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2016-07-25 BOS Packet - Released
SELECTMEN'S MEETING Monday, July 25, 2016 Selectmen Meeting Room 6:30 PM AGENDA EXECUTIVE SESSION 1. Exemption 6 - Carcia Property Discussion-Adjacent to 227 Grove St(30 min) 6:30 p.m. PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 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 Selectmen's Office at 781-698-4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Verizon Wireless Pole Attachment Small Cell Communication Equipment-Public 7:00 PM Hearing(15 min) 2. Appointment of Election Officers (5 min) 7:15 PM 3. Sign Warrant for 2016 State Primary Election(5 mins) 7:20 PM 4. Approve Transfer from FY16 Salary Adjustment Account-Library Dept. (5 min.) 7:25 PM 5. Endorse& Sign Letter for Human Rights Committee(5 mins) 7:30 PM 6. LexF arm Annual Update(10 mins) 7:35 PM 7. Review and Approve Busa Property(52 Lowell Street) Conservation Restriction 7:45 PM (15 min.) 8. Update on Parking Management Program(30 min.) 8:00 PM 9. Update on Payment-in-Lieu-of-Parking Policy(40 min.) 8:30 PM 10. Minuteman Statue Restoration(15 min) 9:10 PM 11. Stormwater Regulations (20 min.) 9:25 PM 12. Victory Garden Way Street Acceptance-Order of Taking 9:45 PM 13. Continued Discussion FY 17-18 Goal Setting(15 min) 10:00 PM 14. Approve CPA Grant Agreement-Greeley Village Door and Porch Project(5 min.) 10:05 PM 15. Approve CPA Grant Agreement-Lexington Arts and Craft Society Lighting Project 10:10 PM (5 min.) 16. Support Bedford's Nomination to the Boston Regional Metropolitan Planning 10:15 PM Organization(5 min.) 17. Selectmen Appointment- Town Celebrations Committee(5 mins) 10:20 PM 18. Approve Town Manager's Appointment to Council on Aging(5 min.) 10:25 PM CONSENT AGENDA 1. Adjustments to Water& Sewer Charges (5 min) 10:30 PM 2. Approve Comptrollers Annual Review 3. Approve Calendar- FY17 Street Acceptance Schedule 4. Approve Minutes and Executive Session Minutes 5. Approve One-Day Liquor License- Lexington Historical Society ADJOURN 1. Approximate Adjourn Time 10:35 PM The next meeting of the Board of Selectmen is scheduled for Monday,August 15, 2016 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts Avenue. Hearing Assistance Device.s Available on Repast �� �� � All agenda time and the order of items are approximate and subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6 - Carcia Property Discussion-Adjacent to 227 Grove St (30 min) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager ES.1 SUMMARY: Suggested motion for Executive Session: Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property, the Carcia property, which is adjacent to 227 Grove Street, and to reconvene in Open Session. Further, that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. Begin discussion regarding Selectmen's interest in purchasing Carcia property on Grove Street. SUGGESTED MOTION: NA FOLLOW-UP: NA DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 6:30 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Verizon Wireless Pole Attachment Small Cell Communication Equipment -Public Hearing (15 min) PRESENTER: ITEM NUMBER: Daniel D. Klasnick, Esq.; Ken Pogran, Communication Advisory Committee L1 SUMMARY: Review proposal of Cellco Partnership dba Verizon Wireless, to attach, maintain and operate small cell communications equipment on existing utility poles located within the Town and State ways. Counsel for Verizon will present the petition. Members of the Communications Advisory Committee have also reviewed this petition and will present their findings to the Board. A vote of the Board is required for this matter. SUGGESTED MOTION: Move to approve the request from Cellco Partnership, dba Verizon Wireless, to attach, maintain and operative small cell communications equipment on existing utility poles located at: . LEXINGTON MA SCRY UP#N/A— WOBURN STREET (ACROSS FROM FLETCHER AVENUE ADJACENT 1505 MASSACHUSETTS AVENUE) . LEXINGTON MA SC03 UP#2—ADJACENT 4 BASKIN ROAD . LEXINGTON MA SC04 UP#77-13,64—ADJACENT 20 PELHAM ROAD . LEXINGTON MA SC05 UP#61-0—ADJACENT 1083 MASSACHUSETTS AVENUE . LEXINGTON MA SC06 UP#0—ADJACENT 3 ALLEN STREET . LEXINGTON MA SC10 UP#317/1 —ADJACENT 225 CONCORD AVENUE FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:00 PM ATTACHMENTS: Description Type D Findings, by C'a,nnnnnm.anr.iaaationrs;Advisory C'a,maitta.e Backup Mlaatorrinl D C.g,)hiia,nr.3'n nnnna a;cia1C'vaanr4nml C"overrmonnr) D ltavrrizon,,Wirra:k ,,,Petitions idsrr llok1 Attaachnnunnrt Cover Letter C"overr Mom) D ltavrrizon,,Wirra:k>,s;All butter notice C"overr Mom) D ltavrrizon,,Wirra:k ,,,Q'okl L)caatia>nrs; C"overr Mlavnnu> D Vorrizon,,Wirra:k ,,Petitions. C"overr Mlavnnu> D vorrizon,,wif k ,Q'laanrs,99 V Lydonr. C"overr Mom) D vorrizon,,wif k ,Q'laanrs,33 V Lydonr. C"overr Mlavnnu> D Vorrizon,,Wirra:k ,,IlL rs 333 Mlamott C"overr Mom) D Vorrizon,,Wirra:k ,,IlL rs, 1173 Mlamott C"overr Mom) D Vorrizon,,Wirra:k ,,IlL rs;Wolfram,kit C"overr Mlavnnu> D Vorrizon,,Wirra:k ,,IlLms 3 Baskin Rd C"overr Mom) D Vorrizon,,Wirra:k ,,IlLms 20 Q'a.�Ciun n C"overr Mom) D Vorrizon,,Wirra:k ,,IlL rs, 11083 Mass,Ave C"overr Mom) D Vorrizon,,Wirra:k ,,,3 Mlonr. C"overr Mom) D Vorrizon,,Wirra:k ,,IlLms 235 C bnr.corrd Ave C"overr Mom) D AflIdaavitRegTM<a(finr.g..TM Coll Cbvorraag..o BackupMlaatorrinl D C,onnynly:anr.ee Study kAillbit To: Board of Selectmen Cc: Carl Valente,Town Manager From: Kenneth T. Pogran, Chair,Communications Advisory Committee Date: July 20, 2016 Subject: CAC recommendation regarding the request by Verizon Wireless to install "Small Cell Sites"on six utility poles in town right of way On Wednesday,July 13,several members of the Communications Advisory Committee (CAC) met with representatives of Verizon Wireless (Verizon) regarding Verizon's request to the Board of Selectmen for permission to install"Small Cell Site" equipment on certain utility poles in Lexington.Verizon plans to install Small Cell Sites on ten utility poles. Of these ten poles,four are in Massachusetts Department of Transportation (MassDOT) right of way and are not subject to the Town's jurisdiction.The remaining six are in town right of way,and are the subject of Verizon's request to the Board. This memo presents the Communications Advisory Committee's recommendation to the Board of Selectmen regarding Verizon's request. Small Cell Site technology is a recent development in the wireless telecommunications industry that enables providers to add coverage and capacity in weak signal areas without immediately building new conventional, full-scale ("macro") cell sites. Small Cell Sites, mounted on utility poles,alleviate the typical concerns about where and how cell sites can be built.Verizon is one of the first wireless providers to deploy Small Cell Site technology in Massachusetts, and the first to seek to do so in Lexington. The CAC believes Small Cell Site technology offers an excellent opportunity for providers to improve wireless communication coverage in Lexington without resorting to building new macro cell sites in the near term. Given the increasing demand for wireless communication services,the CAC recommends that the Board of Selectmen approve Verizon's request. Detail regarding Verizon's request,the technology,the regulatory environment,and the reasoning behind the CAC's recommendation,is provided below. 1. The CAC is interested in improving wireless communications in Lexington. Demand for wireless (cellular) communication services,both voice and data,has burgeoned in recent years.What was once considered a luxury or business service is now a virtual necessity for everyone,with increasing numbers of"cord-cutting"residents foregoing conventional"landline" phone service, and with middle school aged (and sometimes even younger) children carrying modern"smart phones"enabling them to stay in touch with parents (and friends).At the same time, Lexington has maintained restrictive zoning policies regarding macro cell sites,making it difficult for wireless providers to add new cell sites where they are needed to cope with rapidly-increasing demands for service.The CAC regularly receives anecdotal reports from residents of poor voice or data service at their home or place of business. It is well known that all of the major providers—Verizon,AT&T Mobility(AT&T),T-Mobile,and Sprint—have coverage gaps in different parts of Town, especially for their newest and fastest"4G LTE"services. CAC Recommendation re Verizon Small Cell Sites Page 2 July 20, 2016 In the fall of 2015,the Board of Selectmen tasked the CAC with investigating the state of wireless communications in Lexington and determining what wireless carriers need in order to improve service in Lexington.To date,the CAC has had contact with AT&T Mobility and Verizon Wireless in this regard. 2. Small Cell Sites mounted on utility poles enable wireless providers to easily augment coverage and capacity in select areas. Verizon's drawings show what a Small Cell Site looks like. It consists of a cylindrical antenna enclosure mounted at the top of a utility pole (smaller in size than an electrical transformer that we see on many utility poles),connected to an electronics unit mounted lower down on the pole, near other telecommunications lines.The electronics unit is substantially smaller than the equipment enclosures installed on certain poles by Cable TV providers. Small Cell Sites augment the wireless service provided by conventional macro cell sites. They do not function alone,and they are not intended to eliminate the need for macro cell sites. However,by providing increased service in areas identified as having high demand (for example,outside a large office building or in a residential area with a weak signal)they can reduce the immediate need for a carrier to seek to build new macro cell sites. It is important to note that the Small Cell Site equipment gets its power from the pole in the conventional way.A Small Cell Site does not have backup power, as a macro cell site would, and therefore will not function during a power outage. It is also important to note that Small Cell Sites are exclusively part of the so-called"4G LTE" network, and do not improve service users for older-technology("3G") phones; users of these older-technology phones are served from macro cell sites only. 3. Verizon has provided documentation demonstrating the need for improved capacity and coverage in the areas where they propose Small Cell Sites. Verizon has performed signal strength and traffic analysis and has provided coverage maps showing the areas where additional"fill-in"4G LTE capacity is needed.These needs form the basis for Verizon's request to mount Small Cell Sites on ten utility poles in town. 4. The Town's regulatory role is constrained in several ways. Verizon intends to mount Small Cell Sites on poles within town (or MassDoT) right of way. Verizon asserts, and legal counsel has so advised the Town,that zoning regulations do not apply to utility equipment mounted on poles within such rights of way.Also,because it is pole-mounted equipment and not a structure,building code requirements,etc. do not apply. Federal law, and Federal Communications Commission regulations,strictly limit the ability of a state or municipal government to deny permission or otherwise restrict the ability of a wireless provider to construct cell sites. Reasonable zoning controls (which,as noted above, do not apply in the current context) are one area in which a municipality does retain some regulatory discretion. CAC Recommendation re Verizon Small Cell Sites Page 3 July 20, 2016 In addition,a municipality may not discriminate against one service provider in favor of another.We cannot, for example,say"we already have Verizon Small Cell Sites on utility poles; we don't want to have too many, so we will deny AT&T's (or T-Mobile's,or Sprint's) application for similar Small Cell Sites." 5. Some concerns remain. As noted above,the Town cannot discriminate among carriers. Because utility pole mounted Small Cell sites are a new technology that provides wireless carriers with an attractive solution to capacity and coverage issues,we can expect to see requests for similar installations from the other wireless carriers in the future. Also,while Verizon is currently seeking permission to install Small Cell Sites on just six poles in town right of way, it is likely that,as demand for wireless services continues to increase,Verizon will, at some point in the future,seek to add additional Small Cell Sites. In fact,Verizon has indicated to the CAC that it has already identified a need for an additional Small Cell Site. We also note that Verizon intends to install ten Small Cell Sites in Lexington. In addition to the six on poles in town right of way, four are on poles in Mass DoT-controlled right of way. Verizon states that it has sought, and has already received,approval from MassDoT to install its equipment on these poles—several of which are in residential areas. Finally, all cell sites include radio transmitters.The proximity of radio transmitters to residences,schools,etc.has sometimes engendered citizen concerns. (This was especially true in the early days of cellular telephones,when cell sites used substantially more powerful transmitters than are employed with today's wireless technology.) Some of the Small Cell Sites Verizon is proposing will be located on poles outside homes on residential streets. However,the radio equipment of Small Cell Sites is low in power compared to that of macro cell sites,as a Small Cell Site is designed to augment service only over a very limited area. Verizon has provided documentation showing that the radio frequency(RF) emissions from the proposed Small Cell Site equipment would not significantly add to the existing ambient RF energy in the immediate area.The CAC believes the RF emissions of the proposed equipment should not be of concern. 6. Conclusion and recommendation. The Communications Advisory Committee has reviewed Verizon's proposal for Small Cell Sites mounted on utility poles,and has met with Verizon's representatives.We believe that the proposed Small Cell Sites provide an excellent means of augmenting Verizon's capacity and coverage in"problem" areas in Lexington,and will likely reduce the need for Verizon to build new macro cell sites, at least in the near term. As outlined in Section 4,above,the Town's regulatory role is limited, in any event,by Federal law and regulation, and zoning regulations are not applicable. CAC Recommendation re Verizon Small Cell Sites Page 4 July 20, 2016 The CAC does not believe Small Cell Sites present significant environmental,safety,or health hazards. Although the antenna enclosures will be visible at the top of the utility poles in question, they are smaller in size than the electrical transformers we already accept in today's "polescape"outside our homes and businesses.And,they help to reduce the need for providers to construct new macro cell sites,which often have substantially greater visual impact. It is possible,and in fact likely,that other wireless carriers will, at some point, seek approval for similar utility pole Small Cell Site installations. It is also likely that Verizon will seek additional Small Cell Site installations in the future (Verizon has made the CAC aware of its impending need for an eleventh Small Cell Site). However, since Small Cell Site deployments are not intended to completely replace conventional macro cell sites,the CAC does not expect Small Cell sites to be deployed in numbers that would come anywhere near the density of today's pole-mounted electrical transformers,which we accept as a matter of course. Given the size of the Small Cell Site equipment,and the numbers of sites we might expect to be deployed over time,the CAC believes the overall visual impact of Small Cell Sites is reasonable. For these reasons,the CAC recommends that the Board of Selectmen approve Verizon Wireless'request to install Small Cell Site equipment on six utility poles in town right of way. Please feel free to contact me with any questions you may have regarding this recommendation. Kenneth T. Pogran Chair, Communications Advisory Committee 4�AND KOPELMANANDPAIGE, P.c. 101 Arch Street Boston, MA 02110 The Leader in .Public ublic Sector Law T: 617.556.0007 F: 617.654.1735 www.k-plaw.com June 17, 2016 Katherine D. Laughan klaughman@k-plaw.com roi ni .wg,)y AND FIRST CLASS MAIL Mr. Fred Lonardo Building Commissioner Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Re: Pro,osecl Verizon Wir_cless l.Jtlllty lcrlc A7lUaclrrtlernis Dear Mr. Lonardo: You have requested an opinion concerning a proposal by Cellco Partnership d/b/a/Verizon Wireless ("Verizon") to install "small cell" installations on eight (8) existing utility poles in Lexington. In particular you have asked whether this proposal would require special permit review by the Zoning Board of Appeals and whether a building permit would be required for such installations. First, in my opinion, if the utility poles are within public ways, then, as a general rule, the land located within the layout of a public roadway is not subject to zoning. See 1 larirson v. Textron, Inc., 367 Mass. 540, 549 (1975). This includes, in my opinion, the use of the public way consistent with the purpose for which public ways are established, namely to provide for public travel and access as a matter of right. It also includes, in my opinion, use of the public ways, as authorized by G.L. c.166, to locate electrical and telephone lines. Thus, the Town's Zoning By-law would not apply to telecommunications installations on utility poles that are located in the layout of public ways. However, if the utility poles are not located within the layout of public ways, then zoning relief under Section 6.4 of the Zoning Bylaw may be required. Second, in my opinion, under G.L. c.166, §22, ¶4, the permission of the Board of Selectmen is required in order for Verizon to install telecommunications equipment on an existing utility pole in a public way, using the process set forth under G.L. c.166, §22. If Verizon does not own or control the relevant poles, it will need the permission of the owner of the poles, and Verizon should be required to provide written permission for the installation of the equipment on the utility poles. In my further opinion, unlike reviews for applications to locate new poles under G.L. c.166, §22 where the Board of Selectmen has a wider range of discretion to implement past practice or establish local policies for reviewing proposed pole location applications for safety, aesthetics, and other reasons, the Board should exercise caution in denying or conditioning approval to install telecommunications equipment within the right of way as it is unlikely that a denial or prohibitive conditions would be upheld on appeal. Under the Federal Telecommunications Act of 1996 (the Boston ® Worcester ® Northampton ® Lenox KOPELMAN AND PAIGE,P.G. Mr. Fred Lonardo Building Commissioner June 16, 2016 Page 2 "TCA") and, if applicable, the Federal Middle Class Tax Relief and Job Creation Act of 2012 (also known as the "Spectrum Act") municipalities have little discretion to deny these types of requests. It is my opinion that Verizon is covered by the TCA as a provider of"personal wireless services." When a local authority acts (either the special permit granting authority, if zoning is implicated, or the board of selectman under G.L. c.166, §22), the local authority may not "unreasonably discriminate among providers of functionally equivalent services" and may not "prohibit or have the effect of prohibiting the provision of personal wireless services." In my opinion, the Spectrum Act of 2012 does not apply to the siting of telecommunications equipment on a utility pole, unless the pole is already being used for telecommunications purposes. Finally, it is my opinion that in keeping with past practice of not requiring or issuing building permits for utility poles and attachments thereto, you may determine that no building permit is required to attach the small cells to the utility pole. However, it is my opinion that the TCA does not foreclose the ability of municipalities to address issues of structural integrity with respect to wireless telecommunications facilities. In my opinion, to the extent Verizon seeks to install the small cell antennas (i.e., its wireless telecommunications equipment) on utility poles located within the layout of a public way, the Town may exercise oversight in accordance with the provisions of G.L. c.166, §22, the so-called "Pole Attachment Statute." The Pole Attachment Statute, §22A(e) defines "[p]oles and overhead wires and associated overhead structures" to mean, among other items "attachments" and "appurtenances located above ground, upon, along, or across any public way or ways of a municipality used or useful in the transmission of intelligence by electricity or otherwise. . . ." It is my opinion that such a broad definition includes wireless small cell equipment. General Laws, c.166, §22 provides, in relevant part, that a company desiring to construct a line for such transmission upon, along, under or across a public way shall in writing petition the board of aldermen of the city or the selectmen of the town where it is proposed to construct upon, along, under or across said way, the wires, poles, piers, abutments, or conduits necessary therefor. Under G.L. c.166, §22, the Selectmen may, on written petition by two or more companies, without hearing or notice, "by order authorize any such company to attach its wires and fixtures to existing poles, piers or abutments of either or any of said other petitioners." In my opinion, the language of G.L. c.166, §22 is broad enough to include the types of telecommunications antennas and attachments proposed by Verizon. It is therefore my opinion that G.L. c.166, §22 may reasonably be applied to Verizon's request and Verizon must obtain the approval of the Board of Selectmen to place the telecommunications equipment on utility poles in the public right of way. KOPELIVIAN AND PAIGE,Porn Mr. Fred Lonardo Building Commissioner June 16, 2016 Page 3 With respect to notice and hearing requirements, it is my opinion that under General Laws c.166, §22, a written petition to the Selectmen is required in order for Verizon to attach its wires and fixtures to existing poles in a public way. With respect to new attachments to existing pole, the statute does not require that public notice or a hearing take place. While not statutorily required, the Selectmen may elect to hold a public hearing on the matter, if desired. If a public hearing is held, it is my opinion that the hearing requirements of G.L. c.166, §22 should be followed, which require that: written notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the clerk of the city or by the selectmen of the town to all owners of real estate abutting upon that part of the way upon, along, across or under which the line is to be constructed as such ownership is determined by the last preceding assessment for taxation. In my opinion, when reviewing a request to site the equipment on existing utility pole in the public way, the Town may require Verizon to: (1) identify the precise locations of all of the poles upon which it intends to place its telecommunications antennas, and (2) identify all of the abutters, as listed on the latest tax assessment, to those locations. 1 recommend that the Board of Selectmen first determine whether it will require a public hearing. If a public hearing is to be held, the notice of hearing must be mailed to the abutters at least seven days prior to the hearing. The Town may require Verizon to assume all the costs of notice and mailing. The hearing may be part of another regularly scheduled meeting and should occur in accordance with the Town's usual procedure under G.L. c.166, §22. Again, I note that the statute does not require a hearing, but one may be held. Whether or not a hearing is held, the Selectmen must act on Verizon's request and issue an order to either grant or deny Verizon permission to locate the telecommunications equipment on the relevant utility poles in public way. The order, which must include certification by the Selectmen as to whether there was due notice and a public hearing, shall then recorded with the Town Clerk. I also note that I have not addressed the process for review by the Town for poles located on private properties. Should you determine that any of the poles in question are on private properties, which would, in my opinion, implicate Section 6.4 of the Town's Wireless Communication Facilities Bylaw, please inform me and I will provide further legal counsel accordingly. KOPELMAN AND PAIGE,P.c. Mr. Fred Lonardo Building Commissioner June 16, 2016 Page 4 2. Consideration of Ag Agp fi n cation under the Federal'l'cicconti,nti,iiicatioiis Act _ In my opinion, Verizon is covered by the TCA as a provider of wireless telecommunications. Under the TCA, a local authority may not"unreasonably discriminate among providers of functionally equivalent services" and may not "prohibit or have the effect of prohibiting the provision of personal wireless services." 47 U.S.C. §332(c)(7). The TCA imposes significant limitations on local siting decisions, and in many instances preempts state and local regulations. Thus, a decision that would be defensible under state and local laws may be subject to challenge under the federal law. Additionally, decisions that normally are reviewed by the state courts are subject to federal court jurisdiction and may be brought for review in federal court. Under the TCA, municipalities are not generally in a favorable position with respect to denials of permits for telecommunications facilities. The federal court for the District of Massachusetts has found in favor of telecommunications providers and reversed local permit denials in many cases. These cases have overturned permit denials where the provider of personal wireless communications services established that without the proposed facility there is a significant gap in coverage and there are no feasible available alternative locations for the facility. See M. ., QnInJ. oint Comni Linical ions LLC VA"oWn of Li.nc.ol.n, 107 F Supp.2d 198 (D.Mass.2000); Nextel Co ni ni un i cations of the N/lid-Allantic Inc. v. Wayland, 231 F.Supp.2d 396, 405 (D. Mass. 2002). In some cases, the courts have found for the municipality and upheld permit denials under the TCA. The cases where municipal permit denials have been upheld involve a clear adverse visual impact and either a tower building company (not a personal wireless provider) or a provider admitting an alternative site exists. Soulliwestern Bell Mobile SyLtqqis 4 Jnc.,v. Todd, 244 F.3d 51 (1st Cir. 2001); Nextel v. Cam IjEi e ldlu, 246 F.Supp.2d 118 (D. Mass. 2003); Tower Resmvces v. Plymouth, USDC Mass., C.A. 02-10806-WGY, March 31, 2003. In my opinion, to the extent the Town seeks to regulate the installations under G.L. c.166, §22, the Town should exercise caution in denying permission to locate on specific poles to ensure that the denial does not amount to an effective prohibition of wireless services. Finally, in my opinion, a 2012 amendment to the TCA, known as the "Spectrum Act," imposed additional restrictions on the authority of state and local governments to deny telecommunications permits to certain "eligible facilities." In my opinion, the Spectrum Act does not apply to Verizon's requests, unless the utility poles in question already qualify as "existing wireless towers" or"base stations" under the Spectrum Act. However, once Verizon has installed its equipment on a utility pole, it is my opinion that future installations on such a pole may fall under the Spectrum Act as the pole will have been converted to an eligible facility. KOPELMAN AND PAIGE,P.c. Mr. Fred Lonardo Building Commissioner June 16, 2016 Page 5 3. Issuance of Building Permits for Utili LPole Attachments You have informed me that it is not the practice of the Building Department to issue building permits for utility poles and utility pole attachments located in the public right of way. In my opinion, keeping with past practice of not requiring or issuing building permits for utility poles and attachments thereto, you may determine that no building permit is required to attach the small cells to the utility pole. However, it is my opinion that the TCA does not foreclose the ability of municipalities to address issues of structural integrity with respect to wireless telecommunications facilities. In fact, the FCC has specifically stated that municipalities may regulate wireless telecommunications facilities to ensure compliance with "generally applicable building, structural, electrical and safety codes and with other laws codifying objective standards reasonably related to health and safety." Please do not hesitate to contact me should you have any questions concerning this matter. Very truly yours, Katherine D. Laughman KDL/man cc: Town Manager Zoning Administrator 557497/LEXI/0001 'V�!�, r &Mi�� . ��...�, �� I v . . l) 4J' V11L '�,.�, �. ��� �� ��, ��lllt �.A.�'l^:�i']'VS�:. �Y't)911� �"9.,1'i'VIGtk�;. �V.Jt.(.#;#;V)VNGv �C.1�fp�;VHFA. Daniel D.Klasnick Licensed in Massachusetts and New Hampshire dklasnick@dkp-law.com July 8, 2016 Board of Selectmen Lexington Town Hall 1625 Massachusetts Avenue Lexington,Massachusetts 02420 Re: Petition to Board of Selectmen for Pole Attachment Small Cell Communications Equipment Dear Honorable Board of Selectmen: Enclosed please find a Petition filed on behalf of Cellco Partnership d/b/a Verizon Wireless to the Lexington Board of Selectmen to attach, maintain and operate small cell communications equipment on existing utility poles located within the Town and State ways (the "Petition"). The Petition is submitted on behalf of the Petitioner as follows: Petitioner: Cellco Partnership d/b/a Verizon Wireless c/o Daniel D. Klasnick, Esquire Duval & Klasnick LLC 210 Broadway, Suite 204 Lynnfield, Massachusetts 01940 Federal and state law provide a framework to support this antenna technology. At the federal level, the Pole Attachment Act (47 U.S.C. §224 (2000)) mandates that nondiscriminatory access to pole attachments be granted by utility pole owners to cable television systems and telecommunication carriers. At the state level, the Massachusetts Pole Attachment Act (Mass. Gen. Laws ch. 166, § 25A (2002)) addresses wireless communications, providing that "utilities shall provide wireless providers with nondiscriminatory access to any pole or right of way... for the purpose of installing a wireless attachment." Accordingly, under Chapter 166, Section 22 of the Massachusetts General Laws, Verizon requests that the Town of Lexington Board of Selectmen issue an Order for the installation and operation of small cell equipment as specified herein. 210 Broadway, Suite 204,Lynnfield,MA 01940 Direct: (781) 873-0021 .dkp-law.co • Mobile: (774)249-2814 The Petitioner respectfully requests that the Petition be added to the Board of Selectmen's July 25, 2016 Agenda. In accordance with the filing requirements, enclosed herewith please find the following: 1. Petition for Pole Attachment; 2. Site drawings; 3. Proposed Order; 4. Abutters List, Map and Mailing Labels. The Petitioner looks forward to meeting with Board of Selectmen and presenting this Petition. Should you require any additional information, please don't hesitate to contact me. Thank you very much for your cooperation. Very truly yours, .KLASNIC By: Daniel D. Klasnick Attorney at Law 2 NOTICE TO ABUTTERS July 11, 2016 You are hereby notified that at a regularly scheduled meeting to be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, July 25d' at 7:00 p.m., the Board of Selectmen will review the petition of Cellco Partnership d/b/a Verizon Wireless to provide notice of the proposal to attach, maintain and operate small cell communications equipment on existing utility poles located within Town and State ways: MASSDOT POLES • LEXINGTON S MA SC20 U/P #433/2—ADJACENT 99 HAYDEN AVENUE • LEXINGTON S MA SC11 U/P #433 35—ADJACENT 33 HAYDEN AVENUE • LEXINGTON MA SC07 U/P #VZ-57A—ADJACENT 342 MARRETT ROAD • LEXINGTON MA SC08 U/P#VZ-29—ADJACENT 173 MARRETT ROAD TOWN RIGHT OF WAY POLES • LEXINGTON MA SC01 U/P #N/A— WOBURN STREET (ACROSS FROM FLETCHER AVENUE ADJACENT 1505 MASSACHUSETTS AVENUE) • LEXINGTON MA SC03 U/P #2—ADJACENT 4 BASKIN ROAD • LEXINGTON MA SC04 U/P #77-13,64—ADJACENT 20 PELHAM ROAD • LEXINGTON MA SC05 U/P #61-0—ADJACENT 1083 MASSACHUSETTS AVENUE • LEXINGTON MA SC06 U/P #0—ADJACENT 3 ALLEN STREET • LEXINGTON MA SC10 U/P #317/1 —ADJACENT 225 CONCORD AVENUE Federal and state law provide a framework to support this antenna technology. At the federal level, the Pole Attachment Act (47 U.S.C. §224 (2000)) mandates that nondiscriminatory access to pole attachments be granted by utility pole owners to cable television systems and telecommunication carriers. At the state level, the Massachusetts Pole Attachment Act (Mass. Gen. Laws ch. 166, § 25A (2002)) addresses wireless communications, providing that "utilities shall provide wireless providers with nondiscriminatory access to any pole or right of way... for the purpose of installing a wireless attachment." By: TrEcE,a MaLatesM Engineering Aide Department of Public Works/Engineering Please contact with any questions: Cellco Partnership d/b/a Verizon Wireless c/o Daniel D. Klasnick, Esquire Duval & Klasnick (o)781 873-0021 LEXINGTON SC POLE LOCATIONS MASSDOT POLES • LEXINGTON_S_MA SC20 U/P #433/2 -ADJACENT 99 HAYDEN AVENUE • LEXINGTON_S_MA SC11 U/P #433 35 -ADJACENT 33 HAYDEN AVENUE • LEXINGTON_MA_SC07 U/P #VZ-57A -ADJACENT 342 MARRETT ROAD • LEXINGTON MA SCO8 U/P #VZ-29 -ADJACENT 173 MARRETT ROAD TOWN RIGHT OF WAY POLES • LEXINGTON-MA-SC01 U/P #N/A- WOBURN STREET (ACROSS FROM FLETCHER AVENUE ADJACENT 1505 MASSACHUSETTS AVENUE) • LEXINGTON MA SC03 U/P #2 -ADJACENT 4 BASKIN ROAD • LEXINGTON-MA-SC04 U/P #77-13,64 -ADJACENT 20 PELHAM ROAD • LEXINGTON_MA_SC05 U/P #61-0 -ADJACENT 1083 MASSACHUSETTS AVENUE • LEXINGTON_MA_SC06 U/P #0 -ADJACENT 3 ALLEN STREET • LEXINGTON MA SC10 U/P #317/1 -ADJACENT 225 CONCORD AVENUE PETITION FOR SMALL CELL POLE ATTACHMENTS To the Board of Selectmen Of Lexington, Massachusetts Cellco Partnership d/b/a Verizon Wireless hereby petitions this Honorable Board to provide notice of the location of small cell wireless antenna, and the necessary sustaining and protecting fixtures, on existing utility poles in Lexington, Massachusetts, as more particularly shown on the plans attached hereto. Poles Located in the Town Ways: Pole Location 41 Existing Pole Location: Woburn Street(Across from Fletcher Avenue Adjacent to 1505 Massachusetts Avenue) Pole Number:N/A Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON_SCOI prepared by Nexius with a last revision date of 05/16/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 42 Existing Pole Location: Adjacent to 4 Baskin Road Pole Number: 42 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON_SC03 prepared by Nexius with a last revision date of 05/31/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 43 Existing Pole Location: Adjacent to 20 Pelham Road Pole Number: 477-13,64 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON_MA_SC04 prepared by Nexius with a last revision date of 05/04/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 44 Existing Pole Location: Adjacent to 1083 Massachusetts Avenue Pole Number: 461-0 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON_MA_SC05 prepared by Nexius with a last revision date of 05/25/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 45 Existing Pole Location: Adjacent to 3 Allen Street Pole Number: 40 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON MA SC06 prepared by Dewberry Engineers Inc.with a last revision date of 06/15/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 46 Existing Pole Location: Adjacent to 225 Concord Avenue Pole Number: 4317/1 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON_MA_SC10 prepared by Dewberry Engineers Inc.with a last revision date of 06/15/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Poles Located in the State Highway Layout: Pole Location 47 Existing Pole Location: Adjacent to 342 Marrett Road Pole Number: 4VZ 57-A Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON MA SC07 prepared by Dewberry Engineers Inc.with a last revision date of 06/15/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 48 Existing Pole Location: Adjacent to 173 Marrett Road Pole Number: 4VZ 29 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON MA SC08 prepared by Dewberry Engineers Inc.with a last revision date of 06/22/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 49 Existing Pole Location: Adjacent to 33 Hayden Avenue Pole Number: #433 35 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON_S_MA_SC I 1 prepared by Nexius with a last revision date of 06/22/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Pole Location 410 Existing Pole Location: Adjacent to 92 Hayden Avenue Pole Number: #433/2 Proposed Equipment: Antenna, Remote Radio Head(s), and associated wires, cables, meter and junction boxes as shown on the attached Plans Titled LEXINGTON S MA SC20 prepared by Dewberry Engineers Inc. with a last revision date of 06/15/16. Purpose: To address network coverage in the immediate area of the subject pole within an area of approximately 1/z mile. Offload wireless traffic from macro sites and designed to increase throughput to customers in proximity to the pole. Whereof the Petitioner respectfully provides notice to the Honorable Board of Selectmen of the attachment of the aforementioned equipment pursuant to the Plans and supporting material enclosed herewith and incorporated into this Petition. PETITIONER: Cellco Partnership d/b/a Verizon Wireless By Daniel D. Klasnick, Esquire 210 Broadway, Suite 204 Lynnfield, MA 01940 (781) 873-0021 (Desk) (774) 249-2814 (Mobile) dklasnick@dkp-law.com Dated this 8th day of July,2016 ORDER TO INSTALL SMALL CELL POLE ATTACHMENTS In the Board of Selectmen of the Town of Lexington, Massachusetts IT IS HEREBY ACKNOWLEDGED: That Cellco Partnership d/b/a Verizon Wireless has provided notice and offered testimony at a duly noticed meeting that it will install small cell wireless antennas, and the necessary sustaining and protecting fixtures on existing poles together with such sustaining and protecting fixtures as said company may deem necessary, in the public ways, as described in petition of said Company dated July 8, 2016. All construction shall be in accordance with the Plans filed with the Petition. There shall be attached to said poles: • Antenna; • Remote Radio Head(s) • Mounting Brackets; • Overhead Wire; • Conduit; • Cable; • Disconnect;and • such sustaining and protecting fixtures as it may find necessary. I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen of the Town of Lexington, Massachusetts held on the day of , 2016. Attest: Clerk of Selectmen RECORD OF ORDER FOR SMALL CELL POLE ATTACHMENTS In the Board of Selectmen of the Town of Lexington, Massachusetts We hereby certify that on , 2016, at o'clock M., at Lexington, Massachusetts, at a duly noticed regularly scheduled public meeting of the Board of Selectmen a review was undertaken and order adopted for the installation of small cell wireless antennas, and the necessary sustaining and protecting fixtures on existing poles described in the submission by Cellco Partnership d/b/a Verizon Wireless, and that we mailed at least seven days before said meeting a written notice of the time and place of said review to each of the owners of real estate (as determined by the last preceding assessment for taxation) along the way or parts of ways upon which said Company is to install a small cell wireless antenna, and the necessary sustaining and protecting fixtures on existing poles under said order and that thereupon said order was duly adopted. 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F- < Aso F5 w zV 000 (9, 5E 9 ZST. x o T. uj Rla�i cD L I I HSI I n x ry --------------------------------- ------------------------------------ ------------ —---------- ------ ------------------- -------- --------- lu ani s 1': LU ------------------ > z 0 O —T,--7 ------------ o t 132 -------------- 6i 7 vi 3T. Rig qsv ui AlddM MVZ/OZL— r—— ————————————— - IWI Ha HEM'- - —— MIN -------- ............. In' ............. W. 7- HB. Iq v rizon AFFIDAVIT OF RADIO FREQUENCY ENGINEER The undersigned, in support of the proposal to install a wireless communications facility consisting of one antenna and associated radio equipment on ten utility poles located throughout the Town of Lexington, Massachusetts, states the following: 1. My name is Daniel Brown. I have a Bachelor of Science degree in Electrical Engineering from the University of Massachusetts Lowell and I am employed as a Radio Frequency (RF) Engineer for C Squared Systems, LLC. C Squared Systems has entered into a contract with Verizon Wireless to provide RF consulting services on behalf of Verizon Wireless. I have reviewed the proposed sites with the Radio Frequency Engineer responsible for the Verizon Wireless network design in the area of Massachusetts that includes the Town of Lexington, MA. 2. Verizon Wireless is a federally licensed provider of wireless communications services with a national footprint. 3. The proposed facilities are located within areas where Verizon Wireless has identified a need to install a wireless telecommunications facility in order to provide reliable wireless service. The search area for each proposed facility was determined by the fact that wireless service needs significant improvement throughout the surrounding areas and stretches of roadway in the immediate proximity of each proposed location. Furthermore, it was determined that the areas served by each facility would interact well with those of existing and planned facilities in the surrounding area. The following table provides details of each proposed facility: Site Name: Site Address: Utility Pole Latitude: Longitude: Elevation Antenna Number: (AMSL): Height(AGL): MassDOT Poles Lexington MA SC07 Marrett Road 57-A 42.4357 -71.2359 235.6' 29.8' Lexington MA SC08 Marrett Road 29 42.4340 -71.2240 217.8 23.5' Lexington S MA SC11 33 Hayden Avenue 433 35 42.4228 -71.2348 235' 21.6' Lexington S MA SC20 Hayden Avenue 433/2 42.4248 -71.2497 258.6' 35.5' Town ROW Poles Woburn Street Lexington SCO1 (Across from N/A 42.4461 -71.2220 208' 34.8' Fletcher Avenue Lexington SC03 4 Baskin Road 2 42.4414 -71.2345 222' 34.8 Lexington MA SC04 20 Pelham Road 77-13,64 42.4379 -71.2182 242' 21.3' Lexington MA SC05 1083 Massachusetts 61-0 42.4349 71.2102 206' 29.1' Avenue Lexington MA SC06 Allen Street 0 42.4276 -71.2307 229' 37.1' Lexington MA SC10 Concord Avenue 317/1 42.4163 -71.2212 252.4' 35.8' 4. A conventional Verizon Wireless LTE macro-site consists (in part) of RRH's (Remote Radio Heads)located near the antennas on a tower, rooftop, or other support structure, which are connected via fiber optic cables to a BBU (Baseband Unit) located on site in an equipment shelter or other weatherproof enclosure. The BBU performs network signal processing between the RRH's at the site, and Verizon's LTE core network. 5. C-RAN (Cloud Radio Access Network) nodes and Small Cells also utilize RRH's at each site, however a centralized BBU capable of supporting RRH's at multiple sites is implemented to gain certain efficiencies, both from a network and environmental standpoint. The proposed locations are ten of the multiple C-RAN nodes and Small Cells planned to address capacity and coverage deficiencies in Lexington and the surrounding area. 6. C-RAN and Small Cell deployments are intended to complement, not replace, the conventional LTE macro- network sites, and are typically used as a capacity solution targeting isolated areas of heavy network usage, a.k.a. "hot spots." In doing so, the C-RAN nodes and Small Cells serve to offload the demand on the existing sites serving these "hot spots." This not only improves service to the specifically targeted area, but also improves overall system performance elsewhere in the network. 7. The purpose of the proposed facilities is to provide adequate service capacity and coverage improvement to areas of Lexington immediately surrounding each location, where Verizon Wireless does not currently provide acceptable LTE service on its network. 8. To find a site that provides acceptable capacity and coverage improvement, the Verizon Wireless RF Design Group utilizes computer modeling to define a search area. The search area is designed such that a site located within the area and at a given height would have a high probability of completing the capacity and coverage objectives in the target areas. The RF Design Group develops the network by working off existing sites from which to build out the network design. 9. Verizon Wireless' search of these areas and subsequent analysis determined that installing the proposed facilities on the subject utility poles would be the most appropriate solution to meet its network capacity and coverage objectives. 10. I have reviewed the proposed installations to be placed on the subject utility poles as well as the other existing and planned antenna site locations used in Verizon Wireless' system in and around the surrounding areas. I have analyzed the potential benefits these sites would represent to Verizon Wireless' network and its users. I employ computer simulations, which incorporate the results of field tests of existing facilities,to determine existing radio frequency (RF) coverage for Verizon Wireless' system. These simulations model characteristics such as antenna types, antenna height, output power, terrain, ground elevations and RF propagation effects of the frequency utilized. 11. The following table provides details of the surrounding Verizon Wireless telecommunications facilities used to generate the RF maps attached hereto as exhibits to Verizon Wireless' application. Site Name: Latitude: Longitude: Street Address: City,State: Structure Antenna HeightType: (ft AGL): Status: Arlington 42.4325 -71.1733 50 Dodge Street Arlington,MA Water Tank 88 On-Air Arlington 3 42.4213 -71.1723 1098 Massachusetts Avenue Arlington,MA Rooftop 45/49.5 On-Air Bedford 2 42.4869 -71.2607 32 Shawsheen Avenue Bedford,MA Stealth Pole 57 On-Air Bedford 4 42.4914 -71.2798 75 Great Road Bedford,MA Steeple 77 Approved Belmont N 42.3994 -71.1884 780 Concord Avenue Belmont,MA Monopole 97 On-Air Bedford 3 42.4926 -71.2321 31 North Avenue Burlington,MA Monopole 120 On-Air Burlington 42.4748 -71.2164 200 Wheeler Road Burlington,MA Rooftop 81 On-Air Burlington 4 42.4855 -71.2108 24 NE Executive Park Burlington,MA Rooftop 61.2/63.2 On-Air Lexington 42.4457 -71.2444 2 Morgan Street Lexington,MA Water Tank 105 On-Air Lexington 12 42.4448 -71.2642 750 Marrett Road Lexington,MA Rooftop 85 Approved Lexington 3 42.4182 -71.2015 519 Appleton Street Lexington,MA Lattice 120 On-Air Lexington 4 42.4226 -71.2560 191 Spring Street Lexington,MA Rooftop 89 On-Air Lexington 5 42.4489 -71.1986 397 Lowell Street Lexington,MA Rooftop 35 On-Air Lexington 8 42.4599 -71.2360 177 Bedford Street Lexington,MA Stealth Pole 65 On-Air Lexington 9 42.4499 -71.2319 7 Harrington Road Lexington,MA Steeple 92.5 On-Air Lexington N 42.4723 -71.2553 40 Hartwell Avenue Lexington,MA Monopole 100 On-Air Lincoln North 42.4401 -71.3001 131 Cambridge Turnpike Lincoln,MA Monopole 56 On-Air Waltham 2 42.4101 -71.2564 404 Wyman Street Waltham,MA Rooftop 50 On-Air Waltham 4 42.3988 -71.2401 39 Sachem Street Waltham,MA Lattice 97 Approved Waltham 5 42.3981 -71.2591 385-387 Winter Street Waltham,MA Rooftop 62.3 On-Air Woburn W 42.4597 -71.1757 Off Waltham Street Woburn,MA Power Pole 73 On-Air 2 12. The signal propagation plots included as attachments were produced using deciBel Planner TM, a Windows-based RF propagation computer modeling program and network planning tool. The software takes into account the geographical features of an area, land cover, antenna models, antenna heights, RF transmitting power and receiver thresholds to predict coverage and other related RF parameters used in site design and network expansion. 13. The RF map titled "Lexington MA Small Cells — Existing/Approved 700 MHz LTE Sector Footprints" attached hereto depicts the areas primarily served by the sectors (a.k.a. signal "footprints") of the "On-Air" and "Approved" Verizon Wireless macro sites in the area, which are shown by a unique color for each particular sector of interest. "On-Air" sites are existing Verizon Wireless facilities, and "Approved" sites are defined as those that are in the final stages of permitting or construction and are expected to be turned on-air in the near future. For clarity, all other sectors of less interest with respect to the proposed small cells are shown in grey. As demand for wireless voice and data services continues to grow, Verizon Wireless manages the footprint of each sector so that it can support the demand within the area it is primarily serving. In addition to improving coverage to the immediate area,the proposed sites are also needed to serve existing and anticipated demand in the vicinity and thereby offload some of the burden experienced by the surrounding sites. In that way,those sites will be able to more adequately serve the demand for service in the areas nearer to those surrounding sites. Please note that the outer parts of each sector footprint include areas that presently have signal strength below the targeted value required for reliable service to Verizon Wireless' customers. The fact that low-level signal is capable of reaching these areas does not mean that these areas experience adequate coverage. These unreliable areas of low signal level impose a significant capacity burden on the sites primarily serving the area. 14. The RF map titled "Lexington MA Small Cells — Existing/Approved 700 MHz & 2100 MHz LTE Coverage (-90 dBm)" attached hereto depicts the coverage provided from the "On-Air" and "Approved" Verizon Wireless macro sites in the Waltham area, at a RSRP signal strength of-90 dBm. The green and yellow shaded areas represent the minimum desired level of coverage for this area for the 700 MHz and 2100 MHz network layers, respectively. Because of the superior propagation characteristics of 700 MHz relative to 2100 MHz frequencies, the 2100 MHz coverage areas (yellow) are generally contained within the 700 MHz coverage areas (green). As such, the deficient areas of 700 MHz coverage are defined by the unshaded or "white" areas, whereas the deficient areas of 2100 MHz coverage consist of both the green and white areas. As shown in this plot, the existing and approved Verizon Wireless macro sites in the area are unable to provide adequate coverage to the targeted areas,particularly at the 2100 MHz frequencies. 15. The RF map titled "Lexington MA Small Cells —Existing/Approved 700 MHz & 2100 MHz LTE Coverage (-95 dBm)"attached as an exhibit to Verizon Wireless' application is similar to the map described above except that it depicts the coverage at a RSRP signal strengths of-95 dBm,which represents a slightly less reliable, lower signal strength. 16. As shown in the aforementioned plots,the proposed facilities are located in areas of deficient service throughout Lexington, making them suitable to provide a dominant server and capacity relief to these "hot spots" of network usage, and offload the sectors currently servicing the area. 17. I have concluded that the proposed facilities will satisfy the present capacity and coverage needs that motivated Verizon Wireless to establish a search ring in this vicinity. Any reduction in the proposed antenna configuration and/or equipment would also limit optimal performance of the site, which would substantially limit each site's effectiveness. 18. Verizon Wireless certifies that the proposed facilities will not cause interference to any lawfully operating emergency communication system,television,telephone, or radio in the surrounding area. The FCC has licensed Verizon Wireless to transmit and receive in the Upper C Block of the 700 MHz band, B Block of the Cellular (850 MHz) band, the F, C3, and C4 Blocks of the PCS (1900 MHz) band, and the A and B Blocks of the AWS (2100 MHz) band of the RF spectrum. As a condition of the FCC licenses, Verizon Wireless is prohibited from interfering with other licensed devices that are being operated in a lawful manner. Furthermore, no emergency communication system, television, telephone, or radio is licensed to operate on these frequencies, and therefore interference is highly unlikely. 3 19. Pursuant to its Federal Communications Commission (FCC) licenses, Verizon Wireless is required to ensure that all radio equipment operating at the proposed communications facilities and the resulting radio frequency exposure levels are compliant with FCC requirements as well as federal and state health and safety standards. 20. Providing wireless communication services is a benefit to the residents of the Town of Lexington, as well as to mobile customers traveling throughout the area. T he proposed facilities are well suited to meet Verizon Wireless' network requirements for the intended areas. The absence of a wireless telecommunications facility at or near these immediate locations will result in the continued existence of inadequate network capacity and coverage gaps in this area. Without the proposed facilities, Verizon Wireless will be unable to provide reliable wireless communication services in this area of the Town of Lexington; therefore, Verizon Wireless respectfully requests that the Town of Lexington act favorably upon the proposed facilities. Signed and sworn under the pains and penalties of perjury July 1 P , 2016. 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J N �� ❑M� %// a ❑//// 1, �% �� ❑ � .,; G1////%%///!!/%%fill!!/ ❑ J� � � DONALD L. HAES, JR., PH.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration 465-0017 PO Box 198,Hampstead,NH 03841 603-303-9959 Email:donald haes chp@myfairpoint.net June 28, 2016 RE: Proposed installations of radio base station antennas and associated equipment for the Verizon Wireless Small Cell Personal Wireless Services facilities to be located on the top of 10 different utility poles in Lexington, MA. PURPOSE I have reviewed the information pertinent to the Verizon Wireless proposed installation of a total of 10 small cell (SC) personal wireless services (PWS) facilities at 10 different locations within Lexington, MA. To determine regulatory compliance, theoretical calculations of maximal radio-frequency (RF) fields have been prepared for each site. The physical conditions are that Verizon Wireless proposes to install PWS omni-directional canister type antennas on the top of 10 different existing utility poles; four (4) of which are MASS DOT poles, while the remaining six (6) are Town of Lexington right of way (ROW) poles. The antenna arrangement will include a single canister antenna on the top of existing utility pole and remote radio head (RRH). The mounting centerline heights of the antennas vary according to the height of the individual pole. This report provides written proof that the proposed facilities would comply with the FCC RF exposure guidelines, and § 6.4.11 (5) of the Special Permit Criteria for the town of Lexington! This report considers the contributions of the Verizon Wireless PWS transmitters operating at their proposed capacity. The calculated values of RF fields are presented as a percent of current Maximum Permissible Exposures (%MPE) as adopted by the Federal Communications Commission (FCC),"°"' and those established by the Massachusetts Department of Public Health (MDPH).` SUMMARY Theoretical RF field calculations data indicate the summation of the proposed Verizon Wireless RF contributions would be well within the established RF exposure guidelines at each proposed site; see Figures 3a—3j. These results indicate there could be more similar installations at these locations, and still be within Federal and State guidelines for RF exposure. This report provides written proof that the proposed facilities would comply with the FCC RF exposure guidelines, including residential areas and in the surrounding neighborhoods. Based on the theoretical RF fields I have calculated, it is my expert opinion that these facilities would comply with all regulatory guidelines for RF exposure to members of the public. The antenna installations proposed by Verizon Wireless would not produce significant changes to the ambient RF environment. Page 1 1 of 16 \lorkaAContrnllkd.Yreas Cen.eral Populationll;ncnntrollQd.lrsss 1444.4 144A m 14A v a 1A 4.1 4.4 4 3 34 344 3,444 34,444 Frequeuey(AlHz) Figure 1: FCC Limits for Maximum Permissible Exposure (MPE) EXPOSURE LIMITS AND GUIDELINES The RF exposure guidelines adopted by the FCC are a combination of the standards published by the American National Standards Institute (ANSI) " and the National Council on Radiation Protection and Measurement (NCRP). " Also applicable are those published by the MDPH. The RF exposure guidelines are divided into two categories: "Controlled/Occupational areas" (those areas restricted to access by RF workers only) and "Uncontrolled/Public Areas" (those areas unrestricted for public access). Listed in Table 1 below and shown in Figure 1 above are the applicable RF exposure guidelines for uncontrolled areas as they pertain to the operating frequency band of the PWS facility. Table 1: Maximum Permissible Exposure Values for Uncontrolled/Public Areas Frequency Band: Maximum Permissible Exposure: 300 - 1500 MHz f/ 1.5 in µW/cm2 1500 - 100,000 MHz 1000 µW/cm2 Note: 1 µW = 0.000001 Watt * For equivalent plane-wave power density, where f is the frequency in MHz (106 Hz). Page 1 2 of 16 THEORETICAL RF FIELD CALCULATIONS - GROUND LEVELS METHODOLOGY These calculations are based on what are called "worst-case" estimates. That is, the estimates assume 100%use of all transmitters simultaneously. Additionally,the calculations make the assumption that the surrounding area is a flat plane. The resultant values are thus conservative in that they over predict actual resultant power densities. The calculations are based on the following information for VERIZON WIRELESS: 1. Effective Radiated Power(ERP): See Table 2 inventory. 2. Antenna height(centerline, above ground level (AGL) See Table 2 inventory. 3. Antenna vertical radiation patterns; the source of the negative gain (G) values. "Omni directional" antennas are designed to focus the RF signal, resulting in "patterns" of signal loss and gain. These patterns (see APPENDIX A) display the loss of signal strength relative to the direction of propagation due to elevation angle changes. Note: G is a unitless factor usually expressed in decibels (dB); where G = 10 (dB/10). For example: for an antenna gain of 3 dB, the net factor(G) = 10 (3/10) =2 For an antenna loss of-3 dB, the net factor(G) = 10 (-3ii°) = 0.5. To determine the magnitude of the RF field, the power density (S) from an isotropic RF source is calculated, making use of the power density formula as outlined in FCC's OET Bulletin 65, Edition 97-01: °" S = P • G Where: P Power to antenna(watts) 4 • 7r • RI G Gain of antenna R Distance (range) from antenna source to point of intersection with the ground(feet) R2 _ (Height) + (Horizontal distance) Since: P - G = EIRP (Effective Isotropic Radiated Power) for broadcast antennas, the equation can be presented in the following form: S = EIRP 4 • n • RI In the situation of off-axis power density calculations, apply the negative elevation gain (G E)value from the vertical radiation patterns with the following formula: S = EIRP G E 4 n R2 Page 1 3 of 16 Ground reflections may add in-phase with the direct wave, and essentially double the electric field intensity. Because power density is proportional to the square of the electric field,the power density may quadruple, that is, increase by a factor of four(4). Since ERP is routinely used, it is necessary to convert ERP into EIRP; this is readily done by multiplying the ERP by the factor of 1.64, which is the gain of a half-wave dipole relative to an isotropic radiator. Therefore, downrange power density estimates can be calculated by using the formula: S = 4 • (ERP 1.64) • G E = ERP • 1.64 • G E = 0.522 • ERP • G E 4 • n R2 n • R2 R2 To calculate the % MPE, use the formula: % MPE = S 100 MPE OBSERVATIONS IN CONSIDERATION WITH FCC RULES §1.1307(B) & §1.1310 Is it physically possible to stand next to or touch any omni-directional antenna? No, access to the utility poles is restricted, and the utility companies will adhere to RF safety guidelines regarding potential access to the proposed PWS antennas mounted on the poles. Page 1 4 of 16 ANTENNA INSTALLATION LOCATIONS The location of each proposed utility pole which would host a Verizon Wireless SC antenna is shown below in Figures 2a and 2b for the MASS DOT Poles, and the Town of Lexington ROW poles, respectively. YkM 5Y'a14'Y YLtl::45 iW 3 �� xr. ¢rcrrai �a Figure 2a: Location of Each of Four (4) Proposed Utility Poles Which Would Host a Verizon Wireless SC Antenna within Lexington, MA on MASS DOT Poles. v GC0.A jwli'gli���;f !; !E ; il1 9)i mm;4arc: Y nr mrv, xssp IvTtl x'z Y FwCYIY Prd 4DD b Figure 2b: Location of Each of Six (6) Proposed Utility Poles Which Would Host a Verizon Wireless SC Antenna within Lexington, MA on Town of Lexington ROW Poles. Page 1 5 of 16 ANTENNA INVENTORIES Table 2: Proposed Verizon Wireless Antenna Inventory Utility Poles in Lexington, MA Parameters: 297 watts ERP* of PCS @ 1900 MHz; 357 watts ERP* of AWS @ 2150 MHz Site Name Latitude Antenna Centerline Antenna Model Longitude (AGL) MASS DOT POLES "LEXINGTON_S_MA SC20 42.424783 U/P 9433/2—99 HAYDEN -71.249728 3516" NH360QM-DG-2XR AVENUE" "LEXINGTON_S_MA SC11 42.422808 U/P 9433 35— 33 HAYDEN -71.23475 2117" NH360QM-DG-2XR AVENUE" "LEXINGTON_MA_SC07 42.435697 U/P 9VZ-57A—342 MARRETT -71.235894 29110" NH360QM-DG-2XR ROAD" "LEXINGTON_MA_SCO8 42.433969 U/P 9VZ-29— 173 MARRETT -71.224008 2316" NH360QM-DG-2XR ROAD" TOWN RIGHT OF WAY POLES "LEXINGTON MA SCO1 42.446064 U/P 9N/A— WOBURN STREET -71.219192 34110" NH360QM-DG-2XR if LEXINGTON_MA_SC03 42.441408 3419" NH360QM-DG-2XR U/P 92—4 BASKIN ROAD" -71.234467 "LEXINGTON MA SC04 42.437892 U/P 977-13,64—20 PELHAM -71.218183 2114" NH360QM-DG-2XR ROAD" "LEXINGTON_MA_SC05 42.434892 U/P 961-0— 1083 -71.210169 2911" NH360QM-DG-2XR MASSACHUSETTS AVENUE" LEXINGTON MA SC06 42.427631 3711" NH360QM-DG-2XR U/P 90— 3 ALLEN STREET" -71.230706 "LEXINGTON MA SC10 42.416317 U/P 9317/1 —225 CONCORD -71.221208 35110" NH360QM-DG-2XR AVENUE" Information relevant to the antennas proposed by Verizon Wireless on file. Table Notes: AWS: Advanced Wireless Services * ERP = Power out per channel (CH) X 9 channels per remote radio head (RRH) X 9RRHs X gain the antenna provides within that frequency band. Page 1 6 of 16 RESULTS The results of the percent Maximum Permissible Exposure (%MPE) calculations for the summation of the proposed Verizon Wireless contributions are depicted Figures 3a—3j as plotted against linear distance from the base of each utility pole. The values have been calculated for a height of six feet above ground level in accordance with regulatory rationale. In addition to the six-foot height, and depicted on the graphs for reference only, values have been plotted for a height of 16 feet above ground level for comparison with a typical two-story structure. A logarithmic scale was used to plot the calculated theoretical %MPE values in order to compare with the MPE of 100%, which is so much larger that it would be off the page in a linear plot. The curves in the figures resemble a straight-line on the log-linear plots at distances beyond about five hundred feet. Within that distance, the curves are variable due to the application of the vertical radiation patterns. Page 1 7 of 16 MASS DOT POLES m n 16'.AGL b".AGL ,,,,,,,,,,,—Ain 100.00 10.00 0/6 MPE 1.00°to- 0.d5 4 .................... 0.10% 'd..� ................0 0 500 1000 1500 2000 2500 3000 Distance from Base[feet] Figure 3a: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON S MA SC20" mm. ..16'AGL —b"AGL —APE 100.00 aIL.` 2NII 10.00 1/a MPE 1 1 1 roE 1.00 0.10 0 500 1000 1500 2000 2500 3000 Distance from Base[feed] Figure 3b: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON S MA SC11" Page 8 of 16 —m�n W AGL 6'AGL —.MIT 100.00 10.00 .................... 0/6 MPE � 1 0�.37 f 1.00°to- � 1 0.01 0 500 1000 1500 2000 2500 3000 Distancelrom Base[feet] Figure 3c: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SC07" 16'AGL —6'AGL 100.00 .................... 10.00°to- „.. ..................0 Po 1 24IPE 1 1.bl.'°v. 1.00°to- � 0.10 0.01 0 500 1000 1500 2000 2500 3000 Distancelrom Base[feet] Figure 3d: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SCO8" Page 9 of 16 TOWN of LEXINGTON RIGHT OF WAY POLES mm. ..16'AGL 6"AGt. ACE 100.00 10.00 1/6 MPE 1.00% 11' 1, 1 0.10 0.01 0 500 1000 1500 2000 2500 3000 Distance from Base,[feed] Figure 3e: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SCO1" • •m16 AGL -6'AGL -TM.'8E 100.00% 10.00% 1/6 MPL 1.00% 11' 0.60,a 1 �r 0.10% 0.01% 0 500 1000 1500 2000 2500 3000 Distance from Base[feet] Figure 3f: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SC03" Page 10 of 16 —m�n W.AGL b".AGL —.MIT 100.00 gym" o................... 10.00 1 1 �r Diu MPE 1 Ze10'9 1.00°to- , 0.10 0.01 0 500 1000 1500 2000 2500 3000 Distance from Base[feet] Figure 3g: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SC04" mm. ..16'AGL —b"AGT. ACE 100.00 10.00 ry„-7"",,11 4/a MPE 1 U1 1.00% 1 0.01 0 500 1000 1500 2000 2500 3000 Distance from Base:[feed] Figure 3h: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SC05" Page 11 of 16 16'AGL 6"AGL 100.00 10.00°to- ................... 0/6 AIPE -717 1.00°to- V 0.10 0.01 0 500 1000 1500 2000 2500 3000 Distance from Base[feet] Figure 3i: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SC06" 16"AGL 6"AGL --NJPE 100.00 10.00°to- .................... 0/6 AIPE 1.00°P a � SIP' 0.10°to- 0.01 0 Soo 1000 1500 2000 2500 3000 Distance from Base[feet] Figure 3j: Theoretical RF field calculations for the summation of the proposed Verizon Wireless Small Cell Antenna Site "LEXINGTON MA SC10" Page 12 of 16 CONCLUSION Theoretical RF field calculations data indicate the summation of the proposed Verizon Wireless RF contributions would be well within the established RF exposure guidelines at each proposed site; see Figures 3a— 3j. These results indicate there could be even more similar installations at these locations, and still be within Federal and State guidelines for RF exposure. This report provides written proof that the proposed facilities would comply with the FCC RF exposure guidelines, including residential areas and in the surrounding neighborhoods. The number and duration of calls passing through PWS facilities cannot be accurately predicted. Thus, in order to estimate the highest RF fields possible from operation of these installations,the maximal amount of usage was considered. Even in this so-called "worst-case", the resultant increase in RF field levels are far below established levels considered safe. Based on the theoretical RF fields I have calculated, it is my expert opinion that these facilities would comply with all regulatory guidelines for RF exposure to members of the public. The antenna installations proposed by Verizon Wireless would not produce significant changes to the ambient RF environment. Feel free to contact me if you have any questions. Sincerely, Donald L. Ilaes, Jr., &D Cerra ed Health Physicist Note:The analyses,conclusions and professional opinions are based upon the precise parameters and conditions of these particular sites;Utility poles within Lexington,MA.Utilization of these analyses,conclusions and professional opinions for any personal wireless services installation,existing or proposed,other than the aforementioned has not been sanctioned by the author,and therefore should not be accepted as evidence of regulatory compliance. Page 1 13 of 16 APPENDIX A 71...... """"." ,.. "" s I mulu "q +JJ """ m IIIII " u �i � i ul i" IaW w � � mm mm � hill �� o muM u u r �i r u id .. ,r �. n u R ulll d ® �� u - "6 "I. 6.i u r r Composite Vertical Radiation Patterns for Proposed Small Cell Omni Antennas For Specific Verizon Wireless Proposed PWS PCS &AWS Frequencies Page 1 14 of 16 DONALD L. HAES, JR., PH.D., CHP Radiation Safety Specialist MA Radiation Control Program Health Physics Services Provider Registration 465-0017 PO Box 198,Hampstead,NH 03841 603-303-9959 Email:donald haes chp@myfairpoint.net STATEMENT OF CERTIFICATION 1. I certify to the best of my knowledge and belief, the statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are personal, unbiased professional analyses, opinions and conclusions. 3. I have no present or prospective interest in the property that is the subject of this report and I have no personal interest or bias with respect to the parties involved. 4. My compensation is not contingent upon the reporting of a predetermined energy level or direction in energy level that favors the cause of the client, the amount of energy level estimate, the attainment of a stipulated result, or the occurrence of a subsequent event. 5. This assignment was not based on a requested minimum environmental energy level or specific power density. 6. My compensation is not contingent on an action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 7. The consultant has accepted this assessment assignment having the knowledge and experience necessary to complete the assignment competently. 8. My analyses, opinions, and conclusions were developed and this report has been prepared, in conformity with the American Board of Health Physics (ABHP) statements of standards of professional responsibility for Certified Health Physicists. Date: June 28, 2016 Donald L. Haes, Jr., .D Certified Health Physicist Page 15 of 16 ENDNOTES '. SECTION 135-6.0, SPECIAL REGULATIONS 6.4, WIRELESS COMMUNICATION FACILITIES 6.4, WIRELESS COMMUNICATION FACILITIES 6.4.11 Special Permit Criteria. A special permit shall be granted under this section only if the SPGA shall find that the project is in harmony with the general purpose and intent of this section and the SPGA's regulations. In addition, the SPGA shall make the findings required by § 9.4 and the following additional findings: 1. That the applicant is not already providing adequate coverage or is unable to maintain adequate coverage without the special permit; 2. That the applicant is not able to use existing facility sites either with or without the use of repeaters to provide adequate coverage; 3. That the proposed wireless service facility minimizes any adverse impact on historic resources, scenic views, residential property values, and natural or man-made resources; 4. That the applicant has agreed to implement all reasonable measures to mitigate the potential adverse impacts of the facilities; 5. That the facility shall comply with the appropriate FCC regulations regarding emissions of electromagnetic radiation and that the required monitoring program is in place and shall be paid for by the applicant; and 6. That the applicant has agreed to rent or lease available space on any tower it controls within Lexington or its contiguous towns, under the terms of a fair market lease, without discrimination to other wireless service providers. Federal Register, Federal Communications Commission Rules; Radiofrequency radiation; environmental effects evaluation guidelines Volume 1, No. 153, 41006-41199, August 7, 1996. (47 CFR Part 1; Federal Communications Commission). "' Telecommunications Act of 1996, 47 USC; Second Session of the 1041h Congress of the United States of America, January 3, 1996. '° 105 CMR 122.000: Massachusetts Department of Public Health, Non-Ionizing Radiation Limits for: The General Public from Non-Occupational Exposure to Electromagnetic Fields, Employees from Occupational Exposure to Electromagnetic Fields, and Exposure from Microwave Ovens. v. ANSFIEEE C95.1-1999: American National Standard, Safety levels with respect to human exposure to radio frequency electromagnetic fields,from 3 KHz to 300 GHz (Updated in 2010). °' National Council on Radiation Protection and Measurements (NCRP);Biological Effects and Exposure Criteria for Radiofrequency Electromagnetic Fields, NCRP Report 86, 1986. °" OET Bulletin 65: Federal Communications Commission Office of Engineering and Technology, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields; Edition 97-01, August 1999. Page 1 16 of 16 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Appointment of Election Officers (5 min) PRESENTER: ITEM NUMBER: Michelle Ciccolo 1.2 SUMMARY: Attached is a request from the Town Clerk to appoint Election Officers for the period beginning September 1, 2016. SUGGESTED MOTION: Motion to appoint Election Officers as presented in a memo from the Town Clerk dated June 24, 2016 for the period beginning September 1, 2016. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:15 PM ATTACHMENTS: Description Type D Mom)kite m 6w n Clerk ("'over Mom) D C s;t M'C'wnufidatos Cdrirfk}nC,ohitnxmi:t ("'over Mom) ,OVS MOghr O� 1775 �G a ° v 2 ' V APRIL Ir 1 FX l N 6'YOt� Town of Lexington Town Clerk's Office Board of Registrars Tel: (781) 862-0500 x4558 Gordon M. Jones III, Chair Fax: (781) 861-2754 Jean H. Barrett Judith E. Moore Nathalie L. Rice, Clerk MEMORANDUM TO: Michelle Ciccolo, Board of Selectmen FROM: Nadie Rice, Clerk, Board of Registrars DATE: July 25, 2016 RE: Selectmen appointment of 2016-2017 Election Officers Our Office has conducted outreach for Election Officers during the late spring and early summer and I am pleased to report that there are 190 names to put forth for appointment this year. The attached list of persons interested in serving as Election Officers for 2016-2017 is provided for appointment in accordance with MGL c. 54§12-14 governing the annual appointment of election officers by the Board of Selectmen. The Board of Registrars, at its meeting of June 24, 2016,reviewed the names of those registered voters expressing an interest in serving as Election Officers and unanimously voted to recommend to the Board of Selectmen the persons listed on the attached reports (dated June 23, 2016)for appointment. This listing of the 190 registered voters includes 15 "Republican", 69 "Democrat", and 106"Unenrolled"registered voters. Accordingly, the Board of Registrars requests the Board of Selectmen vote to appoint as Election Officers, for the period beginning September 1, 2016 the persons listed on the attached pages. VOTER REGISTRATION&ELECTION OFFICER SUMMARY 2011-2016 Year Total DEM REP UNR Total DEM REP UNR Voters Workers 2016 21489 8,121 1,935 11,346 190 69 15 106 2015 20,888 7,934 1,957 10,942 169 51 14 104 2014 21,317 8,144 2,058 11,051 170 52 14 104 2013 1 21,519 8,227 2,143 1 11,308 179 53 15 111 2012 21,520 8,415 2,213 10,818 196 67 16 113 2011 21,293 8,419 2,215 10,585 179 65 14 100 Should additional information be helpful,please do not hesitate to contact me. Th`7ank you very much. Enc. Election Officer Candidates -2016 cc: Board of Registrars Diana Chabot,Acting Executive Clerk for the Board of Selectmen 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 Election Officer Candidates -2016 Last Name First Name MI Str # Street Party Aarens Mimi 314 Bedford St DEM Adler Joel A. 22 Village Cir UNR Afshartous S. Bijan 5 Green Lane DEM Aker Beverly F. 242 Lincoln St UNR Allen Robyn C. 5 White Terr DEM Alyn Susan J. 6214 Lexington Ridge Dr DEM Amar Mabel 119 Simonds Rd DEM Ament-Bergey Shirley 29 Greenwood St DEM Anderson Ann Thacher 40 Moon Hill Rd DEM Andrellos Joanne V. 36 Saddle Club Rd REP Aronson Jane Waldman 11 Lawrence Ln DEM Bailey Josephine M 1475 Massachusetts Ave UNR Bair Richard J. 18 Redcoat Ln DEM Baker Marsha E. 46 Burlington St DEM Barbieri Edith 161 North St UNR Barg Doris V. 30 Dexter Rd UNR Barrett William J. 25 Pearl St REP Barry Marion E. 10 Crescent Hill Ave DEM Battell Teresa A. 624 Waltham St DEM Battell Thomas A. 624 Waltham St UNR Bennani Maureen 250 Marrett Rd DEM Berman Samuel 1010 Waltham St DEM Best Roberta Kinnear 48 Golden Ave. DEM Bettencourt Elinor A. 2 Tewksbury St UNR Biglow Diane M. 15 Bellflower St UNR Bohn Mara D. 1475 Massachusetts Ave DEM Bolduc Dorothy J. 89 Spring St UNR Boucher Robert 252 Lincoln St UNR Brandwein-Fryar Jill E. 1 Malt Ln DEM Burnell George A. 4 Eaton Rd UNR Friday,June 24,2016 Page 1 of 7 Last Name First Name MI Str # Street Party Burnell Mary 4 Eaton Rd UNR Burns Arline A. 37 Cliffe Ave UNR Burns Kathleen Adley 1 Leroy Rd UNR Burns Maureen T. 83 Bedford St UNR Burwell Cristina R. 6 Albemarle Ave DEM Cabrera Mariapilar Garcia 75 Woburn St DEM Canter Ann S. 33 Forest St UNR Caton Suzanne B. 6 Fifer Ln DEM Cerulli Jeanette O. 249 Lowell St DEM Chen Gang 24 Bellflower St UNR Cohen Linda R. 33 Forest St UNR Conceison Anne Louise 26 Bernard St UNR Conway L. Susan 29 Woodland Rd UNR Cooper Constance BF 30 Greenwood St DEM Cooper Judy R. 10 Sheridan St DEM Costello Patricia Elen 9 Preston Rd UNR Counts-Klebe Margaret L. 8 Hancock Ave DEM Cullinane Gertrude Faye 14 Springdale Rd UNR Curran Gloria 30 Hilltop Ave UNR Cutler Brian Todd 7 Carville Ave DEM Daniels Carol H. 14 Judges Rd UNR Devenney Maria F. 199 Bedford St UNR Diamond Ann R. 41 Potter Pond UNR Dixon Linda J. 70 Fifer Ln UNR Dreyer Sheilah F. 5 Cary Ave UNR Duffy Jean 46 Spring St UNR Dunn Anne Mary 48 Grapevine Ave UNR Edwards Francine C. 96 Outlook Dr UNR Eisenberg George O. 54 Gleason Rd UNR Eisenberg Marda G. 54 Gleason Rd UNR Farrington Harry Burgess 20 Fairland St UNR Friday,June 24,2016 Page 2 of 7 Last Name First Name MI Str # Street Party Farris Donnalee A. 158 Maple St UNR Fenollosa Marilyn M. 10 Marshall Rd DEM Fenollosa Michael K. 10 Marshall Rd DEM Fenske Faith W. 20 Lois Ln UNR Flynn Carol A. 3 Minute Man Ln UNR Flynn Winston E. 32 Watertown St UNR Folger Susan Corkum 2 Myrna Rd UNR Forsdick Harry C. 46 Burlington St UNR Forte Adriana B. 5 Drew Ave UNR Francis Julia 34 Greenwood St. UNR Frankel Sheila 3 Kimball Rd DEM Frawley Shirley Rauson 68 Potter Pond DEM Frawley William J. 68 Potter Pond DEM Freeman Charles M. 16 Normandy Rd REP Freeman Margaret M. 16 Normandy Rd UNR Freitas Jane 10 Vynebrooke Village UNR Gao Yang 204 Woburn St UNR Gasbarro Sandra M. 4 Seaborn PI UNR Gildor Raya 26 Clarke St UNR Gillespie Mary E. 4 Fairland St DEM Goldthwait Carol A. 251 Mass. Ave. REP Golovchenko Elizabeth M. 1 Nowers Rd UNR Gorospe Rebecca Fagan 42 Carville Ave UNR Grabiner Renee 3301 Main Campus Dr DEM Graham Natalie 18 Turning Mill Rd UNR Griffin Maria P. 4 Kitson Park Dr UNR Gschwendtner Joann 1 Harrington Rd UNR Hagopian Sonya 12 Lantern Ln UNR Halverson Jane N. 2210 Massachusetts Ave UNR Hartshorn Marita B. 28 Locust Ave DEM Hartshorn Robert T. 28 Locust Ave DEM Friday,June 24,2016 Page 3 of 7 Last Name First Name MI Str # Street Party Hays Susanne W. 39 Locust Ave UNR Head Kathleen 40 Fair Oaks Dr UNR Hill Marie E. 159 Burlington St UNR Himmel Magdalena W. 66 Hancock St DEM Hubert Nancy L. 1010 Waltham St DEM Knight Mary L. 56 Emerson Gdns UNR Knudson Edgar A 656 Marrett Rd UNR Krant Jonathan 12 Emerald St DEM Lawlor Sally 39 Normandy Rd REP Levitt Linda J. 82 Grant St REP Levitt Michael J. 82 Grant St REP Lewis Jane Kenworthy 1010 Waltham St UNR Loewenberg Joan S. 40 Oak St DEM Lowther Janet L. 25 Woodpark Cir REP Lund Donald Peter 20 Hancock St REP Marcucci Angela G. 4 Elena Rd UNR Marinaro Susan 33 Forest St DEM Marquis Lorain A. 62 Valley Rd UNR Marshall Pamela J. 38 Dexter Rd DEM Martin Claire M. 59 Locust Ave UNR Mason Robert F. 33 Robinson Rd UNR Mason Sheryl T. 33 Robinson Rd UNR McAlduff Eileen G. 15 Theresa Ave UNR McDonough Janice R. 53 Emerson Gardens DEM McGrath Gerald E. 50 Waltham St UNR McLaughlin Elizabeth C. 5 April Ln UNR Mello Judith A. 29 Hayward Ave UNR Menashi Wilson P. 1475 Massachusetts Ave DEM Miller Julie Ann 4 Lois Ln UNR Mix Barbara M. 153 Grove St REP Montagna Anthony P. 400 Massachusetts Ave UNR Friday,June 24,2016 Page 4 of 7 Last Name First Name MI Str # Street Party Mula Louis P. 656 Marrett Rd UNR O'Neill Anne B. 1475 Massachusetts Ave UNR O'Sullivan Katherine S. 12 Aerial St UNR Ouellette Margaret 23 Tucker Ave. DEM Parker Lucille M. 262 Massachusetts Ave UNR Pemberton Doris M. 140 Maple St UNR Pemberton Richard L. 140 Maple St UNR Perrotta Barbara L. 3 William Roger Greeley UNR Petner Josephine D. 30 Taft Ave DEM Pierce Alice M. 1010 Waltham St DEM Pollack Betsy S. 410 Marrett Rd DEM Potter Frances D. 1010 Waltham St 4352 DEM Prensky Simon 222 Lincoln St DEM Price Charles H. 52 North St UNR Puopolo Evangeline K. 35 Prospect Hill Rd UNR Puskarevic Marko N. 6131 Lexington Ridge Dr UNR Quinlan Elaine J. 3 Captain Parker Arms UNR Quinn Margaret M. 58 Paul Revere Rd DEM Rao Jyoti 60 Allen St DEM Riccio William A. 4 Elena Rd UNR Roberts Marie E. 1010 Waltham St DEM Rockwell Susan R. 366 Lowell St UNR Romero Loyde H. 5 Frost Rd DEM Rooney E. Ashley 20 Hancock St UNR Rubin Amy M. 5 Howard Munroe PI UNR Sandeen Lisa Shreffler 10 Brent Rd UNR Scalise Carole Sandra 17 Battle Green Rd REP Schott-Marcell Jody M. 22 Flintlock Rd DEM Schuler Clark S. 646 Marrett Rd UNR Schuler Judith A. 646 Marrett Rd UNR Setterlund Lorraine A. 2 Circle Rd UNR Friday,June 24,2016 Page 5 of 7 Last Name First Name MI Str # Street Party Shanahan Jean D. 331 Bedford St UNR Shaw Sandra J. 51 Wachusett Dr DEM Shurtleff Martha 445 Lowell St UNR Sibert Julie Claire 30 Ingleside Rd UNR Siegel Ellan B. 3 Diamond Rd UNR Smith Eleanor 24 Grapevine Ave UNR Snell Carol S. 6 Preston Rd DEM Speicher Mary E. 11 Trotting Horse Dr DEM Sperandio Diane J. 9 Hathaway Rd REP Spillane Edwina M. 1 Winn Ave UNR Spillane Richard J. 1 Winn Ave UNR Steigerwald Jessie 143 Cedar St UNR Stieglitz Francine 3 Amherst St DEM Strauss Alan J. 67 Freemont St DEM Tauber Stephen Julius 38 Ingleside Rd DEM Taylor Thomas G. 5 Harrington Rd DEM Tec Leora 5 Rindge Ave DEM Thayer Verna C. 12 Melrose Ave UNR Torsiello Elaine Lois 47 Potter Pond REP Trudeau Jane A. 1364 Massachusetts Ave DEM Turk Bernd M. 64 Reed St REP Turner Mary Ellen 7 Bryant Rd DEM Tutko Dorothy Zaborowski 16 Smith Ave UNR Walker Janet C. 121 Concord Ave DEM Warshawer Robert D. 11 Tower Rd UNR Webster Ann S. 16 Brent Rd UNR Webster Chet Peter B. 16 Brent Rd UNR Weinberger Virginia 69 Bridge St UNR Weiss Ephraim 462 Lowell St DEM Welby Laura C. 16 Farmcrest Ave UNR Wilhoite Becky 1475 Massachusetts Ave UNR Friday,June 24,2016 Page 6 of 7 Last Name First Name MI Str # Street Party Wilhoite Charles D. 1475 Massachusetts Ave DEM Wilson David A. 5 Elliot Rd DEM Winchester Charles A. 57 Hancock St REP Wood James C. 51 Gleason Rd DEM Wood Martha C. 51 Gleason Rd DEM Friday,June 24,2016 Page 7 of 7 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign Warrant for 2016 State Primary Election(5 mins) PRESENTER: ITEM NUMBER: Suzanne Barry 1.3 SUMMARY: Attached is the September 8, 2016 State Primary Warrant for you to sign. SUGGESTED MOTION: Motion to sign the September 8, 2016 State Primary Warrant. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:20 PM ATTACHMENTS: Description Type D 20116Stato Pirinny .y W<nm nit gd rSigTMn aturo ("'over Mom) COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH WARRANT FOR 2016 STATE PRIMARY Middlesex, ss. To the Constables of the Town of Lexington GREETINGS: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of the Town of Lexington who are qualified to vote in Primaries to vote at: PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL; PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL BUILDING;PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY MEMORIAL BUILDING; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, MARIA HASTINGS SCHOOL, on THURSDAY, THE EIGHTH DAY OF SEPTEMBER,2016,from 7:00 A.M. to 8:00 P.M. for the following purpose: To cast their votes in the State Primaries for the candidates of political parties for the following offices: REPRESENTATIVE IN CONGRESS . . . . . . . . . . . . . . . . . . . . . FIFTH DISTRICT COUNCILLOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .THIRD DISTRICT SENATOR IN GENERAL COURT (precincts 1,2,4-7) . . FOURTH MIDDLESEX DISTRICT SENATOR IN GENERAL COURT (precincts 3,8,9) . . . . THIRD MIDDLESEX DISTRICT REPRESENTATIVE IN GENERAL COURT. . . . . . FIFTEENTH MIDDLESEX DISTRICT SHERIFF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MIDDLESEX COUNTY Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this day of ,2016. Selectmen of Lexington I have served the foregoing warrant by posting a printed copy thereof in the Town Office Building, 7 days at least before the time of said Primary. Michael R. Barry , 2016 Constable of Lexington AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Transfer from FY16 Salary Adjustment Account-Library Dept. (5 min.) PRESENTER: ITEM NUMBER: Rob Addelson,Assistant Town Manager for Finance 1.4 SUMMARY: In mid-June, the Finance Department projected the personal services budgets of all departments and identified two whose budgets were projected to be in deficit at year end and therefore were candidates for transfers from the FY16 Salary Adjustment Account. The projected deficits were due to collective bargaining agreements that was finalized after the FY16 budget was approved by Town Meeting and other compensation that was not provided for in the FY16 budget. At the Board of Selectmen's meeting on June 27, 2016, the Finance Department recommended and the Board approved Salary Adjustment Account transfers of$25,000 to the Town Manager's Office and $550,000 to the Police Department. While Salary Adjustment Account transfers do not require the approval of the Appropriation Committee, it has been the practice to present them to the Committee for its review and a supporting vote. The Committee voted to support these transfers at its meeting of July 14, 2016. Subsequent to June 26, 2016, the projection of Library spending for personal services was revised indicating that the budget would end in deficit due to a collective bargaining agreement that was finalized after the FY16 budget was approved by Town Meeting and other compensation that was not provided for in the FY16 budget. As a consequence, the Board is being asked to approve a transfer of$16,000 from the FY16 Salary Adjustment Account to cover. The Appropriation Committee voted to support this transfer at its meeting of July 14, 2016. SUGGESTED MOTION: Move to approve a$16,000 Salary Adjustment Account transfer to the Library Department. FOLLOW-UP: Comptroller's Office will process. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:25 PM AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Endorse & Sign Letter for Human Rights Committee (5 mins) PRESENTER: ITEM NUMBER: Sean Osborne, Chairman Human Rights Committee 1.5 SUMMARY: In response to some recent hate graffiti in the community, the Lexington Human Rights Committee through its chair, Sean Osborne, is requesting the Board of Selectmen to co-sign the attached letter to the Lexington Community. SUGGESTED MOTION: Motion to authorize the Chairman to sign the attached letter to the Lexington Community as proposed by the Lexington Human Rights Committee. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:30 PM ATTACHMENTS: Description Type D Drafl Qa itti hicidenr:t ("'over Mom) Enbin of lexiugtaon, f a55acbu5ett5 Ok7i' OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY NORMAN P.COHEN JOSEPH N.PATO TEL: (781)698-4580 MICHELLE L.CICCOLO FAX: (781)863-9468 July 25, 2016 Dear Members of the Lexington Community, On July 7, our community experienced two incidents of hate. The hate fueled graffiti left on a fence at the Harrington School and on benches near the Countryside Complex targeted Jews and Blacks. This graffiti is an attack on the core beliefs of our community. The Board of Selectmen stand with the Lexington Human Rights Committee in solidarity with those who have been a victim of racism or anti-Semitism. We are deeply troubled by these recent incidents. We condemn them and ask each of you to join us in the continuing struggle to free our community of hatred, bigotry, intolerance and disrespect. The Board and the Committee commend the staff at the school and housing authority for quickly removing the offensive graffiti and for reporting the incidents to the Lexington Police. The Lexington Police Department works with the Human Rights Committee to investigate and resolve hate incidents. We ask for your help in resolving these ongoing investigations. Everyone in our community deserves to live and work in a safe and secure environment where hateful acts are not tolerated. Please continue to report any bias incidents or civil rights violations to the police department (781-862-1212)or the Lexington Human Rights Committee (humanrightscmteglexin onma.gov). The Human Rights Committee welcomes your assistance in planning and implementing responses to incidents antithetical to the core values of Lexington. The next scheduled committee meeting is at 8 a.m. on September 9 at the Community Center. Suzanne E. Barry, Chairman Sean D. Osborne, Chairman Lexington Board of Selectmen Lexington Human Rights Committee 1625 MASSACHUSETTS AVENUE LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Lef'armAnnual Update (10 mins) PRESENTER: ITEM NUMBER: Alison Guerette, Carolyn Goldstein, Sue Schiffer, LexFarm 1.6 SUMMARY: Alison Guerette, Carolyn Goldstein and Sue Schiffer of LexFarm will be at the meeting to present the annual update and report from LexFarm. SUGGESTED MOTION: None FOLLOW-UP: None DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:35 PM ATTACHMENTS: Description Type D 1aWx ssnan V°dktnrgTM Points, ("'over mo nu) Cl xVssnan Q'na.r arnrtsvtra>nr. Presentation Cl Backup Matorinl Lexington Community Farm Report to the Lexington Board of Selectmen . k July 25,2016 6 I. 2015 Review A. Farming 1. Farm operated by employee Tim Hines (and seasonal staff) 2. Cover cropping to address conversion from conventional to organic practice and increase long-term productivity of the soil. 3. 20 week CSA, 180 shares sold: produce from Picadilly Farm in NH and pick-your-own grown in Lexington 4. Flower shares 5. Farm stand (operated by seasonal farm stand manager) offered seedlings, produce from fields, and other local farms and products B. Community Programming 1. Volunteer-led educational programs for all ages-550 total number of students in 7 programs (multiple classes per program). 2. 285 volunteers worked a total of 6,000 hours on and off the farm. 3. Volunteers helped with farm work, site improvement and maintenance, and with the running of the non-profit organization 4. Weekday farm tours,Town meeting members open house, membership potlucks 5. Special events: May Hidden Treasures, August block party and October Harvest festival C. Food Access 1. 5400 lbs. of produce donated with a value of$ 11,400— 10%of produce grown on farm 2. Donations to Lexington Food Pantry, Boston Area Gleaners, Lovin' Spoonfuls, Fresh Truck D. Site and Capital improvements 1. Water and sewer connection brought to farm (by town) 2. Large hoop house weatherization, ($5,000) 3. NRCS Energy audit recommended energy efficient improvements (federal grant) 4. Replaced oil tanks, lines, and piping in both green houses ($5,200) 5. Striped parking lot and added handicap parking sign ($300) 6. Replaced well pump ($3,000) 7. Boy Scout Eagle projects: equipment storage area, picnic tables, and site clean ups E. Organization 1. 582 members 2. Harvard Business School Social Enterprise Fellows a. business analytic model b. organizational structure 3. Refined mission statement 4. Improved financial systems and retained bookkeeping service II. 2016 A. Farming 1. Hired assistant farm manager and seasonal farm and farm stand staff 2. Continue dedication to organic practices with some cover cropping 3. 10 and 20 week options for produce CSA, 200 shares sold (300 families participating) 4. Increased proportion of produce grown in Lexington vs Picadilly Farm 5. Flower shares 6. Spring seedling sale 7. Farm stand with produce from LexFarm and other local farms 8. Winter Farmer's Market (in collaboration with the Lexington Farmer's Market) B. Community Programming 1. Hired part-time Volunteer Coordinator(Adobe Foundation grant) 2. Hired part-time educator offering 10 unique programs to all ages C. Food Access 1. Continuing to donate food 2. Working again with Lexington Food Pantry, Lovin' Spoonfuls. Exploring working with Boston Area Gleaners and LexEatTogether. 3. Accepting SNAP at farm stand; working to raise visibility of this program D. Site and Capital improvements 1. Bathroom design and planning (Carl Oldenburg) 2. Burying power line from farm stand to greenhouse ($1,500) 3. Painting farm stand ($800) 4. New tillage tractor(Willow Tree Fund) E. Organization 1. Strategic planning continues: consultant (Community Endowment of Lexington grant) 2. Implementing recommendations from Harvard Business Fellows 3. Developing relationships with many local organizations (Garden Club, etc.) 4. Developing corporate membership, including opportunities to volunteer on the farm. III. Getting Involved—Please visit us at the farm! 1. Attend community potluck dinners:July 27 and August 31, 5:30pm 2. Attend block party, August 13, 10—1 pm 3. Shop at farm stand;Wednesday-Friday: 3-7pm, Saturday: 9am-5pm, Sunday: 11am-4pm 4. Sign up for newsletter at lexfarm.org 5. Become a member 6. Volunteer on the farm or behind the scenes 7. 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X = Co EE' A C C',cw CX C) A C C, 1�21 CU 4-h CZ p r ' ���4~"d'41��1� 4, ra��i�W�1V�WV11"flilll� �,.4"'�!q�fMN�N�Y��Vllk"y" ���1�t��PM'Y� w 'UUiJ rr��➢��d� � , 2015 Annual Report Lexington Community Farm Is a non-profit, working farm Educating LexFarm offered volunteer-run educational connecting the community with local food and sustainable programming to a wide range of participants on and off the practices while preserving historic farmland. In 2015, Lexington farm.Adult members learned to start seedlings and compost, Community Farm Coalition (LexFarm)�s second year operating and children enjoyed playing in the dirt in the farm's Learning the farm, the organization izatlon made significant progress towards Garden and helping Tim in the fields. We partnered with our achieving this mission. neighbor SILK Fields to visit its goats and chicl(ens. On the Farm This year we grew vegetables, herbs, and flowers Our Members and Volunteers LexFarm membership continued on about half the farm's arable land and actively managed the to engage members from Lexington, Arlington, Cambridge, remainder to address the weed pressure and soil disease Somerville, and other neighboring towns, with a monthly identified in our first season. While a difficult decision, we believe newsletter, weekly farm tours, and special events. We it will improve the long-term sustainability of the farm, celebrated at monthly community potlucl(s, an August Blocl( Party, and a Harvest Festival, Volunteers returned from past Farm Manager Tim Hines joined the staff in March. Tim went years and were joined by many new volunteers, a few of whom straight to work in the greenhouse preparing for spring seedling put in full day's work on a weekly basis. Volunteers came as sales and readying for the year's record-breal(ing snow to melt so individuals and in groups to plant seeds and transplants, pull he could plant produce and cover crops in the fields. LexFarm weeds, harvest vegetables, male repairs, clean up the farm, and partnered with Picadilly Farm in Winchester, NH, to offer a GSA fill roles behind the scenes, despite reducing production. 180 GSA shareholders enjoyed marl(et-style picl(up of vegetables in the farm stand with picl(- Lexington Community Farm in 2015 by the Numbers your-own vegetables, herbs, and flowers in the fields. The farm 582 members of 339 households 4 GSA shares also sold picl(-your-own flower shares, bouquets at a stand in the 00,000 in farm stand sales ' ' ,444 produce donated town center, and produce to a few nearby restaurants. The farm stand was stocl(ed with produce and products grown on site, i' ' 4 education program participants Picadilly Farm, and other local farms and vendors. GSA members $126,302 in membership fees and donations and other visitors to the farm enjoyed getting to I(now Tim, Farm 285volunteers 000 volunteer hours Stand Manager Jaclyn Fishman,and the rest of the farm operation tears, A Look Ahead at 2016 LexFarm will hire an Assistant Farm Manager in 2016. While continuing to actively manage soil Providing Access to Healthy Food for All Community Members health and weed control, the farm team will grow food on a LexFarm donated 5,400 pounds of produce (10 percent of the larger portion of the land than in 2015. Lexington Community farm's produce, valued at $11,400) to area food pantries and Farm will offer 200 GSA shares, with a larger portion of the other organizations that help individuals and families in need. We produce grown on the farm and the remainder again provided by accepted and matched SNAP/EBT payments in the farm stand. Picadilly Farm, The farm stand will continue to offer seedlings, produce,and local products. Growing an Organization izatlon The Board of Directors grew in number and expertise,as did the organization's committees and teams for In addition, we will hire a part-time educator to develop our education,food access,development, property,and education program and increase the number and variety of communications. LexFarm began the process of strategic classes offered. LexFarm hopes to encourage volunteering on the planning,with a wort(shop leading to a restatement of the mission farm with a volunteer coordinator role,and to increase the reach and consultation with four Harvard Business School Social of its food access program, Enterprise Fellows, In 2015,we raised over$106,700 in membership fees and donations, including a generous capital LexFarm will continue to be a largely volunteer-run organization donation from the Willow Tree Fund. This support,along with supported by membership fees and donations. The Board of water and sewer connection provided by the Town in 2015,will Directors will strengthen its committees and conclude its allow LexFarm to ensure the sustainability of the farm operation, strategic planning and business planning processes, strengthen the organization,and develop its programs, Lexington Community Farm 52 Lowell Street in Lexington,MA. (7 1)325- 170) For more information, go to: www.lexfarm.org or contact office exfarm.org. I..e Ilje(:eme a member,go to: www.Ilexfaurvu i.eu" /u ieu ill eii-sIlaii / AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Busa Property (52 Lowell Street) Conservation Restriction(15 min.) PRESENTER: ITEM Carl F. Valente, Town Manager; NUMBER: Charles Lamb, Chair, Community Farming Committee 1'7 SUMMARY: Following a public comment period, the Board received two concerns regarding the draft Conservation Restriction(CR) for the Town-owned farm property located at 52 Lowell Street: • potential location of farm buildings and their proximity to residential properties; and • adding a requirement that the Selectmen will obtain approval from Town Meeting should the property not be used for farming purposes in the future. Attached is an edited version of the CR addressing these two matters. These proposed changes to the CR have been reviewed by the Community Farming Committee and recommended for adoption. SUGGESTED MOTION: Move to (accept) (accept with further edits made by the Board) the draft Conservation Restriction for the Town property at 52 Lowell Street and to forward said draft to the planned holder of the CR and to the Executive Office of Environmental Affairs for review and comment. FOLLOW-UP: Town Counsel will send CR to EOEA. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 7:45 PM ATTACHMENTS: Description Type D A nunnrdedCbnr orrvationr Rostrriationn. ("'over Mom) Busa Farm, Lowell Street, Lexington, MA Middlesex South Registry District of the Land Court as Document No. 1519938 CONSERVATION RESTRICTION I. Grantor Clause: The Town of Lexington, having an address at 1625 Massachusetts Avenue, Lexington, Massachusetts 02420 ("Grantor"), acting pursuant to Sections 31, 32 and 33 of Chapter 184 of the General Laws, hereby grants to the Massachusetts Farm Bureau Federation, a Massachusetts non-profit association having an address of , Massachusetts (the "Grantee"), in perpetuity and exclusively for conservation purposes, for consideration of one dollar ($1) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the following described Conservation Restriction on those certain parcels of land located on Lowell Street, Lexington, Massachusetts, constituting approximately acres, said parcels being shown as "2B", "3", "4" and "T' on a plan entitled "Lowell Street, Lexington, Massachusetts Assessor's Map 20/Parcel 38 Subdivision Plan of Land Approval Not Required" prepared by GCG Associates, Inc. dated Oel!l bel: ;�,)y 2�4 �71 February] 2014� filed with the Middlesex South Registry of Deeds as Plan 108 of 2015, a copy of which is attached as Exhibit A (the "Premises"). For Grantor's title, see that certain deed filed with the Middlesex South Registry District of the Land Court as Document No. 1519938. See also Order of the Land Court to Withdraw from Registration dated July 17, 2014 and filed with the Middlesex South Registry District of the Land Court as Document No. 1676321 and noted on Certificate of Title No. 245506 and recorded with said Registry of Deeds at Book 63955, Page 12. II. Purposes: This Conservation Restriction is defined in and authorized by Sections 31-33 of Chapter 184 of the Massachusetts General Laws and otherwise by law. The purpose of this Conservation Restriction is (a) to assure that the Premises will be maintained as agricultural, horticultural and farming property and/or in a scenic and open condition in perpetuity for conservation purposes and recreation purposes, and (b) to prevent any use or change that would materially impair or interfere with its agricultural, horticultural, farming conservation and preservation values. These values, all of which are in the public interest, include the following: tA;'0�: ,110232776 11} I a) The preservation of the Premises for agricultural, horticultural and farming use, including community farming, and associated educational purposes; b) The preservation of the Premises as open space and access to trails; c) The preservation of the ecological values of the Premises, including protection of water resources; d) The preservation of the scenic beauty and rural character of the Premises; e) The preservation of the archaeological, historic and cultural values of the Premises; and f) The preservation of prime agricultural soils, as preserving this soil supports, encourages and preserves agricultural and other uses that are integral to agriculture and history of the Premises and the Town of Lexington. The Premises were acquired with Community Preservation Act funding (Chapter 44B of the General Laws of Massachusetts, as amended)from the Town of Lexington and shall be maintained in perpetuity for the purposes stated in Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts and shall be fully protected by all provisions of Article 97. Therefore, in order to preserve the Premises in perpetuity as agricultural, horticultural and farming property and/or in natural, scenic, and open condition, the Grantor conveys to the Grantee a perpetual Conservation Restriction within the meaning of Chapter 184, Section 31 et sea. of the General Laws of Massachusetts, as amended. III. Prohibited Acts and Uses, Exceptions Thereto, and Permitted Uses: A. Prohibited Acts and Uses Subject to the reserved rights and exceptions set forth herein, including without limitation those set forth in Paragraph III.B, the Grantor will not perform or permit the following acts and uses which are prohibited on, above, and below the Premises: 1. Buildings, Structures, Facilities and Improvements. Constructing, placing or allowing to remain any permanent building, tennis court, landing strip, swimming pool, asphalt or concrete pavement, sign, fence, billboard or other advertising display, antenna/tower, utility pole/conduit, or other permanent structure or facility; 2. Excavating Soil, Mineral Resources, etc. Except as otherwise provided in Article III.B. herein, mining, excavating, dredging or removing soil, loam, peat, gravel, sand, rock or other tA;'0�: ,110232776 11} 2 mineral resources or natural deposits or other processes such as hydraulic fracturing that might allow mining to or from adjacent properties; 3. Dumping of Refuse and Other Materials. Placing, filling, storing or dumping soil, grass clippings, compost, yard debris or other substances on the ground or dumping or placing of refuse, trash, vehicle bodies or parts, rubbish, debris, junk, trash, solid or chemical waste or other substance or material whatsoever or the installation of underground storage tanks, except as provided in Paragraph III B.5 below for agricultural management reserved rights; 4. Cuttingof f Vegetation. Cutting, removing or otherwise destroying trees, grasses or other vegetation, except as provided in Paragraph III B.4 and 5 below; 5. Motorized Vehicles. Use, parking or storage of motorized vehicles of any kind, including but not limited to automobiles, motorcycles, mopeds, all-terrain vehicles, snowmobiles or any other motorized vehicles on the Premises, except as provided in Paragraph III.B.5(i) and 16 below; 6. Historical or Archaeological Resources. The disruption, removal, or destruction of any historical or archaeological resource, including but not limited to stone walls and granite fence posts; 7. Subdivision. Subdivision or conveyance of a part or portion of the Premises alone, or division or subdivision of the Premises (as compared to conveyance of the Premises in its entirety which shall be permitted), and no portion of the Premises may be used towards building or development requirements on this or any other parcel; 8. Commercial Recreational, Business, Residential or Industrial Uses. The use of the Premises for commercial recreation, business, residential or industrial use, excluding equestrian uses; and B. Reserved Rights and Exceptions All acts and uses not prohibited in Paragraph IILA above are permissible, provided that such acts and uses do not materially impair the purposes of this Conservation Restriction. The Grantor reserves the right to conduct or permit the following activities and uses on the Premises, but only if such uses and activities do not materially impair the purposes of this Conservation Restriction: 1. Existing Structures. Maintenance, repair, removal or replacement of any permanent or temporary structures or other improvements on the Premises as currently shown on that certain plan attached hereto as Exhibit B (the "Structure Plan"), including without limitation use of the office trailer currently on the Premises as offices for community farm operations and administration provided, however that any replacement of said permanent or temporary structures or other improvements shall be constructed a ,4��1�.��� itgh� t n i t 0Ih' Ole tAf.'0 ,110232776 11) 3 r� r 1 rre i , . on the remises in areas outside of the "Growing Fields" shown as Btiuk,14t Sitt�"" on the Structure Plan and (b) so fl'ia :I4ie � � I!!",�p � q��''4'J fir' ,," I;����� � I II fl �;TM!'' w q �!!!!N���I���",� �'''V q ��w'it�ikTM q��� �V l.,"^ ' ��.i. ..� �V q��,:'.w....�h i it� �Ua;...�h y �TM� tl'i�; fli e... 0;➢�e .'411fld41'lles �:* o0lei:: I1:11MV.... c t shall be setback at least fifteen (15) feet from the Leal boundaries of the Premises. 2. Recreational Activities. Biking, walking, hiking, horseback riding, cross-country skiing and other non-motorized outdoor recreational activities that do not materially alter the landscape and do not degrade environmental quality; 3. Educational Activities. Organized walks, educational programs, school field trips, farm tours, and other similar activities designed to promote an understanding of nature, conservation, agriculture and/or history; 4. Vegetation Mana eg ment. In accordance with generally accepted agricultural and land conservation management practices, removing of brush, selective minimal pruning and cutting to prevent, control or remove hazards, disease, insect or fire damage, and regular mowing at least once a year to prevent reforestation; and the planting of native trees and shrubs and the mowing of grass; 5. Agricultural Management. (a) clearing, mowing, and prescribed burning of vegetation; (b) The planting, maintenance, cultivation, and harvesting of crops or fruit- or nut-bearing trees, together with soil preparation, conservation, and management activities commonly associated with such agricultural uses, including the plowing of agricultural fields and the addition of soil amendments, such as lime or compost (generated on or off the Premises); (c) The raising and pasturing of livestock; (d) The use of fertilizers, pesticides, herbicides, and fungicides, provided, however, that such agricultural chemicals are registered under Commonwealth of Massachusetts regulations and are used and stored in accordance and consistent with all pertinent federal, state, and local instructions, limitations, laws, zoning, rules, and regulations; (e) The maintenance of piles of limbs, brush, manure, leaves, compost, and similar biodegradable material generated on the Premises, but not stumps, provided such piles are not placed in any wetlands and do not otherwise interfere with the conservation objectives of this Conservation Restriction (manure may not be tAf.'0 i,110232776 11) 4 stockpiled within any Protected Wetland Resource Areas, including Riverfront and wetland buffer zones); (f) The installation, maintenance, and removal of fences, including but not limited to electric fences consistent with community farming use, provided that said fences do not interfere with access to any public trails and paths on the Premises; (g) The digging or drilling and the maintenance, repair and replacement of water supply wells, together with the installation, construction, and placement of permanent underground and temporary aboveground pumps, conduits, hoses, and other equipment all as exclusively associated with agricultural irrigation on the Premises. Prior to commencing any new well, plans for the same shall be developed by the Grantor, after consultation with the Grantee, and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; (h) Marketing of agricultural products and related supplies and tools, educational materials and products; (i) Use of vehicles and other motorized equipment as necessary and convenient for the community farm and agricultural management activities contemplated herein, including but not limited to tractors, trucks, balers, spreaders and planters, and similar types of vehicles; and (j) Construction of, or addition to, stone walls and/or piles incidental to the removal of rocks from plowed areas. 6. Non-Native or Nuisance Species. The removal of non-native, nuisance or invasive species, the interplanting of native species, including but not limited to beaver management, and the control of species in a manner that minimizes damage to surrounding, non-target species and preserves water quality and scenic vistas; 7. Soil Management. Excavation and removal from the Premises of soil, gravel or other mineral resources or natural deposits (a) as may be necessary or convenient for community farming use, (b) as may be incidental to the maintenance of trails, bikeways and access roads or (c) to maintain good drainage and hydrologic functioning of the Premises, provided that (i) such activities follow generally accepted soil conservation practices, (ii) such activities do not occur within protected wetland resource areas, of if they do, the activities receive required authorizations, and (iii) disturbed areas are re-vegetated with native plant materials; and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph IKE, whose approval shall not be unreasonably withheld; 8. Wildlife Habitat Improvement. Measures designed to restore native biotic communities, or to maintain, enhance or restore wildlife, wildlife habitat, or rare or endangered species tA;'0�: ,110232776 11} 5 including but not limited to selective planting of native trees, shrubs and plant species, and avian nesting structures; and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 9. Livestock. Horse and other livestock use carried on in accordance with sound management practices (including without limitation, generally accepted water quality management standards) and uses accessory thereto, including without limitation run in sheds, riding areas, bridle paths and sight pervious (non chain-link) fencing). This right shall include, without limitation, the right to use equipment and vehicles as reasonably necessary for such purposes. 10. Archaeological Investigations. Archaeological activities, including but not limited to surveys, following submission of a Project Notification Form and its approval by the State Archaeologist/State Historic Preservation Office of the Massachusetts Historical Commission (or appropriate successor official); and only after Grantor consultation with Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 11. Sim. The erection, maintenance and replacement of signs and kiosks by the Grantor or Grantee, identifying the Grantee as the holders of the Conservation Restriction and the Grantor as the owner of the Premises, necessary for the community farming use of the Premises, and educating the public about trail access, the protected conservation values and any rules pertaining to uses of the Premises; 12. Permitted Vehicles. Use of vehicles necessary for public safety (i.e., fire, police, ambulance, other government officials) in carrying out their lawful duties and trucks and other vehicles used for activities permitted by this Conservation Restriction, including community farming use, and motorized and non-motorized vehicles to assist the mobility of handicapped persons; 13. Utilities. The construction, use, maintenance and replacement of utilities, including the installation and maintenance of town-supplied water and sewer lines, to serve all allowed uses on the Premises, including without limitation a public bathroom facility; however, the repair or replacement of existing utilities in their current locations shall require prior notice to (but not approval of) Grantee, and new construction, expansion or relocation of utilities shall require Grantor consultation with Grantee and Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 14. Allowable New Structures. In addition to the structures described above in Paragraph III.B.1, allowable new structures may also include boardwalks, temporary portable toilets, benches, temporary agriculture structures such as greenhouses or high tunnels and any structures required by federal, state and local laws and regulations; and only after Grantor consultation with tA;'0�: ,110232776 11} 6 Grantee and with the Grantee's approval as provided in Paragraph III.E, whose approval shall not be unreasonably withheld; 15. Cleanup of Oil and Hazardous Materials. Notwithstanding anything herein to the contrary, nothing in this Conservation Restriction shall restrict the right to conduct any and all reasonably necessary environmental response actions on the Premises to address the release or future release of oil or hazardous materials on the Premises, provided that such response actions are conducted in compliance with all applicable federal and state laws and regulations; 16. Parking. The construction, use, maintenance, repair, replacement and removal of driveways and parking areas of the Premises consistent with community farming use, provided that prior to any construction for new driveways or parking areas, Grantor shall provide plans for the same for approval by Grantee as provided in Paragraph M.E; 17. Trails. The marking, clearing and maintenance of public access trails and paths; and 18. Active Team Sports Recreation. (a) The uses set forth in sub araura h (b)below shall be Dermissible only ulaon satisfaction of the followinu conditions: W The existing lessee. or any successor lessee or licensee authorized by the Grantor to conduct auricultural Merations on the Premises has (a) notified the Grantor of its intent to discontinue u�gricultural use_ or(b) has abandoned such use by failing;to cultivate at least twenty erc�ent 2Q%) of the arable land on the Premises (shown on the Structure Plan as "Growing Fields",)for three(3) successive years: and ii)Followinu such discontinuance or abandonment reasonable efforts by the Grantor to release or otherwise license the Premises for auricultural use have been unsuccessful and iii)Not sooner than one (1)vear followinu such abandonment or discontinuance of auricultural use a matey vote is taken at a duly called Special or Annual Town Meeting annrovinp the use of the Premises for active recreation in accordance with sub aragra h (b)below. The use of the Premises for active recreation defined as team or school sports, and the constructing of a parking lot, swimming pool, tennis court or other improvements in connection with said use. C. Permitted Acts and Uses. All acts and uses not prohibited by subparagraphs A and B are permissible provided they do not materially impair the purposes or conservation values of this Conservation Restriction D. Governmental Permits tA;'0�: ,110232776 11} 7 The exercise of any right reserved by Grantor under Paragraph HI.B shall be in compliance with the following: (a) then current building, zoning, land use, planning and conservation bylaws, ordinances and regulations applicable to the Premises; (b) any variances or special permits applicable to the Premises; (c) the Wetlands Protection Act (Chapter 131, Section 40 of the General Laws of Massachusetts, as amended) and (d) all other applicable federal, state and local laws, rules, regulations, and permits. The inclusion of any reserved right requiring a permit from a public agency means only that the Grantor may have a right to request a permit; it does not mean that the Grantee or the Commonwealth of Massachusetts takes any position on whether such permit should be issued. E. Notice and Approval Whenever notice to or approval by Grantee is required under the provisions of Paragraphs IH.A or B, Grantor shall notify Grantee in writing not less than sixty (60) days prior to the date Grantor intends to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Grantee to make an informed judgment as to its consistency with the purposes of this Conservation Restriction. Where Grantee's approval is required, the Grantee shall grant or withhold approval in writing within sixty (60) days of receipt of Grantor's request. Grantee's approval shall not be unreasonably withheld, but shall only be granted upon a showing that the proposed activity shall not materially impair the purposes of this Conservation Restriction. Failure of Grantee to respond in writing with a collective response in 60 days shall be deemed to constitute approval by Grantee of the request as submitted, so long as the request sets forth the provisions of this section relating to deemed approval after 60 days in the notice. IV. LEGAL REMEDIES OF THE GRANTEE A. Legal and Injunctive Relief The rights hereby granted shall include the right to enforce this Conservation Restriction by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violations, including, without limitation, relief requiring restoration of the Premises to their condition prior to the time of the injury complained of(it being agreed that the Grantee will have no adequate remedy at law). The rights hereby granted shall be in addition to, and not in limitation of, any other rights and remedies available to the Grantee for the enforcement of this Conservation Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal means in resolving issues concerning violations provided Grantor ceases objectionable actions and Grantee determines there is no ongoing diminution of the conservation values of the Conservation Restriction. To the extent permitted by law, Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses (including reasonable counsel fees) incurred in good faith enforcement of this Conservation Restriction or in taking reasonable measures to remedy, abate or correct any violation thereof, provided, however, that Grantor shall {A;'0�: ,110232776 11} 8 not be obligated to reimburse Grantee for costs and expenses related to any such enforcement that Grantor successfully challenges as evidenced by a final, unappealed determination of a court of competent jurisdiction. B. Non-Waiver Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grantee. Any election by the Grantee as to the manner and timing of its right to enforce this Conservation Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a waiver of such rights. C. Disclaimer of Liability By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or obligation relating to the condition of the Premises pertaining to compliance with and including, but not limited to, hazardous materials, zoning, environmental laws and regulations, or acts not caused by the Grantee or its agents. D. Acts Beyond the Grantor's Control Nothing contained in this Conservation Restriction shall be construed to entitle the Grantee to bring any actions against the Grantor for any injury to or change in the Premises resulting from causes beyond the Grantor's control, including but not limited to fire, flood, storm and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Premises resulting from such causes. V. ACCESS A. Access by the Grantee The Grantor hereby grants to the Grantee, or its duly authorized agents or representatives, the right to enter the Premises upon reasonable notice and at reasonable times, for the purpose of inspecting the Premises to determine compliance with or to enforce this Conservation Restriction. The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure said violation, the right to enter the Premises for the purpose of taking any and all actions with respect to the Premises as may be reasonably necessary or appropriate to remedy or abate any violation hereof. B. Access by the Public The Grantor and the Grantee agree that the Grantor shall have the right to permit the general public access to the Premises for biking, walking, hiking, horseback riding, cross-country skiing and other non-motorized outdoor recreational activities on the established trails on the Premises, tA;'0�: ,110232776 11} 9 except during certain limited times of the year when such access would interfere with agricultural activities being conducted on the Premises, in which case limited public access must be posted on the Premises, including the dates during which such limitations or access prohibitions are in effect. The Grantor hereby reserves the right to alter the locations of established trails, provided that as so relocated, neither the conservation values of this Conservation Restriction nor access to and passage through the Premises is impaired. To the extent permitted by law, the Grantee hereby expressly disclaims any duty to maintain the Premises or warn persons who may enter upon the same. Pursuant to Chapter 21, Section 17c of the General Laws of Massachusetts, as amended, neither the Grantor nor the Grantee is liable to any member of the public for injuries to person or property sustained by such person while on the Premises in the absence of willful, wanton, or reckless conduct. VI. EXTINGUISHMENT A. Termination by Judicial Proceeding Only If circumstances arise in the future which render the purpose of this Conservation Restriction impossible to accomplish, this restriction can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction under applicable law. B. The Grantee's Property Right in the Conservation Restriction; Value Grantor and Grantee agree that the grant of this Conservation Restriction gives rise to a real property right, immediately vested in the Grantee, with a fair market value that is at least equal to the proportionate value that this Conservation Restriction, determined at the time of the gift, bears to the value of the unrestricted property at that time. Such proportionate value of the Grantee's property right shall remain constant. C. Grantee's Right to Recover Value of its Property Right If any change in conditions ever gives rise to extinguishment or other release of the Conservation Restriction under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of the Premises, shall be entitled to a portion of the proceeds equal to the proportionate value set forth in Paragraph VI.B. All reasonable and directly-related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in such proportionate value, subject, however to the requirements of any gift, grant, or funding program or applicable law which expressly provides for a different disposition of the proceeds. D. Cooperation Regarding Public Action_ tA;'0�: ,110232776 11} 10 Whenever all or any part of the Premises or any interest therein is taken by the state or federal government by public authority under power of eminent domain, then the Grantor and the Grantee shall cooperate in recovering the full value of all direct and consequential damages resulting from such action. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in shares equal to the proportionate value set forth in Paragraph VI.B. All related expenses incurred by the Grantor and the Grantee shall first be paid out of any recovered proceeds, and the remaining proceeds shall be distributed between the Grantor and Grantee in such proportionate value, subject, however to the requirements of any gift, grant, or funding program or applicable law which expressly provides for a different disposition of the proceeds E. Grantee's Use of Proceeds Grantee shall use its share of any proceeds it receives pursuant to this Section VI to support is conservation mission. VIL ASSIGNABILITY The benefits of this Conservation Restriction shall be in gross and shall not be assignable by the Grantee, except in the following instances: As a condition of any assignment, the Grantee shall require that the purpose of this Conservation Restriction continues to be carried out; and the Assignee, at the time of the assignment, is a "Qualified Organization" as defined in Section 170(h)(3) of the Internal Revenue Code of 1986, as amended, and applicable regulations thereunder, and is a donee eligible to receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts General Laws. Any assignment will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. VIIL SUBSEQUENT TRANSFERS The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Premises, including a leasehold interest, and to notify the Grantee within twenty (20) days of such transfer. Failure to do so shall not impair the validity or enforceability of this Conservation Restriction. Any transfer will comply with Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable. The Grantor shall not be liable for violations occurring after his or her ownership. Liability for any acts or omissions occurring prior to any transfer and liability for any transfer if in violation of this Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the restoration of the Premises or removal of violations caused by prior owner(s) and may be held responsible for any continuing violations. IX. ESTOPPEL CERTIFICATES tA;'0�: ,110232776 11} I I Upon a reasonable request by the Grantor, the Grantee shall, within thirty (30) days, execute and deliver to the Grantor any document, including an estoppel certificate, which certifies the Grantor's compliance with any obligation of the Grantor contained in this Conservation Restriction or otherwise evidences the status of this Conservation Restriction. X. AMENDMENT If circumstances arise under which an amendment to or modification of this Conservation Restriction would be appropriate, Grantor and Grantee may jointly amend this Conservation Restriction; provided that no amendment shall be allowed that will affect the qualification of this Conservation Restriction or the status of Grantee under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1986, as amended, or Sections 31-33 of Chapter 184 of the General Laws of Massachusetts. Any amendments to this Conservation Restriction shall occur only in exceptional circumstances. The Grantee will consider amendments only to correct an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value. All expenses of all parties in considering and/or implementing an amendment shall be borne by the persons or entity seeking the amendment. Any amendment shall be consistent with the purposes of this Conservation Restriction, shall not affect its perpetual duration, shall be approved by the Secretary of Energy and Environmental Affairs and, if applicable, shall comply with the provisions of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and any gifts, grants or funding requirements. Any amendment shall be recorded in the Middlesex South District Registry of Deeds. XI. PUBLIC USE Grantor, Grantee and their successors and assigns shall have the benefit of Section 17C of Chapter 21 of the Massachusetts General Laws with respect to any person using the Premises for recreational, conservation, scientific, educational, environmental, ecological, research, religious or charitable purposes. XII. NON-MERGER The parties intend that any future acquisition of the Premises shall not result in a merger of the Conservation Restriction into the fee. The Grantor agrees that it will not grant, and the Grantee agrees that it will not take title to, any part of the Premises without having first assigned this Conservation Restriction to ensure that merger does not occur. XIII. EFFECTIVE DATE This Conservation Restriction shall be effective when the Grantor and the Grantee have executed it, the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts General Laws have been obtained, and it has been recorded in the Middlesex South District tA;'0�: ,110232776 11} 12 Registry of Deeds. The Grantee shall record this instrument in timely manner in said Registry of Deeds. XIV. NOTICES Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage pre-paid, addressed as follows: To Grantor: Town of Lexington 1625 Massachusetts Avenue Lexington, MA 02420 Attention: Town Manager To Grantee: [ ] or to such other address as any of the above parties shall designate from time to time by written notice to the other or that is reasonably ascertainable by the parties. XV. GENERAL PROVISIONS A. Controlling Law The interpretation and performance of this Conservation Restriction shall be governed by the laws of the Commonwealth of Massachusetts. B. Liberal Construction Any general rule of construction to the contrary notwithstanding, this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose of this Conservation Restriction and the policy and purposes of Sections 31-33 of Chapter 184 of the Massachusetts General Laws. If any provision in this instrument is found to be ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that would render the provision valid shall be favored over any interpretation that would render it invalid. C. Severability If any provision of this Conservation Restriction or the application thereof to any person or circumstance is found to be invalid, the remainder of the provision of this Conservation Restriction shall not be affected thereby. D. Entire Agreement tA:'0 ,110232776 11) 13 This instrument sets forth the entire agreement of the parties with respect to this Conservation Restriction and supersedes all prior discussions, negotiations, understandings or agreements relating to the Conservation Restriction, all of which are merged herein. E. Pre-existing Public Rights Approval of this Conservation Restriction pursuant to Section 32 of Chapter 184 of the Massachusetts General Laws by any municipal officials and by the Secretary of Energy and Environmental Affairs is not to be construed as representing the existence or non-existence of any pre-existing rights of the public, if any, in and to the Premises, and any such pre-existing rights of the public, if any, are not affected by the granting of this Conservation Restriction. F. Running of the Burden The burden of this Conservation Restriction shall run with the Premises in perpetuity, and shall be enforceable against the Grantor and the successors and assigns of the Grantor holding any interest in the Premises. G. Execution of Instruments The Grantee is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Restriction. Without limiting the foregoing, the Grantor and the Grantor's successors and assigns agree themselves to execute any such instruments upon request. H. Baseline Documentation In order to establish the present condition of the Premises and the conservation values thereon that are protected by this Conservation Restriction, so as to enable the Grantee to monitor future uses of the Premises and to assure compliance with the terms hereof, Grantee has prepared an inventory of the relevant features and conditions of the Premises (the"Baseline Documentation Report'), and Grantor and Grantee agree that the same is an accurate representation of the condition of the Premises as of the date of the execution of this Conservation Restriction. Verified originals of the Baseline Documentation Report will be deposited with the Grantor and in the permanent records of the Grantee. If the originals of said Baseline Documentation Report are subsequently destroyed by casualty or other circumstance, other evidence may be offered by the parties to establish the condition of the Premises as of the date of this Conservation Restriction. No documentary stamps are required hereon because the Grantee is a municipality. [Signatures to appear on next page.] tA:'0 ,110232776 11} 14 IN WITNESS WHEREOF, the said Town of Lexington acting by and through its Board of Selectmen, in compliance with Chapter 44B of the General Laws of Massachusetts, as amended and the Town Meeting vote, an attested copy of which attached hereto as Exhibit C, has caused these presents to be signed, acknowledged and delivered on this day of TOWN OF LEXINGTON BOARD OF SELECTMEN Joseph Pato, Chairman Peter C. J. Kelley Norman P. Cohen Michelle L. Ciccolo Suzanne E. Barry COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: On this day of 20.l 52016, before me, the undersigned notary public, personally appeared as Selectmen of the Town of Lexington, proved to me through satisfactory evidence of identification which was Li government-issued document bearing the signer's photographic image and signature Li my personal knowledge of the principal's identity, to be the persons whose names are signed on the preceding document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: tA;'0�: ,110232776 11} 15 ACCEPTANCE OF The above Conservation Restriction is accepted by the [ ] as of this day of 20 152016 By: Name: Title: Hereunto duly authorized On this day of 2�4..:II..,52016 before me, the undersigned notary public, personally appeared of the proved to me through satisfactory evidence of identification which was LI government-issued document bearing the signer's photographic image and signature LI my personal knowledge of the principal's identity, to be the person whose name is signed on the preceding document, and acknowledged to me that she/he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: tA;'0�: ,110232776 11} 16 APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS COMMONWEALTH OF MASSACHUSETTS The undersigned, Secretary of Executive Office of Energy and Environmental Affairs of the Commonwealth of Massachusetts, hereby certifies that the foregoing Conservation Restriction to the Town of Lexington has been approved in the public interest pursuant to Massachusetts General Laws, Chapter 184, Section 32. Dated: 20 152016 Name: Richard K. Sullivan Jr. Secretary of Energy and Environmental Affairs COMMONWEALTH OF MASSACHUSETTS Middlesex, ss: On this day of 20.l 5 2016 before me, the undersigned notary public, personally appeared Richard K. Sullivan Jr., proved to me through satisfactory evidence of identification which was Li government-issued document bearing the signer's photographic image and signature Li my personal knowledge of the principal's identity, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Public My Commission Expires: tA;'0�: ,110232776 11} 17 Exhibit A Plan of Premises {A;'n i,G1023277611} Exhibit B Plan of Existing Structures on Premises (Al''n i,11023277611} Exhibit C Town Meeting Approval Vote {A;'n i,G1023277611} Document comparison by Workshare Compare on Tuesday, July 19, 2016 3.37.53 PM I Document 1 ID file://\\tosscloud.local\tosscloud\and0001$\newdata\Wdox\ Docs\Clients\LEX\0052\-VER\9\A0232776.DOC Description A0232776 Document 2 ID file://\\tosscloud.local\tosscloud\and0001$\newdata\Wdox\ Docs\Clients\LEX\0052\A0232776.DOC Description A0232776 Rendering set Standard Insertion T l Y Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell i iiMi : Count Insertions 18 Deletions 13 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 33 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update on Parking Management Program(30 min.) PRESENTER: ITEM Melisa Tintacolis, Economic NUMBER: Development Director, David Kucharsky, Claire Goodwin, Megan 1.8 Zammuto, SUMMARY: With the change in the Town's Parking Management program this past spring, the Board had requested a summer update on the progress of meeting the established goals of the program. SUGGESTED MOTION: NA FOLLOW-UP: Parking Management Team will continue the implementation of this program. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 8:00 PM ATTACHMENTS: Description Type D Puking M wag onnunt Presentation Presentation 1 . Lexington Center Parking Management Update July 25, 2016 Presenters: Melisa Tintocalis,Claire Goodwin,David Kucharsky&Megan Zammuto 1 Board Adopted Parking Plan - June 2014 Initial Implementation - Aug 2014 to Dec. 2015 14 New Smart Meter Technology - June 2015 Long & Short Term Strategies - Dec. 2015 7/22/2016 Approved Parking Changes in December 2015 m s, d rs MpssncRuseiigpve o �„ F� �. g Rat G� SryfR ogNS RffT MySS w F `�a w m %FfSF .yoBVRN si ooF u m kp90 3 .N`aSRRpe z 9;. SgyG e� 3 Ug M kMlyQ s T?, I • Impacts 3 1 . PP0.y^ '�ENINCrTU��� Parking Parking2. Employee Police3. 4. New Meters Data 5. Survey of Businesses Availability Goals: 10% in lots . ( on-street 2 7 22/2016 � ` � ■ e � ^ a »\ �� »■ «. 2t■ . lw . t . .$� � ' # «° 2 ■■ � ° � # � - � \# 4 \ � 4 ° y /\ f # \ « . � ��� ■ ; % ■ , � f :».�� ■ � � 3 7/22/2016 Pairlding 1�ots IMass Ave. 90% 90% 80% l��)eiDot I ot 80% ....................Vlass Ave:: 70% 70% Winthrol.) 60% [Edison 60% to Grant 50% Way I ot 50% Waltham Grant to 30% 1 ot 30% Grain Mill 20% 20% ................... ........Mass Ave::........... Grain Mill 0% 0% to Clarke ti111 Ql Ib6 'OeL b a :; 7 # Depot Lot 6% Waltham Lot 3% Edison Way Lot 7% Mass Ave: Winthrop to Grant 15% Mass Ave: Grant to Grain Mill 4% Mass Ave: Grain Mill to Clarke 7% All Center Parking 9% 4 7/22/2016 ��MOkry�N O y b D � 9 � ��XLflG2OC k 4iODD1 Ug M kMlyQ M Downtown Business Parking Sticker Participation �i110 1-3 '11I1, 3-7 7.13 13-22 i 22 35 i c , s r"maem�;nmiaaHm�° �j„ � �flR00dll{,���IUh P,n ' 5 7/22/2016 6 MOkry O y IL 14'" ��EXtNG2O��:� d A � 1 PAYG Non-Sticker Ug M kMlyQ T?, Paa� � a y yu ® ® ;w; • ® u,,,,,,i,,,uuum u i Yy�i i'i4,yl1iyy�l�iiyiyiyiy�l i'i '''Ilij '� � �� I III Ili II' Iluuilllllfifiiii I I '1 ui!u lu"' I �u �,� I�• �I u a I• a" � r I Ip e"I i �a • ; �I III, •�I II ���rwl�l�I - • a a a a - ■r"11�i "c'i' 'arl' "II � i� loi'�40-100% 0% (96% were PP) 10-19% 0% (100% were PP) 40%-100% 0% 5/o 6 1 . Police Feedback - Sticker Program • Parking is better for customers — business owners excited • Shop owners say employees aren't parking in front anymore • Less stacking in Depot Lot • Some compliance issues — Waltham Lot and others • Should continue to maintain progress achieved 13 NEW METER DATA f G ,R ` "'"q 1117131 7/22/2016 ��MOkryrN O y ��eXtNGTO�i Ili lllllllllllllli!lillllllllllll Ijljlll e % Credit Card Trans. 22% 26% 27% 26% Average Courtesy Count/Meter/Day 1.27 1.45 1.39 1.57 P40�y5 M krylyQ� • Paa� � a �FXINCrR°�., . @raa uufJr r 3� � m O ~ DEPOT PLACE N T aFFp - MASSACHUSETTSAUENUE no q ti D P— T pCKRDpD W �„ Gt� m yYK4'O¢ p ca P Replaced Meters Structures FDRg5C STREe� Parking Lots 000 Minuteman Commuter Bikeway 400 200 0 400 Feet 8 7/22/2016 Og��MOkrytN qp'.. \ 9 �eXtNG2O�. replacePolice Feedback - New Meters • Can easily broken meters • Alerts sent when meters are full • More accountability transactions decreases arguments over meter violations courtesy• Users like option 17 Ug M kMlyQ qA, Paaro� 'a , �ExtnG'sg�., IEimployee Parking IExp irienc u.ustoirtm it Parking IExp irienc III Warse IIIII Unchanged IIIIIIII1rnpr oved 119 Worse IIIII Unchanged IIIIIII Improved 9 1 . Employee Parking Experience Since March 1 , 2016 Survey Results "Customers and tourists seem to really appreciate their ability to use credit cards and not fumble for change. Comments on the changed price has truly been minimal and my sales staff is comfortable in explaining the reason for increase and directing to lots." Kathy Fields, Crafty Yankee "S o far, So good Jim Shaw, Colonial Times Magazine "I think it has been a huge improvement. I think the only critical feedback I can give is that people seem to have trouble using the meters, other than that, I think it has been a positive shift. I hear less complaints from guests during lunch time." Chris Bateman, Lexx 19 On-Going Parking Management Next Steps 20 1 . Massachusetts Avenue Monitoring Program Monitoring included: • Deployment of Police radar feedback sign to capture - Westbound vehicular volumes&speeds over a one week period • Turning Movement Counts at local intersections during peak hours �f' �� �� o'��� ���� ;'Giro✓ (vehicles,pedestrians,cyclists) sit • Parking Utilization along north-side of Massachusetts �f �' ���, �' Jr� ' , Avenue and Slocum Road during peak hours Monitoring occurred: • April 2015(prior to striping&signage removal) • July 2015 • October 2015 • January 2016 � i • April 2016 " 21 Massachusetts Avenue Monitoring Program 85TIH PERCENTILE SPEED 85TH PERCENTILE SPEED 35 34,03 BY PEAK HOUR 33 MAD 31 28 27 25 20 26 25 22 7/22/2016 4 l' 6 � wl9- �eXtNG20�. u 65Yu� r' 19 ( a I r �rry iNmliW�W�nPll'V. fi 1 imaw�iouuomu : . 1 P4d�y5 M kMlyQ� . Paa� i / a �Exinc'sg�., 12 7/22/2016 Og��MOkrytN yp'.. qu Thank you • Questions 25 13 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update on Payment-in-Lieu-of-Parking Policy (40 min.) PRESENTER: ITEM NUMBER: Melisa Tintocalis, Economic Dev. Director;Aaron Henry, Town Planner; 1.9 SUMMARY: In December 2015, staff presented to the Selectmen a draft Payment in Lieu of Parking policy. Based on the Board's comments, staff has worked to streamline and simplify the policy. The purpose of this policy is to provide property owners in the Center Business District(CBD)wishing to make building changes (e.g., new construction, additions, renovations, change in use)with an option for meeting the parking requirements in the Zoning Bylaw. This will be accomplished by establishing consistent guidelines for parking mitigation when a project in the CBD cannot meet the parking requirements of the Zoning Bylaw. Based on any further comments by the Board to this draft, it is recommended that public comments be received through September 12, 2016. In particular, comments will be solicited from Center property owners, the Planning Board and Center Committee. Based on this public feedback, the policy may be amended and will be brought back to the Selectmen at its September 26 meeting. No vote on this item is requested at this time. SUGGESTED MOTION: Not at this time. FOLLOW-UP: Based on the Board's comments, staff will solicit public comments on this draft. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 8:30 PM ATTACHMENTS: Description Type D Drafl Poky Ilaynunt hi,Bni Mllukhig Board of Selectmen Policy Payment In Lieu of Parking "PILOP" DRAFT July 25, 2016 Summary The Payment In Lieu Of Parking (PILOP)policy provides criteria for parking mitigation when the required number of parking spaces for a proposed project is not provided on-site and therefore increasing the pressures on the public parking supply. Purpose Currently projects that cannot meet the Town's parking requirements are allowed to apply for a special permit from the Special Permit Granting Authority (SPGA). The Zoning Bylaw enables this process although the approval of the special permit has been largely at the discretion of the SPGA without adherence to any established guidelines or consideration of the aggregated impacts of these decisions. The PILOP outlines a consistent approach to calculating mitigation payments to adequately manage the demand on the public parking system created from projects that cannot meet the parking requirements of the Zoning Bylaw. The mitigation payments enable the Town to contribute meaningfully towards the overall management of its public parking supply while not discouraging property owners and developers from redeveloping or hindering their ability to attract a diverse mix of tenants. Developers with projects that need on-site parking can choose to either build it or provide mitigation that improves public parking as a whole in the Center. Applicability The PILOP applies to any project within the Center Business District that applies to the SPGA for a special permit to waive the parking requirements of Section 5.1 of the Zoning Bylaw, including: • Change of Use; • Internal reconstruction; • Addition to the square footage of an existing building; • New construction on a vacant lot; and • Demolition and new construction. Calculation of Mitigation Payment A parking table and parking plan for the entire property and its uses must be provided by the property owner along with the application for a special permit for parking relief. This shall identify the total number of parking spaces required under the Zoning Bylaw and any on-site parking that is being provided. The PILOP mitigation rate is $8,000 per parking space; fractional numbers will be prorated. This amount will be adjusted each March 1st by the Consumer Price Index for the Boston-Brockton-Nashua area for the previous calendar year. The Assistant Town Manager of Development shall recommend a mitigation payment to the SPGA prior to the public hearing for consideration as a condition of the special permit. 1 The recommended mitigation payment shall be calculated based on the total number of parking spaces required by the proposed project per the Zoning Bylaw, reduced by the on-site spaces provided, and adjusted based on the criteria provided below. A PILOP mitigation payment may be reduced if the property owner/applicant provides substantive Parking and Transportation Demand Management strategies in compliance with the Lexington Center Parking and Implementation Plani. Full Mitigation Projects 1. Increase in Net Floor Area More Than 35%of Existing If the net square footage of a proposed project exceeds 35 percent of the existing net square footage, the project is deemed new construction and full parking compliance or full mitigation payment shall be required for the entire project(new and existing square footage combined)for the parking spaces not otherwise provided. 2. New Construction on Vacant Lots or Demolition with New Construction New construction on vacant lots or demolition for new construction that cannot comply with on- site parking requirements shall pay a PILOP mitigation amount based on the total number of spaces required by the proposed uses and not otherwise provided on-site. Credits to the Mitigation Payment 1. Change of Use When an existing use is replaced with a different non-residential use, the applicant shall receive credit towards the required number of parking spaces by an amount equal to the number of spaces required by the prior use. 2. Internal Reconfiguration In the case of a proposed internal reconfiguration that does not add net new square footage to an existing building but modifies the layout such that one use expands or replaces another, the applicant shall receive credit toward the required number of parking spaces based on the required number of parking spaces by the prior use or layout that occupied the same space. 3. Off-Site Parking The property owner may own or lease off-site parking spaces within a quarter mile radius of their site and receive credit toward the required number of parking spaces. The property owner must demonstrate proof of the lease agreements, duration, and provide proof on request by Zoning Enforcement Officer on the status of the lease(s). Transportation demand management strategies may include but are not limited to:financial incentives to employees to carpool,vanpool,walk,bike or use public transit; financial incentives to employees to park outside the Center Business District;provision of vanpooling or carpooling to parking locations outside the Center Business District;car share or bike share memberships or accommodations of such services on-site;discounted transit passes to employees; and/or provision of bicycle parking on-site. 2 4. Increase in Net Floor Area Lessor Equal to 35% In the case of a proposed increase to the existing floor area that is less than or equal to 35 percent of the existing net floor area, only the increase in the floor area will be factored toward the mitigation payment. Payments and Refunds The PILOP mitigation payments are a one-time payment, due prior to the issuance of an occupancy permit unless otherwise recommended and approved by the SPGA. There will be no refund of payments to a property when a subsequent change of use or reduction in gross floor area results in fewer parking spaces being required under the Zoning Bylaw. Use of PILOP Mitigation Funds Mitigation payments will be deposited in a dedicated fund, approved by Town Meeting, and expended under the direction of the Town Manager. Funds will be allocated towards the management, construction, and acquisition of public parking and related-improvements to reduce parking and transportation demand, including bicycle and pedestrian accommodations serving Lexington Center. 3 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Minuteman Statue Restoration(15 min) PRESENTER: ITEM NUMBER: David Pinsonneault, DPW Director I.10 SUMMARY: Continue discussion of conservator's report of the John Parker-Minuteman Statue and take public comment. SUGGESTED MOTION: Motion to approve (option 1) (option 2) (option 3) as the surface coloration treatment for the Minuteman Statue as outlined in the Daedalus report. FOLLOW-UP: DPW will follow up DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 9:10 PM ATTACHMENTS: Description Type D Ra.porrt Mivrvrtaruti tnr. it tvrar a.rs;ta,msvtia nr. C"over Mom) 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Condition Assessment and Options for Treatment Object: Samuel Parker Minuteman Sculpture Artist/Date: Henry Hudson Kitson/1900 Material: Bronze Owner: Town of Lexington, MA Proiect Overview: We were asked by the Town of Lexington to provide an assessment of the condition of the Minuteman sculpture and offer some options for treatments, if needed. From discussions with Susan Bennett of the Lexington Historical Commission, there has been some debate in the Town about how to best care for and preserve this unique artifact of our shared cultural history. Though sometimes these debates can be contentious, in the long run they are generally good for the long-term preservation of the object. When a community is engaged with public art and memorials the ideas that the creators, benefactors and citizens of the past wanted to convey live on. Our goal in this report is to describe the current conditions of the sculpture, highlight past treatments performed, and offer a clear set of options for the future care of the bronze sculpture. About the Author: Daedalus, Inc. was founded by Clifford Craine (my father)in 1983 (formally Dennis and Craine) as a hands-on private art conservation firm. I began working for Daedalus in 1995. Our practice specializes in the treatment of objects made from a variety of materials, large and small, indoor and outdoor. We work for a variety of clients ranging from museums, state, local, and federal governments, and private collectors. I have had the good fortune to work on hundreds of bronze sculptures in the past twenty years. My recent bronze projects include the conservation of the Soldiers and Sailors Memorial in Boston Common, maintenance of the Statue of Freedom sculpture on the top of the U.S. Capitol, and I am currently working on the restoration of the Ben Franklin sculpture from Old City Hall in Boston (it was knocked off its perch earlier this year). In 2008 I conserved another sculpture by Henry Kitson, the Saltonstall Memorial in Watertown, MA. About Bronze: Bronze is an alloy made from copper(what we call "statuary bronze" today is approximately 90% copper with some small percentages of tin, zinc, and lead). The use of copper and its alloys have been used by artists to create objects since the Neolithic period. Since then great societies from around the world have used some form of copper alloy to tell stories, grace their landscape with beauty, and memorialize people and events. CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Traditionally, bronze sculptures start as clay models fabricated by artists in their studios. After a sequence of enlargements, molds, casts and fittings that are generally performed at foundries, cast bronze sculptures emerge. Large scale objects are cast in several sections and joined internally using mechanical attachments or by brazing, and in some cases internal armatures are used. The thickness of the bronze in a typical turn of the century casting is about '/2 inch. A single heroic-sized figure can weigh up to 2,000 pounds. According to a 1925 Article, provided by the Lexington Historical Society, the Minuteman weighs 1,800 pounds. After the surface is chased to remove the artifacts of the casting and joining processes, and to add sculptural detail, the object is patinated. Though this word "patina" evokes the image of a green surface (such as is observed on the Statue of Liberty, which is made from sheet copper), this is not usually the case for 19th century bronze statuary. The majority of bronze objects from this period were originally patinated to a brown tone. The patina is formed by applying chemicals to the surface of the bronze along with the application of varnishes and waxes. There are some exceptions to this; bronzes are occasionally gilt or polished and can be patinated in a variety of colors. It is pretty clear from some of the early images provided to us by the Lexington Historical Society that the Minuteman was originally patinated to a brown coloration. If interested;Bronze Casting andAmerican Sculpture 1850-1900 by Michael Edward Shapiro, is a great reference for understanding the bronze casting techniques used at the time that the Minuteman was created. Exposure to a polluted outdoor environment can cause damage to the surface of a bronze object. Acid rain and snow cause applied surface coatings to degrade and also cause numerous reactions with the metals in the alloy. This results in a bronze surface that is streaky with black and green corrosion products; it also leaves pits and exposes hidden defects on the surface. Over the years, different environmental conditions cause various reactions to the bronze. Atypical pattern for corrosion in the Northeast United States shows a streaked surface of black corrosion products (sometimes caused by the burning of coal as fuel)which appear first, followed by greener products which cover some of the less protected surfaces of the bronze (which can be attributed to pollution from vehicle emissions). Rather than exhibiting a reflective surface with an aesthetically applied patina, sculptures can become muddy and difficult to read as a consistent whole. Left untreated, the sculpture can continue to corrode and much of the original surface (tool marks, fine details) can be lost. Images of the sculpture over the years provided by the Lexington Historical Society show the pattern of corrosion described above in clear detail. Based on my conversations with people from Lexington, there is some question about the nature of the color of the Minuteman and whether it is intentional. There has been considerable research conducted about this subject. For a greater understanding of how and why bronze corrodes, the best reference that I know is a book titled: Cofer and Bronze: Corrosion, Colorants, Conservation by David A, Scott. CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Condition of the Sculpture: Treatment History: According to records provided to us by the Lexington Historical Society, the sculpture was lifted from the stone pedestal at least three times: 1925, because the capstone was damaged, 1929, because the sculptor did not like the new capstone, and 1937, because the capstone was damaged again). There are no records of any treatment to the bronze during this process. The first record of treatment of the bronze is from 1992. This was conducted by the Center for Conservation and Technical Studies (Harvard University). These records which were provided by the Lexington Historical Commission are attached on the next pages. These reports indicate that the sculpture was vandalized with red paint prior to treatment. This paint was removed by using high pressure water and acetone (4/15/1992). The author describes the condition as free of coating and with corroded surface with losses of up to lmm of the original surface. Once this treatment was completed a proposal was provided for a more comprehensive treatment which occurred on 6/16 -17/1992. The second phase of treatment in June 1992 consisted of cleaning the surface of the sculpture with bronze wool and brass brushes to remove loose powdery corrosion products. In the initial Treatment Proposal (4/1992), the conservator noted that the "distracting contrast between black is less acute than on many outdoor sculptures." However, in the later Treatment Report, upon further inspection it was observed"that there was some paint (particularly visible on the front of legs, but on other areas as well.) This appears to be an epoxy paint(applied in the last 5 -15 years?)to cover up areas of black corrosion." (It is presumed that the paint was green). The report does not indicate whether or not the paint was removed. However, the report describes that the next phase of treatment involved coating the surface with Incralac (an acrylic resin formulated for use on outdoor bronze objects) and "areas of disfiguring black corrosion were toned using acrylic resin paint". The sculpture was then waxed with a coat of Butchers Wax. Note: The Town was provided with two options in 1992. The first was to clean the sculpture of loose-powdery corrosion products and repatinate the sculpture to the original brown coloration, the second was to clean the sculpture of loose powdery corrosion products and paint the areas of black corrosion products with green paint. The second option was chosen. To sum up: The surface of the bronze has been treated at least twice. The first was un- documented. It is conceivable that there were more undocumented treatments. CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET VTATERTOV7N,MA 02472 617.926.7590 o DAEDALUSART.COM CCTS ff 1797 Center for Conservation and Technical Studies 0lbjects and Sculpture Laboratory Treatment Proposal Nationality: American Dale L, Gaaslanrd Artist: Henry Hudson Kitson Lexington Dept of Public M^Ccr4ss Title: metThe Minuteman 201 Bedford Street TypMedium: metal Lexington, MA 021'73 Type: sculpture t361 m275ft �` Poriod: 19�th Century If Conditions The sculpture appears,to be structurally sound and firmly attached to its stone base. The remnen,ts of a red paint (vandalism 4/15/91) are present at many locations along the proper right side of the figure. The red material is soduable in acetcne and was partially removed us'ing high pressure water on 4/15 and using acetone and a brass brush on 4/17. No coating is present on the bronze surface, leaving the metal subject to damage by a6d rain. Most areas of the surface show etching up to a depth of 1 mm and some finer aspects of the original surface texture are being host. The damage is less than that on many other bronzes of comparable age. The weathering products are mostly green (probably copper sulphate)with some areas of black. The distracting contrast between black and green is less acute than on many outdoor bronzes. Several'areas of a yellowish run-off are present at the back. Proposed Treatment: Clean the surface and remove loose green corrosion products by blasting the surface with AD 10.56 60/120 grace walnut shell powder at 30 psi. Remove the remnants of the red paint using acetone and a brass brush, Option A: Repatinate the surface to match its original dark brown color using a torch and the appropriate aqueous reagents. Rinse off residual chemicals and allow the bronze to dry completely. Apply two brush coats and one spray coat of Incrlac acrylic lacquer. Apply a coat of renewable paste wax over the IncraYac coating, (Total:63 hours) Option B: Aiaply two brush coats nt lncralac acrylic lacquer. Inpaint disfiguring areas of black weathering products usisrg Gi ipfiex acrylic colors. Apply one spray coat of incrwac roliowed by a scat of renewable paste wars. (Total:48 hours) The choice of A or B should be made by the Town of Lexington (perhaps the Art or Historical Commission/Society?) after discussion with the Center for Conservation, Thee conservators will contact relavent art historians to learn their feelings on thh; matter before discussion with the town. Bronzes of this type are usually repatinated to match their original color, in this case, however,the surface is a fairly even green color and the relief can be read without to much dtficufty In addition, residents are sometimes disappointed with major aesthetic changes„ even when the are for the better. The sculptural form would be more clearly visible and closer to the artists intenfions if the bronze was repatmated, 48 hours $82 per hour Total Labor: $'0,936.00 Photography-, Before During After Unit price 35mm t3/'A,t neg. fry prt. 6 2 4 45rnin onion slicd(rs 4 $5,00 60.O0, `t $5.00 6f140.00 Total Photography: $100-00 Harvard University Art Museums, 32 Quincy Street,Cambridge MA 02138 (617')495-2392 CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET VTATERTOV7N,MA 02472 617.926.7590 o DAEDALUSART.COM p CC TS#1797 Center for Conservation and Technical Studies Objects and Sculpture Laboratory i Treatment Report (Ira house do not send) t4ationality: American Artist: Henry I-iudson Kitson Date I. 'aasland Title: The Minuteman Lexim1ton Dept of Public Work.. Medium: metal 201 Bedford Street IYl sculptuure Lexington,M1'A02173 Period; 119th Century 861-2758 Treatment: Crate Hours Description June 16-17, 1992 48 Loose corrosion was removed with bronze wool and brass brushes.The sculpture was washed with mild Orvus detergent and water,and rinsed with wader. After dryings two brush costs of Incralac:acrylic resin in xylene were applied. Areas of disfiguring block corroruion were toned using acrylic resin paint,and the sculpture was given afiinal spray coat of Incralac,followed by'waxing with Butcher's Bowling Alley Paste wax and buffing with soft cloths. It is noted that upon close examination there was some paint on areas of the sculpture (particularly visible on the front of the legs„but in other areas as well).This appears to be an epoxy paint that was probably applied(in the Oast 5-1 r years?)to cover up areas of black corrosion. Future care and maintenance.The current coatings will protect the bronze from acid rain and graffiti,but will need to be maintained. Some types of grrffiti would be able to be removed without disturbing the Incralac coating. If any graffiti occurs,the town Is encouraged to call the Center for Conservation and Technical Studies for recommendations. Maintenance: It is very important to continually maintain thrr Minuteman by annual washing and waxing to prevent deterforation of the surface coating s'rnd corrosion to the brr"nze. Once a year(twice it possible)the sculpture should be washed with a mild detergent(Nvory soap flakes are recommended)and rinsed,thoroughly with water. High pressure water its riot necessary-the water pressure from the spigot at the back of the sculpture is sufficient, After thorough drying(approximately one hour an a sunny day)„the,sculpture Should be waxed with Butcher's Bowling Ailey Paste wax(available in hardware stores)and buffed with waft cloths. The wax may be applied by brush or rag„but should be applied very thinly. Wax that is too thick will blanch,or turn white,upon exposure to water,and a thick application at wax will also attract din. 48 hours worked @ $82 per hour Total Labor Actual: $3,936.00 48 hours billed @ $82 per hour Totat LaborSi ted:, $3„936.00 Harvard University Art Museums, 32 Quincy Street„ Cambridge MA 02138 (617) 495 2392 CONSERVATORS OF SCULPTURE 0 MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Current Condition: The sculpture was observed by Joshua Craine and Clifford Craine of Daedalus, Inc. and by Richard Newman (Head of Scientific Research, Museum of Fine Arts, Boston, MA) on Friday June 3,2016. Clifford and Richard viewed the sculpture from the ground; Joshua from the ground and from a bucket truck provided by the Town of Lexington. Richard was asked to look at the sculpture independently and although his observations are not included formally in this report, we were all in agreement from what we observed from the ground. Observed From the Ground: From the ground, the sculpture appears to have a fairly uniform green coloration with some black undertones. There are multiple areas of chalked coating which look like spots of matte white over the darker colors of the bronze surface. These areas are most easily observed on the figure's back and the sides of the figure's legs. The areas of chalked coating are from the Incralac applied in 1992. The Incralac coating is long past its expected life-span. The coating can continue to protect for 7 to 10 years, and longer in some cases when the sculpture is maintained on a consistent basis. Observed From the Lift: Surface: The sculpture is dirty. There are numerous areas of bird guano on the upward facing sections of the sculpture, primarily on the figure's head and shoulders. Bird guano is quite acidic and etches the bronze surface. The surface is pitted and there is some loss of surface detail which is consistent with how bronze sculpture looks when exposed to a polluted outdoor environment. The areas of blanched coating and wax are much more noticeable and cover a good amount of the sculpture (approximately 35%). It is possible that the coating is still stable in other areas of the sculpture, but a considerable amount has completely degraded and is no longer offering any protection to the bronze. Some of the chalked coating appears to be covering painted areas on the sculpture. The issues with blanched/degraded areas are two-fold: One, it is aesthetically displeasing, the other is that any coating which is not well-adhered to the bronze can cause increased degradation to the surface as water can get trapped between the coating and the untreated bronze. There are numerous spots where the sculpture has been painted. The colors appear to vary in tone indicating that some of the paint observed in the 1992 treatment was not completely removed (or may have been left intentionally). The most obvious paint contrast can be observed on the proper right side/chin/neck of the figure where the surface has a dark green tonality (likely from the earlier un-documented campaign), and the proper left leg which is much lighter in tone (likely done in 1992). As with the coating, flaking and degrading paint can also accelerate the corrosion process as water can get trapped between the paint and bronze surface. The blanched coating and painted surface cover a considerable amount of the bronze CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM surface and the surface coloration observed from the ground is not a pristine untouched bronze. This surface as we see it now is a combination of copper corrosion products, paint, degraded paint, and blanched coating. As the sculpture has been cleaned in the past with bronze wool and brass brushes and high pressure (1992) at the minimum, even some of the green corrosion layers are relatively newly formed. Structural: The majority of the seams between the cast sections appear stable (free of gaps). However, the joint at the figure's waist is slightly open (there is an approximate 1/16" gap). This is an area where water can infiltrate the cast and could possibly lead to cracking of the bronze. There is a small crack adjacent to this gap on the inside of the figure on the figure's jacket. It is possible that there are other areas of cracks and open seams which are obscured by the paint and coating. No cracks were noted in the 1992 report. An image showing the bottom of the sculpture from the 1925 article, (previously referenced) reveals that there are large blocks (of what appears to be cast bronze) on the bottom of both feet. These blocks appear to be designed to set into openings on the capstone. There is no mention of the material used to anchor the blocks into the stone in the information provided to us by the Town. At present, there is a layer of a yellow synthetic material that is smeared on the capstone at the intersection of the figure's feet. There is no mention of this material in the condition assessment describing the condition of the stone (the assessment was done by a very reputable stone conservator, and it is likely that they did not have access to the top of the capstone at the time of their report). The assessment was provided to us by the Lexington Historical Commission. It appears that this material is being used to waterproof the socket in the capstone and possibly fill some cracks on the upper parts of the stone. The sculpture appears stable in its connection to the capstone. A slight push on the top of the head revealed no movement of the sculpture at the feet. However, it is difficult to get leverage from the lift. If the sculpture is to be treated in the future, the connection should be inspected again from a sturdier platform. The yellowing color of the synthetic materials could indicate that the material has degraded and has lost some of its adhesion properties. Some of the synthetic material has been applied the edges of the figure's feet. There are spots of this material dripped on the tops of the figure's feet. CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Treatment Options: Part One: The following treatments should take place regardless of how the surface color is treated. 1. Cleaning particulate matter and bird guano: The sculpture should be washed with a solution of anionic detergent in water, applied using a soft-bristled brush and rinsed with water. 2. Removal of old and degraded coating: These can be removed using a variety of different methods, and it is likely that more than one of the techniques/materials listed below may need to be used in the process. The removal of the coating will likely result in the removal of the loose-powdery corrosion products on the surface. If done properly, none of the techniques will take the sculpture down to bare metal. With the coatings removed, the sculpture will continue have the tonality of green and black. Each technique should be tested prior to treating the entire surface: • Chemically: Using paint strippers (followed by water rinsing) and/or organic solvents applied locally using cotton pads • Water blasting using a hot water pressure washer at 3,000 psi • Micro-abrasive blasting with dry ice or walnut shells • Using an Nd:Yag conservation laser 3. Repair of open seams and cracks: As noted, there is at least one open seam and one crack observed on the sculpture; once the applied coating and paint are removed it is possible that more will be revealed. The opens seams should be filled with epoxy resin bulked with bronze powder, as needed. Cracks should be repaired by drilling and threading holes at each of the cracks and inserting a small bronze threaded pin into each of the holes to stop the expansion. The cracks should be filled with epoxy bulked with bronze powder. 4. Inspection and repair of the connection between the capstone and bronze: This should be done in conjunction with the stone treatment, if the work is being done by different contractors. The yellow synthetic material should be removed mechanically from the capstone and the connection should be inspected. If the bronze is stable, a new waterproofing material which is appropriate for use on historic stone should be used to fill the joint as needed. This material should be determined in conjunction with the contractor responsible for the stone work. If the bronze appears unstable, which seems unlikely based on our initial inspection, a plan to re-set the Monument should be developed in conjunction with a structural engineer. CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Part Two: Surface Coloration: Option 1: The last time a treatment campaign was undertaken the decision was made to"cover the disfiguring areas of black weathering products using paint." This process could be repeated using the similar techniques. The surface can be painted and/or patinated in spots to give the sculpture a uniform green coloration. There are numerous paint systems and patina formulations that can be used to achieve this result. The products used should be tested and approved by a designated curator or curatorial committee from the Town (see next section). Once the desired coloration is achieved, the sculpture should be coated with three coats of Incralac. This should be followed by a coat of paste wax applied cold which serves as a sacrificial layer for the acrylic coating. Option 2: Apply a brown patina using traditional patina techniques. This includes heating the bronze with a propylene-fueled torch and applying oxidizing chemicals such as ferric nitrate, potassium permanganate or liver of sulfur. The brown colors can range from reddish to blackish and can be adjusted by changing the solutions. The patina can be light, allowing greens to show through, or deep so the figure will appear a uniform brown. As with Option#1, tests should be conducted for review, and a final coloration should be approved by a designated curator or curatorial committee. Once the desired coloration is achieved, the sculpture should be coated with three coats of Incralac. This should be followed by a coat of paste wax applied cold which serves as a sacrificial layer for the acrylic coating. Option 3: Once the sculpture is free of old coatings do not modify the color in any way and apply the Incralac and wax as noted in Options #1 and 2. CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES 1 0 Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM Discussion about Patina: In the majority of the projects in which we have been involved communities usually decide to patinate the sculptures to a brown coloration. However, each community and each sculpture is different. For as long as most people can remember, the Minuteman has been some variation of green and that is important. The same has been true for sculptures we have treated in other places and many of those communities have decided that it was important to restore the surface similar to the way it looked when it was installed. It is clear that the sculpture was not patinated green originally. Nothing that we have proposed would cause damage to the sculpture. We have treated some of the most recognizable outdoor sculptures in Massachusetts and the region (the Shaw Memorial, the Brewer Fountain, in Boston and the Statue of Freedom in Washington, DC)using the techniques described. Treatment plans similar to what is described in this report have been approved by curators, art historians, engineers, and material scientists on past projects. The best way to protect to the sculpture for future generations is to apply a coating to the surface. Points to Consider Moving Forward: 1. No matter which way the Town decides to go with the treatment, it is important to have a designated curator who is responsible for making aesthetic decisions. Having a small committee (1 to 4)people is usually helpful, but one person in that committee should have the final approval about how the sculpture should ultimately look. 2. A maintenance plan should be developed and the followed through yearly. The plan should involve washing the sculpture once or twice a year and applying a new coat of wax, and inspecting the coating for signs of failure. It is best if this process is done by the conservator who treats the sculpture. This process will not only help protect the bronze, but it will keep it looking good year after year. There are no man-made objects that stay outdoors in New England every minute of every day which do not need to be cared for on a consistent basis. Joshua Craine June 2016 CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM r J TWO, % r� / / r rl��f i �i / Front View CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM i 4� �y �yi umi roe' �)7.I j r///iJ✓'r p � I � ������ /� �� rrJ/gip ��if���/�e�p / Detail of dark green paint(orange arrow). Chalked coating (red arrow). 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' �°� VIIIViliium Dark green paint CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM rr r, N i l% Dark green paint u ail��IIII�y�'��� � 11 l IIIl uuuuuUll�ll IIIII �I V ��i ��� 'ii�� iiioIIIIIIVIIIIU�i1P� covered with chalked paint CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM p r, 1/l���rrrrrr J�1rr�� �/ fry dill I Y r✓�l �r r lrr�rr r "�� �1���1>r'l f� �4 ��'" i�✓ is r �����/ ii1/�'wl�ri/i rid y f rr/ ,rJ ll �Grrk rrdl r � I�7 I d,Ii I �, ./r 1 �II1�� r/✓ r ' r r r' � a l� �� �� r b/ i r i! r r' r rf' ✓D,'/l//1 �/�r Q�iS /rif/�/ �, r /r9�r1 rl��xl � / �'li' Paint likely covering darker corrosion products CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM sa Bird guano �ummmoly� , IINIUIIIVI r �h r V f r a d i l l r s J r f + s I � � Vllrm r 1 f iT✓ m uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu / I� v vv a ri Fl r,. + r / x , , r, � III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII i r i ����IIIIIIIIIIIIIIIIIIIIIIIIII F r r, 11fOfOff(��I�Ilfl�f111f��(��Idl�� f ; G � f I l m �l CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM /%//iiii///iiiii"� �/i�/ � //////;, ,r„ ,,, ,,,, ,,,,,,.. 'o��rr"Ire➢1i i ir.? g , i II III I � 1 ' r W /[;������ a 41 � ,b� r �r�/r 'y�6u����i���u�,,• � r v rr �., i �;. a,, rr/��i�/��/ r, r i Detail, connection between the cap stone and the llld%i�l/ r; figure CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM ii m i 1 V ii � a a r ut Detail, synthetic material on capstone CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM o a From Below, Proper Right CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM f r a �f From Below, Rear CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM II�YI@iY+ll �i i I l it I iY r y From Below, Proper Left CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES Daedalus 205-3 ARLINGTON STREET WATERTOWN,MA 02472 617.926.7590 o DAEDALUSART.COM From Below, Front CONSERVATORS OF SCULPTURE o MONUMENTS o ARCHITECTURAL ORNAMENT o DECORATIVE ARTS o ANTIQUITIES ------ Pornardcdnuesyugc ------ Fnonu: Michael Date: Thu. Jul 21` 2016 ut7�35 PM uh\ i Statue To: Suzie Barry Cc: "David G. Kanter" [)cur8uzir` Thank you very much. | um currently reading the report with considerable interest, The firm was o good choice but from the preamble and u few comments it seems they may have been guided to u particular conclusion. Oo balance, they have a good presentation. Some o[the findings were concerning and the |cvc} of detail and expertise of the hired firm is laudable. There are details that 1 would uhu||cngc for further discussion. As an example, the rcroovu| steps in the first step in part | are desirable though the use of the brush is better avoided if possible. Non-abrasive is u key consideration. How was the presence of paint and organics confirmed? The elimination of foreign coatings, paint and loose debris uudescribed iu the second step iu also desirable. More realistically dim preferable not to have those coatings in the first place. The paint and organics (wax, lacquer, uuirno| originated...) need (ogo either way. The steps mentioned in part two are typically abrasive, particularly the second two. The use of a Nd:Yag laser can have secondary problems for outdoor sculpture including grain and composition changes following the nnc|t/tcztudngo[ the surface and should be avoided if possible though is useful for some applications of finely detailed sculptures. An organic stripper followed by water rinse is u good choice to ccouovc paints and organics. l did not see the cracks previously but m crack blunting method is necessary if done correctly. The bronze/resin method is useful if the resin is HEAVILY bronzed and fully conductive as connyurub}c to the alloy. Otherwise, it will [uoi|itu1c galvanic corrosion and acts as mdimuinni|ur nnutcriu|. It would be worthwhile to discover why that seam is opening and address the cause whether it is from handling, balance or otherwise, |s that really u crack? Is the ocuzu rcu|}y opening? Intimately contacting metals tend <o fuse and the coatings fuse. The location and nature of the crack is odd and sccros unusual. Was it orcu1cd by the past conservators? In any event that feature is concerning. I was VERY surprised to see no composition analysis from the consultant. That is easy to obtain and very umcfb1 foryomaivo1ioo and patina formation. The oonoruco{s about painted-over- corrosion were concerning, Not sure how they verified the condition beneath the paint or the nature of the pnio19 I generally agree with conncncn10 ou the treatment of material related to the capstone and would add as possibly implied by the inspection, if the a(otoc is u[Gsed with nue(u| other than bronze, it should be replaced appropriately. One would hope that the statue does not require conservation for the elements that form its mtmc|mc (hence hopefully there is no /cumou to reset the monument or otherwise the pedestal following cleaning and sealing of the stone.) The plate on the back of the base was improperly affixed with what appeared to be iron-based fasteners and it was somewhat damaged when examined last November. Understanding the composition and history of the sealant around the feet of the statue seems to be worthwhile. The treatment of bronze has become a popular thing for funded conservators in the interest of patrons that wish to have un-naturally colored metal sculptures. The passivation of bronze grows a remarkably compact and uniform green color which is formed by the copper oxidation and mixed oxide film. Cast bronze can be almost pink then gradually grows to a brown- black surface before reaching the stable green surface film. That film formation process results in the coating referred to as the patina. Metals are passivated or can be anodized to the oxide coatings that form the stable protection. Modern passivated films typically include chloride and sulfate. No patina analysis was reported in the Daedalus document. Paints are typically applied to bare metal and are finished with waxes of varying kinds, acrylics or other polymers for the desired luster. Painting a bronze statue is unusual. There are less costly metals that hold paints well, provide better detail and structural support and can be used indoor or out. Since the initial growth of a passive film on bronze, (brass or copper and copper based alloys for that matter) typically starts with a brown-to-black form of the oxide, it is normal for indoor, controlled environments and an odd artifact brought about for aesthetic preference only in outdoor works. Indoor bronzes turn green over time unless they are carefully coated and typically have controlled temperature and humidity. It appears to be trendy to "colorize" statues and the comments concerning the loss of I mrn of surface along with the reported earlier conservator choices to paint the work seems to be a poor choice for the durability and preservation of the work. It is worthwhile to note that the conservator mentions relatively minor actions most notably associated with cracking which it is good to consider very carefully. The passive film naturally forms on bronze. The sun affects the wax and lacquers mentioned in similar fashion to sunburn and the variation across the surface will cause stress, variations in the film and variations in permeability which will cause nonuniform corrosion across the statue. Using an Incralac-wax approach requires permanent care and cost. The patina on bronze is actually highly durable for resistance to the modern environment(including acid rain issues and even sea mists). A fourth option is suggested, once the sculpture is free of old coatings, man-made artifacts or damage requiring conservation, restore the surface patina with chemical accelerant if required and allow the environment to do the rest. The folks at Daedalus are better artists than I but the metallurgical value of allowing the patina to do its work is only a problem if the aesthetic of the green statue is problematic or undesirable. The iconic minuteman seems like a valuable green patriot that can be preserved admirably by nature at a reasonable cost to the town. It would seem desirable to provide frequent inspection to keep the statue free of man-made (or bird-made) debris and assure the coating is uniform and adherent. Conservators are necessary when statues are damaged or their is a need to change the aesthetic. They have been known to add or remove metal, re-tool the work to better achieve their impression of the artists' intent or otherwise to change the original work. This appears to be a qualified and To|cotod group based on their portfolio. It would be interesting to hear their thoughts on the value and endurance of natural patina in p/ockm that are not subject to foreign- metal based galvanic corrosion or nonuniform stress from non-uniform chemical treatments, The conclusions of the report appear to be somewhat directed by earlier local commentsand opinions. The best way to preserve the sculpture actually would be in fbno the natural patina and apply ioupncaued current or anodic yroioo1ioo similar to that used for maritime s1oautu/ca, vvbicb oncaiu galvanic corrosion completely and can be directly or remotely cuoohnrcd by the extent of current passed externally. The best method is not to paint the statue. It is not necessary to iooyrmsa current to uoed corrosion since the natural yu1iva is u very good corrosion inhibitor with proper washing to remove animal excrement. I am unaware of this impressed current being used for statuary though it is common in nncta} aydenoa used throughout the world. The fine detail of the statue is remarkably well preserved iu the apparent absence of painting and waxing along with the apparent abuse at the hands of past conservators that chose to paint the ataluo - vvhcrc)u the pain was removed by weathering and effects o[temperature cycling. It was uvve1| considered report but the conclusion and u few o[the techniques are iuconnp|c(c. Should the town wish io go away from the natural green patina, the methods mentioned will require frequent maintenance. It is possible and actually has been done to good effect, to color (anodize) portions of bronze statues which are then color-preserved by lacquer and wax. That is a relatively recent trend and | know o[only u few statues in Washington with that approach. l favor the no1ucu| solution and preservation by washing and reasonable care, not perpetual painting and waxing anymore than one would paint and wax stainless u(cc|. Thank you again for this interesting report. Respectfully, Mike Michael D. Evans, DESc AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Stormwater Regulations (20 min) PRESENTER: ITEM NUMBER: Dave Pavlik of Engineering, Denise Cameron of Woodard and Curran I.11 SUMMARY: The proposed stormwater regulations will be presented. SUGGESTED MOTION: Move to (accept) (take under advisement) the stormwater regulations (to be effective on January 1, 2017. FOLLOW-UP: DPW DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 9:25 PM ATTACHMENTS: Description Type Cl ("'over Mlonx) • • • • i �r IF FllAINGTON J 'ca Co O N E o � o a v) .E m o cn o ) U U _ 0 .cr N .fir � � •a+ � H � v cn co _ .0 E CuL)) v _ cc5 cn Q o o CO _ 70 V cl) m � c llAINGTON HIM 1 "'PIr,�(. 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SUGGESTED MOTION: Vote the Order of Taking as written. FOLLOW-UP: The Order of Taking must be signed by the Board at which point the Engineering Division will file with the registry of deeds. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 9:45 PM ATTACHMENTS: Description Type COMMONWEALTH OF MASSACHUSETTS Middlesex, ss ORDER OF TAKING Town of Lexington Victory Garden Way At a meeting of the Board of Selectmen of the Town of Lexington held on the 251h day of July, 2016. It is ORDERED: Whereas the Board of Selectmen of the Town of Lexington having determined and adjudged that common convenience and necessity require that a town way be laid out in the location hereinafter described and having complied with the requirements of law relating to notice, did on the twenty-second day of March, 2016, lay out as a town way the way known as Victory Garden Way a distance of 1,172 feet, more or less, from Hancock Street to Hancock Street, accordingly and duly filed their report of such laying out with the boundaries and the measurements of the same in the office of the Town Clerk, the plans for which were filed with the Town Clerk on the twenty-ninth day of February, 2016, and whereas at the 2016 Annual Town Meeting duly called, warned and held on the first day of March, 2016, it was voted under Articles #17 on March 28, 2016 as follows: "VOTED: To establish as a Town way and accept the layout of Victory Garden Way, a distance of 1,172 feet, more or less, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated October 14, 2015, subject to the assessment of betterments; to authorize the Selectmen to take by eminent domain,purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. NOW THEREFORE, we, the undersigned, being a majority of the Board of Selectmen of the Town of Lexington, duly elected, qualified and acting as such, do hereby under and by virtue of the provisions of Chapter 79 of the General Laws and of every other power and authority us hereto in any way enabling, take the right or easement to use for all the purposes of a town way for the use of said Town of Lexington, the land in said Town bounded and described as follows: A certain parcel of land situated in the Town of Lexington, Middlesex County, Commonwealth of Massachusetts, more commonly known as Victory Garden Way described as follows: Beginning at a point on the southeasterly sideline of Hancock Street in Lexington, Mass. and thence running: Along a curve to the right having a radius of twenty-five(25.00) feet, a length of thirty-nine and 47/100 (39.47) feet, thence; N54-30-30E a distance of one hundred eighty and 70/100 (180.70) feet, thence; Along a curve to the left having a radius of one hundred seventy-five(175.00) feet, a length of fifty-six and 48/100 (56.48) feet, thence; N36-00-59E a distance of one hundred thirty-nine and 49/100 (139.49) feet, thence; Along a curve to the left having a radius of one hundred seventy-five(175.00) feet, a length of COMMONWEALTH OF MASSACHUSETTS Middlesex, ss ORDER OF TAKING Town of Lexington Victory Garden Way five hundred twenty-two and 93/100 (522.93) feet, thence; S44-48-26W a distance of three hundred fifty-eight and 16/100 (358.16) feet, thence; Along a curve to the right having a radius of twenty-five feet, a length of thirty-seven and 98/100 (37.98) feet, thence; S48-09-30E a distance of one hundred and 13/100 (100.13)feet, thence; Along a curve to the right having a radius of twenty-five(25.00) feet, a length of forty and 56/100 (40.56) feet, thence; N44-48-26E a distance of three hundred fifty-two and 98/100 (352.98) feet, thence; Along a curve to the right having a radius of one hundred twenty-five (125.00) feet, a length of three hundred seventy-three and 52/100 (373.52) feet, thence; S36-00-59W a distance of one hundred thirty-nine and 49/100 (139.49) feet, thence; Along a curve to the right having a radius of one hundred twenty-five (125.00) feet, a length of forty and 34/100 (40.34) feet, thence; S54-30-30W a distance of one hundred ninety-one and 36/100 (191.36) feet, thence; Along a curve to the right having a radius of twenty-five(25.00) feet, a length of thirty-four and 16/100 (34.16) feet, thence; Along a curve to the right having a radius of four hundred eighty-eight and 49/100 (488.49) feet, a length of ninety-seven and 62/100 (97.62) feet to the point of beginning. Said Victory Garden Way contains 61,775 square feet of land. All trees, if any, upon the land taken are included in this taking. The area, which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement, is described as follows: The same being lands now or formerly of Homes Development Corp, as shown on a plan entitled "Town of Lexington Street Acceptance Plan, Victory Garden Way, Lexington, Massachusetts"; Scale 1"=40'; Dated October 14, 2015. The said area comprises the several lots shown upon the plan hereinbefore referred to. No betterments are to be assessed for this improvement COMMONWEALTH OF MASSACHUSETTS Middlesex, ss ORDER OF TAKING Town of Lexington Victory Garden Way We determine that no damages have been sustained and none are awarded. UNREGISTERED LAND Victory Garden Way OWNER MAP LOT BOOK PAGE Victory Garden Way 70 306H 59820 263 Home Owners Assoc. James &Patricia Lane 70 306A 62156 585 Peter& Deborah Everin 70 306N 59011 196 Jin Wang 70 306B 64348 501 Christopher& Gretchen 70 306M 60458 570 Reisig Michael & Cheri Levitz 70 306C 63769 52 Fan Huang 70 306L 64350 257 Rohit Mehra&Ann 70 306D 65065 375 Bandopadhay Ming Zhu & Min Hua 70 306K 62606 475 Yuan Homes Development Corp. 70 306E 52372 514 Christopher& Moira 70 306J 59290 75 McKenna Homes Development Corp. 70 306F 52372 514 Homes Development Corp. 70 306G 52372 514 The land in which the aforesaid rights and easements are taken is believed to belong to the aforesaid named parties, but if the name of the owner of any of said land or of any interest therein is not currently stated, it is to be understood that such land or interest is owned by an owner or owners unknown to us. COMMONWEALTH OF MASSACHUSETTS Middlesex, ss ORDER OF TAKING Town of Lexington Victory Garden Way WITNESS our hands at Lexington aforesaid this twenty-fifth day of July, 2016. Selectmen of Lexington Then personally appeared the above-named, Suzanne E. Barry, Peter C. J. Kelley, Norman P. Cohen, Joseph N. Pato and Michelle L. Ciccolo and, known to me to be a majority of the duly elected, qualified and acting Selectmen of the Town of Lexington, and severally acknowledged the foregoing instrument to be their free act and deed and the free act and deed of the Town of Lexington, before me, Notary Public My Commission expires AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Continued Discussion FY 17-18 Goal Setting (15 min) PRESENTER: ITEM NUMBER: Suzie Barry, Chairman, BOS; Carl F. Valente, Town Manager 1.13 SUMMARY: As a follow-up to the Board's FY17-18 goal setting meeting on June 22, staff updated the list of 17 proposed goals adding: • Selectmen who volunteered to take the lead for each goal; and • Proposed action items for each goal. Next steps to finalize the FY17-18 goals include: • Complete remaining action items for each goal; and • Prioritize the list of goals, as there are more goals listed than can be reasonable addressed over the coming two years. SUGGESTED MOTION: NA FOLLOW-UP: Staff will update the goals based on the Board's feedback and prioritization. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:00 PM ATTACHMENTS: Description Type D FY 117 118 Proposed Gxds; Backup Matorrinl YO cz 0 N cz u ct r Sti Y O vi p 7-r "a a cz �, N — P+ b • N V� bqbb cz ,x N ° on O ct Y t '0 u a y ¢I Y cz O 0 0 a p ' o �i--I 4 cz ¢ ° � cz U121 ct 0 p o cz Y U o r CL Y u � -a cz CZ � o a � o CZ P °cz 6 P bb � �z a x 00 Y O V Y V N Y O� cut N O g , ' w cut1;4 cz 0 cz U CZ �. Y ~ � Q O G' ,�-� cC V O O �--' � u � O > > w 48 ° oo o u o 7� cz ct ° ° o CC ° P, ° O s°. 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Y 0 cz cz ti U .'y ci w bb m ° m : bb ° °�' o bincz a ° a y p u cz ¢ tw O o o � cz, ,ri ,ri ,ri O U Y Uczu cz ,r O Sti Y Sti Y Vl Vl � Vl Vl Vl a p� o ct ° �n n ct Y Y p o o o d o Q ° w .� w ,,, o U ° N ° ° Q ct cz cz cz N Qy CC .fir V�i N N CC cz cz +c� c°> W a W w W o m a 3 00 N = w O o E 12 y a O � � o a a U' O .r O /fit U cz 'w CL w 0 0 0 0 0 0 0 0 0 0 �, o � o � o � o � o � o � o s• o s• o s• o s• o eC U A W U W U W U W U W U W U C7 U C7 U C7 U C7 U M R kn O', c V � U U U U U U N cz 75 cz r 0 s ct p P w° cz y--I N vi bb y "a cz cz O bb O u cz cz bq a a cz W N 4.1 75 F+" N O bb ° b a a �? cC a w 75 O Y p cC O b4 'c p co .�' c .� cz co tw rl Jam' 0 O cz 121 U 2 2 � C C o CCcp,. O w m O y p v U F'r Uj U O �z O W cz y P. cz o wcz O cz •a 'G' 0 '�, G' ,�' O' bq � s� O � bq ,� � � � � 40 cz cz cz Ij cz Y N Y Y Y It CZ cz CZ .. a C bn }�+r -a o .� � • ,y 4 U �r XJ 69 "O 0 0 U M b04 Q. .cz cz s� p cz (� U F4 7-I cd cz W oU � � ci i o o 0 0 0 0 0 y V W C. W C. W C. O a CyC CyC CyC CyC CyC CyC Cp �, s, �, s �, s an o +• o +• o +• o +• o +• o +• a c E 'a V � N N r Tr � wY/ � o � c � � o "a U O � H a ° o a oa ~ c U U � N m a 00 W � � 12 y P a 'Ww � a w o a o �o i. L G V � y cue y �O. c E 'a V � N N r U .r T Y Pr O a � cz CL 0 0 � y N � 0 � N a � a 0 Ect N � Y 0 yy� 'tD 75 75 cz O p -a w0 ,i7 U W 'O O bD bD_ N yO N o ° cz OO cz 0 3 cz o U C75 75 Pr p O Ptv, O U Ocz cz P cz cz o x cz ID cz cz •I..I y Y � Y O ' Sr oa P� -CA � U W a � Cam p �I AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve CPA Grant Agreement-Greeley Village Door and Porch Project (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.14 SUMMARY: Based on the recommendation of the Community Preservation Committee, Town Meeting approved an appropriation of$263,250 for the Lexington Housing Authority to replace failing rear doors and porches at Greeley Village. This funding will be supplemented with$87,750 from the Massachusetts Department of Housing and Community Development. The attached agreement covers the terms of this grant. A vote of the Board is required to approve and sign the agreement. SUGGESTED MOTION: To approve and sign the Grant Agreement between the Town of Lexington and the Lexington Housing Authority for the replacement of rear doors and porches at Greeley Village. FOLLOW-UP: Staff will follow-up with Housing Authority. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:05 PM ATTACHMENTS: Description Type D CIA 4 drranr:t AgTMrrararm it Backup Matorrinl GRANT AGREEMENT FOR GREELEY VILLAGE REAR DOOR AND PORCI I PRESERVATION This Grant Agreement ("Agreenrent") is dated 2016, by and between the Lexington Housing Authority with its principal office at One Countryside Village, Lexington, Massachusetts 02420 (tile "Grantee"), and the Town of Lexington, a municipal corporation with its principal offices at 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420. acting by and through its Board of Selectmen (the "Town"): WHEREAS, the Grantee has sought funding from the Town pursuant to the Community Preservation Act, G.L. c. 44B. to help fund the preservation of all rear doors and porches on housing units (the "Project) located at the Greeley Village affordable housing facility at Greeley Village Road. Lexington- Massachusetts owned by the Grantee (tile "Property")- and WHEREAS, at the Town Meeting held on April 4, 2016, the Town voted to appropriate 11 the sum of Two Hundred Sixty Three Thousand, Two Hundred and Fifty Dollars ($263,250) firorn the Community Housing Reserve of the Community Preservation Fund (the "Funds*) for that purpose-, and WHEREAS, the Grantee has been assured a grant of Eighty Seven 'rho usand, Seven Hundred and Fifty dollars ($87,750) from the Massachusetts Department of Housing and Community Development (DHCD) for this Project, such funds being integral to the Project's completion; and WHEREAS, the Town and the Grantee wish to memorialize herein the terms governing the disbursement of the Funds appropriated by the Town at Town Meeting,, and the repayment of the Funds in the event that the Property is sold during the useful life of the capital improvements funded by the Town: NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows:17 L The Grantee agrees that the Funds shall be used solely for the purpose of replacing the failing rear doors and porches on the housing units located at the Greeley Village affordable housing facility to promote continued use of the Property for affordable housing purposes. The Grantee represents that the total CPA grant from the Town will not exceed $263,250. subject to line item 42 below. The Grantee also represents that the Project is funded in part under the Community Preservation Act., G.L. c. 44B. § 5(b) (2). The Grantee shall make no other use of the Funds. 2. The amount of this CPA grant will be based on the total eligible project costs, less the DHCD arant, and will not exceed $263,250, The Grantee agrees to make available copies of any drawings, plans or bid documents relating to the Project for inspection by the Town at the Tmvn's request. Any documentation procured with the Funds shall be limited to work necessary or appropriate to carry out the Project and shall be consistent with the preservation of accessible housing units. 4. All necessary Town permits shall be received prior to the commencement of' construction. and anv and all Town ng, wiring and plumbin g inspectors shall have tn access to the Project for regular inspection. Because the Project is funded through the CPA, the Town's building permit fees shall be waived. 5. Grantee agrees to allow the Town to post a free-standing sign on the Property, which - designates the Project described herein as being funded in part by the citizens of the OJ Town of Lexington through the Community Preservation Act. 6. The Grantee agrees that the Town shall have the right to require written confirmation by the Grantee that the Funds were used solely for the intended purpose. 7. After all required pen-nits are received by the Grantee, Grantee may draw on the Funds only for reimbursement of actual expenditures for the Project. Upon receipt of an invoice from any consultant, contractor or vendor working on the Project, Grantee agrees to present a copy of said invoice to the Town. The Town shall then make payment to the Grantee. After Grantee makes payment to its consultant, contractor or vendor, Grantee shall provide the Town a copy of such payment in the form of a cancelled check. Such verification of payment shall be provided within 30 days of payment by Grantee. Reimbursement for completed work shall be paid in a timely manner by the Town. 8. Grantee agrees that in the absence of the Funds being successfully awarded by the DHCD. the Project shall not commence. The absence of such funding may alter the scale of the Project and any such modification of the Project shall require a vote of the Community Preservation Committee and a vote of the Lexington Town Meeting. Z:1 9. If there is a sale or other transfer of any kind or nature of any interest in the Property, or any part thereof(except leases of individual housing units to tenants) within ten (10) years of the date of this Agreement, the Grantee shall reimburse the Town for the full amount of this grant ($26-3,250). within thirty (30) days of such sale or transfer, 10. The Town's grant of funds to the Grantee is made with the understanding that the Town has no obligation to provide other or additional support to the Grantee for the Project except as provided for herein. 11, The Town hereby certifies that the Funds have been duly appropriated and are currently available to meet the Town's obligation as stated in this Agreement. 7 Executed under seal as of the date first set forth above. TOWN OF LEXINGTON LEX1NG17ON HOUSING AUTHORITY By its Board of Selectmen: By: Suzanne l . Barr} Calleen Foley Executive Director Peter C.J. Kelley Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo Approved for Availability of Funds: Acct. No. Comptroller 3 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve CPA Grant Agreement-Lexington Arts and Craft Society Lighting Project (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.15 SUMMARY: Based on the recommendation of the Community Preservation Committee, Town Meeting approved an appropriation of$24,280 for the Lexington Arts and Crafts Society for the replacement of lighting in the Parsons Gallery. This funding will be supplemented with$12,000 in private funding. The attached agreement covers the terms of this grant. SUGGESTED MOTION: Move to approve and sign the Grant Agreement between the Town of Lexington and the Lexington Arts and Crafts Society for the rep lac ement of lighting in the Parsons Gallery. FOLLOW-UP: Staff will follow up with Arts and Crafts Society. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:10 PM ATTACHMENTS: Description Type D (knit AgTMrra.rom it Backup Matorrinl J? GRANT AGREENIENTFOR LEXINIGTON ARTS AND CRAFTS SOCIETY PARSONS GALLERY LIGHTING RENOVATION This Grant Agreement ("Agreement") is dated 2016, by and between the Lexington Arts and Crafts Society, a non-profit regional education center with an address of 130 Waltham Street, Lexington, Massachusetts 02421 (the "Grantee"), and the Town of Lexington, a municipal corporation with its principal offices at 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420, acting by and through its Board of Selectmen (the "Town"): WHEREAS, the Grantee has sought funding from the Town pursuant to the Community Preservation Act, G.L. c. 4413, to cover a portion of the costs to fund the replacement of the lighting fixtures in its Parsons Gallery space (the "Project"); and WHEREAS, at the Town Meeting held on April 4. 2016, the Town voted to appropriate, under article 8(c), the sum of Twenty Four Thousand, Two Hundred and Eighty dollars ($24,280) from the Historic Resources Reserve of the Community Preservation Fund (the "Funds") for that purpose and authorized the Board of Selectmen to enter into an agreement with the Grantee; and WHEREAS, the remainder of the estimated total project cost of$12,000 will be raised from private funding-, and WHEREAS, the Town and the Grantee wish to memorialize herein the terms governing the disbursement of the Funds appropriated by the Town at Town Meeting, NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties agree as follows: 1. The Grantee agrees that the Funds shall be used to rehabilitate the lighting, system in lighting , Parsons Gallery by removing the existing light system and replacing it with an LED I - — t*.� t__ system designed to provide optimal light in an art gallery, thus making the structure fit for its intended use. The Grantee shall make no other use of the Funds. 2. The Grantee agrees to make copies of any drawings. plans or bid documents relatinc, to the Project available for inspection by the Town at the 'rown's request. Any documentation procured with the Funds shall be limited to work necessary or appropriate to carry out the Project, and shall be consistent with the rehabilitation of the space as an historic structure. 3. I n The Grantee agrees that the Town shall have the right to require written confirmation by the Grantee that the funds were used solely for the intended purpose. 1 4. The Grantee shall include, in any document or written report produced as a result of the Project, a statement that the Project was funded in part by the citizens of the Town of Lexington through the Community Preservation Act. Upon receipt of an invoice from any consultant, contractor or vendor working on the Project. the Grantee agrees to present a copy of said invoice to the Town. The Town shall then make payment to the Grantee. After Grantee makes payment to its consultant. contractor or vendor, Grantee shall provide the Town a copy of such payment in the form of a cancelled check. Such verification of payment shall be provided within '10 days of payment by Grantee. 6. If the Project is terminated prior to its completion, the Grantee shall provide the Town with a report of the extent of the work completed and total amount expended for this work. 7. TheTown's grant of funds to the Grantee is made with the understanding that the Town has no other obligation to provide other or additional support to the Grantee for the Project or otherwise. 8. The Town hereby certifies that the Funds have been duly appropriated and are currently available to meet the Town's obligations as stated in this agreement. (Remainder ofpage intentionally left blank) Executed under seal as of the date first set forth above. I-OWN OF LFXINGTON LEXINGTON ARTS AND CRAFTS By its Board of Selectmen: SOCIETY By. Suzanne E. Barry Robert Scherzer, Co-President Lexington Arts and Crafts Society Peter C.J, Kelley May Mc4-"),)na!d, C,--P-esi dent Lexington Arts and Crafts Society Norman P. Cohen Joseph N. Pato Michelle L. Ciccolo Approved for Availability of unds Acct. Comptroller AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Support Bedford's Nomination to the Boston Regional Metropolitan Planning Organization(5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.16 SUMMARY: The Boston Metropolitan Planning Organization(MPO) is legally charged with making recommendations on transportation projects to be funded with federal funds. Lexington has an at-large seat on the MPO. In addition, Lexington's interests are represented by the Minuteman Advisory Group on Interlocal Coordination (MAGIC), our sub-region planning agency. The MAGIC representative to the MPO, for a number of years, has been the Town of Bedford. Bedford wishes to remain as the MAGIC representative and is required to obtain endorsements from five other Boards of Selectmen. They have requested the Lexington Selectmen's support. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the 2016 MPO Election Nomination Papers from the Town of Bedford. FOLLOW-UP: TMO will return nomination papers to Bedford. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:15 PM ATTACHMENTS: Description Type D R:x1fi)irod Na>utiinationr,Q'ssperrs; Backup Matorrinl 2016 MPO Election Nomination Papers Nominated Community Name of Chief Elected /-- S. igna e Official Town of Bedford Michael Rosenberg Selectmen Chair Open MPO Seat Community MAGIC Seat Inner Core eat is Running For (only check one) MetroWest Seat South Shore Seat Endorsers Nominating Community Name of Chief Elected Signature Official Town of Lexington Individual endorsements may be attached as a separate letter but must specify the municipality and the official being nominated and must be signed by the chief elected official of the endorsing community. Please return in person or by mail By 5 PM on Friday,September 30,2016 to: Metropolitan Area Planning Council 60 Temple Place Boston,MA 02111 Phone inquiries to Eric Bourassa,MAPC(617)933 -0740 Paul Regan, MBTA Advisory Board(617)426-6054 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Appointment - Town Celebrations Committee (5 mins) PRESENTER: ITEM NUMBER: Suzanne Barry 1.17 SUMMARY: Town Celebrations Committee Sub-Committee You are being asked to appoint Glen Bassett to the Town Celebrations Committee Sub-Committee. SUGGESTED MOTION: Motion to appoint Glen Bassett to the Town Celebrations Committee Sub-Committee for a term to expire on June 30, 2017. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:20 PM ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Town Manager's Appointment to Council on Aging (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.18 SUMMARY: Request that the Board of Selectmen approve the Town Manager's appointment of Julie-Ann Shapiro to the Council on Aging. Ms. Shapiro has been a member since 2013 and is current with her Ethics Training. SUGGESTED MOTION: Move to approve the Town Manager's appointment of Julie-Ann Shapiro to the Council on Aging. FOLLOW-UP: TMO will send appointment letter. DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:25 PM ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Adjustments to Water & Sewer Charges (5 min) PRESENTER: ITEM NUMBER: David J P ins o nneault C.1 SUMMARY: Adjustments to Water& Sewer charges as recommended by WSAB $(17,452.88) SUGGESTED MOTION: Motion to approve the Water& Sewer adjustments as noted above. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:30 PM ATTACHMENTS: Description Type FY2016 ADJUSTMENTS TO WATER/SEWER a AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 1 OF 2 WSAB May 12,2016 ACCOUNT 0100021000 96 Bow Street ($384.21) ($1,081.33) ($1,465.54) 841083* 2016 0100965100 5 Kitson Park Drive ($43.20) ($297.41) ($340.61) B44784 2016 0100302200 265 Lowell Street ($1,403.43) ($6,233.22) ($7,636.65) 844715 2016 0100302300 265 Lowell Street ($729.58) ($2,863.44) ($3,593.02) 844716 2016 0100010400 718 Massachusetts Avenue ($164.61) ($464.99) ($629.60) 840952 2016 0100010400 9 Lillian Road $34.20 ($1,075.34) ($1,041.14) 836903 2016 0100136200 35 Chase Avenue ($594.82) ($1,343.24) ($1,938.06) 828240* 2016 0100301902 14 Fairlawn Lane ($638.10) ($638.10) 835671* 2016 0100296002 53 Peacock Farm Road ($170.16) ($170.16) 830305 2016 *Asterisk denotes multiple bills ($4,093.91) ($13,358.97) ($17,452.88) Continued to page 2 FY2016 ins ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD ,gyp„ PAGE 2 OF 2 WSAB May 12,2016 TOTALACCOUNT NBR STREET WATER SEWER BILL , . Carried over from Page 1 ($4 093.91) ($13,358.97) ($17,452.88) , ($4,093.91) ($13,358.97) ($17,452.88) piti,further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: ACCOUNT 0300669202 8 Conestoga Road 836406 2016 0300616002 2045 Massachusetts Avenue �, '. lea a 835711 2016 It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 34,calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($4,093.91) ($13,358.97) ($17,452.88) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 7/25/16 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Comptrollers Annual Review PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager C.2 SUMMARY: Approve the Town Comptroller's Annual Review, drafted by the Town Manager. SUGGESTED MOTION: Move to approve the Town Comptroller's Annual Review. FOLLOW-UP: TMO DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Calendar - FYI Street Acceptance Schedule ITEM PRESENTER: NUMBER: C.3 SUMMARY: Each year the Selectmen approves a schedule for the consideration of private ways to become public streets. This schedule is necessary because Town Meeting must approve the acceptance of any new public street and there are a number of steps leading up to this Town Meeting vote. SUGGESTED MOTION: Move to approve the FY17 Street Acceptance Schedule. FOLLOW-UP: DPW DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 ATTACHMENTS: Description Type D Street Accept three kia harcflide Backup Matorrinl TIME SEQUENCE FOR FY18 STREET ACCEPTANCE 1. November 14, 2016 Vote of intent to layout by the Board of Selectmen; Board of Selectmen to sign "Notice of Intention to Layout" and notify Planning Board and Constable; 2. January 9, 2017 By this date, written notice delivered to abutters by Constable informing them that the Board of Selectmen intend to vote to layout as public way; 3. January 23, 2017 Public Hearing by Board of Selectmen in regard to their intent to layout public ways; 4. February 6, 2017 Vote to layout public ways by Board of Selectmen; 5. February 27, 2017 On or before this date layout plans filed with the Town Clerk by the Town Engineer; 6. March 6, 2017 After this date and before the close of Town Meeting, acceptance of the layout by the Town at a Town Meeting. Within thirty (30) days of the date of acceptance of layout by the Town Meeting, adoption of an Order of Taking by eminent domain by the Board of Selectmen and an award of damages, if any; 7. Within thirty (30) days of adoption of the Order of Taking, recording in Registry of Deeds of said Order and any betterment by the Town Engineer. Approved by the Board of Selectmen at its meeting on July 25, 2016 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes and Executive Session Minutes PRESENTER: ITEM NUMBER: Suzanne Barry C.4 SUMMARY: The minutes of January 4, 2016, January 11, 2016, January 12, 2016 Public Meeting on Center Streetscape Project, January 14, 2016 Summit, January 19, 2016 Public Meeting on East Mass Ave Project, and January 25, 2016 are ready for your review and approval. The executive session minutes of January 4, 2016 (both sessions), January 11, 2016, January 14, 2016 (both sessions), and January 25, 2016 are ready for your review and approval. The minutes of May 2, 2016, May 9, 2016, May 17, 2016 Natural Gas Leaks Hearing, and May 23, 2016 are ready for your review and approval. The executive session minutes of May 2, 2016, May 5, 2016 (both sessions), May 17, 2016 and May 31, 2016 are ready for your review and approval. SUGGESTED MOTION: Motion to approve the minutes of January 4, 2016, January 11, 2016, January 12, 2016 Public Meeting on Center Streetscape Project, January 14, 2016 Summit, January 19, 2016 Public Meeting on East Mass Ave Project, and January 25, 2016. Motion to approve but not release the executive session minutes of January 4, 2016 (both sessions), January 11, 2016, January 14, 2016 (both sessions), and January 25, 2016. Motion to approve the minutes of May 2, 2016, May 9, 2016, May 17, 2016 Natural Gas Leaks Hearing, and May 23, 2016. Motion to approve but not release the executive session minutes of May 2, 2016, May 5, 2016 (both sessions), May 17, 2016 and May 31, 2016. FOLLOW-UP: Selectmen's Office DATE AND APPROXIlVIATE TIME ON AGENDA: 7/25/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One -Day Liquor License - Lexington Historical Society ITEM PRESENTER: NUMBER: C.5 SUMMARY: The Lexington Historical Society has requested a one-day liquor license to serve wine at their Fall Fundraiser to be held on Saturday, September 17, 2016 at 17 Solomon Pierce Road, Lexington from 5:00 p.m. to 8:00 p.m. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approximate Adjourn Time PRESENTER: ITEM NUMBER: SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 7/25/2016 10:35 PM