HomeMy WebLinkAbout2025-09-29 SB Packet - ReleasedSELECT BOARD MEETING
Monday, September 29, 2025
*Conducted by Remote Participation
6:30 PM
AGENDA
PUBLIC COMMENTS
Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is
limited to 2 minutes for comment. Members of the Board will neither comment nor respond, other than to
ask questions of clarification. Speakers are encouraged to notify the Select Board's Office at 781-698-
4580 if they wish to speak during public comment to assist the Chair in managing meeting times.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1.Select Board Member Announcements and Liaison Reports
TOWN MANAGER REPORT
1.Town Manager Weekly Update
CONSENT AGENDA
1.Approve: One-Day Liquor License - Wilson Farm, 10 Pleasant Street
2nd Annual Beer Garden Event - Thursday, October 2, 2025 & Friday,
October 3, 2025. Rain Date: Saturday, October 4, 2025.
2.Approve: One-Day Liquor License - Lexington History Museums, 1 Bedford Street
Annual Buckman Tavern Halloween Murder Mystery Fundraiser - Sunday,
October 19, 2025
3.Approve: One-Day Liquor License(s) - Galaray House, 1720 Massachusetts
Avenue
'First Friday' Monthly Art Shows - Friday, October 3, 2025, Friday,
November 7, 2025 & Friday, December 5, 2025
Monroe Art Center Art Walk Reception - Thursday, October 9, 2025
Galaray House After Hours - Thursday, October 23, 2025
Gift Fest - Thursday, November 20, 2025
4.Approve: Battle Green Use Request - Toby Sackton
Public Rally, No Kings Day - Saturday, October 18, 2025
5.Approve: Select Board Committee Reappointments
Battle Road Scenic Byway Committee - Richard L. Canale
Board of Appeals Associates - Scott E. Cooper
Housing Partnership Board - Sarah Morrison
Lexington Center Committee - Upasna Singh Chhabra
Lexington Council for the Arts - Thelma Goldberg
Noise Advisory Committee:
Benjamin Lees
Elaine Rudell
Tourism Committee:
Marsha E. Baker
Pamela H. Fowler
Ting Fang
Town Report Committee - Varshagouri Ramanathan
Transportation Advisory Committee - Sally Castleman
Vision for Lexington - Marian A.O. Cohen
6.Approve: Water and Sewer Adjustments
7.Approve: Eagle Scout Commendation Letters - Brendan Lee & Atticus Oliver
8.Approve: Memorandum of Understanding (MOU) for LMEA, LMMA and
Crossing Guards (SEIU 888) Unions
9.Approve: Regulatory Agreement 17 Hartwell Avenue (Forty Seven Affordable
Units)
ITEMS FOR INDIVIDUAL CONSIDERATION
1.Approve: Modifications to Schematic Design on the Lowell Street Affordable
Housing Project
6:45pm
2.Acceptance of Land Donations (Parcels 22-147A, 22-63 and portion of 22-140) and
Approval of Trail Easement (crossing Parcel 22-147)
7:00pm
3.Lexington Human Rights Committee (LHRC) Recommendation for Reaffirming the
2018 'Safe and Welcoming Community Resolution' Policy
7:10pm
4.Review: Special Town Meeting 2025-2 Draft Warrant and Special Election 2025
Draft Warrant
7:15pm
ADJOURN
1.Anticipated Adjournment 7:25pm
Meeting Packet: https://lexington.novusagenda.com/agendapublic/
*Members of the public can attend the meeting from their computer or tablet by clicking on the
following link at the time of the meeting:
https://lexingtonma.zoom.us/j/82013535294?pwd=mGvKYC9PHOT8ByUHHa0a18jNRhRXpf.1
Phone +1 646 876 9923
Meeting ID: 820 1353 5294
Passcode: 848540
An Act Relative to Extending Certain State of Emergency Accommodations:
https://www.mass.gov/the-open-meeting-law
The next regularly scheduled meeting of the Select Board will be held on Monday, October 6, 2025
at 6:30pm via hybrid participation.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and
subject to change.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Member Announcements and Liaison Reports
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
LR.1
SUMMARY:
Under this item, Select Board Members can provide verbal updates, make announcements, as well as comment
on any additional points or concerns
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Weekly Update
PRESENTER:
Steve Bartha, Town Manager
ITEM
NUMBER:
TM.1
SUMMARY:
Under this item, the Town Manager can provide verbal updates, make announcements, as well as comment on
any additional points or concerns.
Town Website - Lexington High School Project Page:
Lexington High School Project Updates
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
2025 MPO Statement of Candidacy Backup Material
Town of Lexington, Massachusetts
SELECT BOARD OFFICE
JILL I. HAI, CHAIR
JOSEPH N. PATO
DOUGLAS M. LUCENTE
MARK D. SANDEEN TEL: (781) 698-4580
VINEETA A. KUMAR FAX: (781) 863-9468
1625 MASSACHUSETTS AVENUE · LEXINGTON, MASSACHUSETTS 02420
e-mail selectboard@lexingtonma.gov
The Metropolitan Area Planning Council (MAPC)
60 Temple Place
Boston, MA 02111
The Massachusetts Bay Transportation Authority (MBTA) Advisory Board
20 Park Plaza, Suite 473
Boston, MA 02116
RE: Statement of Candidacy
Please accept this letter as the Town of Lexington’s official nomination to represent the MAGIC subregion
and serve on the Boston Region MPO. The Town of Lexington is dedicated to serving and representing
MAGIC’s 13 municipalities and is eager to bring sustainable and equitable transportation solutions to the
region.
Transportation is a fundamental driver of economic growth, quality of life, and regional connectivity in our
subregion. The FFY26-30 TIP indicates that the MAGIC subregion has one of the lowest population
percentages amongst the 8 subregions and represents the lowest percentage of regional target funding.
Transportation systems directly affect the region’s housing markets, economic development opportunities,
and access to healthcare, education, and social services. It is important to balance the needs of our 13
MAGIC communities with those of the entire Boston region.
Lexington has a deep understanding of the complexity and operations of the MPO, having previously
represented the MAGIC Subregion and being a recipient of transportation funding. Lexington has recently
completed its own Vision Zero Action Plan, a Town-wide Bicycle and Pedestrian Plan, and is consistently
advocating for reliable transit opportunities. Additionally, our well qualified Planning and Engineering
Departments are supported by a Select Board who is committed to fostering a diverse, inclusive and
equitable community.
I greatly appreciate the opportunity to represent the MAGIC subregion and support the many responsibilities,
plans and programs of the MPO.
Thank you,
Jill Hai
Select Board Chair, Town of Lexington
CC: Abby McCabe, AICP, Lexington Planning Director, MAPC Representative
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: One-Day Liquor License - Wilson Farm, 10 Pleasant Street
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.1
SUMMARY:
Category: Decision-Making
Wilson Farm has requested (2) One-Day Liquor Licenses to serve beer outside their farm greenhouse #7 at
10 Pleasant Street on Thursday, October 2, 2025 & Friday, October 3, 2025 from 5:00 pm to 8:00 pm for the
purpose of their 2nd annual Beer Garden Event. Rain date requested for Saturday, October 4, 2025 from 5:00
pm to 8:00 pm.
SUGGESTED MOTION:
To approve a One-Day Liquor License for Wilson Farms to serve beer outside their farm greenhouse #7, 10
Pleasant Street on Thursday, October 2, 2025 & Friday, October 3, 2025 from 5:00 pm to 8:00 pm. Rain date
requested for Saturday, October 4, 2025 from 5:00 pm to 8:00 pm.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: One-Day Liquor License - Lexington History Museums, 1 Bedford Street
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.2
SUMMARY:
Category: Decision-Making
Lexington History Museums is requesting a One-Day Liquor License to serve beer and wine at the Annual
Buckman Tavern Halloween Murder Mystery Fundraiser. The event will take place at 1 Bedford Street on
Sunday, October 19, 2025, from 7:00 pm to 9:00 pm.
SUGGESTED MOTION:
Move to approve a One-Day Liquor License for Lexington History Museums to serve beer and wine at the
Annual Buckman Tavern Halloween Murder Mystery Fundraiser on October 19, 2025, from 7:00 pm to 9:00
pm, at 1 Bedford Street, in accordance with all applicable regulations.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: One-Day Liquor License(s) - Galaray House, 1720 Massachusetts Avenue
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.3
SUMMARY:
Category: Decision-Making
Galaray House, 1720 Massachusetts Avenue, is requesting (3) One-Day Liquor Licenses to serve beer &
wine for the purpose of their 'First Fridays' Event, a monthly exhibit showcasing art from local residents, being
held on October 3, 2025, November 7, 2025, and December 5, 2025 from 5:00pm to 8:00pm. Gallery House is
requesting a One-Day Liquor License to serve beer & wine for the purpose of the Monroe Art Center Walk
event reception, on Thursday, October 9, 2025 from 5:00 pm - 8:00 pm. Galaray House is requesting a One-
Day Liquor License to serve beer and wine during “Galaray House After Hours,” a special evening event
designed to bring people together through art, creativity, and community. The event will take place on
Thursday, October 23, 2025, from 7:00 pm to 9:00 pm. Finally, Galaray House is requesting a One-Day
Liquor License to serve beer & wine for the purpose of their annual 'Gift Fest' to showcase local makers and
their handmade works just in time for the holiday season. The event will take place on Thursday, November 20,
2025 from 5:30pm to 8:30pm.
SUGGESTED MOTION:
To approve 3 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve beer &
wine for their 'First Fridays' events on October 3, 2025, November 7, 2025, and December 5, 2025 from
5:00pm to 8:00pm.
To approve a One-Day Liquor License for the Galaray House, 1720 Massachusetts Avenue, to serve beer &
wine for their Monroe Art Walk event on Thursday, October 9, 2025 from 5:00 pm to 8:00 pm.
To approve a One-Day Liquor License for Galaray House, 1720 Massachusetts Avenue, to serve beer and
wine at “Galaray House After Hours” on October 23, 2025, from 7:00 pm to 9:00 pm.
To approve a One-Day Liquor License for the Galaray House, 1720 Massachusetts Avenue, to serve beer &
wine for their annual 'Gift Fest' on Thursday, November 20, 2025 from 5:30pm to 8:30pm.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Battle Green Use Request - Toby Sackton
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.4
SUMMARY:
Category: Decision-Making
Toby Sackton has requested permission to use the Battle Green for a Public Rally, “No Kings Day”, on
Saturday, October 18, 2025, from 10:00 am to 1:00 pm. The event will include a small sound stage consisting
of portable risers, speakers, and a microphone set up between the flagpole and the monument, with the crowd
gathered in the center of the Green.
Attendance is expected to be 500 –1,000 participants and spectators.
The Police Department has required that the event manager provide four police details and a police supervisor
for public safety. No road closure on Massachusetts Avenue has been requested.
SUGGESTED MOTION:
Move to approve the Battle Green Use Request submitted by Toby Sackton for a Public Rally, “No Kings
Day”, on October 18, 2025, from 10:00 AM to 1:00 PM, including the use of a small sound stage with
speakers and microphone, with required police details as outlined.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
No Kings Day - Request Letter Cover Memo
Sept 9, 2025
To the Select Board
Town of Lexington
Dear Members of the Board,
We are writing to provide details about our proposed rally on the Battle Green on October
18, 2025.
October 18 is the next national day of protests, No Kings, continuing the standouts,
marches, and rallies across the country protesting unconstitutional activities of the current
administration. As a local organization, we coordinate our own events with the national
campaign.
Our most recent standout, on June 14, drew about 2,200 people to line the sidewalks along
Bedford Street and Mass. Ave. near the Green—far more than anticipated. The crowd was
peaceful and cooperative with our marshals, who kept sidewalks clear and participants out
of the street. While we should have had a permit for a gathering of that size, we did notify
and work closely with the Lexington Police Department both beforehand and during the
event.
For October 18, we are planning a more traditional rally with speakers. We propose a small
speaker platform on the Green, with a sound system scaled to the crowd, for an event of
about two hours—roughly one hour of speakers plus possible music. We will provide
trained marshals and our own crowd control.
We expect attendance to be smaller than in June, since other rallies and standouts will take
place in Boston and nearby towns. Most participants will likely be Lexington residents, as
before.
We propose to place the speaking platform in its traditional location on the grass in front of
the monument, with the crowd facing Mass. Ave. There will be no seating or chairs; people
will stand. We also plan a few small information tables and will encourage participants to
bring their own signs and banners.
I would be happy to answer any further questions.
Thank you in advance,
Toby Sackton
President, Lexington Alarm!
info@lexingtonalarm.org
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Select Board Committee Reappointments
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.5
SUMMARY:
Category: Decision-making
Reappointments:
Each September, the Select Board considers reappointments for members whose terms are set to expire
on September 30, 2025. Members who have confirmed their interest in continuing service and have met all
requirements, including a current State Conflict of Interest Law Online Training Certificate, are eligible for
reappointment.
The following boards and committees are ready for reappointment (see attached list for details):
Battle Road Scenic Byway Committee
Board of Appeals Associates
Housing Partnership Board
Lexington Center Committee
Lexington Council for the Arts
Noise Advisory Committee
Tourism Committee
Town Report Committee
Transportation Advisory Committee
Vision for Lexington Committee
SUGGESTED MOTION:
To reappoint the board and committee members with term expirations as indicated on the attached listtitled 2025 September Board Committee Reappointments to be effective on October 1, 2025.Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
2025 September Board Committee Reappointments Backup Material
Name Committee Status SB Meeting Date New Term Expiration Date
Richard L Canale Battle Road Scenic Byway Committee REAPPOINT September 29, 2025 September 30, 2027
Scott E Cooper Board of Appeals Associates REAPPOINT September 29, 2025 September 30, 2026
Sarah Morrison Housing Partnership Board REAPPOINT September 29, 2025 September 30, 2028
Upasna Singh Chhabra Lexington Center Committee REAPPOINT September 29, 2025 September 30, 2028
Thelma Goldberg Lexington Council for the Arts REAPPOINT September 29, 2025 September 30, 2028
Benjamin Lees Noise Advisory Committee REAPPOINT September 29, 2025 September 30, 2028
Marsha E Baker Tourism Committee REAPPOINT September 29, 2025 September 30, 2026
Pamela H Fowler Tourism Committee REAPPOINT September 29, 2025 September 30, 2026
Ting Fang Tourism Committee REAPPOINT September 29, 2025 September 30, 2026
Varshagouri Ramanathan Town Report Committee REAPPOINT September 29, 2025 September 30, 2026
Sally Castleman Transportation Advisory Committee REAPPOINT September 29, 2025 September 30, 2028
Marian AO Cohen Vision for Lexington Committee REAPPOINT September 29, 2025 September 30, 2028
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Water and Sewer Adjustments
PRESENTER:
Jill I Hai, Select Board Chair
ITEM
NUMBER:
C.6
SUMMARY:
Category: Decision-making
Water and Sewer Adjustment per WSAB/July 17, 2025 ( $5,292.90 )
amended amount
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Treasurer / Collector
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
Amened WS WSAB amount Cover Memo
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Eagle Scout Commendation Letters - Brendan Lee & Atticus Oliver
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.7
SUMMARY:
Category: Decision-Making
The Select Board is being asked to sign letters of commendation congratulating Brendan Lee and Atticus
Oliver of Boy Scout Troop 160 for attaining the highest rank of Eagle in Scouting.
SUGGESTED MOTION:
To approve and sign a letters of commendation congratulating Brendan Lee and Atticus Oliver of Boy Scout
Troop 160 for attaining the highest rank of Eagle in scouting.
Move to approve the consent.
FOLLOW-UP:
Select Board Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
Eagle Letter - Brendan Lee - 160 Backup Material
Eagle Letter - Atticus Oliver- 160 Backup Material
Town of Lexington, Massachusetts
SELECT BOARD OFFICE
JILL I. HAI, CHAIR
JOSEPH N. PATO
DOUGLAS M. LUCENTE
MARK D. SANDEEN TEL: (781) 698-4580
VINEETA A. KUMAR FAX: (781) 863-9468
1625 MASSACHUSETTS AVENUE, LEXINGTON, MASSACHUSETTS 02420
Email: selectboard@lexingtonma.gov
September 29, 2025
Brendan Lee
2648 Massachusetts Avenue
Lexington, MA 02421
Dear Brendan,
Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy
one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop
160, and the successful completion of your Eagle project, speaks to your dedication.
Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more
importance is the implied promise you have made to maintain the ideals of Scouting into your adult life.
We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your
journey beyond Eagle.
Again, congratulations and good luck in all your future endeavors.
Sincerely,
Jill I. Hai, Chair
Joseph N. Pato
Douglas M. Lucente
Mark D. Sandeen
Vineeta A. Kumar
Town of Lexington, Massachusetts
SELECT BOARD OFFICE
JILL I. HAI, CHAIR
JOSEPH N. PATO
DOUGLAS M. LUCENTE
MARK D. SANDEEN TEL: (781) 698-4580
VINEETA A. KUMAR FAX: (781) 863-9468
1625 MASSACHUSETTS AVENUE, LEXINGTON, MASSACHUSETTS 02420
Email: selectboard@lexingtonma.gov
September 29, 2025
Atticus Oliver
2 Lexington Avenue
Lexington, MA 02421
Dear Atticus,
Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy
one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop
160, and the successful completion of your Eagle project, speaks to your dedication.
Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more
importance is the implied promise you have made to maintain the ideals of Scouting into your adult life.
We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your
journey beyond Eagle.
Again, congratulations and good luck in all your future endeavors.
Sincerely,
Jill I. Hai, Chair
Joseph N. Pato
Douglas M. Lucente
Mark D. Sandeen
Vineeta A. Kumar
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Memorandum of Understanding (MOU) for LMEA, LMMA and Crossing Guards
(SEIU 888) Unions
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.8
SUMMARY:
Category: Decision-making
As per previous discussions with the Board, attached please find the signed Memorandum of Understanding
between the Town of Lexington and the Lexington Municipal Management Association (LMMA), Lexington
Municipal Employees Association (LMEA)and Crossing Guards Union for the amendments to the collective
bargaining agreements.
SUGGESTED MOTION:
to approve and authorize the Town Manager to sign the Memorandum of Understandings between the Town
and the Lexington Municipal Management Association for the contract period of July 1, 2025 through June 30,
2028, the Lexington Municipal Employees Association for the contract period of July 1, 2025 through June 30,
2028 and the SEIU Local 888 Lexington Crossing Guards for the contract period of July 1, 2025.
Move to approve the consent
FOLLOW-UP:
Town Manager's Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
LMEA MOU Cover Memo
LMMA MOU Cover Memo
Crossing Guards MOU Cover Memo
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Regulatory Agreement 17 Hartwell Avenue (Forty Seven Affordable Units)
PRESENTER:
Jill Hai, Select Board Chair
ITEM
NUMBER:
C.9
SUMMARY:
Category: Decision-making
The Board is being asked to approve the Regulatory Agreement for the rental development at 17 Hartwell
Avenue.
The development at 17 Hartwell Avenue includes 312 rental units which includes 47 affordable inclusionary
dwelling units ranging from studios to three-bedroom units. The State approved the Local Initiative Program
(LIP) package.
The execution of the Regulatory Agreement, and its subsequent recording, is the final regulatory step for the
Town relative to the inclusionary units. SEB will market and fill the dwelling units in accordance with the
approved Fair Housing Marketing Plan. After the affordable housing lottery and the occupancy permits are
issued, the 47 dwelling units will be added to the Town’s Subsidized Housing Inventory (SHI).
SUGGESTED MOTION:
Move to approve the Regulatory Agreement for the rental development at 17 Hartwell Avenue, between the
Town of Lexington, the Executive Office of Housing and Livable Communities, and 17 Hartwell JV LLC as
proposed and further to authorize the Town Manager to execute the agreement.
FOLLOW-UP:
Town Manager/Planning Director
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025
ATTACHMENTS:
Description Type
Cover Memo Regulatory Agreement 17 Cover Memo
Regulatory Agreement_Lexington 17 Hartwell Backup Material
Town of Lexington
PLANNING
DEPARTMENT Abby McCabe, Planning Director
Meghan McNamara, Assistant Planning Director
Aaron Koepper, Planner
Carolyn Morrison, Planning Coordinator
1625 Massachusetts Avenue
Lexington, MA 02420
Tel (781) 698-4560
planning@lexingtonma.gov
www.lexingtonma.gov/planning
Page 1 of 1
Memorandum
To: Select Board Chair Hai
Select Board Members
From: Abby McCabe, Planning Director
Date: September 24, 2025
Re: Regulatory Agreement for 17 Hartwell Ave. Affordable Units
____________________________________________________________________________________
Category: Decision Making
Attached please find the Regulatory Agreement for the development at 17 Hartwell Avenue.
The 17 Hartwell Avenue development was permitted under the Village High-Rise Overlay District bylaw
and approved prior to the March 17, 2025 Special Town Meeting vote. The development at 17 Hartwell
Avenue includes 312 rental units and 47 affordable inclusionary dwelling units ranging from studios to
three-bedroom units. This development has been reviewed and permitted by the Planning Board, and came
before the Select Board on April 7, where an affirmative vote allowed the Local Initiative Program (LIP)
application to be submitted to the State. Since then, the State approved the LIP package with enclosed
income limits and rental pricing.
The execution of the Regulatory Agreement, and its subsequent recording, is the final regulatory step for
the Town relative to the inclusionary units. SEB will market and fill the dwelling units in accordance with
the approved Fair Housing Marketing Plan. After the affordable housing lottery and the occupancy
permits are issued, the 47 dwelling units will be added to the Town’s Subsidized Housing Inventory (SHI).
Suggested Motion:
To approve the Regulatory Agreement for the rental development at 17 Hartwell Avenue, between the
Town of Lexington, the Executive Office of Housing and Livable Communities, and 17 Hartwell JV
LLC as proposed and further to authorize the Town Manager to execute the agreement.
Revised June 2023
LOCAL INITIATIVE PROGRAM
REGULATORY AGREEMENT
AND
DECLARATION OF RESTRICTIVE COVENANTS
FOR
RENTAL PROJECT
Local Action Units
This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made
this ___________ day of ____________, 2025 by and among the Commonwealth of
Massachusetts, acting by and through the Executive Office of Housing and Livable Communities
("EOHLC") pursuant to G.L. c.23B §1 as amended by Chapter 7 of the Acts of 2023, the town of
Lexington (the “Municipality"), and 17 Hartwell JV LLC, a Delaware, limited liability company,
having an address at 800 Boylston Street Suite 1900, Boston, MA 02199, and its successors and
assigns ("Developer"). WITNESSETH:
WHEREAS, pursuant to G.L. c. 40B, §§ 20-23 (the "Act") and the final report of the Special
Legislative Commission Relative to Low- and Moderate-Income Housing Provisions issued in
April 1989, regulations have been promulgated at 760 CMR 56.00 (the "Regulations") which
establish the Local Initiative Program ("LIP") and Comprehensive Permit Guidelines: M.G.L.
Chapter 40B Comprehensive Permit Projects - Subsidized Housing Inventory have been issued
thereunder (the "Guidelines");
WHEREAS, the Developer intends to construct a rental housing development known as 17
Hartwell at an approximately 5.25--acre site on Hartwell Avenue in the Municipality, more
particularly described in Exhibit A attached hereto and made a part hereof (the "Project");
WHEREAS, such Project is to consist of a total number of 312 rental dwellings (the "Units") and
47 of the Units will be rented at rents specified in this Agreement to Eligible Tenants as specified
in paragraph two of this Agreement (the "Low- and Moderate-Income Units");
WHEREAS, the Chief Executive Officer of the Municipality (as that term is defined in the
Regulations) and the Developer have made application to EOHLC to certify that the units in the
Project are Local Action Units (as that term is defined in the Guidelines) within the LIP Program;
and
WHEREAS, in partial consideration of the execution of this Agreement, EOHLC has issued or
will issue its final approval of the Project within the LIP Program and has given and will give
technical and other assistance to the Project;
Revised June 2023
NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set
forth, and other good and valuable consideration, the receipt and sufficiency of which each of the
parties hereto hereby acknowledge to the other, EOHLC, the Municipality, and the Developer
hereby agree and covenant as follows:
1. Construction. The Developer agrees to construct the Project in accordance with
plans and specifications approved by the Municipality (the "Plans and Specifications”). In
addition, all Low- and Moderate-Income Units to be constructed as part of the Project must be
indistinguishable from other Units in the Project from the exterior (unless the Project has an
approved “Alternative Development Plan” as set forth in the Guidelines and must contain complete
living facilities including but not limited to a stove, refrigerator, kitchen cabinets, plumbing
fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications.
2 of the Low- and Moderate-Income Units shall be studio units;
25 of the Low- and Moderate-Income Units shall be one-bedroom units;
15 of the Low- and Moderate-Income Units shall be two-bedroom units; and,
5 of the Low- and Moderate-Income Units shall be three-bedroom units.
All Low- and Moderate-Income Units to be occupied by families must contain two or more
bedrooms. Low- and Moderate-Income Units must have the following minimum areas:
studio units - 250 square feet
one-bedroom units - 678 square feet
two-bedroom units - 900 square feet
three-bedroom units - 1156 square feet
During the term of this Agreement, the Developer covenants, agrees, and warrants that the
Project and each Low- and Moderate-Income Unit will remain suitable for occupancy and in
compliance with all federal, state, and local health, safety, building, sanitary, environmental, and
other laws, codes, rules, and regulations, including without limitation, laws relating to the
operation of adaptable and accessible housing for persons with disabilities. The Project must
comply with all similar local codes, ordinances, and by-laws.
2. Affordability.
(a) Throughout the term of this Agreement, each Low- and Moderate-Income
Unit will be rented for no more than the rental rates set forth herein to an Eligible Tenant. An
Eligible Tenant is a Family whose annual income does not exceed eighty percent (80%) of the
Area median income adjusted for family size as determined by the U.S. Department of Housing
and Urban Development (“HUD”). A “Family” shall mean two or more persons who will live
regularly in the Low- and Moderate-Income Unit as their primary residence and who are related
by blood, marriage, or operation of law or who have otherwise evidenced a stable inter-dependent
relationship; or an individual. The “Area” is defined as the Boston-Cambridge-Quincy HMFA.
Revised June 2023
(b) The monthly rents charged to tenants of Low- and Moderate-Income Units
shall not exceed an amount equal to thirty percent (30%) of the monthly adjusted income of a
Family whose gross income equals eighty percent (80%) of the median income for the Area, with
adjustment for the number of bedrooms in the Unit, as provided by HUD. In determining the
maximum monthly rent that may be charged for a Low- and Moderate-Income Unit under this
clause, the Developer shall include an allowance for any utilities and services (excluding
telephone) to be paid by the resident. Annual income shall be as defined in 24 C.F.R. 5.609 (or
any successor regulation) using assumptions provided by HUD. The initial maximum monthly
rents and utility allowances for the Low- and Moderate-Income Units are set forth in Exhibit B
attached hereto. If the rent for a Low- and Moderate-Income Unit is subsidized by a state or federal
rental subsidy program, then the rent applicable to the Low- and Moderate-Income Unit may be
limited to that permitted by such rental subsidy program, provided that the tenant’s share of rent
does not exceed the maximum annual rental expense as provided in this Agreement.
Annually as part of the annual report required under Subsection 2(e) below, the Developer
shall submit to the Municipality and EOHLC a proposed schedule of monthly rents and utility
allowances for all Low- and Moderate-Income Units in the Project. Such schedule shall be subject
to the approval of the Municipality and EOHLC for compliance with the requirements of this
Section. Rents for Low- and Moderate-Income Units shall not be increased without the
Municipality’s and EOHLC’s prior approval of either (i) a specific request by Developer for a rent
increase or (ii) the next annual schedule of rents and allowances. Notwithstanding the foregoing,
rent increases shall be subject to the provisions of outstanding leases and shall not be implemented
without at least 30 days’ prior written notice by Developer to all affected tenants. If an annual
request for a new schedule of rents for the Low- and Moderate-Income Units as set forth above is
based on a change in the Area median income figures published by HUD, and the Municipality
and EOHLC fail to respond to such a submission within thirty (30) days of the Municipality’s and
EOHLC’s receipt thereof, the Municipality and EOHLC shall be deemed to have approved the
submission. If an annual request for a new schedule of rents for the Low- and Moderate-Income
Units is made for any other reason, and the Municipality and EOHLC fail to respond within thirty
(30) days of the Municipality’s and EOHLC’s receipt thereof, the Developer may send EOHLC
and the Municipality a notice of reminder, and if the Municipality and EOHLC fail to respond
within thirty (30) days from receipt of such notice of reminder, the Municipality and EOHLC shall
be deemed to have approved the submission.
Without limiting the foregoing, the Developer may request a rent increase for the Low and
Moderate Units to reflect an increase in the Area median income published by HUD between the
date of this Agreement and the date that the Units begin to be marketed or otherwise made available
for rental pursuant to Section 4 below; if the Municipality and EOHLC approve such rent increase
in accordance with this subsection, the Initial Maximum Rents and Utility Allowances for Low-
and Moderate-Income Units in Exhibit B of the Agreement shall be deemed to be modified
accordingly.
(c) If, after initial occupancy, the income of a tenant of a Low- and Moderate-
Income Unit increases and, as a result of such increase, exceeds the maximum income permitted
hereunder for such a tenant, the Developer shall not be in default hereunder so long as either (i)
the tenant income does not exceed one hundred forty percent (140%) of the maximum income
Revised June 2023
permitted or (ii) the Developer rents the next available unit at the Development as a Low- and
Moderate-Income Unit in conformance with Section 2(a) of this Agreement, or otherwise
demonstrates compliance with Section 2(a) of this Agreement.
(d) If, after initial occupancy, the income of a tenant in a Low- and Moderate-
Income Unit increases, and as a result of such increase, exceeds one hundred forty percent (140%)
of the maximum income permitted hereunder for such a tenant, at the expiration of the applicable
lease term, the rent restrictions shall no longer apply to such tenant.
(e) Throughout the term of this Agreement, the Developer shall annually
determine whether the tenant of each Low- and Moderate-Income Unit remains an Eligible Tenant.
This determination shall be reviewed by the Municipality and certified to EOHLC as provided in
section 2(g), below.
(f) The Developer shall enter into a written lease with each tenant of a Low-
and Moderate-Income Unit which shall be for a minimum period of one year and which provides
that the tenant shall not be evicted for any reason other than a substantial breach of a material
provision of such lease.
(g) Throughout the term of this Agreement, the Chief Executive Officer shall
annually certify in writing to EOHLC that each of the Low- and Moderate-Income Units continues
to be Low- and Moderate-Income Unit as provided in sections 2 (a) and(c), above; and that the
Project and the Low- and Moderate-Income Units have been maintained in a manner consistent
with the Regulations and Guidelines and this Agreement.
3. Subsidized Housing Inventory.
(a) The Project will be included in the Subsidized Housing Inventory upon the
occurrence of one of the events described in 760 CMR 56.03(2). Only Low- and Moderate-Income
Units] will be deemed Low- and Moderate-Income housing to be included in the Subsidized
Housing Inventory.
(b) Units included in the Subsidized Housing Inventory will continue to be
included in the Subsidized Housing Inventory in accordance with 760 CMR 56.03(2) for as long
as the following three conditions are met: (1) this Agreement remains in full force and effect and
neither the Municipality nor the Developer are in default hereunder; (2) the Project and each of the
Low- and Moderate-Income Units continue to comply with the Regulations and the Guidelines as
the same may be amended from time to time and (3) each Low- and Moderate-Income Unit
remains a Low- and Moderate-Income Unit as provided in section 2(c), above.
4. Marketing. Prior to marketing or otherwise making available for rental any of the
Units, the Developer must obtain EOHLC's approval of a marketing plan (the "Marketing Plan")
for the Low- and Moderate-Income Units. Such Marketing Plan must describe the tenant selection
process for the Low- and Moderate-Income Units and must set forth a plan for affirmative fair
marketing of Low- and Moderate-Income Units to protected groups underrepresented in the
Municipality, including provisions for a lottery, as more particularly described in the Regulations
and Guidelines. At the option of the Municipality, and provided that the Marketing Plan
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demonstrates (i) the need for the local preference (e.g., a disproportionately low rental or
ownership affordable housing stock relative to need in comparison to the regional area), and (ii)
that the proposed local preference will not have a disparate impact on protected classes, the
Marketing Plan may also include a preference for local residents for up to seventy percent (70%)
of the Low- and Moderate-Income Units, subject to all provisions of the Regulations and
Guidelines and applicable to the initial rent-up only. When submitted to EOHLC for approval, the
Marketing Plan should be accompanied by a letter from the Chief Executive Officer of the
Municipality (as that term is defined in the Regulations) which states that the tenant selection and
local preference (if any) aspects of the Marketing Plan have been approved by the Municipality
and which states that the Municipality will perform any aspects of the Marketing Plan which are
set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must
comply with the Regulations and Guidelines and with all other applicable statutes, regulations and
executive orders, and EOHLC directives reflecting the agreement between EOHLC and the U.S.
Department of Housing and Urban Development in the case of NAACP, Boston Chapter v. Kemp.
If the Project is located in the Boston-Cambridge-Quincy MA-NH Metropolitan Statistical
Area, the Developer must list all Low- and Moderate-Income Units with the City of Boston's
MetroList (Metropolitan Housing Opportunity Clearing Center), at Boston City Hall, Fair
Housing Commission, Suite 966, One City Hall Plaza, Boston, MA 02201 (671-635-3321). All
costs of carrying out the Marketing Plan shall be paid by the Developer. A failure to comply with
the Marketing Plan by the Developer or by the Municipality shall be deemed to be a default of this
Agreement. The Developer agrees to maintain for five years following the initial rental of the last
Low- and Moderate-Income Unit and for five years following all future rentals, a record of all
newspaper advertisements, outreach letters, translations, leaflets, and any other outreach efforts
(collectively "Marketing Documentation") as described in the Marketing Plan as approved by
EOHLC which may be inspected at any time by EOHLC. All Marketing Documentation must be
approved by EOHLC prior to its use by the Developer or the Municipality. The Developer and
the Municipality agree that if at any time prior to or during the process of marketing the Low- and
Moderate-Income Units, EOHLC determines that the Developer, or the Municipality with respect
to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not
adequately complied with the approved Marketing Plan, that the Developer or Municipality as the
case may be, shall conduct such additional outreach or marketing efforts as shall be determined by
EOHLC.
5. Non-discrimination. Neither the Developer nor the Municipality shall discriminate
on the basis of race, creed, color, sex, age, disability, marital status, national origin, sexual
orientation, familial status, genetic information, ancestry, children, receipt of public assistance, or
any other basis prohibited by law in the selection of tenants; and the Developer shall not so
discriminate in connection with the employment or application for employment of persons for the
construction, operation or management of the Project.
6. Inspection. The Developer agrees to comply and to cause the Project to comply
with all requirements of the Regulations and Guidelines and all other applicable laws, rules,
regulations, and executive orders. EOHLC and the Chief Executive Officer of the municipality
shall have access during normal business hours to all books and records of the Developer and the
Project in order to monitor the Developer's compliance with the terms of this Agreement.
Revised June 2023
7. Recording. Upon execution, the Developer shall immediately cause this
Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County
where the Project is located or, if the Project consists in whole or in part of registered land, file
this Agreement and any amendments hereto with the Registry District of the Land Court for the
County where the Project is located (collectively hereinafter, the "Registry of Deeds"), and the
Developer shall pay all fees and charges incurred in connection therewith. Upon recording or
filing, as applicable, the Developer shall immediately transmit to EOHLC and the Municipality
evidence of such recording or filing including the date and instrument, book and page or
registration number of the Agreement.
8. Representations. The Developer hereby represents, covenants and warrants as
follows:
(a) The Developer (i) is a limited liability company duly organized under the
laws of the State of Delaware, and is qualified to transact business under the laws of this State, (ii)
has the power and authority to own its properties and assets and to carry on its business as now
being conducted, and (iii) has the full legal right, power and authority to execute and deliver this
Agreement.
(b) The execution and performance of this Agreement by the Developer (i) will
not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order
of any court or other agency or governmental body, and (ii) will not violate or, as applicable, has
not violated any provision of any indenture, agreement, mortgage, mortgage note, or other
instrument to which the Developer is a party or by which it or the Project is bound, and (iii) will
not result in the creation or imposition of any prohibited encumbrance of any nature.
(c) The Developer will, at the time of execution and delivery of this Agreement,
have good and marketable title to the premises constituting the Project free and clear of any lien
or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents
relating to the Project the terms of which are approved by EOHLC, or other permitted
encumbrances, including mortgages referred to in paragraph 17, below).
(d) There is no action, suit or proceeding at law or in equity or by or before any
governmental instrumentality or other agency now pending, or, to the knowledge of the Developer,
threatened against or affecting it, or any of its properties or rights, which, if adversely determined,
would materially impair its right to carry on business substantially as now conducted (and as now
contemplated by this Agreement) or would materially adversely affect its financial condition.
9. Transfer Restrictions.
(a) Except for rental of Units to Low- or Moderate-Income Tenants as
permitted by the terms of this Agreement, the Developer will not sell, transfer, lease, or exchange
the Project or any portion thereof or interest therein (collectively, a “Sale”) or (except as permitted
under Section (d) below) mortgage the Property without the prior written consent of EOHLC and
the Municipality.
(b) A request for consent to a Sale shall include:
Revised June 2023
- A signed agreement stating that the transferee will assume in full the
Developer’s obligations and duties under this Agreement, together with a
certification by the attorney or title company that it will be held in escrow
and, in the case of any transfer other than a transfer of Beneficial Interests,
recorded in the Registry of Deeds with the deed and/or other recorded
documents effecting the Sale;
- The name of the proposed transferee and any other entity controlled by or
controlling or under common control with the transferee, and names of any
affordable housing developments in the Commonwealth owned by such
entities;
- A certification from the Municipality that the Development is in compliance
with the affordability requirements of this Agreement.
(c) Consent to the proposed Sale shall be deemed to be given unless EOHLC
or the Municipality notifies the Developer within thirty (days) after receipt of the request that either
- The package requesting consent is incomplete, or
- The proposed transferee (or any entity controlled by or controlling or under
common control with the proposed transferee) has a documented history of
serious or repeated failures to abide by agreements of affordable housing
funding or regulatory agencies of the Commonwealth or the federal
government or is currently in violation of any agreements with such
agencies beyond the time permitted to cure the violation, or
- The Project is not being operated in compliance with the affordability
requirements of this Agreement at the time of the proposed Sale.
(d) The Developer shall provide EOHLC and the Municipality with thirty (30)
day’s prior written notice of the following:
(i) any change, substitution or withdrawal of any general partner,
manager, or agent of Developer; or
(ii) the conveyance, assignment, transfer, or relinquishment of a
majority of the Beneficial Interests (herein defined) in Developer
(except for such a conveyance, assignment, transfer or
relinquishment among holders of Beneficial Interests as of the date
of this Agreement).
(iii) the sale, mortgage, conveyance, transfer, ground lease, or exchange
of Developer’s interest in the Project or any party of the Project.
For purposes hereof, the term “Beneficial Interest” shall mean: (i) with respect to a
partnership, any partnership interests or other rights to receive income, losses, or a return on equity
Revised June 2023
contributions made to such partnership; (ii) with respect to a limited liability company, any
interests as a member of such company or other rights to receive income, losses, or a return on
equity contributions made to such company; or (iii) with respect to a company or corporation, any
interests as an officer, board member or stockholder of such company or corporation to receive
income, losses, or a return on equity contributions made to such company or corporation.
Notwithstanding the above, EOHLC’s consent under this Section 9 shall not be required
with respect to the grant by the Developer of any mortgage or other security interest in or with
respect to the Project to a state or national bank, state or federal savings and loan association,
cooperative bank, mortgage company, trust company, insurance company or other institutional
lender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee
of any of its rights and remedies (including without limitation, by foreclosure or by taking title to
the Project by deed in lieu of foreclosure), subject, however to the provisions of Section 14 hereof.
Notwithstanding anything contained in this Agreement, (i) a change in the general partner
or manager does not require prior notice or consent if made between the then-existing general
partner or manager and an affiliate under the control of or under common control with
the then-existing general partner or manager or if made between the then-existing general partner
or manager and an affiliate of the majority limited partner or member in Developer as of the date
of this Agreement; and (ii) transfers of upper-tier indirect ownership interests in the Developer,
which transfers, together with any prior transfers, would not result in a change of control with
respect to day-to-day decision making over the Project, a change in control of decisions
regarding the appointment of management agent, if applicable, or a change in control over
decision making regarding sale or refinancing of the Project, do not require prior notice or
consent and do not constitute “Beneficial Interests.”
Developer hereby agrees that it shall provide copies of any and all written notices received
by Developer from a mortgagee exercising or threatening to exercise its foreclosure rights under
the mortgage.
10. Casualty; Demolition; Change of Use.
(a) The Developer represents, warrants, and agrees that if the Project, or any
part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the
Developer (subject to the approval of the lender(s) which has provided financing) will use its best
efforts to repair and restore the Project to substantially the same condition as existed prior to the
event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate
the Project in accordance with this Agreement.
(b) The Developer shall not, without prior written approval of EOHLC and the
Municipality and an amendment to this Agreement, change the type or number of Low- and
Moderate-Income Units. The Developer shall not demolish any part of the Project or substantially
subtract from any real or personal property of the Project, or permit the use of the dwelling
accommodations of the Project for any purpose except residences and any other uses permitted by
the applicable zoning then in effect;
Revised June 2023
11. Governing Law. This Agreement shall be governed by the laws of the
Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and
executed by all of the parties hereto. The invalidity of any clause, part, or provision of this
Agreement shall not affect the validity of the remaining portions hereof.
12. Notices. All notices to be given pursuant to this Agreement shall be in writing and
shall be deemed given when delivered by hand or when mailed by certified or registered mail,
postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or
to such other place as a party may from time to time designate by written notice:
EOHLC: Executive Office of Housing and Livable Communities
Attention: Local Initiative Program Director
100 Cambridge Street, 3rd Floor
Boston, MA 02114
Municipality: Town of Lexington
Attention: Town Manager
1625 Massachusetts Avenue
Lexington, MA 02420
Developer: 17 Hartwell JV LLC
Attention: Regional General Counsel
800 Boylston Street, Suite 1900
Boston, MA 02199
With a copy to: 17 Hartwell JV LLC
Attention: Chris Carr – Development
800 Boylston Street, Suite 1900
Boston, MA 02199
13. Term.
(a) This Agreement and all of the covenants, agreements and restrictions
contained herein shall be deemed to be an affordable housing restriction as that term is defined in
G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall
bind, and the benefits shall inure to, respectively, Developer and its successors and assigns, and
EOHLC and its successors and assigns and the Municipality and its successors and assigns.
EOHLC has determined that the acquiring of such affordable housing restriction is in the public
interest. The term of this Agreement, the rental restrictions, and other requirements provided
herein shall be perpetual.
(b) The Developer intends, declares and covenants on behalf of itself and its
successors and assigns (i) that this Agreement and the covenants, agreements and restrictions
Revised June 2023
contained herein shall be and are covenants running with the land, encumbering the Project for the
term of this Agreement, and are binding upon the Developer's successors in title, (ii) are not merely
personal covenants of the Developer, and (iii) shall bind the Developer, its successors and assigns
and enure to the benefit of EOHLC and the Municipality and their successors and assigns for the
term of the Agreement. Developer hereby agrees that any and all requirements of the laws of the
Commonwealth of Massachusetts to be satisfied in order for the provisions of this Agreement to
constitute restrictions and covenants running with the land shall be deemed to be satisfied in full
and that any requirements of privity of estate are also deemed to be satisfied in full.
14. Lender Foreclosure. The rights and restrictions contained in this Agreement shall
not lapse if the Project is acquired through foreclosure or deed in lieu of foreclosure or similar
action, and the provisions hereof shall continue to run with and bind the Project.
15. Further Assurances. The Developer and the Municipality each agree to submit any
information, documents, or certifications requested by EOHLC which EOHLC shall deem
necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the
Municipality with the terms of this Agreement.
16. Default.
(a) The Developer and the Municipality each covenant and agree to give
EOHLC written notice of any default, violation or breach of the obligations of the Developer or
the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7)
days of first discovering such default, violation or breach (a "Default Notice"). If EOHLC
becomes aware of a default, violation, or breach of obligations of the Developer or the
Municipality hereunder without receiving a Default Notice from Developer or the Municipality,
EOHLC shall give a notice of such default, breach or violation to the offending party (with a copy
to the other party to this Agreement) (the "EOHLC Default Notice"). If any such default, violation,
or breach is not cured to the satisfaction of EOHLC within thirty (30) days after the giving of the
Default notice by the Developer or the Municipality, or if no Default Notice is given, then within
thirty (30) days after the giving of the EOHLC Default Notice, then at EOHLC's option, and
without further notice, EOHLC may either terminate this Agreement, or EOHLC may apply to any
state or federal court for specific performance of this Agreement, or EOHLC may exercise any
other remedy at law or in equity or take any other action as may be necessary or desirable to correct
non-compliance with this Agreement.
(b) If EOHLC elects to terminate this Agreement as the result of a breach,
violation, or default hereof, which breach, violation, or default continues beyond the cure period
set forth in this Section 16, then the Low- and Moderate-Income Units and any other Units at the
Project which have been included in the Subsidized Housing Inventory shall from the date of such
termination no longer be deemed Low- and Moderate-Income housing for the purposes of the Act
and shall be deleted from the Subsidized Housing Inventory.
(c) The Developer acknowledges that the primary purpose for requiring
compliance by the Developer with the restrictions provided herein is to create and maintain long-
term affordable rental housing, and by reason thereof the Developer agrees that EOHLC or the
Municipality or any prospective, present, or former tenant shall be entitled for any breach of the
Revised June 2023
provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce
the specific performance by the Developer of its obligations under this Agreement in a state court
of competent jurisdiction. The Developer further specifically acknowledges that the beneficiaries
of its obligations hereunder cannot be adequately compensated by monetary damages in the event
of any default hereunder. In the event of a breach of this Agreement, the Developer shall reimburse
EOHLC for all costs and attorney's fees associated with such breach.
17. Mortgagee Consents. The Developer represents and warrants that it has obtained
the consent of all existing mortgagees of the Project to the execution and recording of this
Agreement and to the terms and conditions hereof and that all such mortgagees have executed the
Consent and Subordination of Mortgage to Regulatory Agreement attached hereto and made a part
hereof.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
Revised June 2023
Executed as a sealed instrument as of the date first above written.
DEVELOPER
17 HARTWELL JV LLC, a Delaware limited
liability company
By: BXP 17 Hartwell JV Member LLC, a Delaware
limited liability company
By: Boston Properties Limited Partnership, a
Delaware limited partnership, its sole
member and manager
By: BXP, Inc., a Delaware corporation, its
general partner
By: __________________________
Name:
Title:
By: The Northwestern Mutual Life Insurance
Company, a Wisconsin corporation
By: Northwestern Mutual Investment
Management Company, a Wisconsin
corporation, its member
By: ____________________________
Name:
Title:
EXECUTIVE OFFICE OF HOUSING AND
LIVABLE COMMUNITIES
By:_______________________________________
Its:
MUNICIPALITY
By:_______________________________________
Its Chief Executive Officer
Attachments: Exhibit A - Legal Property Description
Exhibit B - Rents for Low- and Moderate-Income Units
Revised June 2023
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF_______________, ss. ____________, 20___
On this _______ day of ________________, 20__, before me, the undersigned notary public,
personally appeared _____________________________________, proved to me through satisfactory
evidence of identification, which were _______________________________, to be the person whose
name is signed on the preceding document, as _____________ of BXP, Inc., the general partner of
Boston Properties Limited Partnership, the sole member and manager of BXP 17 Hartwell JV Member
LLC, a member of 17 Hartwell JV LLC, and acknowledged to me that he/she signed it voluntarily for
its stated purpose.
__________________________________________
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF_______________, ss. ____________, 20___
On this _______ day of ________________, 20__, before me, the undersigned notary public,
personally appeared _____________________________________, proved to me through satisfactory
evidence of identification, which were _______________________________, to be the person whose
name is signed on the preceding document, as _____________ of Northwestern Mutual Investment
Management Company, on behalf of The Northwestern Mutual Life Insurance Company, a member of
17 Hartwell JV LLC, and acknowledged to me that he/she signed it voluntarily for its stated purpose.
__________________________________________
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
Revised June 2023
COUNTY OF_______________, ss. ____________, 20___
On this _______ day of ________________, 20__, before me, the undersigned notary public,
personally appeared _____________________________________, proved to me through satisfactory
evidence of identification, which were ______________________________, to be the person whose
name is signed on the preceding document, as _______________________ for the Commonwealth of
Massachusetts acting by and through the Executive Office of Housing and Livable Communities, and
acknowledged to me that he/she signed it voluntarily for its stated purpose.
__________________________________________
Notary Public
My Commission Expires:
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF_______________, ss. ____________, 20___
On this _______ day of ________________, 20__, before me, the undersigned notary public,
personally appeared _____________________________________, proved to me through satisfactory
evidence of identification, which were _______________________________, to be the person whose
name is signed on the preceding document, as _______________________ for the City/Town of
_______________________, and acknowledged to me that he/she signed it voluntarily for its stated
purpose.
__________________________________________
Notary Public
My Commission Expires:
Revised June 2023
CONSENT AND SUBORDINATION OF MORTGAGE
TO REGULATORY AGREEMENT
Reference is hereby made to a certain Mortgage dated ________ given by ___________ to
____________, recorded with the ________ Registry of Deeds at Book ______, Page ____
(“Mortgage”).
The Undersigned, present holder of said Mortgage, hereby recognizes and consents to the
execution and recording of this Agreement and agrees that the aforesaid Mortgage shall be subject
and subordinate to the provisions of this Agreement, to the same extent as if said Mortgage had
been registered subsequent thereto. The Undersigned further agrees that in the event of any
foreclosure or exercise of remedies under said Mortgage it shall comply with the terms and
conditions hereof.
[NAME OF LENDER]
Northwestern Mutual Life Insurance Company
By:_______________________________________
Its:
(If the Development has more than one mortgagee, add additional consent forms.)
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF_______________, ss. ____________, 20___
On this _______ day of ________________, 20__, before me, the undersigned notary
public, personally appeared _____________________________________, proved to me through
satisfactory evidence of identification, which were _______________________________, to be
the person whose name is signed on the preceding document, as _______________________ of
_______________________ Bank, and acknowledged to me that he/she signed it voluntarily for
its stated purpose.
__________________________________________
Notary Public
My Commission Expires:
Revised June 2023
EXHIBIT A
Re: _17 Hartwell Avenue
(Project name)
Lexington, MA
(City/Town)
BP 17 Hartwell LLC
(Developer)
Property Description
That certain parcel of land on Hartwell Avenue in Lexington, Massachusetts shown as containing
5.25 acres on a plan entitled "Plan of Land in Lexington, Mass.", dated May 10, 1966, by Albert
A. Miller and Wilbur C. Nylander, Civil Engineers & Surveyors, recorded with said Middlesex
South District Registry of Deeds, Book 11264, Page 518, as Plan No. 1465 of 1966.
Revised June 2023
EXHIBIT B
Re: 17 Hartwell Avenue
(Project name)
Lexington, MA
(City/Town)
BP 17 Hartwell LLC
(Developer)
Initial Maximum Rents and Utility Allowances for Low- and Moderate-Income Units
Gross Rents Utility Allowance Net Rents
Studio units $2,316 $146 $2,170
One-bedroom units $2,646 $204 $2,442
Two-bedroom units $2,977 $304 $2,673
Three-bedroom units $3,307 $389 $2,918
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve: Modifications to Schematic Design on the Lowell Street Affordable Housing
Project
PRESENTER:
Dave Traggorth, Causeway
Development
ITEM
NUMBER:
I.1
SUMMARY:
Category: Decision-making
Dave Traggorth, Causeway Development will present the Modifications to Schematic Design on the Lowell
Street Affordable Housing Project to the Select Board.
SUGGESTED MOTION:
FOLLOW-UP:
Town Manager's Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025 6:45pm
ATTACHMENTS:
Description Type
Lexington Parcel 68-44_AHT Presentation Backup Material
Lexington Modification Letter Backup Material
Memo to Select Board re. Causeway Development Design Modification Backup Material
Lexington Parcel 68-44
Affordable Housing Trust Meeting
9/4/2025
Project Team
What we’ve been up to:
●Additional surveying
●Identification and surveying of all trees on site
●Additional soils analysis
●Modifications to site layouts to accommodate all project goals with latest information
●Project eligibility letter received from EOHLC
What We’ve Been Up To
Current Site Plan
Proposed Site Plan
Landscape Amenity Precedents
Stormwater and Grading Plan
Stormwater and Grading Plan
Fire Truck Access Turning Radius
Site Axon
Community Building with
Housing on Upper Floors
Amenity Pavilion with Grills
Communal Landscape Zone
Sloped Vegetation Buffer
Two Way Road
Solar Panel (PV) Arrays on
South Facing Sloped Roofs
Typical Residential Building
(12 Units per Building)
Visitor and Resident Parking
Site Entry
Perspective Rendering - Entry View
Perspective Rendering - Common Outdoor Space
Perspective Rendering - Common Outdoor Space (Pavilion)
Perspective Rendering - Road View
Primary Building Type - Floor Plans
Community Building - Floor Plans
Primary Building Type - Typical 3 Bed
Typical 3 Bed Unit
3 Bed / 1.5 Bath
998 sf
Primary Building Type - Typical 2 Bed
Typical 2 Bed Unit
2 Bed / 1 Bath
812 sf
Primary Building Type - Typical 1 Bed
Typical 1 Bed Unit
1 Bed / 1 Bath
595 sf
Community Building - Typical 3 Bed
Typical 3 Bed Unit
3 Bed / 1.5 Bath
1,033 sf
Community Building - Typical 1 Bed
Typical 1 Bed Unit
1 Bed / 1 Bath
649 sf
PO Box 216, Hanover, MA 02339
www.causewaydevelopment.com
September 10, 2025
Town of Lexington
Attn: Steve Bartha, Town Manager
Town Hall
1625 Massachusetts Avenue
Lexington, MA 02420
Email: sbartha@lexingtonma.gov
RE: Lowell Street Affordable Housing Site Modifications
Dear Mr. Bartha and Select Board Members:
Over the past several months, we have continued to advance the design of the Lowell Street
Affordable Housing Project, including updated surveying, tree identification and analysis, and
expanded geotechnical and soils testing. While the originally proposed layout could be made
workable from an engineering perspective, further study demonstrated that a modified layout
would provide tangible benefits to future residents, abutters, and the wider Lexington community
and we want to share these modifications with you.
We presented these refinements on August 26th in a Design Review Team (DRT) meeting attended
by staff from Building, Engineering, Fire, Zoning, Traffic, Planning, and Conservation. We
subsequently presented the modified design to the Affordable Housing Trust at its September 4th
meeting. Town staff and the Affordable Housing Trust expressed a preference for this modified plan
over the loop scheme. We believe the modified layout is preferable for the reasons outlined below.
Benefits of the modified layout include:
• Improved green space: The widened loop road in the prior scheme compressed the central
greenspace. The new scheme consolidates this into a contiguous, pedestrian-oriented
green, buffered from vehicles, and directly connected to the community room and natural
buffer zone. It also increases the separation between the new homes and existing neighbors
along the plan north.
• Reduced impervious area and footprint: By changing the loop road to a two way in/out
road, the scheme significantly decreases pavement, avoids the need for permeable paving
and extensive soil excavation along with it, and eliminates a detention basin. As is the case
today, after the proposed renovations are complete, all stormwater will remain on site.
• Better grading and accessibility: The number and scale of retaining walls are reduced,
with only one small wall remaining at the plan south of the site near the existing rock
outcropping. The new grading works more seamlessly with existing topography and
improves site-wide accessibility, creating possible connections between the buffer zone
and the residential areas.
• Tree preservation and healthier planting: The prior scheme required road widening and
underground chambers that would have required more extensive tree cutting than originally
planned, especially along Lowell Street. The revised plan better preserves mature trees and
allows for new plantings to grow to full size, enhancing long-term canopy and ecological
benefit.
What has not changed:
• Forty homes are still proposed, with an EOHLC-compliant unit mix.
• The community room, management office, and 60 on-site parking spaces remain as
previously committed and discussed in the community meetings.
• The architectural character, including solar-ready design, energy efficiency measures, and
general look and feel, is unchanged.
As required under the Land Disposition Agreement, any modifications to the schematic design
plans are being advanced in consultation with the Town (Sections 3.6(b) and 6.1(a)), and we
confirm that the revised scheme continues to deliver the core program: 100% affordable housing,
consistent unit sizes and mix, and the amenities and management functions originally committed.
We further note that the proposed modifications are consistent with the examples of insubstantial
changes pursuant to 760 CMR 56.07(4)(d).
We believe this refinement represents a stronger outcome—environmentally, socially, and
economically—while keeping with both the Town’s goals and our obligations under the LDA. We
look forward to continuing to work collaboratively with the Town boards and the community to
move the project through permitting and into construction.
Sincerely,
Dave Traggorth
Causeway Development LLC
cc: Lexington Town Counsel
Anderson & Kreiger LLP
50 Milk Street, 21st Floor
Boston, MA 02109
Attn: Mina Makarious
Email: mina@andersonkreiger.com
7469383.1
M E M O R A N D U M
To: Select Board
From: Affordable Housing Trust
Date: September 18, 2025
RE: Lowell Street Parcel 68-44 Design Modifications
On September 4, 2025, Causeway Development met with the Affordable Housing Trust and
presented modifications to the “Schematic Plans” as defined in the Land Disposition
Agreement dated February 5, 2025 between the Town of Lexington and Causeway
Development LLC. Causeway Development proposes to change the development design
by removing one building and going from a one way loop road to a two way “cul de sac” type
road.
Causeway met with Town staff on August 27, 2025 to solicit input on its proposed revised
site plan. The Town’s DRT was composed of staff from building, zoning, planning,
conservation, engineering, and fire. The response was positive and staff recommends the
revised plan.
The Affordable Housing Trust unanimously supports the design modifications and requests
that the Select Board approve these modifications for the following reasons:
1) The number of affordable units remains at 40 units;
2) The revised design requires less excavation, less removal of trees, more opportunity
to plant large trees, less impermeable surface;
3) There will be significant preservation of existing trees within the setbacks;
4) There will be more level open space with room for resident amenities such as a play
area and large community gathering space;
5) The stormwater management system remains outside of the wetlands buffer zone.
All of the stormwater will remain on site and drain towards the center of the site;
6) The buildings are farther away from the neighbors/abutters;
7) The community building design will be consistent with the other buildings; and
8) Town staff recommends the modified plan.
We believe that these modifications will positively address questions/concerns raised by
the neighbors/abutters, various Lexington Boards, Committees and Commissions, and the
wider Lexington community.
Thank you for your consideration.
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Acceptance of Land Donations (Parcels 22-147A, 22-63 and portion of 22-140) and Approval
of Trail Easement (crossing Parcel 22-147)
PRESENTER:
Charlie Wyman
ITEM
NUMBER:
I.2
SUMMARY:
Category: Decision-making
The Board is being asked to accept the gift of land by voting to approve the donation agreements and further
to approve the trail easement agreement all of which are from Bill ad Sheila Widnall and the Widnall Trust for
parcels located off Summit and Follen Road. The Conservation Commission will be taking up the vote to
accept the gift of land and the easement at their Tuesday, 9/30th meeting. The Planning Board will vote the
ANR for Lot 140 at an upcoming meeting as well. The closing is scheduled for 10/15.
The overall transaction involves gifts in fee of Parcels 22-63 and 22-147A, a trail easement from Summit Road
to Parcel 22-63 across Bill and Sheila Widnall’s house lot (22-147), and a gift in fee of a portion of Parcel 22-
140, owned by the Widnall Family Trust
Conservation worked with Town Counsel, who has provided the necessary Select Board vote for this.
The Select Board extends it's sincerest thanks to the Widnall family for this generous gift to the Town of
Lexington and its residents.
SUGGESTED MOTION:
move to vote as follows with respect to the following parcels of land in Lexington, Middlesex County,
Massachusetts:
(i) Parcel 147A on the Town of Lexington Assessor’s Map 22, consisting of approximately
7,901 square feet and shown as Parcel 3 on that certain plan entitled “Plan of Land in Lexington,
MA” dated September 9, 2022 and recorded with the Middlesex South District Registry of Deeds
(the “Registry”) as Plan 803 of 2022 and described in that certain Deed to William S. Widnall and
Sheila E. Widnall (hereinafter together, “Widnall”) recorded with the Registry in Book 81021, Page
338 (hereinafter, “Parcel 147A”);
(ii) Parcel 63 on the Town of Lexington Assessor’s Map 22, consisting of approximately
61,184 square feet and described in that certain Deed to Widnall recorded with the Registry in Book
14344, Page 112 (hereinafter, “Parcel 63”); and
(iii) A portion of Parcel 140 on the Town of Lexington Assessor’s Map 22, which portion is shown
as “Parcel 26C, Not a Buildable Lot, Area = 8309 S.F.” on that certain plan entitled “P lan of Land,
Parcel 22-140, Follen Road ~ Lexington, MA Prepared for Town of Lexington MA” by GCG
Associates, Inc.” dated September 22, 2025 to be recorded with the Registry (hereinafter, “P arcel
26C”). Parcel 140 is owned by Ann Widnall Vawter, Trustee of the Widnall Family Trust u/d/t dated
July 8, 1981 recorded with the Registry in Book 14344, Page 106, as amended of record (the “Trust”),
by virtue of a Deed dated July 8, 1981 and recorded with said Deeds in Book 14344, Page 110.
(a) To approve that certain Real Property Donation Agreement by and between Widnall and the Town of
Lexington, acting by and through its Conservation Commission, for P arcel 147A and Parcel 63, and that certain
Real Property Donation Agreement by and between the Trust and the Town of Lexington, acting by and through
its Conservation Commission, for Parcel 26C, both substantially in the form presented to the Board at its
September 29, 2025 meeting;
(b) To approve the deeds to Parcel 147A, Parcel 63, and Parcel 26C to the Town of Lexington, acting by and
through its Conservation Commission, substantially in the forms presented to the Board at its September 29, 2025
meeting, with final changes to be made by the Town Manager or the Chair of the Conservation Commission in
their reasonable discretion in consultation with Town Counsel;
(c) To approve that certain Easement Agreement to be granted by Widnall to the Town of Lexington, acting by
and through its Conservation Commission, on a portion of P arcel 147 on the Town of Lexington Assessor’s Map
22, commonly known as 22 Summit Avenue, substantially in the form presented to the Board at its September 29,
2025 meeting, with final changes to be made by the Town Manager or the Chair of the Conservation Commission
in their reasonable discretion in consultation with Town Counsel; and
(d) To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in
the judgment of the Town Manager, to complete the acquisition of Parcel 147A, Parcel 63, and Parcel 26C,
and accept and enter into the Easement Agreement, all in accordance with the Real Property Donation
Agreements, including without limitation, executing and delivering deed acceptances, easement acceptances,
closing forms, affidavits, documents and settlement statements.
FOLLOW-UP:
Conservation Department
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025 7:00pm
ATTACHMENTS:
Description Type
Widnall Presentation.pptx Backup Material
Proposed Widnall Family Conservation Gifts Backup Material
Select Board Vote Backup Material
Proposed Deed for 147A and 63 Backup Material
Deed from Trust for Follen Road Backup Material
Easement Agreement Backup Material
Trust Donation Agreement- signed by Town Backup Material
Widnall Donation Agreement- signed by Town Backup Material
ANR for proposed parcel 26C (a portion of 140)Backup Material
Widnall Family house lot
22 Summit Road
Trail easement
Gift of land
Possible trail routes
Proposed Widnall Family Conservation Gifts:
From Bill and Sheila Widnall:
Lots 22-63 (61,184 sq ft) and 22-147A (7,901 sq ft)
Trail easement along southern boundary of their house lot (22-147)
From Widnall Family Trust, Ann Widnall Vawter, Trustee:
Portion of Lot 22-140 (8,309 sq ft)
Total area of land gift: 1.78 acres (not including Bridle Path)
Widnall Family house lot
22 Summit Road
Trail easement
RECORD VOTE OF THE LEXINGTON SELECT BOARD
SEPTEMBER 29, 2025
At a duly called public meeting of the Lexington Select Board on September 29, 2025, the
Board voted as follows with respect to the following parcels of land in Lexington, Middlesex
County, Massachusetts:
(i) Parcel 147A on the Town of Lexington Assessor’s Map 22, consisting of
approximately 7,901 square feet and shown as Parcel 3 on that certain plan
entitled “Plan of Land in Lexington, MA” dated September 9, 2022 and recorded
with the Middlesex South District Registry of Deeds (the “Registry”) as Plan 803
of 2022 and described in that certain Deed to William S. Widnall and Sheila E.
Widnall (hereinafter together, “Widnall”) recorded with the Registry in Book
81021, Page 338 (hereinafter, “Parcel 147A”);
(ii) Parcel 63 on the Town of Lexington Assessor’s Map 22, consisting of
approximately 61,184 square feet and described in that certain Deed to Widnall
recorded with the Registry in Book 14344, Page 112 (hereinafter, “Parcel 63”);
and
(iii) A portion of Parcel 140 on the Town of Lexington Assessor’s Map 22, which
portion is shown as “Parcel 26C, Not a Buildable Lot, Area = 8309 S.F.” on that
certain plan entitled “Plan of Land, Parcel 22-140, Follen Road ~ Lexington, MA
Prepared for Town of Lexington MA” by GCG Associates, Inc.” dated September
22, 2025 to be recorded with the Registry (hereinafter, “Parcel 26C”). Parcel 140
is owned by Ann Widnall Vawter, Trustee of the Widnall Family Trust u/d/t dated
July 8, 1981 recorded with the Registry in Book 14344, Page 106, as amended of
record (the “Trust”), by virtue of a Deed dated July 8, 1981 and recorded with
said Deeds in Book 14344, Page 110.
(a) To approve that certain Real Property Donation Agreement by and between Widnall and the
Town of Lexington, acting by and through its Conservation Commission, for Parcel 147A and
Parcel 63, and that certain Real Property Donation Agreement by and between the Trust and
the Town of Lexington, acting by and through its Conservation Commission, for Parcel 26C,
both substantially in the form presented to the Board at its September 29, 2025 meeting;
(b) To approve the deeds to Parcel 147A, Parcel 63, and Parcel 26C to the Town of Lexington,
acting by and through its Conservation Commission, substantially in the forms presented to
the Board at its September 29, 2025 meeting, with final changes to be made by the Town
Manager or the Chair of the Conservation Commission in their reasonable discretion in
consultation with Town Counsel;
(c) To approve that certain Easement Agreement to be granted by Widnall to the Town of
Lexington, acting by and through its Conservation Commission, on a portion of Parcel 147 on
the Town of Lexington Assessor’s Map 22, commonly known as 22 Summit Avenue,
substantially in the form presented to the Board at its September 29, 2025 meeting, with final
changes to be made by the Town Manager or the Chair of the Conservation Commission in
their reasonable discretion in consultation with Town Counsel; and
(d) To authorize the Town Manager to take all actions on behalf of the Town that are reasonably
necessary, in the judgment of the Town Manager, to complete the acquisition of Parcel 147A,
Parcel 63, and Parcel 26C, and accept and enter into the Easement Agreement, all in accordance
with the Real Property Donation Agreements, including without limitation, executing and
delivering deed acceptances, easement acceptances, closing forms, affidavits, documents and
settlement statements.
TOWN OF LEXINGTON
SELECT BOARD
______________________________
Jill I. Hai, Chair
______________________________
Joseph N. Pato
______________________________
Douglas M. Lucente
______________________________
Mark D. Sandeen
______________________________
Vineeta Ajay Kumar
QUITCLAIM DEED
WILLIAM S. WIDNALL and SHEILA E. WIDNALL, husband and wife as tenants by the
entirety, having a mailing address of 22 Summit Road, Lexington, Massachusetts 02421,
for consideration paid and in full consideration of One Dollar ($1.00),
grant to TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and
through its Conservation Commission pursuant to G.L. c. 40, §8C, having a mailing address of
1625 Massachusetts Avenue, Lexington, Massachusetts 02420, to be under the care custody and
control of said Conservation Commission pursuant to the provisions of Massachusetts General
Laws Chapter 40, §8C,
with quitclaim covenants,
The land in Lexington, Middlesex County, Massachusetts described in Exhibit A attached hereto
and incorporated herein by reference (the “Property”)
Subject to and together with the benefit of easements, restrictions and reservations of record as of
the date hereof, including the perpetual, non-exclusive easement appurtenant to the Property as
evidenced by the Easement Agreement granted by William S. Windall and Sheila E. Widnall to
the Town of Lexington, acting by and through its Conservation Commission, dated
_____________________, 2025 and recorded herewith, which Easement Agreement grants
access to the property conveyed hereby and for the use of a trail.
Grantor hereby release any and all rights of homestead in said premises and certify under the pains
and penalties of perjury that to the best of my knowledge there are no other persons entitled to
protection of the Homestead Act.
No Massachusetts Deed Excise Stamps are affixed hereto as the consideration is such that none
are required by law.
SEE SIGNATURES ON FOLLOWING PAGE Property Address: Bridle Path/Summit Road and Parcel on Summit Road, Lexington, MA
Witness our hands and seals this _________ day of _______________________, 2025.
_____________________________
William S. Widnall
_____________________________
Sheila E. Widnall
COMMONWEATLH OF MASSACHUSETTS
COUNTY OF __________________________
On this ___ day of ____________________, 2025, before me, the undersigned notary public,
personally appeared William S. Widnall, proved to me through satisfactory evidence of
identification, which was ________________________________________, to be the person
whose name is signed on the preceding document and acknowledged to me that he signed it
voluntarily for its stated purpose.
____________________________________
Notary Public:
My Commission Expires:
COMMONWEATLH OF MASSACHUSETTS
COUNTY OF __________________________
On this ___ day of ____________________, 2025, before me, the undersigned notary public,
personally appeared Sheila E. Widnall, proved to me through satisfactory evidence of
identification, which was ________________________________________, to be the person
whose name is signed on the preceding document and acknowledged to me that she signed it
voluntarily for its stated purpose.
____________________________________
Notary Public:
My Commission Expires:
EXHIBIT A
Those two certain parcels of land located in Lexington, Commonwealth of Massachusetts, more
particularly described as follows:
First Parcel
Parcel 3 on that certain plan entitled “Plan of Land in Lexington, MA (Middlesex County)” dated
September 9, 2022, by Rober Survey, recorded with the Middlesex South District Registry of
Deeds as Plan No. 803 of 2022.
Containing 7,901 square feet, more or less.
The above-described parcel is also identified as Parcel 147A on the Town of Lexington
Assessor’s Map 22.
For title reference, see Deed from Summit Hill Holdings, LLC, dated November 29, 2022,
effective date of December 5, 2022, and recorded with said Registry at Book 81021, Page 338.
Second Parcel
A certain lot of land situate in that part of the Easterly portion of said Lexington known as Follen
Heights, being the Southeasterly portion of Lot 32 and the Easterly portion of Lot 33, shown on a
plan entitled “Plan of Follen Heights, Lexington”, dated May, 1917, revised February 17, 1926,
by Ernst W. Branch, Civil Engineer, recorded with said Deeds in Plan Book 375, Plan 30,
bounded and described as follows:
Beginning at a point on the Right of Way shown as “Bridle Path” on said plan recorded as Plan
No. 35 in Book of Plans 297 where the Southerly line of “Parcel N” described in a deed recorded
with said Deeds in Book 4869, Page 577 intersects the Westerly line of said Bridle Path and
thence running in a general
SOUTHEASTERLY direction as the wall stands on the Westerly and Southwesterly
side of said Bridle Path, one hundred thirty-two (132) feet and one
hundred seventy-eight and 46/100 (178.46) feet; thence
SOUTHWESTERLY by the parcel shown on the plan in Plan Book 375, Plan 30, as
“Sold-Part of Lot 33”, one hundred twenty-six and 60/100 (126.60)
feet; thence running
WESTERLY by land of owners unknown, two hundred forty-six (246) feet to
the Southeasterly corner of the premises conveyed to Carroll C.
Taylor et ux by a deed recorded with said Deeds in Book 7370,
Page 458; thence running
NORTHEASTERLY by said land conveyed to Taylor to the Southerly corner of land
conveyed to McCrea by a deed recorded with said Deeds in Book
6265, Page 491, thence running
NORTHEASTERLY
BUT MORE
EASTERLY by said McCrea land, this line being parallel with and 250 feet
Southeasterly from the Southeast line of Summit Road to
“Parcel N” above referred to; thence turning and running
SOUTHEASTERLY by said “Parcel N” to the point of beginning.
Containing 61,184 square feet, more or less.
The above-described parcel is also identified as Parcel 63 on the Town of Lexington Assessor’s
Map 22.
For title reference, see Deed from Maurice D. Kilbridge, et ux, to William S. Widnall and Sheila
E. Widnall dated July 8, 1981 and recorded with Middlesex South District Registry of Deeds at
Book 14344, Page 112.
APPROVAL OF DEED BY TOWN OF LEXINGTON
SELECT BOARD
The Town of Lexington, a Massachusetts municipal corporation, acting by and through
its Select Board, hereby approves the foregoing deed from William S. Widnall and Sheila E.
Widnall on this ____ day of _________________, 2025
TOWN OF LEXINGTON
BY ITS SELECT BOARD
______________________________
By:
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _________, 2025, before me, the undersigned Notary Public,
personally appeared _________________________, proved to me through satisfactory evidence
of identification, which was personal knowledge, to be the person whose name is signed on the
preceding or attached document and acknowledged to me that s/he signed it voluntarily for its
stated purpose, as ____________________________________.
________________________________
Notary Public
My Commission Expires:
ACCEPTANCE OF DEED BY TOWN OF LEXINGTON
CONSERVATION COMMISSION
The Town of Lexington, a Massachusetts municipal corporation, acting by and through its
Conservation Commission, hereby accepts the foregoing deed from William S. Widnall and Sheila
E. Widnall on this ____ day of _________________, 2025.
TOWN OF LEXINGTON
By its Conservation Commission
_______________________
By:
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this ___ day of ______________, 2025, before me, the undersigned notary public,
personally appeared ____________________________, proved to me through satisfactory
evidence of identification which was personal knowledge, to be the person whose name is signed
on the proceeding or attached document, and acknowledged to me that he signed it voluntarily
for its stated purpose, as ____________________________________.
______________________________
Notary Public
My Commission Expires:
QUITCLAIM DEED
Ann Widnall Vawter, not individually but as Trustee of the Widnall Family Trust, under
Declaration of Trust dated July 8, 1981 and recorded with Middlesex South District Registry of
Deeds at Book 14344, Page 106, as amended of record,
for consideration paid and in full consideration of One Dollar ($1.00),
grant to TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and
through its Conservation Commission pursuant to G.L. c. 40, §8C, having a mailing address of
1625 Massachusetts Avenue, Lexington, Massachusetts 02420, to be under the care custody and
control of said Conservation Commission pursuant to the provisions of Massachusetts General
Laws Chapter 40, §8C,
with quitclaim covenants,
The land in Lexington, Middlesex County, Massachusetts described in Exhibit A attached hereto
and incorporated herein by reference (the “Property”)
Subject to and together with the benefit of easements, restrictions and reservations of record as of
the date hereof.
Grantor hereby releases any and all rights of homestead in said premises and certifies under the
pains and penalties of perjury that to the best of my knowledge there are no other persons entitled
to protection of the Homestead Act.
No Massachusetts Deed Excise Stamps are affixed hereto as the consideration is such that none
are required by law.
See Trustee’s Certificate dated January 16, 2025 and recorded with the Registry at Book 83706,
Page 253; Acceptance of Trustee for Ann Widnall Vawter, dated January 16, 2025 and recorded
with said Registry at Book 83706, Page 247; Resignation of Sheila E. Widnall dated January 9,
2025 and recorded with said Deeds at Book 83706, Page 250; and Appointment of Ann Widnall
Vawter as Trustee dated _____________________, 2025, but effective as of January 16, 2025,
recorded herewith.
SEE SIGNATURE ON FOLLOWING PAGE Property Address: Follen Road, Lexington, MA
Witness my hand and seal this _________ day of _______________________, 2025.
_______________________________
Ann Widnall Vawter, not individually
but as Trustee of the Widnall Family
Trust
COMMONWEATLH OF MASSACHUSETTS
COUNTY OF __________________________
On this ___ day of ____________________, 2025, before me, the undersigned notary public,
personally appeared Ann Widnall Vawter, not individually but as Trustee of the Widnall Family
Trust, proved to me through satisfactory evidence of identification, which was
________________________________________, to be the person whose name is signed on the
preceding document and acknowledged to me that she signed it voluntarily for its stated purpose,
as Trustee as aforesaid.
____________________________________
Notary Public:
My Commission Expires:
EXHIBIT A
That certain parcel of land located in Lexington, Commonwealth of Massachusetts, more
particularly described as follows:
A parcel of land shown as “Parcel 26C, Not a Buildable Lot, Area = 8,309 S.F.”, shown on an
approval not required plan entitled “Plan of Land, Parcel 22-140, Follen Road ~ Lexington, MA
Prepared for Town of Lexington, MA” dated September 22, 2025, by GCG Associates, Inc.,
recorded with said Deeds on ______________________, 2025 in Plan Book ______, Plan ____.
The above-described parcel is a portion of Parcel 140 on the Town of Lexington Assessor’s
Map 22.
For title reference, see Deed from Maurice D. Kilbridge and Helen H. Kilbridge to Sheila E.
Widnall, Trustee of the Widnall Family Trust dated July 8, 1981 and recorded with Middlesex
South District Registry of Deeds at Book 14344, Page 110.
ACCEPTANCE OF DEED BY TOWN OF LEXINGTON
CONSERVATION COMMISSION
The Town of Lexington, a Massachusetts municipal corporation, acting by and through its
Conservation Commission, hereby accepts this deed from Ann Widnall Vawter, not individually
but Trustee of the Widnall Family Trust, on this ____ day of _________________, 2025.
TOWN OF LEXINGTON
By its Conservation Commission
_______________________
By:
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this ___ day of ______________, 2025, before me, the undersigned notary public,
personally appeared ____________________________, the ______________________
of the Town of Lexington _____________________________________ and proved to me
through satisfactory evidence of identification which was personal knowledge, to be the person
whose name is signed on the proceeding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
______________________________
Notary Public
My Commission Expires:
EASEMENT AGREEMENT
This Easement Agreement (this “Agreement”) is entered into as of the _____ day
of _______________________, 2025, by and among WILLIAM S. WIDNALL and
SHEILA E. WIDNALL, husband and wife as tenants by the entirety, having a mailing
address of 22 Summit Road, Lexington, Massachusetts 02421 (the “Owner”), and the
TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and through
its Conservation Commission pursuant to G.L. c. 40, §8C, having an address of 1625
Massachusetts Avenue, Lexington, Massachusetts 02420 (the “Town”).
WHEREAS, the Owner is the fee simple owner of that certain parcel commonly
known as 22 Summit Road, Lexington, Massachusetts, identified as Parcel 147 on the
Town’s Assessors Map 22, pursuant to that certain Quitclaim Deed recorded with the
Middlesex South Registry of Deeds (the “Registry”) in Book 11550, Page 471 and that
certain Quitclaim Deed recorded with the Registry in Book 81021, Page 338 (the
“Property”);
WHEREAS, the Owner has agreed to grant to the Town, for the purposes of
walking, hiking, and otherwise accessing walking trails, certain easements in, over, across
and upon certain portions of the Property shown as “Proposed Pedestrian Access Easement
Area = 4,480 S.F. ±” (the “Easement Area”) on a plan entitled “Plan of Easement, 22
Summit Road ~ Lexington, MA Prepared For Town of Lexington, Massachusetts” dated
September 22, 2025, prepared by GCG Associates, Inc., and recorded with the Registry on
________ ___, 2025 as Plan No. ______ of 2025 (the “Plan”), pursuant to the terms and
provisions of this Agreement.
NOW, THEREFORE for consideration paid of One ($1.00) Dollar, the receipt and
sufficiency of which are hereby acknowledged, each of the parties covenants and agrees as
follows:
1. Grant of Easement. The Owner hereby grants to the Town a perpetual, non-
exclusive right and easement (the “Easement”) over, under, through, across, within, and
upon the Easement Area, for the purposes of constructing, marking, maintaining, and
relocating a trail no more than 5 feet in width for walking, hiking, and otherwise accessing
walking trails on foot, snowshoe, and ski by members of the public, including the right to
walk but not ride bicycles if permitted by Conservation Commission rules for the adjacent
conservation land. The right to vehicular or motorized access within the Easement Area is
strictly and specifically not authorized by this Easement.
2. Prohibited Uses. The Owner may not obstruct the Easement Area or use it in any
way that derogates from the intent of this Agreement. The Owner hereby agrees not to
grant any other easements, leases, deeds, licensees or any other rights to the Easement Area
that will materially and adversely interfere with the Town’s rights under this Agreement
without the prior written consent of the Town, which consent may be withheld or granted
in the Town’s sole and absolute discretion.
3. Maintenance and Repair. For as long as the trail is open to the public, the Town
agrees to be responsible for the construction, maintenance, and repair of the trail. The
Owner agrees for itself and its successors and assigns to perform all work necessary, if any,
in connection with all other landscaping, maintenance, repair and use of the Easement Area
at the Owner’s sole cost and expense. All of said work shall be performed in a good
workmanlike manner in compliance with all applicable laws, regulations, codes, bylaws
and ordinances. Use of the Easement Area by members of the general public shall be at
their own risk. The Owner shall not be obligated to remove or clear snow from any portion
of the Easement Area.
4. Fence and Sign. The Town agrees that prior to opening the Easement Area to the
public, it shall pay to have a split-rail fence installed along the boundaries of the
Easement Area. Upon the completion of the installation of the fence, the parties
acknowledge and agree that the Town shall have no further obligations regarding the
maintenance, repair, replacement or payment for such fence. At the same time, the Town
shall install and maintain a sign at the entrance at Summit Road identifying the trail as an
entrance to Widnall Woods, provided that the size and exact location of such sign shall be
at the sole discretion of the Town.
5. No Relocation. The Owner shall not be entitled to relocate the Easement Area
without the express prior written consent of the Town, which consent may be withheld in
the Town’s sole and absolute discretion.
6. Additional Provisions.
a. The Owner warrants and represents that the person executing this Agreement
has authority to do so, and that there are no mortgages or encumbrances of
record or otherwise on the Property that will negate or negatively impact this
Agreement.
b. The Town warrants and represents that it is duly authorized and fully qualified
to execute this Easement, and that the individually executing this Easement is
duly authorized to execute this Easement on behalf of the Town pursuant to a
vote of the Lexington Select Board dated September 29, 2025 and a vote of the
Lexington Conservation Commission dated September 30, 2025, certified
copies of which are recorded herewith.
c. This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts. The terms, provisions and agreements herein contained may
be amended only by a duly executed instrument in writing thereafter filed in
the Registry. If any term or provision of this Agreement is held to be invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby. This Agreement may be executed in one or more counterparts, each
of which shall constitute a part of the same instrument. The caption headings
of the various sections and paragraphs of this Agreement are for convenience
and identification only and shall not be deemed to limit, expand or define the
contents of the respective sections or paragraphs.
d. No Massachusetts Deed Excise Stamps have been affixed hereto as the Town
is a municipality and the consideration is such that none are required by law.
e. This grant of a recreational trail easement is consistent with the purposes
described in M.G.L. Chapter 21, Section 17C and the Owner and the Town
shall each have the benefit and protection of the limitation on liability
contained in such section to the fullest extent permitted by law.
[Signatures on following pages]
Executed as a sealed instrument this __________ day of _______________, 2025.
__________________________________
William S. Widnall
__________________________________
Sheila E. Widnall
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _____________, 2025 before me, the undersigned notary
public, personally appeared William S. Widnall, proved to me through satisfactory
evidence of identification, which was _____________________, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
__________________________________
Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _____________, 2025 before me, the undersigned notary
public, personally appeared Sheila E. Widnall, proved to me through satisfactory evidence
of identification, which was _____________________, to be the person whose name is
signed on the preceding or attached document, and acknowledged to me that she signed it
voluntarily for its stated purpose.
__________________________________
Notary Public
My commission expires:
ACCEPTANCE AND AGREEMENT
TOWN OF LEXINGTON
The Town of Lexington, a Massachusetts municipal corporation, acting by and through its
Conservation Commission, hereby accepts the foregoing Easement Agreement on this ____ day
of _________________, 2025.
TOWN OF LEXINGTON
BY ITS CONSERVATION COMMISSION
______________________________
By:
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _________, 2025, before me, the undersigned Notary Public,
personally appeared _________________________, proved to me through satisfactory evidence
of identification, which was personal knowledge, to be the person whose name is signed on the
preceding or attached document and acknowledged to me that s/he signed it voluntarily for its
stated purpose, as ____________________________________.
________________________________
Notary Public
My Commission Expires:
APPROVAL
TOWN OF LEXINGTON
The Town of Lexington, a Massachusetts municipal corporation, acting by and through
its Select Board, hereby approves the foregoing Easement Agreement on this ____ day of
_________________, 2025.
TOWN OF LEXINGTON
BY ITS SELECT BOARD
______________________________
By:
Duly authorized
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _________, 2025, before me, the undersigned Notary Public,
personally appeared _________________________, proved to me through satisfactory evidence
of identification, which was personal knowledge, to be the person whose name is signed on the
preceding or attached document and acknowledged to me that s/he signed it voluntarily for its
stated purpose, as ____________________________________.
________________________________
Notary Public
My Commission Expires:
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REAL PROPERTY DONATION AGREEMENT
This Real Property Donation Agreement (this “Agreement”) is dated as of this ___ day of
___________, 2025 (the “Effective Date”):
1. Parties and Mailing Addresses: Ann Widnall Vawter, not individually but as Trustee
of the Widnall Family Trust, u/d/t July 8, 1981 and recorded with the Middlesex South District
Registry of Deeds (the “Registry”) in Book 14344, Page 106, as amended by Trustee’s
Certificate dated January 16, 2025 and recorded with the Registry at Book 83706, Page 253,
having a mailing address of 22 Summit Road, Lexington, Massachusetts 02421 (“DONOR”),
agrees to donate and the Town of Lexington, a Massachusetts municipal corporation having a
mailing address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420, acting by and
through its Conservation Commission (“DONEE”), agrees to accept, upon the terms set forth
herein, the following described premises:
2. Description: A portion of that certain parcel of land, commonly known as Parcel 140 on
the Town of Lexington Assessor’s Map 22, located on Follen Road and described in that certain
Deed dated July 8, 1981 and recorded with the Registry in Book 14344, Page 110 (the “Donor’s
Land”), the exact dimensions of which shall be negotiated by the parties in good faith to meet the
dual objectives of providing land on which a trail can be built for use by the public while also
leaving a parcel that can be sold to meet DONOR’s financial objectives. An approximation of
this parcel, subject to further review and input from others, is shown on the sketch plan attached
hereto and incorporated herein as Exhibit A (the “Property”).
3. Title Deed: The Property is to be conveyed by a good and sufficient quitclaim deed
running to DONEE, and said deed shall convey a good and clear record and marketable title
thereto, free from encumbrances, except:
(a) Provisions of existing building and zoning laws;
(b) Such taxes for the then current year as are not due and payable on the date
of the delivery of such deed;
(c) Any liens for municipal betterments assessed after the date of this
Agreement; and
(d) Easements, restrictions and reservations of record as of the Effective Date.
4. Plans: In order to establish the Property as a recorded lot for conveyance, DONEE shall
at its sole cost and expense prepare a so-called “Approval Not Required” plan establishing the
boundaries of the Property (the “ANR Plan”) and have the same endorsed by the Town of
Lexington Planning Board and recorded with the Registry on or prior to the Closing Date.
DONOR shall have no right to such ANR Plan other than for the purposes of establishing the
Property as a separate lot in order to convey the Property to DONEE, which ANR Plan shall
otherwise remain the sole property of DONEE.
5. Consideration: The parties mutually agree and acknowledge the receipt and sufficiency of
good and valuable consideration for this Agreement, including DONOR’s agreement to donate
the Property and DONEE’s agreement to accept the Property pursuant to the terms hereof.
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DONOR intends that the conveyance contemplated hereunder will be a charitable contribution to
DONEE. DONEE makes no representation as to the tax consequences of the transaction
contemplated by this Agreement, and DONOR will, at its option, obtain independent tax counsel
related to same.
Notwithstanding anything set forth herein to the contrary, DONOR will be solely responsible for
compliance with the gift value substantiation requirements of the Internal Revenue Code, if
applicable to the transaction contemplated by this Agreement.
6. Time for Performance; Delivery of Deed: Such deed is to be delivered at 10:00 a.m. at
the office of DONEE’s counsel on August 29, 2025, unless otherwise agreed upon in writing by
the parties (the “Closing Date”). It is agreed that time is of the essence of this Agreement.
7. Possession and Condition of Property: Full possession of the Property free of all tenants
and occupants, free of all trash, and free of any personal property is to be delivered at the time of
the delivery of the deed, the Property to be then in the same condition as they now are,
reasonable use and wear thereof excepted, and in compliance with Paragraph 3 hereof.
8. Extension to Perfect Title or Make Property Conform: If at the time for performance of
this Agreement DONOR shall be unable to give title or to make conveyance, or to deliver
possession of the Property, all as herein stipulated, or if at the time of the delivery of the deed the
Property does not conform with the provisions hereof, as the case may be, (a) DONOR shall use
reasonable, good faith efforts to remove any defects in title or to deliver possession as provided
herein or to make the Property conform to the provisions hereof, and (b) the date for closing shall
be extended for a period of up to thirty (30) days as may be necessary for DONOR to cure such
defect or otherwise make the Property conform to the provisions of the Agreement. Reasonable,
good faith efforts shall not require DONOR to expend more than $2,000.00, inclusive of
attorney’s fees but exclusive of the cost to discharge mortgages, municipal liens, and monetary
liens and encumbrances, pursuant to this paragraph.
9. Failure to Perfect Title or Make The Property Conform: If at the expiration of the
extended time DONOR shall have failed so to remove any defects in title, deliver possession, or
make the Property conform, as the case may be, all as herein agreed, then DONEE shall have the
option, as its sole recourse and remedy, exercisable by written notice to DONOR at or prior to
the Closing Date, of (1) accepting at the closing such title as DONOR is able to deliver and
waiving any unsatisfied condition precedent, in which case the DONOR shall deliver such title
and possession, or (2) declining to proceed to closing. In the latter event, except as expressly set
forth herein, all obligations, liabilities and rights of the parties under this Agreement shall
terminate, this Agreement shall be null and void and without recourse to the DONOR or
DONEE.
10. Acceptance of Deed: The acceptance and recording of a deed by DONEE shall be
deemed to be the full performance and discharge of every agreement and obligation herein
contained or expressed, except such as are, by the terms hereof, to be performed after or survive
the delivery of said deed.
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11. Adjustments: Taxes for the then current fiscal year shall be apportioned as of the Closing
Date.
12. Adjustment of Un-assessed and Abated Taxes: If the amount of said taxes is not known at
the time of the delivery of the deed, they shall be apportioned on the basis of the taxes assessed
for the preceding fiscal year, with a reapportionment as soon as the new tax rate and valuation
can be ascertained. If the taxes which are to be apportioned shall thereafter be reduced by
abatement, the amount of such abatement, less the reasonable cost of obtaining the same, shall be
apportioned between the parties, provided that neither party shall be obligated to institute or
prosecute proceedings for an abatement unless herein otherwise agreed.
13. DONEE’s or DONOR’s Default: If DONEE shall fail to fulfill DONEE’s agreements
herein, DONOR may terminate this Agreement, and this shall be DONOR's sole and exclusive
remedy at law or in equity for any breach of this Agreement by DONEE. If DONOR shall fail to
fulfill DONOR’s agreements herein, DONEE shall be entitled to reimbursement from DONOR
for its out-of-pocket costs and expenses for all survey (including the ANR Plan) and
environmental site assessment work performed in connection with its due diligence of the
Property. This shall be DONEE’s sole and exclusive remedy at law or in equity for any breach of
this Agreement by DONOR, except that, in the event that DONOR breaches any of its
representations set forth in this Agreement, DONEE shall be entitled to pursue all rights and
remedies available to it in law and in equity.
14. Title: It is understood and agreed by the parties that the Property shall not be in
conformity with the title provisions of this Agreement unless:
(a) All buildings, structures and improvements, including but not limited to,
any driveways, garages and fences, and all means of access to the
Property, are located completely within the boundary lines of the Property
and shall not encroach upon or under the Property of any other person or
entity; and
(b) Title to the Property shall be at the time of closing insurable at normal title
insurance premium rates for the benefit of DONEE at DONEE's expense,
by a nationally-recognized title insurance company, upon delivery from
DONOR to DONEE of the deed contemplated by this Agreement and
upon recordation of such deed, by an owner’s title insurance policy (on the
current ALTA form) insuring fee title in DONEE free from all exceptions
other than those exceptions set forth or allowed by in Paragraph 3.
15. Access and Inspection Contingency. DONEE and its agents shall have the right of access
to the Property from the Effective Date until three (3) days prior to the Closing Date (the
“Inspection Period”) for the purpose of inspecting the condition of the Property, including
obtaining a survey of the Property and performing non-invasive environmental assessments.
DONEE holds DONOR harmless for any and all costs, damages and claims caused by or
resulting from any entry onto the Property by DONEE, except for costs, damages and claims
resulting from DONOR’s gross negligence or willful misconduct. If DONEE is not satisfied in
its sole judgment with any of the information obtained by DONEE while conducting the due
4
diligence identified above, then DONEE shall have the right to terminate this Agreement by
written notice to DONOR at any time prior to 5:00 p.m. on the last day of the Inspection Period.
16. Notices: All notices, requests, consents and other communications hereunder shall be in
writing, shall be addressed to the receiving party’s address set forth below or to such other
address as a party may designate by notice hereunder, and shall be either (i) delivered by hand,
(ii) made by email transmission with proof of delivery, (iii) sent by overnight courier, or (iv) sent
by certified or registered mail, return receipt requested, postage prepaid, addressed as follows:
in case of notice to DONOR, to: 22 Summit Road
Lexington, MA 02421
Attn: Ann Widnall Vawter
Email: ann_rob_vawter@hotmail.com
billwidnall@gmail.com
with a copy to: Alan Wrigley, Esq.
Law Office of Alan Wrigley
114 Waltham Street, Suite 14
Lexington, MA 02421
Email: alan@wrigleylaw.com
in case of notice to DONEE, to: Lexington Conservation Commission
1625 Massachusetts Ave
Lexington, MA 02420
with a copy to: Anderson & Kreiger LLP
50 Milk Street, 21st Floor
Boston, MA 02109
Attn: Stephanie Dubanowitz
Email: sdubanowitz@andersonkrieger.com
All notices, requests, consents and other communications hereunder shall be deemed to have
been given either (i) if by hand, at the time of the delivery thereof to the receiving party at the
address of such party set forth above, (ii) if made by email transmission, at the time that delivery
thereof has been acknowledged by electronic confirmation or otherwise, (iii) if sent by overnight
courier, on the next business day following the day such mailing is made, or (iv) if sent by
certified or registered mail, on the 2nd day following the day such mailing is made.
17. REBA Standards: Any matter or practice arising under or relating to this Agreement that
is the subject of a title or practice standard of the Massachusetts Real Estate Bar Association
shall be governed by such standard to the extent applicable, unless specifically provided
otherwise in this Agreement and so long as not contrary to Massachusetts law and case law.
18. Underground Fuel Storage Tanks: DONOR represents that, to the best of DONOR’s
actual knowledge and belief, there are no underground fuel storage tanks on the Property. The
provisions of this paragraph shall survive delivery of the deed.
5
19. DONOR’s Delivery of Documents: DONOR shall cooperate with DONEE by executing,
acknowledging, swearing to the truth of the contents and delivering such instruments as may
reasonably and customarily be required by DONEE’s title insurance company and/or DONEE’s
attorney in conjunction with the closing.
20. Extensions: By executing this Agreement, DONEE and DONOR hereby grant to their
respective attorneys the actual authority to bind them (which may include acknowledgment via
email) for the limited purpose of allowing them to grant extensions hereunder, and DONEE and
DONOR shall be able to rely upon the signatures of said attorneys as binding unless they have
actual knowledge that either party has disclaimed the authority granted herein to bind them.
21. Suits or Judgments: DONOR represents to the best of its actual knowledge and belief that
DONOR has no written notice or actual knowledge of any suits or judgments in relation to the
Property, and DONOR represents that DONOR has no actual knowledge of any pending
bankruptcy, mortgage foreclosure, or other proceeding which might in any material way impact
adversely on DONOR’s ability to perform under this Agreement. The provisions of this
paragraph shall survive the delivery of the deed for the Property or the early termination hereof.
22. Liability of Trustee, Shareholder, Beneficiary, Etc.: If the DONOR or DONEE executes
this Agreement in a representative or fiduciary capacity, only the principal or the estate
represented shall be bound, and neither the DONOR or DONEE so executing, nor any
shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or
implied, hereunder.
23. Brokers: DONOR and DONEE each warrant and represent to the other that neither has
dealt with any real estate broker, salesperson, finder, or other person entitled to a commission or
fee in connection with the negotiation or execution of this Agreement or the consummation of
the transaction contemplated hereby. This paragraph shall survive delivery of the deed for the
Property or the early termination hereof.
24. Municipal Approvals and Process: DONEE is acquiring the Property for conservation
purposes. Notwithstanding anything set forth in this Agreement to the contrary, DONEE’s
obligations hereunder are expressly subject to and contingent upon all municipal approvals and
completing all legally required steps that are required for DONEE’s acceptance of the Property
to DONEE’s satisfaction (the “Approvals”). In the event that one or more of the Approvals is
denied, then either DONOR or DONEE may elect to terminate this Agreement by notice to the
other, and this Agreement shall become null and void without recourse to the parties hereto.
25. Disclosure of Beneficial Interest Form: Prior to the Closing Date, DONOR shall provide
the disclosure of beneficial interest form that is attached hereto as Exhibit B, as required under
M.G.L. c. 7C section 38. Upon receipt of the completed form from DONOR, DONEE shall
promptly file this form with the Division of Capital Asset Management of Massachusetts.
26. Miscellaneous: This instrument is to be construed as a Massachusetts contract, is to take
effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon
and inures to the benefit of the parties hereto and their respective heirs, devisees, personal
representatives, administrators, successors and assigns, and may be cancelled, modified or
6
amended only by a written instrument executed by both DONOR and DONEE. If two or more
persons are named herein as either party, their obligations hereunder shall be joint and several.
The captions are used only as a matter of convenience and are not to be considered a part of this
Agreement or to be used in determining the intent of the parties to it. This Agreement and any
amendments thereto may be signed in multiple counterparts and by facsimile, email or electronic
signature, which counterparts and signatures shall all be treated as original signatures. The
Agreement supersedes any other agreement, written or oral, made by the parties hereto in
connection with the transaction contemplated hereby. The parties hereto acknowledge that they
have been afforded the opportunity to confer with legal counsel of their own choice prior to the
execution of this Agreement. If this Agreement or any other provisions by way of reference
incorporated herein shall contain any term or provision which shall be invalid, then the
remainder of the Agreement or other instrument by way of reference incorporated herein, as the
case may be, shall not be affected thereby and shall remain valid and in full force and effect to
the fullest extent permitted by law. In the event that any deadline or date for performance or
providing notice contained herein (including, without limitation, any contingencies or extensions
of the time for performance under this Agreement), falls on a Saturday, Sunday or legal holiday,
as the case may be, such deadline or other date shall be automatically extended to the
immediately following business day.
[The remainder of this page has been intentionally left blank]
8
Exhibit A
Sketch Plan of Property
[See Attached]
Exhibit A. Possible division of Follen Road lot (Assessor’s Map 22, Lot 140), subject to further discussion
between the parties
Parcel to be
retained by trust
Parcel to be
conveyed to town
9
Exhibit B
DISCLOSURE STATEMENT FOR
TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY
M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
INSTRUCTION SHEET
NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have
no responsibility for insuring that the Disclosure Statement has been properly completed
as required by law. Acceptance by DCAMM of a Disclosure Statement for filing does not
constitute DCAMM’s approval of this Disclosure Statement or the information contained
therein. Please carefully read M.G.L. c. 7C, s. 38 which is reprinted in Section 8 of this
Disclosure Statement.
Section (1): Identify the real property, including its street address, and city or town. If there
is no street address then identify the property in some other manner such as the nearest
cross street and its tax assessors’ parcel number.
Section (2): Identify the type of transaction to which this Disclosure Statement pertains --
such as a sale, purchase, lease, etc.
Section (3): Insert the exact legal name of the Public Agency participating in this
Transaction with the Disclosing Party. The Public Agency may be a Department of the
Commonwealth of Massachusetts, or some other public entity. Please do not abbreviate.
Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the
Disclosing Party is an individual, tenants in common, tenants by the entirety, corporation,
general partnership, limited partnership, LLC, or other entity. If the Disclosing Party is the
trustees of a trust then identify the trustees by name, indicate that they are trustees, and
add the name of the trust.
Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of
the blanks. If the Disclosing Party’s role in the transaction is not covered by one of the
listed roles then describe the role in words.
Section (6): List the names and addresses of every legal entity and every natural person
that has or will have a direct or indirect beneficial interest in the real property. The only
exceptions are those stated in the first paragraph of the statute that is reprinted in Section
8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city
or town, insert “inhabitants of the (name of public entity).” If the Disclosing Party is a non-
profit with no individual persons having any beneficial interest then indicate the purpose or
type of the non-profit entity. If additional space is needed, please attach a separate sheet
and incorporate it by reference into Section 6.
Section (7): Write “none” in the blank if none of the persons mentioned in Section 6 is
employed by DCAMM. Otherwise list any parties disclosed in Section 6 that are
employees of DCAMM.
10
Section (8): The individual signing this statement on behalf of the Disclosing Party
acknowledges that he/she has read the included provisions of Chapter 7C, Section 38
(formerly Chapter 7, Section 40J) of the General Laws of Massachusetts.
Section (9): Make sure that this Disclosure Statement is signed by the correct person. If
the Disclosing Party is a corporation, please make sure that this Disclosure Statement is
signed by a duly authorized officer of the corporation as required by the statute reprinted in
Section 8 of this Disclosure Statement.
This completed and signed Disclosure Statement should be mailed or otherwise delivered
to:
Deputy Commissioner for Real Estate
Division of Capital Asset Management and Maintenance
One Ashburton Place, 15th Floor, Boston, MA 0210
The undersigned party to a real property transaction with a public agency hereby
discloses and certifies, under pains and penalties of perjury, the following
information as required by law:
(1) REAL PROPERTY: [_______________________]
(2) TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT: Donation
(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: The Town of Lexington,
acting by and through its Conservation Commission
(4) DISCLOSING PARTY’S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL):
(5) ROLE OF DISCLOSING PARTY (Check appropriate role):
_____Lessor/Landlord _____Lessee/Tenant
___X__Seller/Grantor _____Buyer/Grantee
_____Other(Please
describe):_______________________________________
(6) The names and addresses of all persons and individuals who have or will have a
direct or indirect beneficial interest in the real property excluding only 1) a
stockholder of a corporation the stock of which is listed for sale to the general
11
public with the securities and exchange commission, if such stockholder holds
less than ten per cent of the outstanding stock entitled to vote at the annual
meeting of such corporation or 2) an owner of a time share that has an interest in
a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C,
s. 38, are hereby disclosed as follows (attach additional pages if necessary):
NAME RESIDENCE
(7) None of the above- named persons is an employee of the Division of Capital Asset
Management and Maintenance or an official elected to public office in the
Commonwealth of Massachusetts, except as listed below (insert “none” if none):
(8) The individual signing this statement on behalf of the above-named party
acknowledges that he/she has read the following provisions of Chapter 7C,
Section 38 (formerly Chapter 7, Section 40J) of the General Laws of
Massachusetts:
No agreement to rent or to sell real property to or to rent or purchase real
property from a public agency, and no renewal or extension of such
agreement, shall be valid and no payment shall be made to the lessor or
seller of such property unless a statement, signed, under the penalties of
perjury, has been filed by the lessor, lessee, seller or purchaser, and in
the case of a corporation by a duly authorized officer thereof giving the
true names and addresses of all persons who have or will have a direct or
indirect beneficial interest in said property with the commissioner of capital
asset management and maintenance. The provisions of this section shall
not apply to any stockholder of a corporation the stock of which is listed for
sale to the general public with the securities and exchange commission, if
such stockholder holds less than ten per cent of the outstanding stock
entitled to vote at the annual meeting of such corporation. In the case of
an agreement to rent property from a public agency where the lessee’s
interest is held by the organization of unit owners of a leasehold
condominium created under chapter one hundred and eighty-three A, and
time-shares are created in the leasehold condominium under chapter one
hundred and eighty-three B, the provisions of this section shall not apply
to an owner of a time-share in the leasehold condominium who (i)
acquires the time-share on or after a bona fide arms length transfer of
such time-share made after the rental agreement with the public agency is
executed and (ii) who holds less than three percent of the votes entitled to
vote at the annual meeting of such organization of unit owners. A
disclosure statement shall also be made in writing, under penalty of
perjury, during the term of a rental agreement in case of any change of
12
interest in such property, as provided for above, within thirty days of such
change.
Any official elected to public office in the commonwealth, or any employee
of the division of capital asset management and maintenance disclosing
beneficial interest in real property pursuant to this section, shall identify his
position as part of the disclosure statement. The commissioner shall notify
the state ethics commission of such names, and shall make copies of any
and all disclosure statements received available to the state ethics
commission upon request.
The commissioner shall keep a copy of each disclosure statement
received available for public inspection during regular business hours.
(9) This Disclosure Statement is hereby signed under penalties of perjury.
______________________________
_________________________________________
PRINT NAME OF DISCLOSING PARTY (from Section 4, above)
______________________________
_________________________________________
AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD / YYYY)
______________________________
_________________________________________
PRINT NAME & TITLE of AUTHORIZED SIGNER
REAL PROPERTY DONATION AGREEMENT
This Real Property Donation Agreement (this “Agreement”) is dated as of this
___ day of ___________, 2025 (the “Effective Date”):
1. Parties and Mailing Addresses: WILLIAM S. WIDNALL and SHEILA E.
WIDNALL, husband and wife as tenants by the entirety, having a mailing address of 22
Summit Road, Lexington, Massachusetts 02421 (“DONOR”), agrees to donate and the
TOWN OF LEXINGTON, a Massachusetts municipal corporation having a mailing
address of 1625 Massachusetts Avenue, Lexington, Massachusetts 02420, acting by and
through its Conservation Commission (“DONEE”), agrees to accept, upon the terms set
forth herein, the following described premises:
2. Description: Those certain parcels of land, commonly known as (i) Parcel 147A
on the Town of Lexington Assessor’s Map 22, consisting of approximately 7,901 square
feet and shown as Parcel 3 on that certain plan entitled “Plan of Land in Lexington, MA”
dated September 9, 2022 and recorded with the Middlesex South District Registry of
Deeds (the “Registry”) as Plan 803 of 2022 (the “Plan”) and described in that certain
Deed effective December 5, 2022 and recorded with the Registry in Book 81021, Page
338 and (ii) Parcel 63 on the Town of Lexington Assessor’s Map 22, consisting of
approximately 61,184 square feet and described in that certain Deed dated July 8, 1981
and recorded with the Registry in Book 14344, Page 112 (collectively, the “Property”).
3. Title Deed: The Property is to be conveyed by a good and sufficient quitclaim
deed running to DONEE, and said deed shall convey a good and clear record and
marketable title thereto, free from encumbrances, except:
(a) Provisions of existing building and zoning laws;
(b) Such taxes for the then current year as are not due and payable on
the date of the delivery of such deed;
(c) Any liens for municipal betterments assessed after the date of this
Agreement; and
(d) Easements, restrictions and reservations of record as of the
Effective Date, including the Easement (as such term is defined
herein).
4. Plans: If said deed refers to a plan necessary to be recorded therewith, the
DONEE shall cause to be prepared and shall deliver such plan with the deeds in form
adequate for recording or registration.
5. Consideration: The parties mutually agree and acknowledge the receipt and
sufficiency of good and valuable consideration for this Agreement, including DONOR’s
agreement to donate the Property and DONEE’s agreement to accept the Property
pursuant to the terms hereof. DONEE agrees that the Property shall be known as
“Widnall Woods” and acknowledged as such on signs at public access points.
DONOR intends that the conveyance contemplated hereunder will be a charitable
contribution to DONEE. DONEE makes no representation as to the tax consequences of
the transaction contemplated by this Agreement, and DONOR will, at its option, obtain
independent tax counsel related to same.
Notwithstanding anything set forth herein to the contrary, DONOR will be solely
responsible for compliance with the gift value substantiation requirements of the Internal
Revenue Code, if applicable to the transaction contemplated by this Agreement.
6. Time for Performance; Delivery of Deed: Such deed is to be delivered at 10:00
a.m. at the office of DONEE’s counsel on August 29, 2025, unless otherwise agreed upon
in writing by the parties (the “Closing Date”). It is agreed that time is of the essence of
this Agreement.
7. Possession and Condition of Property: Full possession of the Property free of all
tenants and occupants, free of all trash, and free of any personal property is to be
delivered at the time of the delivery of the deed, the Property to be then in the same
condition as they now are, reasonable use and wear thereof excepted, and in compliance
with Paragraph 3 hereof.
8. Extension to Perfect Title or Make Property Conform: If at the time for
performance of this Agreement DONOR shall be unable to give title or to make
conveyance, or to deliver possession of the Property, all as herein stipulated, or if at the
time of the delivery of the deed the Property does not conform with the provisions hereof,
as the case may be, (a) DONOR shall use reasonable, good faith efforts to remove any
defects in title or to deliver possession as provided herein or to make the Property
conform to the provisions hereof, and (b) the date for closing shall be extended for a
period of up to thirty (30) days as may be necessary for DONOR to cure such defect or
otherwise make the Property conform to the provisions of the Agreement. Reasonable,
good faith efforts shall not require DONOR to expend more than $2,000.00, inclusive of
attorney’s fees but exclusive of the cost to discharge mortgages, municipal liens, and
monetary liens and encumbrances, pursuant to this paragraph.
9. Failure to Perfect Title or Make The Property Conform: If at the expiration of the
extended time DONOR shall have failed so to remove any defects in title, deliver
possession, or make the Property conform, as the case may be, all as herein agreed, then
DONEE shall have the option, as its sole recourse and remedy, exercisable by written
notice to DONOR at or prior to the Closing Date, of (1) accepting at the closing such title
as DONOR is able to deliver and waiving any unsatisfied condition precedent, in which
case the DONOR shall deliver such title and possession, or (2) declining to proceed to
closing. In the latter event, except as expressly set forth herein, all obligations, liabilities
and rights of the parties under this Agreement shall terminate, this Agreement shall be
null and void and without recourse to the DONOR or DONEE.
10. Acceptance of Deed: The acceptance and recording of a deed by DONEE shall be
deemed to be the full performance and discharge of every agreement and obligation
herein contained or expressed, except such as are, by the terms hereof, to be performed
after or survive the delivery of said deed.
11. Easement: At the time of Closing of the Property, DONOR shall simultaneously
grant to DONEE a perpetual, non-exclusive easement, appurtenant to the Property (the
“Easement”) located on a portion of DONOR’s remaining land commonly known as 22
Summit Road, Lexington, Massachusetts, in the area marked “Easement Area” on the
plan attached hereto as Exhibit A for access to the Property and for use as a trail. The
Easement shall be substantially in the form attached hereto as Exhibit B and made a part
hereof, and the Easement shall be recorded with the Registry at the time of Closing. A
recordable plan showing the metes and bounds of the agreed upon easement area shall be
recorded simultaneously with the Easement.
12. Adjustments: Taxes for the then current fiscal year shall be apportioned as of the
Closing Date.
13. Adjustment of Un-assessed and Abated Taxes: If the amount of said taxes is not
known at the time of the delivery of the deed, they shall be apportioned on the basis of
the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the
new tax rate and valuation can be ascertained. If the taxes which are to be apportioned
shall thereafter be reduced by abatement, the amount of such abatement, less the
reasonable cost of obtaining the same, shall be apportioned between the parties, provided
that neither party shall be obligated to institute or prosecute proceedings for an abatement
unless herein otherwise agreed.
14. DONEE’s or DONOR’s Default: If DONEE shall fail to fulfill DONEE’s
agreements herein, DONOR may terminate this Agreement, and this shall be DONOR's
sole and exclusive remedy at law or in equity for any breach of this Agreement by
DONEE. If DONOR shall fail to fulfill DONOR’s agreements herein, DONEE shall be
entitled to reimbursement from DONOR for its out-of-pocket costs and expenses for all
survey and environmental site assessment work performed in connection with its due
diligence of the Property. This shall be DONEE’s sole and exclusive remedy at law or in
equity for any breach of this Agreement by DONOR, except that, in the event that
DONOR breaches any of its representations set forth in this Agreement, DONEE shall be
entitled to pursue all rights and remedies available to it in law and in equity.
15. Title: It is understood and agreed by the parties that the Property shall not be in
conformity with the title provisions of this Agreement unless:
(a) All buildings, structures and improvements, including but not
limited to, any driveways, garages and fences, and all means of
access to the Property, are located completely within the boundary
lines of the Property and shall not encroach upon or under the
Property of any other person or entity; and
(b) Title to the Property shall be at the time of closing insurable at
normal title insurance premium rates for the benefit of DONEE at
DONEE's expense, by a nationally-recognized title insurance
company, upon delivery from DONOR to DONEE of the deed
contemplated by this Agreement and upon recordation of such
deed, by an owner’s title insurance policy (on the current ALTA
form) insuring fee title in DONEE free from all exceptions other
than those exceptions set forth or allowed by in Paragraph 3.
16. Access and Inspection Contingency. DONEE and its agents shall have the right of
access to the Property from the Effective Date until three (3) days prior to the Closing
Date (the “Inspection Period”) for the purpose of inspecting the condition of the Property,
including obtaining a survey of the Property and performing non-invasive environmental
assessments. DONEE holds DONOR harmless for any and all costs, damages and claims
caused by or resulting from any entry onto the Property by DONEE, except for costs,
damages and claims resulting from DONOR’s gross negligence or willful misconduct. If
DONEE is not satisfied in its sole judgment with any of the information obtained by
DONEE while conducting the due diligence identified above, then DONEE shall have the
right to terminate this Agreement by written notice to DONOR at any time prior to 5:00
p.m. on the last day of the Inspection Period.
17. Notices: All notices, requests, consents and other communications hereunder shall
be in writing, shall be addressed to the receiving party’s address set forth below or to
such other address as a party may designate by notice hereunder, and shall be either (i)
delivered by hand, (ii) made by email transmission with proof of delivery, (iii) sent by
overnight courier, or (iv) sent by certified or registered mail, return receipt requested,
postage prepaid, addressed as follows:
in case of notice to DONOR, to: 22 Summit Road
Lexington, MA 02421
Attn: William Widnall and Sheila Widnall
Email: ann_rob_vawter@hotmail.com
billwidnall@gmail.com
with a copy to: Alan Wrigley, Esq.
Law Office of Alan Wrigley
114 Waltham Street, Suite 14
Lexington, MA 02421
Email: alan@wrigleylaw.com
in case of notice to DONEE, to: Lexington Conservation Commission
1625 Massachusetts Ave
Lexington, MA 02420
with a copy to: Anderson & Kreiger LLP
50 Milk Street, 21st Floor
Boston, MA 02109
Attn: Stephanie Dubanowitz
Email: sdubanowitz@andersonkrieger.com
All notices, requests, consents and other communications hereunder shall be deemed to
have been given either (i) if by hand, at the time of the delivery thereof to the receiving
party at the address of such party set forth above, (ii) if made by email transmission, at
the time that delivery thereof has been acknowledged by electronic confirmation or
otherwise, (iii) if sent by overnight courier, on the next business day following the day
such mailing is made, or (iv) if sent by certified or registered mail, on the 2nd day
following the day such mailing is made.
18. REBA Standards: Any matter or practice arising under or relating to this
Agreement that is the subject of a title or practice standard of the Massachusetts Real
Estate Bar Association shall be governed by such standard to the extent applicable, unless
specifically provided otherwise in this Agreement and so long as not contrary to
Massachusetts law and case law.
19. Underground Fuel Storage Tanks: DONOR represents that, to the best of
DONOR’s actual knowledge and belief, there are no underground fuel storage tanks on
the Property. The provisions of this paragraph shall survive delivery of the deed.
20. DONOR’s Delivery of Documents: DONOR shall cooperate with DONEE by
executing, acknowledging, swearing to the truth of the contents and delivering such
instruments as may reasonably and customarily be required by DONEE’s title insurance
company and/or DONEE’s attorney in conjunction with the closing.
21. Extensions: By executing this Agreement, DONEE and DONOR hereby grant to
their respective attorneys the actual authority to bind them (which may include
acknowledgment via email) for the limited purpose of allowing them to grant extensions
hereunder, and DONEE and DONOR shall be able to rely upon the signatures of said
attorneys as binding unless they have actual knowledge that either party has disclaimed
the authority granted herein to bind them.
22. Suits or Judgments: DONOR represents to the best of its actual knowledge and
belief that DONOR has no written notice or actual knowledge of any suits or judgments
in relation to the Property, and DONOR represents that DONOR has no actual knowledge
of any pending bankruptcy, mortgage foreclosure, or other proceeding which might in
any material way impact adversely on DONOR’s ability to perform under this
Agreement. The provisions of this paragraph shall survive the delivery of the deed for
the Property or the early termination hereof.
23. Liability of Trustee, Shareholder, Beneficiary, Etc.: If the DONOR or DONEE
executes this Agreement in a representative or fiduciary capacity, only the principal or
the estate represented shall be bound, and neither the DONOR or DONEE so executing,
nor any shareholder or beneficiary of any trust, shall be personally liable for any
obligation, express or implied, hereunder.
24. Brokers: DONOR and DONEE each warrant and represent to the other that
neither has dealt with any real estate broker, salesperson, finder, or other person entitled
to a commission or fee in connection with the negotiation or execution of this Agreement
or the consummation of the transaction contemplated hereby. This paragraph shall
survive delivery of the deed for the Property or the early termination hereof.
25. Municipal Approvals and Process: DONEE is acquiring the Property for
conservation purposes. Notwithstanding anything set forth in this Agreement to the
contrary, DONEE’s obligations hereunder are expressly subject to and contingent upon
all municipal approvals and completing all legally required steps that are required for
DONEE’s acceptance of the Property to DONEE’s satisfaction (the “Approvals”). In the
event that one or more of the Approvals is denied, then either DONOR or DONEE may
elect to terminate this Agreement by notice to the other, and this Agreement shall become
null and void without recourse to the parties hereto.
26. Disclosure of Beneficial Interest Form: Prior to the Closing Date, DONOR shall
provide the disclosure of beneficial interest form that is attached hereto as Exhibit C, as
required under M.G.L. c. 7C section 38. Upon receipt of the completed form from
DONOR, DONEE shall promptly file this form with the Division of Capital Asset
Management of Massachusetts.
27. Miscellaneous: This instrument is to be construed as a Massachusetts contract, is
to take effect as a sealed instrument, sets forth the entire contract between the parties, is
binding upon and inures to the benefit of the parties hereto and their respective heirs,
devisees, personal representatives, administrators, successors and assigns, and may be
cancelled, modified or amended only by a written instrument executed by both DONOR
and DONEE. If two or more persons are named herein as either party, their obligations
hereunder shall be joint and several. The captions are used only as a matter of
convenience and are not to be considered a part of this Agreement or to be used in
determining the intent of the parties to it. This Agreement and any amendments thereto
may be signed in multiple counterparts and by facsimile, email or electronic signature,
which counterparts and signatures shall all be treated as original signatures. The
Agreement supersedes any other agreement, written or oral, made by the parties hereto in
connection with the transaction contemplated hereby. The parties hereto acknowledge
that they have been afforded the opportunity to confer with legal counsel of their own
choice prior to the execution of this Agreement. If this Agreement or any other
provisions by way of reference incorporated herein shall contain any term or provision
which shall be invalid, then the remainder of the Agreement or other instrument by way
of reference incorporated herein, as the case may be, shall not be affected thereby and
shall remain valid and in full force and effect to the fullest extent permitted by law. In
the event that any deadline or date for performance or providing notice contained herein
(including, without limitation, any contingencies or extensions of the time for
performance under this Agreement), falls on a Saturday, Sunday or legal holiday, as the
case may be, such deadline or other date shall be automatically extended to the
immediately following business day.
[The remainder of this page has been intentionally left blank]
Exhibit A. Approximate Location of Trail Easement Across 22 Summit Road Property
10’ wide
Exhibit A
Exhibit B
Form of Easement
EASEMENT AGREEMENT
This Easement Agreement (this “Agreement”) is entered into as of the _____ day
of __________, 2025, by and among WILLIAM S. WIDNALL and SHEILA E.
WIDNALL, husband and wife as tenants by the entirety, having a mailing address of 22
Summit Road, Lexington, Massachusetts 02421 (“Owner”), and the TOWN OF
LEXINGTON, acting by and through its Conservation Commission, a Massachusetts
municipal corporation, having an address of 1625 Massachusetts Avenue, Lexington,
Massachusetts 02420 (the “Town”).
WHEREAS, the Owner is the fee simple owner of that certain parcel commonly
known as 22 Summit Road, Lexington, Massachusetts, identified as Parcel 147 on the
Town’s Assessors Map 22, pursuant to that certain Quitclaim Deed recorded with the
Middlesex South Registry of Deeds (the “Registry”) in Book 11550, Page 471 and that
certain Quitclaim Deed recorded with the Registry in Book 81021, Page 338 (the
“Property”);
WHEREAS, the Owner has agreed to grant to the Town, for the purposes of
walking, hiking, and otherwise accessing walking trails, certain easements in, over,
across and upon certain portions of the Property shown as “_________________” (the
“Easement Area”) on a plan entitled “______________________, dated ________,
prepared by ________________, filed with the Registry as Plan [_____] of [________]
on Sheet [___] (the “Plan”), pursuant to the terms and provisions of this Agreement.
NOW, THEREFORE for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, each of the parties covenants and agrees
as follows:
1.Grant of Easement. The Owner hereby grants to the Town a perpetual, non-
exclusive right and easement (the “Easement”) over, under, through, across, within, and
upon the Easement Area, for the purposes of walking, hiking, and otherwise accessing
walking trails on foot, snowshoe, and ski by members of the public, including the right to
walk but not ride bicycles if permitted by Conservation Commission rules for the
adjacent conservation land. The right to vehicular or motorized access within the
Easement Area is strictly and specifically not authorized by this Easement.
2.Prohibited Uses. The Owner may not obstruct the Easement Area or use it in any
way that derogates from the intent of this Agreement. The Owner hereby agrees not to
grant any other easements, leases, deeds, licensees or any other rights to the Easement
Area that will materially and adversely interfere with the Town’s rights under this
Agreement without the prior written consent of the Town, which consent may be
withheld or granted in the Town’s sole and absolute discretion.
3.Maintenance and Repair. For as long as the trail is open to the public, the Town
agrees to be responsible for the construction, maintenance, and repair of the trail. The
Owner agrees for itself and its successors and assigns to perform all work necessary, if
any, in connection with all other landscaping, maintenance, repair and use of the
Easement Area at the Owner’s sole cost and expense. All of said work shall be
performed in a good workmanlike manner in compliance with all applicable laws,
regulations, codes, bylaws and ordinances. Use of the Easement Area by members of the
general public shall be at their own risk. The Owner shall not be obligated to remove or
clear snow from any portion of the Easement Area.
4.Fence and Sign. The Town agrees that prior to opening the Easement Area to the
public, it shall pay to have a split-rail fence installed along the boundaries of the
Easement Area. Upon the completion of the installation of the fence, the parties
acknowledge and agree that the Town shall have no further obligations regarding the
maintenance, repair, replacement or payment for such fence. At the same time, the Town
shall install and maintain a sign at the entrance at Summit Road identifying the trail as an
entrance to Widnall Woods, provided that the size and exact location of such sign shall be
at the sole discretion of the Town.
5.No Relocation. The Owner shall not be entitled to relocate the Easement Area
without the express prior written consent of the Town, which consent may be withheld in
the Town’s sole and absolute discretion.
6.Additional Provisions.
a.The Owner warrants and represents that the person executing this Agreement
has authority to do so, and that there are no mortgages or encumbrances of
record or otherwise on the Property that will negate or negatively impact this
Agreement.
b.The Town warrants and represents that it is duly authorized and fully
qualified to execute this Easement, and that the individually executing this
Easement is duly authorized to execute this Easement on behalf of the Town
pursuant to a vote of the Lexington Select Board dated ______ and a vote of
the Lexington Conservation Commission dated _______, certified copies of
which are recorded herewith].
c.This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts. The terms, provisions and agreements herein contained may
be amended only by a duly executed instrument in writing thereafter filed in
the Registry. If any term or provision of this Agreement is held to be invalid
or unenforceable, the remainder of this Agreement shall not be affected
thereby. This Agreement may be executed in one or more counterparts, each
of which shall constitute a part of the same instrument. The caption headings
of the various sections and paragraphs of this Agreement are for convenience
and identification only and shall not be deemed to limit, expand or define the
contents of the respective sections or paragraphs.
d.No Massachusetts Deed Excise Stamps have been affixed hereto as the Town
is a municipality.
e.This grant of a recreational trail easement is consistent with the purposes
described in M.G.L. Chapter 21, Section 17C and the Owner and the Town
shall each have the benefit and protection of the limitation on liability
contained in such section to the fullest extent permitted by law.
[Signatures on following pages]
Executed as a sealed instrument this __________ day of _______________, 2025.
__________________________________
William S. Widnall
__________________________________
Sheila E. Widnall
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _____________, 2025 before me, the undersigned notary
public, personally appeared William S. Widnall, proved to me through satisfactory
evidence of identification, which was _____________________, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose.
__________________________________
Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _____________, 2026 before me, the undersigned notary
public, personally appeared Sheila E. Widnall, proved to me through satisfactory
evidence of identification, which was _____________________, to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that she
signed it voluntarily for its stated purpose.
__________________________________
Notary Public
My commission expires:
1
ACCEPTANCE AND AGREEMENT
TOWN OF LEXINGTON
We, the undersigned, being a majority of the Conservation Commission of the Town of
Lexington, hereby certify that at a meeting duly held on the ______ day of _________, 2025, the
Conservation Commission voted to accept the foregoing Easement Agreement.
TOWN OF LEXINGTON
By its Conservation Commission
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _________, 2025, before me, the undersigned Notary Public,
personally appeared ___________________________________________________________,
members of the Conservation Commission for the Town of Lexington, proved to me through
satisfactory evidence of identification, which was personal knowledge, to be the persons whose
names are signed on the preceding or attached document and acknowledged to me that they
signed it voluntarily for its stated purpose.
________________________________
Notary Public
My Commission Expires:
2
APPROVAL
TOWN OF LEXINGTON
We, the undersigned, being a majority of the Select Board of the Town of Lexington,
hereby certify that at a meeting duly held on the ______ day of _________, 2025, the Select
Board voted to approve the foregoing Easement Agreement.
TOWN OF LEXINGTON
By its Select Board
_____________________________
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this _____ day of _________, 2025, before me, the undersigned Notary Public,
personally appeared ______ for the Town of Lexington, proved to me through satisfactory
evidence of identification, which was personal knowledge, to be the person whose name is
signed on the preceding or attached document and acknowledged to me that he/she signed it
voluntarily for its stated purpose as ___________ of the Town of Lexington Select Board.
________________________________
Notary Public
My Commission Expires:
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Exhibit C
DISCLOSURE STATEMENT FOR
TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY
M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
INSTRUCTION SHEET
NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have
no responsibility for insuring that the Disclosure Statement has been properly completed
as required by law. Acceptance by DCAMM of a Disclosure Statement for filing does not
constitute DCAMM’s approval of this Disclosure Statement or the information contained
therein. Please carefully read M.G.L. c. 7C, s. 38 which is reprinted in Section 8 of this
Disclosure Statement.
Section (1): Identify the real property, including its street address, and city or town. If there
is no street address then identify the property in some other manner such as the nearest
cross street and its tax assessors’ parcel number.
Section (2): Identify the type of transaction to which this Disclosure Statement pertains --
such as a sale, purchase, lease, etc.
Section (3): Insert the exact legal name of the Public Agency participating in this
Transaction with the Disclosing Party. The Public Agency may be a Department of the
Commonwealth of Massachusetts, or some other public entity. Please do not abbreviate.
Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the
Disclosing Party is an individual, tenants in common, tenants by the entirety, corporation,
general partnership, limited partnership, LLC, or other entity. If the Disclosing Party is the
trustees of a trust then identify the trustees by name, indicate that they are trustees, and
add the name of the trust.
Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of
the blanks. If the Disclosing Party’s role in the transaction is not covered by one of the
listed roles then describe the role in words.
Section (6): List the names and addresses of every legal entity and every natural person
that has or will have a direct or indirect beneficial interest in the real property. The only
exceptions are those stated in the first paragraph of the statute that is reprinted in Section
8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city
or town, insert “inhabitants of the (name of public entity).” If the Disclosing Party is a non-
profit with no individual persons having any beneficial interest then indicate the purpose or
type of the non-profit entity. If additional space is needed, please attach a separate sheet
and incorporate it by reference into Section 6.
Section (7): Write “none” in the blank if none of the persons mentioned in Section 6 is
employed by DCAMM. Otherwise list any parties disclosed in Section 6 that are
employees of DCAMM.
4
Section (8): The individual signing this statement on behalf of the Disclosing Party
acknowledges that he/she has read the included provisions of Chapter 7C, Section 38
(formerly Chapter 7, Section 40J) of the General Laws of Massachusetts.
Section (9): Make sure that this Disclosure Statement is signed by the correct person. If
the Disclosing Party is a corporation, please make sure that this Disclosure Statement is
signed by a duly authorized officer of the corporation as required by the statute reprinted in
Section 8 of this Disclosure Statement.
This completed and signed Disclosure Statement should be mailed or otherwise delivered
to:
Deputy Commissioner for Real Estate
Division of Capital Asset Management and Maintenance
One Ashburton Place, 15th Floor, Boston, MA 0210
The undersigned party to a real property transaction with a public agency hereby
discloses and certifies, under pains and penalties of perjury, the following
information as required by law:
(1)REAL PROPERTY: [_______________________]
(2)TYPE OF TRANSACTION, AGEEMENT, or DOCUMENT: Donation
(3)PUBLIC AGENCY PARTICIPATING in TRANSACTION: The Town of Lexington,
acting by and through its Conservation Commission
(4)DISCLOSING PARTY’S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL):
(5)ROLE OF DISCLOSING PARTY (Check appropriate role):
_____Lessor/Landlord _____Lessee/Tenant
___X__Seller/Grantor _____Buyer/Grantee
_____Other(Please
describe):_______________________________________
(6)The names and addresses of all persons and individuals who have or will have a
direct or indirect beneficial interest in the real property excluding only 1) a
stockholder of a corporation the stock of which is listed for sale to the general
5
public with the securities and exchange commission, if such stockholder holds
less than ten per cent of the outstanding stock entitled to vote at the annual
meeting of such corporation or 2) an owner of a time share that has an interest in
a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C,
s. 38, are hereby disclosed as follows (attach additional pages if necessary):
NAME RESIDENCE
(7)None of the above- named persons is an employee of the Division of Capital Asset
Management and Maintenance or an official elected to public office in the
Commonwealth of Massachusetts, except as listed below (insert “none” if none):
(8)The individual signing this statement on behalf of the above-named party
acknowledges that he/she has read the following provisions of Chapter 7C,
Section 38 (formerly Chapter 7, Section 40J) of the General Laws of
Massachusetts:
No agreement to rent or to sell real property to or to rent or purchase real
property from a public agency, and no renewal or extension of such
agreement, shall be valid and no payment shall be made to the lessor or
seller of such property unless a statement, signed, under the penalties of
perjury, has been filed by the lessor, lessee, seller or purchaser, and in
the case of a corporation by a duly authorized officer thereof giving the
true names and addresses of all persons who have or will have a direct or
indirect beneficial interest in said property with the commissioner of capital
asset management and maintenance. The provisions of this section shall
not apply to any stockholder of a corporation the stock of which is listed for
sale to the general public with the securities and exchange commission, if
such stockholder holds less than ten per cent of the outstanding stock
entitled to vote at the annual meeting of such corporation. In the case of
an agreement to rent property from a public agency where the lessee’s
interest is held by the organization of unit owners of a leasehold
condominium created under chapter one hundred and eighty-three A, and
time-shares are created in the leasehold condominium under chapter one
hundred and eighty-three B, the provisions of this section shall not apply
to an owner of a time-share in the leasehold condominium who (i)
acquires the time-share on or after a bona fide arms length transfer of
such time-share made after the rental agreement with the public agency is
executed and (ii) who holds less than three percent of the votes entitled to
vote at the annual meeting of such organization of unit owners. A
disclosure statement shall also be made in writing, under penalty of
perjury, during the term of a rental agreement in case of any change of
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interest in such property, as provided for above, within thirty days of such
change.
Any official elected to public office in the commonwealth, or any employee
of the division of capital asset management and maintenance disclosing
beneficial interest in real property pursuant to this section, shall identify his
position as part of the disclosure statement. The commissioner shall notify
the state ethics commission of such names, and shall make copies of any
and all disclosure statements received available to the state ethics
commission upon request.
The commissioner shall keep a copy of each disclosure statement
received available for public inspection during regular business hours.
(9)This Disclosure Statement is hereby signed under penalties of perjury.
______________________________
_________________________________________
PRINT NAME OF DISCLOSING PARTY (from Section 4, above)
______________________________
_________________________________________
AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD / YYYY)
______________________________
_________________________________________
PRINT NAME & TITLE of AUTHORIZED SIGNER
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Lexington Human Rights Committee (LHRC) Recommendation for Reaffirming the 2018
'Safe and Welcoming Community Resolution' Policy
PRESENTER:
Christina Lin, LHRC Chair
ITEM
NUMBER:
I.3
SUMMARY:
Category: Decision-making
Christina Lin, Lexington Human Rights Committee, will present the LHRC's request for the reaffirmation of
the Town’s commitment to a safe and welcoming community.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025 7:10pm
ATTACHMENTS:
Description Type
2025 LHRC - Recommendation for Reaffirming the 2018 Safe Communities
Act Resolution Backup Material
LHRC Motion Backup Material
Town of Lexington
Lexington Human Rights Committee
Christina Lin, Chair
humanrightscmte@lexingtonma.gov,
4lhrcchair@gmail.com
Select Board, Town of Lexington
Selectboard@lexingtonma.gov
1625 Massachusetts Avenue
Lexington, MA 02420
September 11, 2025
Dear Select Board Members,
At yesterday’s Lexington Human Rights Committee meeting, the Immigration Working
Group presented a recommendation that the Select Board reaffirm and ensure the full
implementation of the 2018 Safe Communities Act resolution (2018 Article 34, Welcoming,
Inclusive and Safe Community) which passed at Town Meeting by a vote of 153-5-2.
I am writing to share that the Lexington Human Rights Committee supports the
recommendation and voted unanimously to bring it to the Select Board for consideration.
We believe this is a critical moment to reaffirm our Town’s commitment to a safe and
welcoming community because recent federal immigration enforcement actions have
escalated fears and tensions in the general public. In Lexington, with a significant immigrant
and second generation immigrant population, these fears have a pronounced impact on our
community that may negatively affect health and safety for our residents. A reluctance to call
police and fire, seek medical care, and sending children to school is already happening in
surrounding communities.
Reaffirming the resolution is an important opportunity to communicate that the Town of
Lexington prioritizes and is dedicated to ensuring that local policing and emergency first
responders are centered on the safety of those who live and work in, and visit our Town.
Now, more than ever, we need to ensure that measures in the resolution are being followed
and enforced.
We are seeking an opportunity to present this request at the earliest possible upcoming
Select Board meeting, given our concerns around recent federal announcements about
imminent actions in MA. I look forward to working with the Chair and Town Manager to
identify a suitable date to present our request.
On behalf of the Lexington Human Rights Committee, thank you kindly
Christina Lin
Town of Lexington - Human Rights Committee, Chair
Town of Lexington
Motion
2018 Annual Town Meeting
ARTICLE 34 TO MAKE LEXINGTON A “WELCOMING, INCLUSIVE, SAFE
COMMUNITY”
Proposed Resolution to Make Lexington a “Welcoming, Inclusive and Safe Community”
MOTION:
Resolved, that the Town is committed to making Lexington a truly “Welcoming, Inclusive and
Safe Community”.
To this end, be it further resolved that the Town of Lexington hereby announces its
support for the Safe Communities Act (SCA, S.1305 & H.3269), currently before our
legislature.
In support of this resolution Town Meeting requests that the Town take the following actions as
soon as practical:
1. Update the Police Policy and Procedures Manual so that it is fully compliant and
fully aligned with the SCA.
2. Train all police department employees, with respect to these changes in the Police
Policy and Procedures Manual.
3. Inform the community through public communications, municipal signage and other
means deemed appropriate, that the town is a Welcoming, Inclusive and Safe
Community.
4. Provide quarterly reports by the Lexington Police Department to the Board of
Selectmen on all contacts in aggregate, and the nature of those contacts, with ICE or
other federal immigration authorities. If the Safe Communities Act or a similar Act is
passed that requires similar public reporting to the state, this requirement to report
locally will be considered unnecessary.
5. Report any subsequent changes to the Police Policy and Procedures Manual related
to this resolution in a Public Hearing.
6. Refer to, and consider including to the extent consistent with applicable laws, all of
the elements of the Safe Communities Act (S.1305) as submitted to the Massachusetts
Legislature on January 20, 2017 that apply to municipalities, when updating the
Police Policy and Procedures Manual.
(Revised 03/29/2018)
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review: Special Town Meeting 2025-2 Draft Warrant and Special Election 2025 Draft
Warrant
PRESENTER:
Kelly Axtell, Deputy Town Manager
ITEM
NUMBER:
I.4
SUMMARY:
Category: Informing
Kelly Axtell, Deputy Town Manager will review the Draft Special Town Meeting 2025-2 Warrant and the Draft
Special Election 2025 Warrant with the Select Board.
SUGGESTED MOTION:
FOLLOW-UP:
Town Manager's Office.
DATE AND APPROXIMATE TIME ON AGENDA:
9/29/2025 7:15pm
ATTACHMENTS:
Description Type
DRAFT 2025-2 STM Warrant Backup Material
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TOWN WARRANT
Town of Lexington
Commonwealth of Massachusetts Middlesex, ss.
To any of the Constables of the Town of Lexington
Greetings:
In the name of the Commonwealth of Massachusetts, you are to notify the inhabitants of the Town of Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town.
PRECINCT ONE, CARY MEMORIAL BUILDING; PRECINCT TWO, CARY MEMORIAL BUILDING; PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL BUILDING; PRECINCT FIVE, CARY MEMORIAL BUILDING; PRECINCT SIX, CARY MEMORIAL BUILDING; PRECINCT SEVEN CARY MEMORIAL BUILDING; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, LEXINGTON COMMUNITY CENTER,
MONDAY, the EIGHTH DAY of DECEMBER, 2025
From 7:00 a.m. to 8:00 p.m., then and there to act on the following question submitted to the voters at large:
Shall the Town of Lexington be allowed to exempt from the provisions of Proposition two-and-one-half, so called,
the amounts required to pay for the bonds issued to pay for the costs of design and construction of a new Lexington
High School, to be located at 251 Waltham Street, in Lexington, including the costs of conducting a feasibility
study, design development, demolition, architectural and engineering services, original equipment, furnishings,
landscaping, athletic fields, paving and parking areas, other accessory facilities, and the renovation of the existing
field house, if the overall appropriation so allows, and other site improvements or incidental cost directly related to
such construction?
And you are directed to serve this warrant seven days at least before the time of said meeting.
Hereof fail not and make due return of this warrant, with your doings thereon, to the Town Clerk, on or before the
time of said meeting.
Given under our hands this 6th day of October, 2025.
Jill I. Hai, Chair Select Board
Joseph N. Pato
Douglas M. Lucente of
Mark D. Sandeen
Vineeta Ajay Kumar Lexington
I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, 14 days at least
before the time of said Special Debt Exclusion Election.
__________, 2025
Constable of Lexington
Special Debt Exclusion Election Warrant must be posted by October 20, 2025 (no fewer than fourteen days prior to
the December 8, 2025 Special Debt Exclusion Election)
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TOWN OF LEXINGTON WARRANT
SPECIAL TOWN MEETING 2025-2
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet either at Margery Milne Battin Hall in the Cary
Memorial Building, 1605 Massachusetts Avenue, Lexington, or by means of the audio/video conferencing platform
described more particularly below on
Tuesday, November 3, 2025 at 7:30pm
at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
Pursuant to Chapter 92 of the Acts of 2020, as amended, including without limitation by Chapter 2 of the Acts of
2023 and Chapter 2 of the Acts of 2025, the Town Meeting shall be held through a hybrid of in person meeting and
remote participation by the means requested by the Moderator as follows:
Town Meeting members will either attend the meeting in person at Margery Milne Battin Hall, or via remote
participation. The meeting will be facilitated by use of: (1) the Zoom videoconferencing platform, (2) the online
voting tool developed by Select Board member Joe Pato and (3) an online queuing function developed by Select
Board member Joe Pato to facilitate debate. Other Town residents who wish to follow the proceedings may do so by
attending the meeting in person in the areas reserved for non-Town Meeting Members, or via LexMedia at https://
www.youtube.com/user/LexMediaMATV. Other residents who wish to participate in the Meeting may email the
Town Clerk's Office at clerk@lexingtonma.gov and by completing the online form at www.LexingtonMA.gov/
STM2025-2 .
For more information, please see the Moderator's letter dated August 26, 2025, 2023 to the Select Board attached to
this warrant as Appendix A.
ARTICLE 1 REPORTS OF TOWN BOARDS, OFFICERS AND COMMITTEES
To receive the reports of any Board or Town Officer or of any Committee of the Town; or act in any other manner
in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees.
ARTICLE 2 APPROPRIATE FOR PRIOR YEARS’ UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy, by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the
goods were received or the services performed and for which no money was encumbered.
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ARTICLE 3 ESTABLISH, AMEND, DISSOLVE AND APPROPRIATE TO AND FROM
SPECIFIED STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of:
(a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public
Transportation; (d) Special Education; (e) Center Improvement District; (f) Transportation Management Overlay
District; (g) Capital; (h) Payment in Lieu of Parking; (i) Visitors Center Capital Stabilization Fund; (j) Affordable
Housing Capital Stabilization Fund; (k) Water System Capital Stabilization Fund; and (l) Ambulance Stabilization
Fund; determine whether such sums shall be provided by the tax levy, by transfer from available funds, from fees,
charges or gifts or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to establish, dissolve, and/or fund Stabilization Funds for specific
purposes and to appropriate funds therefrom. Money in those funds may be invested and the interest becomes a part
of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds
vote of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 4 AMEND FY2026 OPERATING, ENTERPRISE AND CPA BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money
appropriated under Articles 4, 5, 9 and 10 of the warrant for the 2025 Annual Town Meeting to be used during the
current fiscal year, or make any other adjustments to the current fiscal year budgets and appropriations that may be
necessary; to determine whether the money shall be provided by tax levy, by transfer from available funds including
the Community Preservation Fund, or by combination of any of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year (FY2026) appropriations.
ARTICLE 5 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
To see if the Town will vote to make supplementary appropriations to be used in conjunction with sums
appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains,
streets, buildings, recreational facilities or other capital improvements and equipment; determine whether the sums
shall be provided by the tax levy, by transfer from the balances in other articles, by transfer from available funds,
including enterprise funds and the Community Preservation Fund, by borrowing, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital
projects in light of revised cost estimates that exceed such appropriations.
ARTICLE 6 ESTABLISH, AMEND AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E½ and Chapter
110 of the Code of the Town of Lexington, to amend existing revolving funds; to amend said Chapter 110 to
establish new revolving funds; to determine whether the maximum amounts that may be expended from such new
and existing revolving fund accounts in FY2026 shall be the following amounts or any other amounts; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
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DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General
Laws Chapter 44, Section 53E½ must be approved annually by Town Meeting. The Funds are credited with the
receipts received in connection with the programs supported by such funds, and expenditures may be made from the
revolving fund without further appropriation. This article will make amendments to the revolving funds and
spending limits approved at the 2024 Annual Town Meeting.
ARTICLE 7 ACCEPT GENERAL LAWS, CHAPTER 59, SECTION 5, CLAUSE 22L (HERO ACT)
To see if the Town will vote to accept General Laws Chapter 59, Section 5, Clause 22I, which authorizes an annual
increase in the amount of the exemption granted under General Laws Chapter 59, Section 5, Clause 22, Clause 22A,
Clause 22B, Clause 22C, Clause 22E and Clause 22F by the percentage increase in the U.S. Department of Labor,
Bureau of Labor Statistics, Consumer Price Index (CPI) for the previous year as determined by the Commissioner of
Revenue, to be effective for applicable exemptions granted for any fiscal year beginning on or after July 1, 2027; or
act in any other manner in relation thereto.
(Inserted by the Select Board )
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article would tie the Town's Veteran Property Tax Exemption limits to inflation as outlined
in the Massachusetts HERO Act (Chapter 178 of the Acts of 2024).
ARTICLE 8 APPROPRIATE FOR LEXINGTON HIGH SCHOOL
To see if the Town will vote to appropriate, borrow or transfer from available funds, an amount of money to be
expended under the direction of the Permanent Building Committee, for the costs to demolish the existing
Lexington High School, and design, construct, originally equip and furnish a new Lexington High School, to be
located at 251 Waltham Street, in Lexington, including athletic fields, parking areas and other accessory facilities,
as well as the renovation of the existing field house, if the overall appropriation so allows; which school facility
shall have an anticipated useful life as an educational facility for the instruction of school children of at least 50
years, and for which the Town may be eligible for a school construction grant from the Massachusetts School
Building Authority (“MSBA”). The Town acknowledges that the MSBA’s grant program is a non-entitlement,
discretionary program based on need, as determined by the MSBA, and any project costs the Town incurs in excess
of any grant approved by and received from the MSBA shall be the sole responsibility of the Town. Any grant that
the Town may receive from the MSBA for the Project shall not exceed the lesser of (1) 36.95% of eligible,
approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the
MSBA; or take any other action in relation thereto.
(Inserted by the Select Board at the request of the School Committee)
FUNDS REQUESTED: $647,921,834
DESCRIPTION: The purpose of this article is to fund the design and construction of a new Lexington High School,
including equipment, furnishings, parking, accessory facilities, the demolition of the existing buildings, and the
replacement of existing athletic fields. This project will be partially reimbursed by the Massachusetts School
Building Authority, and will depend on a successful Debt Exclusion referendum. This appropriation is in addition to
$11,825,000 in feasibility and design funds that were previously appropriated, resulting in a total project cost of
$659,746,834.
ARTICLE 9 HOME RULE LEGISLATION FOR RELEASE OF LAND FROM ARTICLE 97
To see if the Town will vote to:
1 Transfer from the Select Board and to the School Committee for school purposes the care, custody,
management and control of parcels of land currently containing the Lexington High School Athletic Fields
as shown on a sketch plan entitled “_____________” dated __________, on file with the Town Clerk (the
“Athletic Field Parcels”), currently held by the Select Board and used for open space and recreation
purposes ;
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1.Transfer from the School Committee and to the Select Board the care, custody, management and control of
parcels of land currently containing the Lexington High School buildings as shown on a sketch plan
entitled “_____________” dated __________, on file with the Town Clerk used as the site of the existing
Lexington High School and adjoining parking areas currently held by the School Committee; such transfers
being undertaken as mitigation for the proposed transfer of the Athletic Field Parcels which are subject to
the protections of Article 97 of the Amendments of the Massachusetts Constitution to the School
Committee for the siting of the new Lexington High School building, parking areas and other School
Facilities; and further,
1.authorize, the Select Board to petition the General Court consistent with the requirements of Article 97 of
the Amendments to the Massachusetts Constitution and G.L. c. 3, 5A to enact special legislation to
authorize the transfer, conveyance or otherwise dispose of the Athletic Field Parcels currently under the
care, custody, management and control of the Select Board to the School Committee for school purposes; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: The purpose of this Article is to allow the new Lexington High School to be built on the Lexington
High School athletic fields and allow the parcels of land containing the existing Lexington High School to be
transformed into and protected as recreational space. It will also allow the Select Board to petition the General
Court for special legislation to permit the transfer of land subject Article 97 of the Amendments of the
Massachusetts Constitution.
ARTICLE 10 AMEND REFERENCE OF NEWSPAPERS TO INCLUDE ELECTRONIC MEDIA
To see if the Town will vote to amend the Town of Lexington Bylaws Chapter 1 General Provisions and Article II
Use and Construction to include a reference to electronic media and remove outdated references; or act in any other
manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article is an article to clean up language in the bylaw after 2025 Annual Town Meeting
approved a change to include electronic media as a way to advertise.
ARTICLE 11 CLARIFICATION OF LEXHAB REORGANIZATION
To see if the town will vote to authorize the Select Board to petition the Massachusetts General Court for legislation
amending Chapter 192 of the Acts of 2024, which established the Lexington Housing Assistance Board, Inc.
(“LexHAB”) as a separate nonprofit entity, to make changes required by the Internal Revenue Service; and further
to authorize the Select Board to approve amendments to said act before its enactment by the General Court that are
within the scope of the general objectives of the petition; or act in any other manner in relation thereto.
(Inserted the Select Board)
DESCRIPTION: This article will make changes that are required for the Internal Revenue Services for purposes of
LexHAB's status as a non profit entity separate from the Town.
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And you are directed to serve this warrant not less than fourteen days at least before the time of said meeting, as
provided in the Bylaws of the Town.
Hereof fail not and make due return of this warrant, with your doings thereon, to the Town Clerk, on or before the
time of said meeting.
Given under our hands this 6th day of October 6, 2025.
Jill I. Hai, Chair
Select Board
of
Lexington
Joseph N. Pato
Douglas M. Lucente
Mark D. Sandeen
Vineeta Kumar
A true copy, Attest:
Constable of Lexington
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ATTACHMENT A
Town of Lexington
MODERATOR
DEBORAH BROWN
August 26, 2025 DELIVERED BY EMAIL
Dear Select Board Members,
Pursuant to Massachusetts Section 26 of Chapter 22 of the Acts of 2022, as amended by Section 47 of Chapter 2 of the Acts of 2023, I request approval to conduct the proposed 2025 Special Town Meeting-2 as a hybrid meeting. I propose to use a combination of: (1) the Zoom videoconferencing platform, (2) the online voting tool developed by Select Board member Joe Pato, and (3) an online queuing function developed by Select Board member Joe Pato to facilitate the process of debate.
I certify that all components of the system described above have been fully tested and utilized successfully for prior Town Meetings, and I am satisfied that this system enables our meetings to be conducted in substantially the same manner whether a member is participating in person or remotely. I certify that the system for those opting for remote participation (i) allows the moderator, town meeting members, town officials and any other interested members of the public to identify and hear the moderator and each town meeting member who attends and participates in the remote meeting, as well as any other individuals who participate in the meeting; (ii) provides the ability to determine whether a quorum is present; (iii) allows participants to request recognition by the moderator and makes such requests visible to the meeting participants and the public; (iv) allows the moderator to determine when a town meeting member wishes to be recognized to speak, make a motion, or raise a point of order or personal privilege; (v) enables the moderator to recognize a town meeting member, town official or other individual and enable that person to speak; (vi) provides the ability to conduct a roll call or electronically recorded vote; (vii) allows any interested members of the public to access the meeting remotely through LexMedia for purposes of witnessing the deliberations and actions taken at the town meeting; (viii) allows members of the public to participate in debate in-person or through the submission of statements for or against a motion; and (ix) provides for the town meeting to be recorded and available for future viewing. I further confirm that I have consulted with Lexington’s Commission on Disability regarding system accessibility.
Sincerely,
Deborah Brown Town Moderator 617-512-7901
1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
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