the existing patio adjacent to their building. Building and
Zoning have reviewed this application and have no objections. Abutting properties have been notified of Zoning have reviewed this application and have no objections. Abutting properties
have been notified of Zoning have reviewed this application and have no objections. Abutting properties have been notified of
the amendment application being taken up at this meeting. the amendment application being taken up at this meeting.
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Knights of : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Knights
of : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Knights of
Columbus application to amend their All-Alcohol Club Liquor License at 177 Bedford Street to include Columbus application to amend their All-Alcohol Club Liquor License at 177 Bedford
Street to include Columbus application to amend their All-Alcohol Club Liquor License at 177 Bedford Street to include Columbus application to amend their All-Alcohol Club Liquor License
at 177 Bedford Street to include
alcoholic beverage service to the outdoor tables located on the existing patio adjacent to their building and alcoholic beverage service to the outdoor tables located on the existing
patio adjacent to their building and alcoholic beverage service to the outdoor tables located on the existing patio adjacent to their building and alcoholic beverage service to the
outdoor tables located on the existing patio adjacent to their building and
issue an updated Liquor License reflecting this. issue an updated Liquor License reflecting this.
DOCUMENTS:
KOCApplication to include outdoor patio, ABCC Email - LLA approving authority for KOCApplication to include outdoor patio, ABCC Email - LLA approving authority for KOCApplication to
include outdoor patio, ABCC Email - LLA approving authority for
adding outdoor alcohol service to existing license adding outdoor alcohol service to existing license adding outdoor alcohol service to existing license
7. Discussion - Potential Reserve Fund Transfer Request for Golf Course Repairs Discussion - Potential Reserve Fund Transfer Request for Golf Course Repairs Discussion - Potential Reserve
Fund Transfer Request for Golf Course Repairs
Melissa Battite, Director of Recreation and Community Programs, explained that the Recreation and Melissa Battite, Director of Recreation and Community Programs, explained that the Recreation
and Melissa Battite, Director of Recreation and Community Programs, explained that the Recreation and
Community Programs Department is having an emergency issue related to the golf course. There are Community Programs Department is having an emergency issue related to the golf course.
There are Community Programs Department is having an emergency issue related to the golf course. There are Community Programs Department is having an emergency issue related to the
golf course. There are
sufficient funds in the Recreation Enterprise Fund to pay for repairs, but expending those funds requires sufficient funds in the Recreation Enterprise Fund to pay for repairs, but expending
those funds requires sufficient funds in the Recreation Enterprise Fund to pay for repairs, but expending those funds requires sufficient funds in the Recreation Enterprise Fund to
pay for repairs, but expending those funds requires
an appropriation. The plan is to seek a Reserve Fund transfer to address the current need and then include an appropriation. The plan is to seek a Reserve Fund transfer to address the
current need and then include an appropriation. The plan is to seek a Reserve Fund transfer to address the current need and then include
a warrant article on the Fall Town Meeting warrant to reimburse the Reserve Fund from the Recreation a warrant article on the Fall Town Meeting warrant to reimburse the Reserve Fund
from the Recreation a warrant article on the Fall Town Meeting warrant to reimburse the Reserve Fund from the Recreation
Enterprise Fund. Enterprise Fund.
A brief description of the issues is as follows: A brief description of the issues is as follows:
The VFD (variable frequency drive) to the pump station has failed. Staff are currently operating the The VFD (variable frequency drive) to the pump station has failed. Staff are currently
operating the
pumps manually and the replacement part is approximately six weeks out, once ordered. The current VFD pumps manually and the replacement part is approximately six weeks out, once ordered.
The current VFD
is outdated and the new VFD will be approximately $24,000. is outdated and the new VFD will be approximately $24,000.
Also, both wells have failed and are inoperable. An assessment was made this morning by a local service Also, both wells have failed and are inoperable. An assessment was made this morning
by a local service
provider. These wells were installed in 1998. The work is estimated to be $15,000 per well, for an provider. These wells were installed in 1998. The work is estimated to be $15,000 per
well, for an
approximate total of $30,000. There is a possibility that they may need to be fully replaced which will be
known once the initial work begins.
Glenn Parker, Chair of the Appropriation Committee, stated that the Committee has a posted agenda to
meet this Thursday to consider the request and will get a recommendation back to the Board as soon as
possible.
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request for a
Reserve Fund transfer for the golf course repairs, contingent upon the approval and recommendation of
the Appropriation Committee, and to further authorize the Select Board Chair to sign on behalf of the
Board as appropriate.
8. Follow Up Discussion - Plastic Bottle Phase Out Policy
Mr. Malloy reviewed the edited, redlined version of the Single Use Plastic Bottle Phase Out Policy based
on previous Select Board discussions. The paragraph highlighted in yellow was the only outstanding
paragraph. The Board at its last meeting requested that wording be inserted that would indicate the Board
would be taking up a policy to address third party users of Town property.
Mr. Sandeen asked ifthehe propopononentshave taken this upwith theheSchohohooolls as well.Mr. Malloy
explained thahatthislikely will notbebe taken up with the Schohoolsuntntil thehey areback in sessionon
in thefall.
Ms. Barry asked if Town Counsel has reviewed this. Mr. Malloy stated that he does not believe so, but Ms. Barry asked if Town Counsel has reviewed this. Mr. Malloy stated that he does
not believe so, but
this can be done.
The Board discussed changing some of the language within the policy. The Board discussed changing some of the language within the policy.
Janet Kern, member of Lexington Zero Waste Collaborative, voiced support for this policy, and reminded Janet Kern, member of Lexington Zero Waste Collaborative, voiced support for this
policy, and reminded Janet Kern, member of Lexington Zero Waste Collaborative, voiced support for this policy, and reminded
everyone that it was modeled after an Executive Order from Governor Healy that went into effect last fall. everyone that it was modeled after an Executive Order from Governor Healy that
went into effect last fall. everyone that it was modeled after an Executive Order from Governor Healy that went into effect last fall.
Any reduction in plastic consumption helps reduce the Town’s reliance on fossil fuels and thereby Any reduction in plastic consumption helps reduce the Town’s reliance on fossil fuels
and thereby Any reduction in plastic consumption helps reduce the Town’s reliance on fossil fuels and thereby Any reduction in plastic consumption helps reduce the Town’s reliance on
fossil fuels and thereby
supports the Town’s Climate Action Plan and Zero Waste Plan. supports the Town’s Climate Action Plan and Zero Waste Plan. supports the Town’s Climate Action Plan and Zero Waste Plan.
Laura Swain, Board president of Lex Zero Waste, stated that the September 1, 2024, deadline may be a Laura Swain, Board president of Lex Zero Waste, stated that the September 1, 2024,
deadline may be a Laura Swain, Board president of Lex Zero Waste, stated that the September 1, 2024, deadline may be a
little aggressive to have the Town Departments submit statements to the Town Manager. She also sat in little aggressive to have the Town Departments submit statements to the Town Manager.
She also sat in little aggressive to have the Town Departments submit statements to the Town Manager. She also sat in
on a policy subcommittee meeting of the School Committee which was preparing to put forth essentially on a policy subcommittee meeting of the School Committee which was preparing to
put forth essentially on a policy subcommittee meeting of the School Committee which was preparing to put forth essentially on a policy subcommittee meeting of the School Committee
which was preparing to put forth essentially
the same version of this policy with appropriate revisions for the Schools. She suggested the Board the same version of this policy with appropriate revisions for the Schools. She suggested
the Board the same version of this policy with appropriate revisions for the Schools. She suggested the Board the same version of this policy with appropriate revisions for the Schools.
She suggested the Board
commit to a certain date to draft the policy.commit to a certain date to draft the policy.
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Single Use : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Single
Use : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Single Use
Plastic Bottle Phase Out Policy as amended. Plastic Bottle Phase Out Policy as amended. Plastic Bottle Phase Out Policy as amended.
DOCUMENTS: DOCUMENTS:
Redline Policy, Clean Policy Redline Policy, Clean Policy Redline Policy, Clean Policy
ADJOURN
VOTE
: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn
at : Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at
8:09pm. 8:09pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary
Finance Summit - Lexington High School Building Project
Select Board, School Committee, Appropriation Committee, Capital Expenditures Committee,
Recreation Committee and School Building Committee
August 15, 2024
The Finance Summit regarding the Lexington High School building project was called to order by Select
Board Chair Doug Lucente at 7:00 p.m. on Thursday, August 15, 2024, via remote meeting services.
Present for the Select Board (SB): Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen as
well as Mr. Malloy, Town Manager; and Ms. Katzenback, Executive Clerk
Present for the School Committee (SC): Ms. Cuthbertson, Chair; Ms. Sawhney, Vice Chair; Ms. Lenihan; Present for the School Committee (SC): Ms. Cuthbertson, Chair; Ms. Sawhney, Vice
Chair; Ms. Lenihan;
and Mr. Freeman
Present for the Appropriation Committee (AC): Mr. Parker, Chair; Mr. Ahuja; Mr. Bartenstein; Mr. Present for the Appropriation Committee (AC): Mr. Parker, Chair; Mr. Ahuja; Mr. Bartenstein;
Mr. Present for the Appropriation Committee (AC): Mr. Parker, Chair; Mr. Ahuja; Mr. Bartenstein; Mr.
Levine; Mr. Michelson; Mr. Osborne; Ms. Verma; Mr. Padaki; and Ms. Yan Levine; Mr. Michelson; Mr. Osborne; Ms. Verma; Mr. Padaki; and Ms. Yan Levine; Mr. Michelson; Mr. Osborne; Ms.
Verma; Mr. Padaki; and Ms. Yan
Present for the Capital Expenditures Committee (CEC): Mr. Lamb, Chair; Mr. Kanter, Clerk; Ms. Present for the Capital Expenditures Committee (CEC): Mr. Lamb, Chair; Mr. Kanter, Clerk;
Ms. Present for the Capital Expenditures Committee (CEC): Mr. Lamb, Chair; Mr. Kanter, Clerk; Ms.
Rhodes, Vice Chair; Ms. Beebee; and Mr. Cole
Present for the School Building Committee (SBC): Ms. Lenihan, Chair; Mr. Cronin; Ms. Kosnoff; Mr. Present for the School Building Committee (SBC): Ms. Lenihan, Chair; Mr. Cronin; Ms.
Kosnoff; Mr. Present for the School Building Committee (SBC): Ms. Lenihan, Chair; Mr. Cronin; Ms. Kosnoff; Mr. Present for the School Building Committee (SBC): Ms. Lenihan, Chair; Mr.
Cronin; Ms. Kosnoff; Mr.
Malloy; Mr. Pato; Ms. Hackett; Mr. Himmel; Mr. Barrett; Mr. Baker; Mr. Min Sha; Mr. Favazzo; Ms. Malloy; Mr. Pato; Ms. Hackett; Mr. Himmel; Mr. Barrett; Mr. Baker; Mr. Min Sha; Mr. Favazzo;
Ms. Malloy; Mr. Pato; Ms. Hackett; Mr. Himmel; Mr. Barrett; Mr. Baker; Mr. Min Sha; Mr. Favazzo; Ms. Malloy; Mr. Pato; Ms. Hackett; Mr. Himmel; Mr. Barrett; Mr. Baker; Mr. Min Sha;
Mr. Favazzo; Ms.
Slavsky; and Mr. Levine
Present for the Recreation Committee (RC): Mr. Boutwell, Vice Chair; Mr. Fantasia; Ms. Sheth; and Mr. Present for the Recreation Committee (RC): Mr. Boutwell, Vice Chair; Mr. Fantasia;
Ms. Sheth; and Mr. Present for the Recreation Committee (RC): Mr. Boutwell, Vice Chair; Mr. Fantasia; Ms. Sheth; and Mr.
Bassik
Also present: Ms. Kosnoff, Assistant Town Manager for Finance; and Mr. Cronin, Director of Public Also present: Ms. Kosnoff, Assistant Town Manager for Finance; and Mr. Cronin, Director
of Public Also present: Ms. Kosnoff, Assistant Town Manager for Finance; and Mr. Cronin, Director of Public
Facilities; Dr. Hackett, Superintendent of Schools Facilities; Dr. Hackett, Superintendent of Schools
All boards and committee called their groups to order with a roll of attendance. All boards and committee called their groups to order with a roll of attendance. All boards and committee
called their groups to order with a roll of attendance. All boards and committee called their groups to order with a roll of attendance.
Public comment will not be taken this evening, and no votes or decisions will be made. Public comment will not be taken this evening, and no votes or decisions will be made. Public
comment will not be taken this evening, and no votes or decisions will be made.
Mr. Pato stated that last night's High School Project Community Forum #6 was disrupted by an Mr. Pato stated that last night's High School Project Community Forum #6 was disrupted by
an Mr. Pato stated that last night's High School Project Community Forum #6 was disrupted by an
anonymous Zoom bomber who used a racial slur and posted inappropriate comments in the webinar’s anonymous Zoom bomber who used a racial slur and posted inappropriate comments in the
webinar’s anonymous Zoom bomber who used a racial slur and posted inappropriate comments in the webinar’s
chat feature. Hate speech in all forms is anathema to the community's values and has no place in chat feature. Hate speech in all forms is anathema to the community's values and has
no place in
Lexington. The Town is actively investigating this incident, and any information should be reported to the Lexington. The Town is actively investigating this incident, and any information
should be reported to the
Town Manager or Superintendent of Schools. Town Manager or Superintendent of Schools.
ITEMS FOR INDIVIDUAL CONSIDERATION ITEMS FOR INDIVIDUAL CONSIDERATION
1. Informational Summit - Select Board, Appropriation Committee, Capital Expenditures
Committee, School Committee, School Building Committee and Recreation Committee
Discuss Potential Projects related to Lexington High School Building Project
Field House
o
Swimming Pool
o
Mr. Malloy stated comments have been raised about the potential of a new Field House and a swimming
pool for the High School Project. As such the School Building Committee recommended having a
summit to provide information and begin the discussion
SMMA, architects for the project, reviewed the timeline for the High School Building project noting the
target date to vote the preferred High School Building design is by November 12, 2024 in order to move
forward into schematic design. It was explained it would be key to understand at that time if the Town is
going to continue to study the potential of including a pool and a field house. The five remaining High
School Building project design options are being studied in great detail. All of the five options begin with
the assumption of a design enrollment of 2,395 students. They all use the same program area of roughly
460,000 s.f. They use the same fundamental principles of planning for next generation teaching and
learning, as described in the District's educational plan. The addition renovation is the only scheme that is
not a four-story building. This is a two-story building which tries to leverage the existing structures of the
science and math buildings. This would essentially be a gut renovation in order to meet all the new energy science and math buildings. This would essentially be a gut renovation in order
to meet all the new energy
codes and allow for a high performing future-looking school. This option would be phased in place, codes and allow for a high performing future-looking school. This option would be phased
in place,
constructing new pieces wing-by-wing, as students are moved around into modular classrooms. constructing new pieces wing-by-wing, as students are moved around into modular classrooms.
SMMA noted that the Massachusetts School Building Authority (MSBA) will not fund construction of a SMMA noted that the Massachusetts School Building Authority (MSBA) will not fund construction
of a SMMA noted that the Massachusetts School Building Authority (MSBA) will not fund construction of a
field house or a pool. MSBA has advised these would require a separate warrant article, separate ballot field house or a pool. MSBA has advised these would require a separate warrant
article, separate ballot field house or a pool. MSBA has advised these would require a separate warrant article, separate ballot
question, and separate funding from the High School project. question, and separate funding from the High School project.
Currently, Lexington practices at the indoor track in the existing field house. It is approximately 34,400 Currently, Lexington practices at the indoor track in the existing field house.
It is approximately 34,400 Currently, Lexington practices at the indoor track in the existing field house. It is approximately 34,400
s.f., with a146 meter banked track, four lanes, and a six-lane straightaway. Lexington competes at the s.f., with a146 meter banked track, four lanes, and a six-lane straightaway. Lexington
competes at the s.f., with a146 meter banked track, four lanes, and a six-lane straightaway. Lexington competes at the
New Balance track, in Brighton, the Reggie Lewis Center, in Roxbury, and the Boston University Track New Balance track, in Brighton, the Reggie Lewis Center, in Roxbury, and the Boston
University Track New Balance track, in Brighton, the Reggie Lewis Center, in Roxbury, and the Boston University Track New Balance track, in Brighton, the Reggie Lewis Center, in Roxbury,
and the Boston University Track
& Tennis Center. Five options for the field house are being reviewed: to renovate in place the existing & Tennis Center. Five options for the field house are being reviewed: to renovate
in place the existing & Tennis Center. Five options for the field house are being reviewed: to renovate in place the existing & Tennis Center. Five options for the field house are being
reviewed: to renovate in place the existing
field house (approx. $30M), to renovate and add onto the existing field house to elongate it (appx $51M), field house (approx. $30M), to renovate and add onto the existing field house
to elongate it (appx $51M), field house (approx. $30M), to renovate and add onto the existing field house to elongate it (appx $51M),
a small build with a 140-meter track ($41M), a medium build with a four lane 200-meter track ($68M), a small build with a 140-meter track ($41M), a medium build with a four lane 200-meter
track ($68M), a small build with a 140-meter track ($41M), a medium build with a four lane 200-meter track ($68M),
and a large build with a six lane 200-meter track ($79M). and a large build with a six lane 200-meter track ($79M).
Regarding the swimming pool options, Lexington currently practices swimming at the old Boston Sports Regarding the swimming pool options, Lexington currently practices swimming at the
old Boston Sports Regarding the swimming pool options, Lexington currently practices swimming at the old Boston Sports Regarding the swimming pool options, Lexington currently practices
swimming at the old Boston Sports
Club. There is no current indoor facility at the existing High School.Club. There is no current indoor facility at the existing High School.Club. There is no current indoor facility
at the existing High School.The girls compete at the Atkinson The girls compete at the Atkinson
pool in Sudbury, and the boys compete at the Beede Center in Concord. A new pool with six lanes, 300 pool in Sudbury, and the boys compete at the Beede Center in Concord. A new pool
with six lanes, 300 pool in Sudbury, and the boys compete at the Beede Center in Concord. A new pool with six lanes, 300
seat bleachers, and an 8’ deck around the pool would cost approximately $25M. seat bleachers, and an 8’ deck around the pool would cost approximately $25M. seat bleachers, and an 8’
deck around the pool would cost approximately $25M.
Ms. Kosnoff reviewed the proposed financing options for the field house and swimming pool. The field Ms. Kosnoff reviewed the proposed financing options for the field house and swimming
pool. The field Ms. Kosnoff reviewed the proposed financing options for the field house and swimming pool. The field Ms. Kosnoff reviewed the proposed financing options for the field
house and swimming pool. The field
house renovation option, approximately a $30M project cost, would result in an annual debt service of house renovation option, approximately a $30M project cost, would result in an annual
debt service of house renovation option, approximately a $30M project cost, would result in an annual debt service of
approximately $2.2M/ year, or approximately $150 per household with an average a median value of approximately $2.2M/ year, or approximately $150 per household with an average a median
value of approximately $2.2M/ year, or approximately $150 per household with an average a median value of
$1.3M. The largest option for the field house would cost the average household $396 per year. Adding a $1.3M. The largest option for the field house would cost the average household
$396 per year. Adding a $1.3M. The largest option for the field house would cost the average household $396 per year. Adding a
pool onto that would cost an additional $125 per household per year. Mr. Malloy stated that Staff would pool onto that would cost an additional $125 per household per year. Mr. Malloy
stated that Staff would pool onto that would cost an additional $125 per household per year. Mr. Malloy stated that Staff would
recommend considering this proposal at 20 years at 4%, whether level payment or level principal. recommend considering this proposal at 20 years at 4%, whether level payment or level
principal.
Mr. Padaki (AC) asked about the Article 97 process for the High School project and the potential field Mr. Padaki (AC) asked about the Article 97 process for the High School project
and the potential field
house/pool projects. SMMA explained that Article 97 is an active legislation that changes the land swap. house/pool projects. SMMA explained that Article 97 is an active legislation
that changes the land swap.
The process takes approximately one year but SMMA cannot submit for the process until a preferred The process takes approximately one year but SMMA cannot submit for the process until
a preferred
alternative has been determined. A vote at Town Meeting is needed to agree with the swap.
Mr. Padaki (AC) asked about potential efficiencies in combining the LHS building project with the new
field house and swimming pool projects. SMMA explained that the Town may want the new buildings to
be similar in materiality and design approaches. There will be an overlap in the planning stages for these
projects and there is an escalation factor to consider.
Mr. Parker (AC) stated that his biggest concern is the added expense for these athletic facilities. He asked
if any modeling is being done to find out what the real net impact to the Town will be. Mr. Malloy stated
that the School Department and Recreation Department would need to determine programming
recommendations and other considerations. These analyses have not yet been completed.
Mr. Bartenstein (AC) stated that he was surprised that the cost of the pool was much less than any of the
field house options. SMMA explained that the pool will likely be more expensive to operate than the field
house.
Mr. Levine (AC) stated that, in terms of the financing plans, all the plans shown for financing the High
School involve 30-year borrowing. It would be strange to borrow for 20 years for a project that is more or
less coterminous. He noted that the Lexington swim team currently practices at the Boston Sports Club
pool. That parcel has been a subject of possible redevelopment plans. If or when it is redeveloped, the pool. That parcel has been a subject of possible redevelopment plans. If or when
it is redeveloped, the
pool will likely go away.
Mr. Bartenstein (AC) stated that the emails received from the supporters of a new field house seem to be Mr. Bartenstein (AC) stated that the emails received from the supporters of a
new field house seem to be
interested in a training facility. He asked how much bleacher space is really needed, if this is to be used interested in a training facility. He asked how much bleacher space is really
needed, if this is to be used interested in a training facility. He asked how much bleacher space is really needed, if this is to be used
for a training facility. Reduction in the bleacher space could lead to a more economical project and may for a training facility. Reduction in the bleacher space could lead to a more
economical project and may for a training facility. Reduction in the bleacher space could lead to a more economical project and may
show the Town that this is being built to a need and not to a want. SMMA explained that the number of show the Town that this is being built to a need and not to a want. SMMA explained
that the number of show the Town that this is being built to a need and not to a want. SMMA explained that the number of
lanes is driving the size of the track. The bleachers itself are approximately 10’ deep when opened. This lanes is driving the size of the track. The bleachers itself are approximately
10’ deep when opened. This lanes is driving the size of the track. The bleachers itself are approximately 10’ deep when opened. This
will not make a significant difference to the overall size of the building. will not make a significant difference to the overall size of the building.
Mr. Cole (CEC) stated that he would like to better understand the cost drivers for the field house, as it Mr. Cole (CEC) stated that he would like to better understand the cost drivers
for the field house, as it Mr. Cole (CEC) stated that he would like to better understand the cost drivers for the field house, as it Mr. Cole (CEC) stated that he would like to better
understand the cost drivers for the field house, as it
appears to be a simple building. There will need to be a substantial public ability to use these facilities appears to be a simple building. There will need to be a substantial public
ability to use these facilities appears to be a simple building. There will need to be a substantial public ability to use these facilities appears to be a simple building. There will
need to be a substantial public ability to use these facilities
moving forward, in order to justify the cost. moving forward, in order to justify the cost.
Ms. Rhodes (CEC) asked if the pool is being considered for accessibility features. SMMA explained that Ms. Rhodes (CEC) asked if the pool is being considered for accessibility features.
SMMA explained that Ms. Rhodes (CEC) asked if the pool is being considered for accessibility features. SMMA explained that
the pool design includes a ramp into the pool, and a chair lift into the pool. the pool design includes a ramp into the pool, and a chair lift into the pool. the pool design includes
a ramp into the pool, and a chair lift into the pool. the pool design includes a ramp into the pool, and a chair lift into the pool.
Mr. Kanter (CEC) asked about the role of the Capital Stabilization Fund in this process. Ms. Kosnoff Mr. Kanter (CEC) asked about the role of the Capital Stabilization Fund in this process.
Ms. Kosnoff Mr. Kanter (CEC) asked about the role of the Capital Stabilization Fund in this process. Ms. Kosnoff
explained that the messaging for the project has been that this will be used for the School project. explained that the messaging for the project has been that this will be used for
the School project. explained that the messaging for the project has been that this will be used for the School project.
Mr. Lamb (CEC) asked who all the stakeholders are for a field house and a pool and if they have been Mr. Lamb (CEC) asked who all the stakeholders are for a field house and a pool and
if they have been Mr. Lamb (CEC) asked who all the stakeholders are for a field house and a pool and if they have been Mr. Lamb (CEC) asked who all the stakeholders are for a field
house and a pool and if they have been
involved in discussions. involved in discussions.
Ms. Cuthbertson (SC) noted that the Article 97 line runs between the corridor and the edge of the field Ms. Cuthbertson (SC) noted that the Article 97 line runs between the corridor
and the edge of the field Ms. Cuthbertson (SC) noted that the Article 97 line runs between the corridor and the edge of the field
house. She asked about the process for potentially building a new field house and if there are differences house. She asked about the process for potentially building a new field house
and if there are differences house. She asked about the process for potentially building a new field house and if there are differences
between renovating in place, expanding, or demolishing and then building a new one. SMMA explained between renovating in place, expanding, or demolishing and then building a new one.
SMMA explained between renovating in place, expanding, or demolishing and then building a new one. SMMA explained
that it will be important for the design team to understand if the field house is being planned for or not. that it will be important for the design team to understand if the field house
is being planned for or not.
Even the renovation choice will require making those exterior walls wider and this will need to be Even the renovation choice will require making those exterior walls wider and this
will need to be
accounted for in terms of Article 97. accounted for in terms of Article 97.
Ms. Sheth (RC) stated that the field house has only been discussed in terms of being a track, but the Ms. Sheth (RC) stated that the field house has only been discussed in terms of being
a track, but the
interior of the track is also a basketball court, a wrestling area, and a batting cage. The Department is
running at a significant deficit for interior recreation space. This field house could offset some of these
deficits.
Ms. Sawhney (SC) noted that, if the MSBA will not fund any portion of a new swimming pool, and may
fund a portion of the field house, the Town would have to treat them as separate projects and go through a
separate bid process for finding design and construction teams. She asked if there could end up being
three design teams and three construction teams working on all the projects at one time. SMMA explained
that this could occur. Ms. Sawhney explained that it will be important to determine which costs fall in
which buckets once construction begins. She asked if the loss of revenue to the Recreation Department
based on loss of field space should be invoiced on the design side of the invoices. Mr. Malloy stated that
any losses in revenue that the Recreation Department has during the term of the construction would not
come out of the project costs, because the Town would not want to bond and pay for that over 30 years.
Ms. Sawhney suggested a data modeling method for explaining the financial pieces of the project.
Ms. Lenihan (SC) noted that the proposed gym is approximately 18,000 s.f., which is larger than the
current gym. She asked if the larger space could lead to additional uses of the indoor facility that are
needed. SMMA agreed that the plan will be for physical education stations that could be used afterschool
for other activities.
In response to a question from Ms. Lenihan (SC), SMMA stated that, if the Town decides to ask its In response to a question from Ms. Lenihan (SC), SMMA stated that, if the Town decides
to ask its
residents to approve a Town Meeting Article and a debt exclusion for a pool and a field house, the Town residents to approve a Town Meeting Article and a debt exclusion for a pool and
a field house, the Town
will likely want to have some detail on it. At a minimum, this would be a schematic design for those will likely want to have some detail on it. At a minimum, this would be a schematic
design for those
facilities. Ms. Lenihan noted that if the groups decide that they are not comfortable making a decision on facilities. Ms. Lenihan noted that if the groups decide that they are not comfortable
making a decision on
these items for November, it will likely mean that those two votes would not only be decoupled on the these items for November, it will likely mean that those two votes would not only
be decoupled on the these items for November, it will likely mean that those two votes would not only be decoupled on the
ballot, but they would also be decoupled in time.
In response to a question from Mr. Min Sha (SBC), SMMA stated that a field house is generally between In response to a question from Mr. Min Sha (SBC), SMMA stated that a field house
is generally between In response to a question from Mr. Min Sha (SBC), SMMA stated that a field house is generally between
36’-40’ tall. This will be a tall space. The feel and approach to that on Worthen Road is something to be 36’-40’ tall. This will be a tall space. The feel and approach to that on Worthen
Road is something to be 36’-40’ tall. This will be a tall space. The feel and approach to that on Worthen Road is something to be
considered. The intention is to plan the gymnasium closest to that end to tie in the articulation and considered. The intention is to plan the gymnasium closest to that end to tie in
the articulation and considered. The intention is to plan the gymnasium closest to that end to tie in the articulation and
language of the fenestration and not block natural light. language of the fenestration and not block natural light.
Dr. Hackett (SBC) stated that she believes the purpose of this meeting is to try to get some traction Dr. Hackett (SBC) stated that she believes the purpose of this meeting is to try
to get some traction Dr. Hackett (SBC) stated that she believes the purpose of this meeting is to try to get some traction
around what the community wants, and a direction that these groups want to go in. The base project is around what the community wants, and a direction that these groups want to go in.
The base project is around what the community wants, and a direction that these groups want to go in. The base project is
critical as the schools are already significantly overcrowded. The project design has been conservative. critical as the schools are already significantly overcrowded. The project design
has been conservative. critical as the schools are already significantly overcrowded. The project design has been conservative.
The project looks to maximize its reimbursement potential, while not maximizing the square footage. The project looks to maximize its reimbursement potential, while not maximizing the
square footage. The project looks to maximize its reimbursement potential, while not maximizing the square footage. The project looks to maximize its reimbursement potential, while
not maximizing the square footage.
Mr. Baker (SBC) asked if there was a fair analysis regarding advocacy for the pool that proceeded the Mr. Baker (SBC) asked if there was a fair analysis regarding advocacy for the pool
that proceeded the Mr. Baker (SBC) asked if there was a fair analysis regarding advocacy for the pool that proceeded the
project, as the swim team has never had a local spot to practice or compete. Ms. Sawhney (SC) – stated project, as the swim team has never had a local spot to practice or compete. Ms.
Sawhney (SC) – stated project, as the swim team has never had a local spot to practice or compete. Ms. Sawhney (SC) – stated
that she believes around 60-70 students participate in the swim team, whereas approximately 250 children that she believes around 60-70 students participate in the swim team, whereas
approximately 250 children that she believes around 60-70 students participate in the swim team, whereas approximately 250 children
participate in track. It is important to think of the challenges that the swim team members currently face. participate in track. It is important to think of the challenges that the
swim team members currently face. participate in track. It is important to think of the challenges that the swim team members currently face. participate in track. It is important to
think of the challenges that the swim team members currently face.
Mr. Boutwell (RC) stated that the Committee tends to look at needs versus wants, the value to the Mr. Boutwell (RC) stated that the Committee tends to look at needs versus wants, the
value to the Mr. Boutwell (RC) stated that the Committee tends to look at needs versus wants, the value to the
community at large, how projects will impact the Recreation Enterprise Fund, how projects will impact community at large, how projects will impact the Recreation Enterprise Fund, how
projects will impact community at large, how projects will impact the Recreation Enterprise Fund, how projects will impact
existing recreation land needs and land use, and how projects fit into the other Town priorities. The same existing recreation land needs and land use, and how projects fit into the
other Town priorities. The same existing recreation land needs and land use, and how projects fit into the other Town priorities. The same
priorities will be applied to considering these projects. Regarding potential community use of a pool, he priorities will be applied to considering these projects. Regarding potential
community use of a pool, he priorities will be applied to considering these projects. Regarding potential community use of a pool, he
asked if the schematic and estimated pricing include zero entry or other accommodations for use by asked if the schematic and estimated pricing include zero entry or other accommodations
for use by
community members of differing abilities, and/ or heating. SMMA stated that the pool is heated and community members of differing abilities, and/ or heating. SMMA stated that the pool
is heated and
includes a ramp and wheelchair lift. includes a ramp and wheelchair lift.
Mr. Boutwell (RC) suggested showing the massing elevations of the five field house options. He also Mr. Boutwell (RC) suggested showing the massing elevations of the five field house
options. He also
requested that the financial models compile the current estimates of the five building options to show the
potential overall impact on the taxpayer.
In response to a question from Mr. Bassik (RC), Mr. Cronin explained that, in the current 20-year Capital
Plan, the field house comes underneath the entire High School facility. The single building alone, in the
next ten years, contains a $15M amount for some capital work, to keep the building as is. If changes are
made to the main building, something will need to be done to the field house. These capital items have
been held off on as they were anticipated as part of the High School project.
Ms. Sheth (RC) expressed concern regarding the fact that some of the residents are blanching at a $600M
High School construction project, and she is worried about how the town will view the renovation of the
field house and the addition of a pool. She also asked about access. The concern is that the field house and
pool, if they are attached to the School, will not be available to the general public during school hours,
and presumably students will also get first rights. She asked if there could potentially be separate
entrances and management in order to encourage additional accessibility for the community. Dr. Hackett
agreed that this should be further discussed once a design is determined.
Ms. Barry (SB) asked if there has been any modeling done regarding the increased square footage for the
new High School building, the potential for a pool and/or a field house, and the Article 97 items, as to
what the impacts of all of these might be on the municipal budget, the School budget, or the enterprise what the impacts of all of these might be on the municipal budget, the School
budget, or the enterprise
budget. She asked if an operating override is expected in one of the upcoming years. Mr. Malloy budget. She asked if an operating override is expected in one of the upcoming years. Mr.
Malloy
explained that this is a debt excluded project, and so the debt should not impact the Town operations.explained that this is a debt excluded project, and so the debt should not impact
the Town operations.If
there was a driver for an operational override, it would probably be for any increased costs related to the there was a driver for an operational override, it would probably be for any
increased costs related to the
operation costs above and beyond what the School would typically see from year to year. operation costs above and beyond what the School would typically see from year to year. operation
costs above and beyond what the School would typically see from year to year.
Ms. Barry (SB) asked if adding a field house and/or a pool to the Town’s debt load would potentially Ms. Barry (SB) asked if adding a field house and/or a pool to the Town’s debt load
would potentially Ms. Barry (SB) asked if adding a field house and/or a pool to the Town’s debt load would potentially
affect other forecasted or upcoming building projects in the Capital Plan queue, in particular the East affect other forecasted or upcoming building projects in the Capital Plan queue,
in particular the East affect other forecasted or upcoming building projects in the Capital Plan queue, in particular the East
Lexington Fire Station. Mr. Malloy stated that, on the School alone, he does not believe the East Lexington Fire Station. Mr. Malloy stated that, on the School alone, he does not believe
the East Lexington Fire Station. Mr. Malloy stated that, on the School alone, he does not believe the East
Lexington Fire Station would be jeopardized, but additional recreational amenities could cause a reason to Lexington Fire Station would be jeopardized, but additional recreational amenities
could cause a reason to Lexington Fire Station would be jeopardized, but additional recreational amenities could cause a reason to
pause or delay other projects until the debt service payments came back down to where the Select Board pause or delay other projects until the debt service payments came back down to
where the Select Board pause or delay other projects until the debt service payments came back down to where the Select Board pause or delay other projects until the debt service payments
came back down to where the Select Board
and the community felt they could afford to move forward. and the community felt they could afford to move forward. and the community felt they could afford to move forward.
Ms. Barry (SB) noted that the Select Board heard from the community about the need for a community Ms. Barry (SB) noted that the Select Board heard from the community about the need
for a community Ms. Barry (SB) noted that the Select Board heard from the community about the need for a community
pool when access to the Minuteman’s pool went away. At one time the Town had discussed putting this at pool when access to the Minuteman’s pool went away. At one time the Town had discussed
putting this at pool when access to the Minuteman’s pool went away. At one time the Town had discussed putting this at
the Community Center. She asked how the decision was made to instead put it at the High School the Community Center. She asked how the decision was made to instead put it at the High
School the Community Center. She asked how the decision was made to instead put it at the High School the Community Center. She asked how the decision was made to instead put it at
the High School
campus. She noted that the elected officials may need to consider how to get a High School passed along campus. She noted that the elected officials may need to consider how to get a
High School passed along campus. She noted that the elected officials may need to consider how to get a High School passed along campus. She noted that the elected officials may need
to consider how to get a High School passed along
with considering a pool and/or field house. with considering a pool and/or field house.
Mr. Sandeen (SB) asked if any of the five High School design options would be impacted by the field Mr. Sandeen (SB) asked if any of the five High School design options would be impacted
by the field Mr. Sandeen (SB) asked if any of the five High School design options would be impacted by the field
house choice. SMMA explained that the field house location is currently situated on the knoll, away from house choice. SMMA explained that the field house location is currently situated
on the knoll, away from house choice. SMMA explained that the field house location is currently situated on the knoll, away from house choice. SMMA explained that the field house location
is currently situated on the knoll, away from
the School and not on any fields. No field space will be lost from any of the designs, and they should not the School and not on any fields. No field space will be lost from any of the
designs, and they should not the School and not on any fields. No field space will be lost from any of the designs, and they should not the School and not on any fields. No field space
will be lost from any of the designs, and they should not
impact the School design options. impact the School design options.
Mr. Sandeen (SB) stated that he would like to hear from the Lexington School staff whether they have a Mr. Sandeen (SB) stated that he would like to hear from the Lexington School staff
whether they have a Mr. Sandeen (SB) stated that he would like to hear from the Lexington School staff whether they have a
recommendation regarding the size of the field house. He stated that his concern regarding the pool is that recommendation regarding the size of the field house. He stated that his concern
regarding the pool is that recommendation regarding the size of the field house. He stated that his concern regarding the pool is that
the Town needs to consider the total operating cost of managing it, including energy and staffing. It will the Town needs to consider the total operating cost of managing it, including
energy and staffing. It will
be important to present the total cost of running a pool, including the debt service, plus operating and be important to present the total cost of running a pool, including the debt
service, plus operating and
maintenance costs. He would like to hear from the Recreation Department and the Recreation Committee maintenance costs. He would like to hear from the Recreation Department and the Recreation
Committee
regarding their desire and/or capacity for managing this. regarding their desire and/or capacity for managing this.
Ms. Hai (SB) stated that the planning for the High School has been ongoing for some time. The issue
about the field house and the pool seems to have come up more suddenly, and she feels that the Town is
being forced to decide without the opportunity to have the same kind of thoughtful analysis. She is not
convinced that there is a lot to be gained by pushing this issue right now.
Mr. Pato (SB) noted that the Town has to start planning for a potential field house as part of the High
School design. He has concerns about what operating costs might be for a pool. He also believes that
there may be a reasonable probability that there will be a need to expand the educational capacity of the
existing school over the next 75 years on this property.
In response to a question from Mr. Lucente (SB), Ms. Kosnoff explained that the dollars estimated for the
total project are inflated to the midpoint of the construction project. Regarding the taxpayer impact, it is
based off today's average single-family home, but property values will likely change over the next couple
years.
Mr. Lucente (SB) asked for information regarding how many hours the current field house is used and
what the design for the gymnasium included in the new High School will contain. He noted that all of the
designs seem constrained by Worthen Road, and he would like to further consider the possibility of
moving the road in order to gain additional land that could be used.
Mr. Lucente (SB) asked each of the committees to reflect on today’s discussion and stated that a future Mr. Lucente (SB) asked each of the committees to reflect on today’s discussion
and stated that a future
summit will be scheduled to bring everyone back together sometime in September 2024 for further summit will be scheduled to bring everyone back together sometime in September 2024 for
further
discussion regarding a potential swimming pool and/or new field house. discussion regarding a potential swimming pool and/or new field house.
DOCUMENTS:
Project Presentation - Options on Field House and Pool, Single Family TaxImpact Analysis Project Presentation - Options on Field House and Pool, Single Family TaxImpact Analysis Project
Presentation - Options on Field House and Pool, Single Family TaxImpact Analysis
- Level Payment, Single Family TaxImpact Analysis - Level Principal- Level Payment, Single Family TaxImpact Analysis - Level Principal- Level Payment, Single Family TaxImpact Analysis
- Level Principal
ADJOURN
Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call
to adjourn the meeting at Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to adjourn the meeting at Upon a motion duly made and seconded, the Select Board
voted 5-0 by roll call to adjourn the meeting at
9:34p.m. The Appropriation Committee, Capital Expenditures Committee, School Committee, School 9:34p.m. The Appropriation Committee, Capital Expenditures Committee, School Committee,
School 9:34p.m. The Appropriation Committee, Capital Expenditures Committee, School Committee, School 9:34p.m. The Appropriation Committee, Capital Expenditures Committee, School Committee,
School 9:34p.m. The Appropriation Committee, Capital Expenditures Committee, School Committee, School
Building Committee, and Recreation Committee followed suit. Building Committee, and Recreation Committee followed suit. Building Committee, and Recreation Committee followed suit. Building
Committee, and Recreation Committee followed suit.
A true record; Attest:
Kristan Patenaude
Recording Secretary
SELECT BOARD MEETING
August 19, 2024
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, August 19, A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, August
19,
2024, via a hybrid meeting platform.2024, via a hybrid meeting platform.Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms.
Hai, and Mr. Sandeen,
were present, as well as Mina Makarious, Town Counsel; Ms. Axtell, Deputy Town Manager;were present, as well as Mina Makarious, Town Counsel; Ms. Axtell, Deputy Town Manager;and Ms.
Katzenback, Executive Clerk.
Chair Lucente called the meeting to order at 6:31pm.
CONSENT AGENDA
1. Approve Battle Green Use Request – Lexington Historical Society - Lafayette Returns: A Approve Battle Green Use Request – Lexington Historical Society - Lafayette Returns: A
Historic Reenactment of the 1824 Welcome Ceremony Historic Reenactment of the 1824 Welcome Ceremony
Monday, September 2, 2024, from 9:00am - 2:00pm Monday, September 2, 2024, from 9:00am - 2:00pm Monday, September 2, 2024, from 9:00am - 2:00pm
To approve the request of the Lexington Historical Society to use the Battle Green from 9:00 am - 2:00pm To approve the request of the Lexington Historical Society to use the Battle
Green from 9:00 am - 2:00pm To approve the request of the Lexington Historical Society to use the Battle Green from 9:00 am - 2:00pm
for the Lafayette Returns event on Monday, September 2, 2024, as proposed. for the Lafayette Returns event on Monday, September 2, 2024, as proposed. for the Lafayette Returns event
on Monday, September 2, 2024, as proposed.
DOCUMENTS:
Lafayette Event Diagram & InformationLafayette Event Diagram & Information
2. Approve Request from Friends of the Bikeway to Place Signage on Minuteman Bikeway in Approve Request from Friends of the Bikeway to Place Signage on Minuteman Bikeway in Approve Request
from Friends of the Bikeway to Place Signage on Minuteman Bikeway in Approve Request from Friends of the Bikeway to Place Signage on Minuteman Bikeway in
advance of the Bikeway Block Party Event advance of the Bikeway Block Party Event
To approve the Friends of the Bikeway request to place approximately 10-12 18”x 24” signs To approve the Friends of the Bikeway request to place approximately 10-12 18”x 24” signs To
approve the Friends of the Bikeway request to place approximately 10-12 18”x 24” signs To approve the Friends of the Bikeway request to place approximately 10-12 18”x 24” signs
courtesy/safety lawn signs, approximately one every half mile, with one at each end of town limits along courtesy/safety lawn signs, approximately one every half mile, with one at each
end of town limits along courtesy/safety lawn signs, approximately one every half mile, with one at each end of town limits along courtesy/safety lawn signs, approximately one every
half mile, with one at each end of town limits along
the Lexington section of the Minuteman Bikeway beginning Sunday, September 1, 2024, through the Lexington section of the Minuteman Bikeway beginning Sunday, September 1, 2024, through
the Lexington section of the Minuteman Bikeway beginning Sunday, September 1, 2024, through the Lexington section of the Minuteman Bikeway beginning Sunday, September 1, 2024, through
September 15, 2024, as proposed. September 15, 2024, as proposed.
DOCUMENTS:
Bikeway Block Party Event/Safety Sign Bikeway Block Party Event/Safety Sign Bikeway Block Party Event/Safety Sign
3. Approve Battle Green Permit / Road Closure Request – Parkers Prelude Approve Battle Green Permit / Road Closure Request – Parkers Prelude Approve Battle Green Permit / Road Closure
Request – Parkers Prelude Approve Battle Green Permit / Road Closure Request – Parkers Prelude
Saturday, September 21, 2024, from 11:00am - 2:00pm Saturday, September 21, 2024, from 11:00am - 2:00pm Saturday, September 21, 2024, from 11:00am - 2:00pm
To approve the request of the Lexington Semiquincentennial Commission to use the Battle Green and To approve the request of the Lexington Semiquincentennial Commission to use the Battle
Green and To approve the request of the Lexington Semiquincentennial Commission to use the Battle Green and
close Massachusetts Avenue from Bedford Street up to Harrington Road for the Parker’s Prelude close Massachusetts Avenue from Bedford Street up to Harrington Road for the Parker’s Prelude
close Massachusetts Avenue from Bedford Street up to Harrington Road for the Parker’s Prelude
community festival on Saturday, September 21, 2024, from 11:00am to 2:00pm. community festival on Saturday, September 21, 2024, from 11:00am to 2:00pm.
DOCUMENTS:
Parkers Prelude Event Info & DiagramParkers Prelude Event Info & Diagram
4. Authorize Select Board Chair to Review, Approve, and Sign Letters of Support for Motts Authorize Select Board Chair to Review, Approve, and Sign Letters of Support for Motts
Grant Applicants
To authorize the Select Board Chair to Review, Approve and Sign Letters of Support on behalf of the
Select Board for inclusion with Motts Grant applications.
VOTE
: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent : Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda. Agenda.
EXECUTIVE SESSION
1.1.Exemption 2: Preparation for Negotiations with Nonunion Personnel - New Town Manager
2.2.Exemption 2: Preparation for Negotiations with Nonunion Personnel - Interim Town
Manager
VOTE:
Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive
Session at 6:36pm, underExemption 2 – To Conduct Strategy Sessions in Preparation for Negotiations
with Nonunion Personnel (Town Manager and Interim Town Manager). Further, it was declared that an
open meeting may have a detrimental effect on the bargaining position of the Town. The Select Board
will not reconvene into Open Session at the end of Executive Session. will not reconvene into Open Session at the end of Executive Session.
ADJOURN
VOTE:
Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 from the Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 from the Upon a motion
duly made and seconded, the Select Board voted by roll call 5-0 from the
Executive Session to adjourn both the Executive Session and Regular Meetings at 8:41p.m.Executive Session to adjourn both the Executive Session and Regular Meetings at 8:41p.m.Executive
Session to adjourn both the Executive Session and Regular Meetings at 8:41p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary
SELECT BOARD OFFICE
Whereas: our , in order to secure the blessings of liberty for themselves
and their posterity, did ordain and establish a Constitution for the United States of
America; and
Whereas: it is of the greatest importance that all citizens fully understand the provisions and
principles contained in the Constitution in order to effectively support, preserve
and defend it against all enemies; and
Whereas: the two hundred and thirty seventh anniversary of the signing of the Constitution
provides a historic opportunity for all Americans to remember the achievements
of the Framers of the Constitution and the rights, privileges, and responsibilities
they afforded us in this unique document; and
Whereas: the freedoms guaranteed to American citizens should be celebrated by appropriate
ceremonies and activities during Constitution Week, September 17 through 23 as
designated by proclamation of the President of the United States of America in
accordance with Public Law 915.
NOW, THEREFORE, WE, THE SELECT BOARD of Lexington, Massachusetts, do hereby
proclaim the week of September 17 through 23 as
Constitution Week
and urge all citizens to reflect during the week on the many benefits of our Federal Constitution
and the privileges and responsibilities of American Citizenship.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed
herewith on the 9th day of September 2024.
DOUGLAS M. LUCENTE, CHAIR SUZANNE E. BARRY
JOSEPH N. PATO JILL I. HAI
MARK D. SANDEEN
USE CAUTION:Do not
This email came from outside the Town of Lexington. click links, open attachments or respond to the email
unless
you recognize the sender, you are expecting the communication and you know the content is safe.
Dear Select Board members,
Housing Partnership Board
I am writing to give you notice of my resignation from the Committee, effective
immediately, due to some work/personal commitments. Wendy Manz- the chair, has already been informed.
I apologize for any inconvenience this may have caused.
Many Thanks.
Samita Mandelia
SELECT BOARD OFFICE
DOUGLAS M. LUCENTE, CHAIR
JOSEPH N. PATO
SUZANNE E. BARRY
JILL I. HAI TEL: (781) 698-4580
MARK D. SANDEEN FAX: (781) 863-9468
Il Casale
1727 Massachusetts Avenue
Lexington, MA 02421
September 9, 2024
Dear Mr. Filippo de Magistris,
On Wednesday, August 14, 2024 Alcohol Compliance Checks were conducted on establishments in
Lexington that serve alcoholic beverages. Officers advised you of the incident that occurred at the Il Casale
and that there would be a follow up from the Select Board to the incident.
Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the
Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement
st
Regulation. The following course of action will be taken upon violations occurring within 3 years: 1
nd
offense – written warning placed in the licensing file and required training for personnel; 2 offense –
hearing before the Select Board to determine action, including suspension and revocation of license.
Extenuating circumstances may necessitate more serious consequences on any violations.
st
For your 1 offense you must have all bartenders and managers as well as personnel involved in the
violation trained/retrained using a recognized alcohol awareness training organization such as TIPS or
SafeServe. You must provide the Select Board Office, by November 1, 2024, a list of all the bartenders
and managers and those trained along with a copy of the new training certificate(s) for each.
If there is
a second violation of any kind, Il Casale will be required to have a hearing before the Select Board to discuss
the consequences.
The Lexington Select Board and Police Department share with you, as business owners/manager and
members of the Lexington community, the common goal of consistent responsible sales of alcohol.
Sincerely,
Douglas M. Lucente, Chair
1625 MASSACHUSETTS AVENUE · LEXINGTON, MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
SELECT BOARD OFFICE
DOUGLAS M. LUCENTE, CHAIR
JOSEPH N. PATO
SUZANNE E. BARRY
JILL I. HAI TEL: (781) 698-4580
MARK D. SANDEEN FAX: (781) 863-9468
Inn at Hastings Park
2013-2027 Massachusetts Avenue
Lexington, MA 02421
September 9, 2024
Dear Ms. Trisha Perez Kennealy,
On Thursday, August 15, 2024 Alcohol Compliance Checks were conducted on establishments in Lexington
that serve alcoholic beverages. Officers advised Manager Olga Sokolova of the incident that occurred at the
Inn at Hastings Park and that there would be a follow up from the Select Board to the incident.
Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the
Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement
st
Regulation. The following course of action will be taken upon violations occurring within 3 years: 1
nd
offense – written warning placed in the licensing file and required training for personnel; 2 offense –
hearing before the Select Board to determine action, including suspension and revocation of license.
Extenuating circumstances may necessitate more serious consequences on any violations.
st
For your 1 offense you must have all bartenders and managers as well as personnel involved in the
violation trained/retrained using a recognized alcohol awareness training organization such as TIPS or
SafeServe. You must provide the Select Board Office, by November 1, 2024, a list of all the bartenders
and managers and those trained along with a copy of the new training certificate(s) for each.
If there is
a second violation of any kind, Inn at Hastings Park will be required to have a hearing before the Select
Board to discuss the consequences.
The Lexington Select Board and Police Department share with you, as business owners/manager and
members of the Lexington community, the common goal of consistent responsible sales of alcohol.
Sincerely,
Douglas M. Lucente, Chair
1625 MASSACHUSETTS AVENUE · LEXINGTON, MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
SELECT BOARD OFFICE
DOUGLAS M. LUCENTE, CHAIR
JOSEPH N. PATO
SUZANNE E. BARRY
JILL I. HAI TEL: (781) 698-4580
MARK D. SANDEEN FAX: (781) 863-9468
Ixtapa Cantina Mexican Family Restaurant
177 Massachusetts Avenue
Lexington, MA 02421
September 9, 2024
Dear Mr. Jose Brambila,
On Wednesday, August 14, 2024 Alcohol Compliance Checks were conducted on establishments in
Lexington that serve alcoholic beverages. Officers advised you of the incident that occurred at the Ixtapa
Cantina Mexican Family Restaurant and that there would be a follow up from the Select Board to the
incident.
Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the
Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement
st
Regulation. The following course of action will be taken upon violations occurring within 3 years: 1
nd
offense – written warning placed in the licensing file and required training for personnel; 2 offense –
hearing before the Select Board to determine action, including suspension and revocation of license.
Extenuating circumstances may necessitate more serious consequences on any violations.
st
For your 1 offense you must have all bartenders and managers as well as personnel involved in the
violation trained/retrained using a recognized alcohol awareness training organization such as TIPS or
SafeServe. You must provide the Select Board Office, by November 1, 2024, a list of all the bartenders
and managers and those trained along with a copy of the new training certificate(s) for each.
If there is
a second violation of any kind, Ixtapa Cantina Mexican Family will be required to have a hearing before the
Select Board to discuss the consequences.
The Lexington Select Board and Police Department share with you, as business owners/manager and
members of the Lexington community, the common goal of consistent responsible sales of alcohol.
Sincerely,
Douglas M. Lucente, Chair
1625 MASSACHUSETTS AVENUE · LEXINGTON, MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
SELECT BOARD OFFICE
DOUGLAS M. LUCENTE, CHAIR
JOSEPH N. PATO
SUZANNE E. BARRY
JILL I. HAI TEL: (781) 698-4580
MARK D. SANDEEN FAX: (781) 863-9468
Via Lago
1845 Massachusetts Avenue
Lexington, MA 02421
September 9, 2024
Dear Mr. Alan Jick,
On Wednesday, August 14, 2024 Alcohol Compliance Checks were conducted on establishments in
Lexington that serve alcoholic beverages. Officers advised Manager Joyce Karvelas of the incident that
occurred at the Via Lago and that there would be a follow up from the Select Board to the incident.
Sale or delivery of alcohol to under age persons is a violation of Massachusetts General Laws and the
Lexington Alcohol Licensing Board. See enclosed copy of the Alcoholic Beverages Enforcement
st
Regulation. The following course of action will be taken upon violations occurring within 3 years: 1
nd
offense – written warning placed in the licensing file and required training for personnel; 2 offense –
hearing before the Select Board to determine action, including suspension and revocation of license.
Extenuating circumstances may necessitate more serious consequences on any violations.
st
For your 1 offense you must have all bartenders and managers as well as personnel involved in the
violation trained/retrained using a recognized alcohol awareness training organization such as TIPS or
SafeServe. You must provide the Select Board Office, by November 1, 2024, a list of all the bartenders
and managers and those trained along with a copy of the new training certificate(s) for each.
If there is
a second violation of any kind, Via Lago will be required to have a hearing before the Select Board to
discuss the consequences.
The Lexington Select Board and Police Department share with you, as business owners/manager and
members of the Lexington community, the common goal of consistent responsible sales of alcohol.
Sincerely,
Douglas M. Lucente, Chair
1625 MASSACHUSETTS AVENUE · LEXINGTON, MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
BOARD OF SELECTMEN REGULATION
ALCOHOLIC BEVERAGES – ENFORCEMENT
Date Approved by BOS: Signature of Chair:
March 15, 2010
I. PURPOSE AND SCOPE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic
beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency
for compliance with ABCC, and town regulations governing alcohol. The Police
Department also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive, but for education and to
ensure these regulations are consistently followed and applied. It is in the community’s
best interest for all to understand the benefits of complying with the laws governing
alcohol.
II. APPLICATION
1. The licensee is responsible, whether present or not, for ensuring that no
disorder, disturbance, or illegality takes place in or on a licensed premises.
2. Violations may include, but not be limited to, service to an underage person,
sale or delivery to intoxicated persons, use of narcotics on the premises,
gambling, failure to meet any of the terms of the regulations of the Board of
Selectmen.
3. Periodically, the police conduct stings and checks at licensed locations for
compliance. When checks take place, the police shall use the guidelines from
the ABCC for compliance checks.
4. The following course of action will be taken upon violations occurring within
st
3 years: 1
offense – written warning placed in the licensing file and required
nd
training for personnel involved; 2 offense – hearing before the Board of
Selectmen to determine action including suspension and revocation of license.
Circumstances may necessitate more serious consequences on any violations.
5. Violations of other rules and regulations will be brought to the attention of the
Board of Selectmen who shall determine whether or not a hearing is
necessary. In most cases, a hearing will be held to determine what, if any,
action should be taken.
6. All violations and complaints received about licensed establishments shall be
in writing and placed in the file of the licensee.
7. At the time of license renewal and/or changes to the license, the Board of
Selectmen will be made aware of any violations or complaints in the last three
years and may use that as a basis for action on the license renewal or change.
8. Upon notice of violations or complaints, the license holder shall provide to the
Board of Selectmen evidence of steps taken to address the violation or of
mitigating circumstances. Failure to respond could result in revocation or
suspension of liquor license. Information provided to the Board shall be
placed in the licensee’s file and may be considered as a basis for action on the
license renewal or change.
9. The license holder has the right to appeal any decision of the Board of
Selectmen within five (5) days of the decision to ABCC.
III. BACKGROUND
When violations occur to the rules and regulations regarding alcohol license, it is the
Board of Selectmen who is ultimately responsible for enforcing the regulations in
conjunction with the Police Department. This enforcement policy is intended to provide
guidance to all licensees of their obligations and the consequences for not following
applicable laws and regulations.
IV. REFERENCE
Adopted by the Board of Selectmen October 4, 2004.
This regulation was amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Guide to Liquor Laws of the Commonwealth
Department of Public Works
David J. Pinsonneault
Public Works DirectorTel: (781) 274-8314
Fax: (781) 274-8385
MEMORANDUM
TO: James Malloy, Town Manager
FROM: David J. Pinsonneault, DPW Director
RE: Belfry Park Project
DATE: September 5, 2024
Staff is moving forward with plans to make the lower part of Belfry Park accessible and create an
inviting space to sit and/or go up to the Belfry. We have hired an architect, Groundview Design, to
perform the design work and prepare bid specs. The work includes accessible paths coming from the
Mass Ave sidewalk and accessible paths in the lower park area. There will be some grading work
necessary to make the pathways compliant. The front of the site will be opened up and new deciduous
trees/shrubs will be planted. In addition, there will be some screening evergreens planted along the
property line. We hope to bid the project and complete the major work this fall.
Staff is also aware of the potential for a monument to be placed in this area. Groundview Design has
worked with the artist to fit the monument design into the area if it is to move forward. Both projects
can be coordinated to integrate with each other.
The improvements the Town is doing will not be affected by a monument at this site and can be
completed whether a monument is approved or not.
Please let me know if you need additional information. Thank you.
201 BEDFORD STREET • LEXINGTON, MASSACHUSETTS 02420
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G:
Town of Lexington
RANTOR
G:
Citizens for Lexington Conservation,
RANTEE
Inc.
AP:
Busa Farm, Lowell Street, Lexington, MA
DDRESS OF REMISES
FG:
Middlesex South Registry District of the Land Court as Document
OR RANTORS TITLE SEE
No. 1519938
CONSERVATION RESTRICTION
I. Statement of Grant:
The Town of Lexington, 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 CITIZENS FOR
LEXINGTON CONSERVATION, INC., 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
,
Map 20/Parcel 38, Subdivision Plan of Land,
Associates, Inc., dated February 5, 2014, filed with the Middlesex South Registry of Deeds as
Plan 108 of 2015 (the "Premises"), a reduced copy of which plan is attached as Exhibit A. For
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.
1
{00211231;v1}
7659411v1
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
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, and available for agricultural,
horticultural, and recreation uses consistent with the Conservation Values and (b) to prevent any
use or change that would materially impair or interfere with the Conservation Values (as defined
below).
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,
includi
Historic and Archaeological Resources. Conservation and appropriate management of the
Premises has an important public benefit by preserving historic, cultural and archeological
resources within the Premises.
Water Resources. The preservation of the Premises, would contribute to the protection of
water resources including the Mystic River Watershed, the Munroe Brook and the
Arlington Reservoir.
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.
2
{00211231;v1}
7659411v1
Public Access. The preservation of the Premises will provide access to the Premises by the
general public for outdoor recreation. The Premises connects to the ACROSS Lexington
trail network via Trail C, and connects to the public walking trail around the Arlington
Reservoir.
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 availablefor agriculture,
horticulture and farming uses that are consistent with the Purposes, including community
farming and other educational uses.
Climate Change Resiliency. A portion of the Premises is identified as an area of average
-
re likely to sustain native plants, animals, and natural processes
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
important agricultural resource in Lexington. Currently the site of Lexington Community
Farm , this is one of two Community Supported Agriculture (CSA)
on
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
Community 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. The protection of
the Premises is also consistent with OSRP Goal 5: Enhance connectivity between open
space and recreation areas, and Goal 9: Expand upon and create new opportunities for
bicycling and walking throughout Lexington, as well as action items To increase
collaboration with bordering communities that share or abut open space parcelsand to
utilize connections with volunteer organizations/groups to increase programming
opportunities.
3
{00211231;v1}
7659411v1
III. Prohibited Acts and Uses, Exceptions Thereto, and Permitted Uses:
A. Prohibited Acts and Uses
Subject to the reserved rights and exceptions 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 or temporary 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. Cutting of Vegetation. Cutting, removing or otherwise destroying trees, grasses or other
vegetation;
5. Adverse Impacts to Water, Soil, and Other Features. 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;
4
{00211231;v1}
7659411v1
10. Other uses. Any other use of the Premises or activity which is inconsistent with the Purposes
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 the sketch plan
attached hereto as Exhibit B Structures and Fields Plan, including without limitation use of
the office trailer currently on the Premises as offices for Community Farm 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
the Structures and Fields Plan. 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. Passive Recreational Activities. Biking, walking, hiking, horseback riding, equestrian uses,
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 Grantees approval as provided in Paragraph III.E, whose approval shall not be
unreasonably withheld.
6. Agricultural Management. T
(a) Clearing, mowing, and prescribed burning of vegetation;
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(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;
(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.6, provided that said fences do not interfere with
access to any public trails and paths on the Premises;
(h) oreagricultural
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 III.B.6, including but not limited to tractors, trucks,
balers, spreaders and planters, and similar types of vehicles, and vehicles permitted in
Paragraph III.B.12;
(j) Construction of, or addition to, stone walls and/or piles incidental to the removal of
rocks from plowed areas;
(k) Horse and other livestock use carried on in accordance with sound management
practices (including without limitation, generally accepted water quality management
standards) and uses accessory thereto, including without limitation run-in sheds, riding
areas, bridle paths and sight pervious and non chain-link fencing. This right shall
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include, without limitation, the right to use equipment and vehicles as reasonably
necessary for such purposes; and
(l) 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,
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 Gener
that does not hinder the ability of future generations to engage in Agricultural
Activities on the Premises.
7. Non-Native, Nuisance or Invasive 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 reasonably necessary 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 approval as
provided in Paragraph III.E, whose approval shall not be unreasonably withheld;
9. Wildlife Habitat Improvement. Measures designed to restore native biotic communities, or
to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species including
but not limited to continued selective planting of native trees, shrubs and plant species, and avian
nesting structures;
10. Archaeological Investigations. Archaeological activities, including but not limited to
surveys, following submission of a Project Notification Form and other materials that may be
required and its approval by the State Archaeologist/State Historic Preservation Office of the
Massachusetts Historical Commission (or appropriate successor official); and only after Grantor
consultation with Grantee and with the approval as provided in Paragraph III.E, whose
approval shall not be unreasonably withheld;
11. Signs. The erection, maintenance and replacement of signs and kiosks by the Grantor, at
. Permanent signs may identify the Grantee as the holder of the Conservation
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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 reasonably necessary 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; provided that the repair or
replacement of existing utilities in their current locations shall require prior notice to (but not
approval of) Grantee, and new construction, expansion or relocation of utilities shall require
Grantor consultation with Grantee and prior approval as provided in Paragraph III.E,
whose approval shall not be unreasonably withheld;
14. Allowable New Structures. In addition to the structures described above in Paragraph
III.B.1, allowable new structures may include any structures allowed by federal, state and local
laws and regulations, provided that such structures are consistent with the purposes of this
Conservation Restriction and the protection of the Conservation Values and the total area of all new
structures does not exceed 1500 square feet; and only after Grantor consultation with Grantee and
with the approval as provided in Paragraph III.E, whose approval shall not be
unreasonably withheld;
15. 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
expansion be restricted to 1,000 square feet or five spaces more than the size of the parking areas
described in the Baseline Documentation Report, whichever is less;
16. 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. Maintenance may include widening unpaved walking trails up to 36 inches in
width and bikeways up to 14 feet total, including 2 foot treadways.Construction of new trails
shall occur only after Grantor consultation with Grantee and with the approval as
provided in Paragraph III.E, whose approval shall not be unreasonably withheld;
17. 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
Reserved Rights and Exceptions
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
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Reserved Rights and Exceptions. 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 Reserved Rights and Exceptions, and shall not be
located on growing fields;
18. Active Outdoor 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 Community Farm operator, or
the Community 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
, or (c) not
renewed its lease to conduct Agricultural Management activities;
ii. Following such discontinuance, abandonment, or non-renewal of lease, the Grantor
has made reasonable efforts, as determined by the Grantee, to re-lease or otherwise
lease the Premises for Agricultural Management activities, and such efforts have
been unsuccessful;
iii. Not sooner than one (1) year following the discontinuance, abandonment, or non-
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 on in
accordance with subparagraph (b) below; and
iv. Following the completion of the steps enumerated in Paragraph II.B.18i.-iii., the
Grantor shall notify the Grantee of its intent to use the Premises for Active
Recreation.
b. Provided the above enumerated conditions have been met, the Premises may be used
for Active Outdoor Recreational use including, but not limited to, the use of land for
community gardens, trails, and noncommercial youth and adult sports, and the use of
land as a park, playground, hard courts and athletic fields, including outdoor restrooms
and athletic lighting. Active Outdoor Recreational use shall not include horse or dog
racing or the use of land for a stadium, gymnasium or similar structure. The Grantor
may enlarge the existing parking area in the northwest corner of the Premises along
Lowell Street to accommodate up to 60 parking spaces for recreational use provided
that the total area does not exceed 20,000 square feet.
D. Governmental Permits, Regulations, Laws
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,
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regulations, and permits, and with the Constitution of the Commonwealth of Massachusetts. The
inclusion of any reserved right requiring a permit, license, or other approval from a public agency
means only that the Grantor may have a right or privilege to request a permit, license, or other
approval; it does not mean or imply that the Grantee or the Commonwealth of Massachusetts takes
any position on whether such permit, license, or other approval should be issued.
E. Notice and Approval
Whenever notice to or approval by Grantee is required, 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
required, the Grantee shall grant or withhold approval in writing within thirty (30) days of receipt
only upon a showing that the proposed activity will not materially impair the purposes of this
Conservation Restriction. Grantee to respond within 30 days of receipt shall not constitute
approval by Grantee of the request. Grantor may subsequently submit the same or a similar request
for approval. In cases of emergency, the 30-day approval period may be waived by the Grantee to
avoid harm to the Purposes or Conservation Values.
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 in case of an injunction). 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.
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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.
Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring
any actions against the Grantor for any injury to or change in the Premises resulting from causes
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
Subject to the provisions of this Conservation Restriction, the Grantor hereby grants access to the
Premises to the general public and agrees to take no action to prohibit or discourage access to and
use of the Premises by the general public, but only for daytime use and only as described in
Paragraph III.B.2
to establish reasonable rules, regulations, and restrictions on such permitted recreational use by the
general public for the protection of the Purposes and Conservation Values. 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
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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
If circumstances arise in the future that render the Purposes impossible to accomplish, this
Conservation Restriction can only be terminated, released, or extinguished, whether in whole or in
part, by a court of competent jurisdiction under applicable law after review and approval by the
Secretary of Energy and Environmental Affairs of the Commonwealth of Massachusetts, or
Section 32 of
Chapter 184 of the Massachusetts General Laws.
B.
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 to Grantor only after complying with the terms of any gift, grant, or other funding
requirements.
C.
If any change in conditions ever gives rise to termination, release, or extinguishment of the
Conservation Restriction under applicable law, then all reasonable and directly-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.
D. Cooperation Regarding Public Action
Whenever all or any part of the Premises or any interest therein is taken by public authority under
power of eminent domain or other act of public authority, then the Grantor and the Grantee, at no
cost to the Grantee, shall cooperate in recovering the full value of all direct and consequential
damages resulting from such action. 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 shares equal to the proportionate value set forth in Paragraph
VI.B, provided that all related expenses incurred by the Grantor and the Grantee shall first be paid
out of any recovered proceeds, and subject to the requirements of any gift, grant, or funding program
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or applicable law, including the Community Preservation Act, which expressly provides for a
different disposition of the proceeds.
VII. DURATION AND ASSIGNABILITY
A.Running of the Burden
The burdens 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.
B.Running of the Benefit
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; that the Assignee is not an owner of the fee in the Premises; and the Assignee, at the
Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible
to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts
General Laws. Any assignment will comply with Article 97 of the Amendments to the Constitution
of the Commonwealth of Massachusetts, if applicable.
VIII. SUBSEQUENT TRANSFERS
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 its 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
compliance with any obligation of the Grantor contained in this Conservation Restriction or
otherwise evidences the status of this Conservation Restriction.
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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 following the terms of Paragraph VII.B. 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
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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
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.
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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
any such instruments upon
request.
H. No Surety Interest
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, and to serve as an objective information baseline
to enable the Grantee to monitor future uses of the Premises and to assure compliance with the
terms hereof, Grantee has prepared an inventory of the relevant features and conditions of the
Baseline Documentation Report ), and Grantor and Grantee agree that
the same is a complete and accurate representation of the condition and values of the Premises as
of the date of the execution of this Conservation Restriction. The BDR also includes an aerial
photograph showing conditions of the property in 2012, the year the 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.
Included herein are the following:
Signature pages:
Grantor (includes Board of Selectmen approval)
Grantee Acceptance
Approval of the Secretary of Energy and Environmental Affairs.
L.
Attached hereto and incorporated herein by reference are the following:
Exhibits:
Exhibit A: Reduced Copy of Plan of the Premises
Exhibit B: Structures and Fields Plan
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Exhibit C: Town Vote Authorizing Use of CPA Funds
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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 ________________, 2024, voted to approve in the public interest and grant
the foregoing Conservation Restriction to Citizens for Lexington Conservation, Inc. pursuant to
Section 32 of Chapter 184 of the Massachusetts General Laws.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
_________________________
Joseph N. Pato
_________________________
Suzanne E. Barry
_________________________
Douglas M. Lucente, Chair
_________________________
Jill I. Hai
_________________________
Mark D. Sandeen
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss:
On this day of , 2024, 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-
signed on
the preceding document, and acknowledged to me that they signed it voluntarily for its stated
purpose.
_________________________________
Notary Public
My Commission Expires:
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ACCEPTANCE OF GRANT BY
The above Conservation Restriction from the Town of Lexington acting by and through its Board
of Selectmen is accepted by the as of this
__________ day of , 2024.
By:
Name: Eileen Entin
President
Hereunto duly authorized
By:
Name: Roberta Hodson
Treasurer
Hereunto duly authorized
On this day of , 2024, before me, the undersigned notary public,
personally appeared Eileen Entin, President of Citizens for Lexington Conservation, Inc. proved
to me through satisfactory evidence of identification which was government-issued document
my personal knowledge of the
acknowledged to me that she/he signed it voluntarily for its stated purpose.
_________________________________
Notary Public
My Commission Expires:
On this day of , 2024, before me, the undersigned notary public,
personally appeared Roberta Hodson, Treasurer of Citizens for Lexington Conservation, Inc.
proved to me through satisfactory evidence of identification which was government-issued
my personal knowledge of the
acknowledged to me that she/he signed it voluntarily for its stated purpose.
_________________________________
Notary Public
My Commission Expires:
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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 Citizens for Lexington Conservation,
Inc. has been approved in the public interest pursuant to Massachusetts General Laws, Chapter
184, Section 32.
Dated: ________________, 2024
Rebecca L. Tepper
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss:
On this day of , 2024, 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:
20
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Exhibit A
Plan of Premises
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Exhibit B
Plan of Existing Structures on Premises
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Exhibit C
Town Meeting Approval Vote
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Special Town Meeting November 13, 2024
1.1.Town Reports
2.2.Appropriate for Prior year unpaid bills
3.3.Establish, Amend and Continue Departmental Revolving Funds
4.4.Establish/Dissolve/Appropriate To/From Stabilization
a.a.Dedicate future Medicaid reimbursement to Ambulance Stabilization fund
5.5.Amend FY25 Operating, Enterprise, CPA budgets
a.a.Reimbursement to reserve fund transfer for golf equipment repairs Reimbursement to reserve fund transfer for golf equipment repairs
b.b.Appropriate for Overall Public Safety (Police/Fire) Staffing Needs Assessment Appropriate for Overall Public Safety (Police/Fire) Staffing Needs Assessment
c.c.Appropriate of $70,000 for DPW equipment for gas replacement Appropriate of $70,000 for DPW equipment for gas replacement Appropriate of $70,000 for DPW equipment for gas replacement
d.d.RFP for website- current contract ends Oct/2025 so we have to go out again. RFP for website- current contract ends Oct/2025 so we have to go out again. RFP for website- current contract
ends Oct/2025 so we have to go out again.
6.6.Authorized Capital improvements
a.a.Supplemental PD solar. The Town is awaiting Federal Grant funding but will not Supplemental PD solar. The Town is awaiting Federal Grant funding but will not Supplemental PD solar.
The Town is awaiting Federal Grant funding but will not
know the outcome until after Special Town Meeting know the outcome until after Special Town Meeting know the outcome until after Special Town Meeting
7.7.Appropriate Design Funds for Harrington Athletic Fields (from Recreation Enterprise Appropriate Design Funds for Harrington Athletic Fields (from Recreation Enterprise Appropriate
Design Funds for Harrington Athletic Fields (from Recreation Enterprise
Retained Fund Balance)- Recreation Committee Retained Fund Balance)- Recreation Committee