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HomeMy WebLinkAbout2016-08-30 BOS Packet - Released SELECTMEN'S MEETING Tuesday,August 30, 2016 Selectmen Meeting Room 9:00 AM AGENDA 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. Approve Right-of-Entry, Massachusetts Avenue Intersection Project 9:05 a.m. 2. Update-November Election Early Voting Initiative 9:15 a.m. ADJOURN 1. Approximate Adjourn Time 9:30 a.m. The next meeting of the Board of Selectmen is scheduled for Wednesday, September 7, 2016 at 4:00 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: Approve Right-of-Entry, Massachusetts Avenue Intersection Project PRESENTER: ITEM NUMBER: John Livsey, Town Engineer, David Cannon,Ass't Town Engineer I.1 SUMMARY: In order to facilitate the Mass Ave Three Intersection project the Town needs temporary rights-of-entry on approximately 90 parcels. Of these, approximately 60 people have donated the required land. The item before you is for temporary takings on the remaining parcels. The parcels have been appraised and are listed on the attached spreadsheet. Mass DOT needs this completed before proceeding with the project. Any delay could affect project funding. SUGGESTED MOTION: Move to approve the Orders of Taking regarding the East Massachusetts Avenue project providing the Town temporary rights-of-entry and award of damages on the listed parcels as presented on said Orders, in substantially the form presented to the Board, and authorize the Town Engineer and Town Counsel to take such steps as are necessary to effectuate said Orders of Taking. FOLLOW-UP: Engineering will work with Mass DOT to facilitate the project. DATE AND APPROXIMATE TIME ON AGENDA: 8/30/2016 9:05 a.m. ATTACHMENTS: Description Type D Q^a.rdoraWdAcquinsitu>nr 6uido n ylr / a.rg..TM rl;r:tia nr. D 7 xiargTMtou Apprais;,d Sunnntiuriry. Backup Matorinl d sproadshaxr t Backup Matorinl D kkrdorM V.akhigTM R gkistry Backup Matorinl D kkrdorM V"'.akhigTM LomACburt Backup Matorinl FEDERAL AID ACQUISITION GUIDE FOR PROPERTY OWNERS lig adh, xr, I � � I iw i a � r e 10/9/14 FEDERAL AID ACQUISITION GUIDE FOR PROPERTY ❑WNERS INTRODUCTION The purpose of this Guide is to summarize the land acquisition process, including eminent domain,for public projects funded partially or wholly with federal money for property owners affected by the land acquisition process.The term eminent domain and the process itself may be intimidating to some property owners. The objective of this Guide is to accomplish five objectives: • Explain the land acquisition process. • Explain the eminent domain procedure. • Inform property owners of their rights. • Address property owner concerns and allow them to know they have a voice in the process. • Answer the most frequently asked questions about the process. THE LAND ACQUISITION PROCESS Frequently, when the construction, relocation or modification of a bridge, road, rail trail or scenic byway is determined necessary for a public purpose, a municipality must acquire property interests from private property owners. There are a number of ways in which a municipality may obtain the needed property rights for the construction of a project. In most cases, either Town Meeting or a City Council has authorized the acquisitions. The property rights may be obtained voluntarily, through a certificate of donation, or through the process of eminent domain, where the municipality obtains an appraisal of the property interest and pays just compensation in accordance with the appraisal. The process commences with the development of a design for the project, and a public hearing held by MassDOT. MassDOT public hearings are held to obtain public input in governmental decision-making and provide a forum for the exchange of ideas during the official presentation of a proposed project. Project information, including design plans, are available to attendees at the public hearing. Members of the public have the opportunity to comment on the proposal being presented. A ROW Community Compliance Officer is in attendance at the public hearing to discuss potential impacts to property owners. All comments are carefully considered before the determination of the final design for a project is made. 10/9/14 After the public hearing, the design of the project is finalized and preliminary right-of-way plans are advanced to the next design stage. The right-of-way plans show the properties that will be impacted by the proposed project, and what property interests the municipality may need to acquire for construction purposes. When right-of-way plans are sufficient for ROW acquisition purposes, the municipality's Right of Way Representative will contact each affected property owner to arrange a meeting. At this meeting, a representative of the municipality will show the owner the right-of-way plans, discuss the potential impacts, and explain that they are entitled to an appraisal, to accompany the appraiser and just compensation as part of the property acquisiton process. If a meeting cannot be arranged that accommodates the property owner's schedule, the information will be sent certified mail return receipt requested to the property owner. The right-of-way plans help show the property owners why and how the property interests are being acquired. There are different types of acquisitions that may impact the owner's property. The municipality's Right of Way Representative will explain the different types of acquisitions, and explain how the property will be affected by the project being proposed. Property owners may wish to donate their parcels for the project's construction. To facilitate a donation the municipality must explain the acquisition process and inform the property owner of their right to have the municipality appraise their property, the right to accompany the appraiser and the right to receive just compensation for their property. The property owner may waive their rights to an appraisal and just compensation if they wish to donate and sign a Certificate of Donation stating that they waive their aforementioned rights. In order to be in compliance with the Federal Uniform Act, there can be no attempt by the municipality or its representatives to coerce property owners into reaching an agreement. If the process requires eminent domain, the municipality will hire and assign a Licensed Appraiser and Review Appraiser to assist in determining the amount of just compensation an owner will be paid. The Appraiser will contact the owner, and will welcome any information the owner can provide regarding the property. The assigned Appraiser must offer the property owner an opportunity to accompany them during the inspection of the impacted property. Completed appraisals must be acknowledged and reviewed by the assigned Review Appraiser. Before hiring an Appraiser and Review Appraiser, the municipality will consult with MassDOT to ensure both individuals meet MassDOT qualifications and are State certified and/or licensed. Upon completion, the appraisals will be delivered to MassDOT's Community Compliance Officer to be reviewed for consistency with Federal funding requirements. The municipality will determine the amount of just compensation to be paid to each owner based on the valuation prescribed by the appraisal, and prepare and deliver a written offer for the acquisition of the real property impacted by the proposed project. This offer will be delivered in person by a representative of the municipality, or sent by certified mail return receipt requested, and followed up with contact in person or by telephone. 10/9/14 The written offer will consist of a written summary that includes the following information: • The amount offered as just compensation. • The description and location of the property and the interest to be acquired. • Identification of buildings and other improvements that are considered to be real property. • The date of the appraisal. The municipality must allow the property owner a minimum of thirty (30) days to consider the written offer, ask questions, or seek clarification of anything that is not understood, before a meeting is held by the Select Board or City Council to vote upon the property acquisitions and award(s) of damages. If the owner believes that all relevant material was not considered during the appraisal, they may present such information during this thirty (30) day period. The municipality's Right of Way Representative should contact the property owner again during this time to see how the property owner feels about the offer. The municipality will attempt to accommodate reasonable requests that are made up until and during the Select Board or City Council meeting. After the Select Board or City Council vote on the property acquisitions, award(s) of damages, the Order of Taking, other instruments of conveyance, and the plans, the acquisition documents will be recorded at the appropriate Registry of Deeds. Property owners will be notified in writing of the acquisition(s) and the award of damages. Payment of the award must be tendered to the affected owners expeditiously after the recording at the Registry of Deeds. The eminent domain process is as unique and varied as the municipality that implements its procedures; however, those procedures are regulated by Massachusetts General Laws. The acquiring municipality must certify that they have followed the required guidelines to assure consistency when acquiring property for a proposed project. FREQUENTLY ASKED QUESTIONS How will owners be contacted? When a MassDOT construction project is proposed for funding, the municipality accepts the responsibility to acquire the necessary rights for the construction and implementation of that project. A representative from the municipality will contact each affected owner regarding the proposed impacts to their property. This individual will present the owner with ROW plans and discuss the potential impacts to the property. This communication may also, by necessity, take place by certified mail return receipt requested and/or telephone. The ROW plans are subject to change up until the time the plans 10/9/14 are voted by the Select Board or City Council. The owner will be notified of any changes or revisions impacting their property. Following the initial contact described above, the property owner will be contacted by a Licensed Appraiser. The property owner may, and is encouraged to, accompany the Appraiser and provide that individual with relevant information that will assist them in their valuation of the property. The Appraiser must offer the owner the opportunity to accompany them on the property inspection. How and when will impacted properties be acquired? Once all of the appraisals have been completed, and reviewed, and the award(s) of damages determined, the affected owners will be presented with a written offer of the amount of just compensation to be awarded. The written offer must be sent certified mailed return receipt requested or presented to affected owners at least thirty (30) days prior to a scheduled meeting of the Select Board or City Council to vote the property acquisitions and award(s) of damages. Once that meeting has occurred, the Order of Taking, describing the parcels to be acquired and the associated awards to be paid, is recorded, along with any relevant plans and instruments, at the appropriate Registry of Deeds. Owners will be notified that their property has been acquired by a "Notice of Taking", which will be sent to them immediately following the recording of the Order of Taking. The municipality has physical possession of the acquired parcels on the date that payment is tendered. When can I expect payment? Payment of the award(s) of damages must be tendered expeditiously after recording of the impacted parcels at the Registry of Deeds. How much will payment be? The amount of compensation an affected property owner will be paid is determined by the municipality based on the appraisal that was completed by the Appraiser and Review Appraiser that are hired by the municipality. What if the property owner is not satisfied with the amount of payment? A property owner who is not satisfied with the amount of the award of damages may present additional information to be considered by the municipality that could influence the value. If a property owner is still not satisfied with the amount of payment after the order of taking is filed they may bring suit against the municipality for up to three (3) years from the date of the recording of the Order of Taking. Matters of compensation should be addressed with the officials in your municipality. How soon will a project begin? After the property owner has received a written offer, a minimum of thirty (30) days later, the Select Board or City Council will meet to vote on the property acquisitions and award(s) of damages. Within thirty (30) days of that meeting the municipality must record the Order of Taking. After the recording at 10/9/14 the Registry of Deeds,the municipality must prepare and submit completed ROW acquisition documents to the Community Compliance Officer assigned to the project to be reviewed for consistency and conformity with State and Federal regulations governing the acquisition process. MassDOT's ROW Bureau will issue a ROW Certificate which certifies that all of the property interests necessary to construct the project have been acquired, and that the acquisition process complies with the Federal Uniform Act. The Federal Uniform Act requirements are critical whenever right-of-way is, or will be, required for a project. The Federal Uniform Act applies when Federal funds are used in any phase of a proposed project. Please see link below: httpVWww.fhwa.dot.gov/hep/legreq.htm#1 Once the ROW Certificate has been issued,the project is eligible to be advertised for construction. There are still many steps involved before construction gets started. After a project is advertised, construction will not begin until at least four months thereafter, and work may start substantially later, depending on many factors. The property owner is encouraged to contact their municipal officials with questions or concerns regarding the project and the anticipated schedule of activity. The municipality will have specific, updated information as the process advances. 10/9/14 Lexington Roadway Project-Summary of Takings Mailing Address(all MA) Address TE# Owner Lexington 02420 Unless Otherwise TE(sf) $ 1 7 Maple St. 84 Joseph Caruso and Tara-Fleming Caruso 7 Maple St. 98 $1,100 2 5 Maple St. 82 Ethan and Amanda Settembre 5 Maple St. 106 $500 3 4-6 Pleasant St. 78 Lori-Ann O'Brian and Elizabeth Proulx 4-6 Pleasant St. 419 $3,500 4 678 Mass Ave 8 Qiong Lin 678 Mass Ave 742 $3,800 5 789 Mass Ave 21 Joseph Tassone 39 Robinson Dr.,Bedford 01730 576 $5,600 6 801&805 Mass A. 23 APM&WCM Realty Trust 30 Constitution Rd.02421 94 $1,000 7 812 Mass Ave 22 Mohammed Salem 812 Mass Ave 326 $1,200 8 821 Mass Ave 25 Mohammed Salem 821 Mass Ave 409 $2,400 9 840 Mass Ave 26 John and Judith Brosnan 840 Mass Ave 141 $500 10 844-856 Mass Ave 28,A-D 844-856 Mass Ave Condominium 844 Mass Ave 02421 888 $10,400 11 847 Mass Ave 29 Penny Liu 847 Mass Ave 202 $1,700 12 859 Mass Ave 33 Kathy Wong-Lin and Zhi Fang Lin 21 Sylvia St.,02421 82 $650 13 881 Mass Ave 35 Helene Lundstrom Svahnqvist 881 Mass Ave 188 $600 14 898 Mass Ave 34 Ryan Vasan and Liesl Finn 898 Mass Ave 345 $1,600 15 922 Mass Ave 40 Edwin and Britta McCarthy 922 Mass Ave 130 $600 16 924-926 Mass Ave 42A&B 924-926 Mass Ave Condominum 926 Mass Ave 135 $500 17 925-927 Mass Ave 41 925-927 Mass Ave Condomium Trust 925-927 Mass Ave 346 $1,700 18 935 Mass Ave 43 Judith and John Denis 935 Mass Ave 430 $2,000 19 955 Mass Ave 45 Joseph and Lynne Welch 955 Mass Ave 38 $200 20 956 Mass Ave 44 Erik Kondo and Katherine Venzke 956 Mass Ave 173 $400 21 977 Mass Ave 47 David Ardito,Danya Ardito,and Andrea Ardito-Wilson 975 Mass Ave 65 $300 22 991 Mass Ave 49 Constantine and Nancy Eliades 991 Mass Ave 376 $2,400 23 996 Mass Ave 50 Richard and Barbara Michelson 54 Ashbury St.02421 85 $400 24 1009-1049 Mass A. 53 East Village Square Condominium 1019 Mass Ave 1,572 $5,100 25 1024 Mass Ave 54 The Reed Institute 3203 Woodstock Ave,Portland,OR 97202 21 $100 26 1062 Mass Ave 60 Nathaniel and Stephanie Roberts 1062 Mass Ave 87 $300 27 1071 Mass Ave 57 Jaun Patarroyo and Suzannah Patarroyo-White 1071 Mass Ave 338 $2,200 28 1109 Mass Ave 61 Andrew Dickholtz and Jeannine Hunt 1109 Mass Ave 600 $2,700 29 1115 Mass Ave 63 Casimir Groblewski and Teresa Zabik 1115 Mass Ave 375 $2,500 30 1116 Mass Ave 66 Randall Conrad and Christine Dall 1116 Mass Ave 322 $1,500 31 1122 Mass Ave 68 Gerald and Kathryn Lanson 1122 Mass Ave 297 $1,400 32 1130 Mass Ave 70 Apostolos and Heidi Goulopoulos 1130 Mass Ave 215 $800 33 1139 Mass Ave 69 James and Kyoko Feeney 1139 Mass Ave 102 $500 34 1155 Mass Ave 73 Robert and Barbara Fiske 1155 Mass Ave 81 $200 35 11 Byron Ave 87 11 Byron Avenue,LLC 37 Barberry Rd.02421 518 $1,200 TOTALS 10,922 $61,550 Lexington Roadway Project-Summary of Takings Mailing Address(all MA) Address TE# Owner Lexington 02420 Unless Otherwise TE(sf) $ 1 7 Maple St. 84 Joseph Caruso and Tara-Fleming Caruso 7 Maple St. 98 $1,100 2 5 Maple St. 82 Ethan and Amanda Settembre 5 Maple St. 106 $500 3 4-6 Pleasant St. 78 Lori-Ann O'Brian and Elizabeth Proulx 4-6 Pleasant St. 419 $3,500 4 678 Mass Ave 8 Qiong Lin 678 Mass Ave 742 $3,800 5 789 Mass Ave 21 Joseph Tassone 39 Robinson Dr.,Bedford 01730 576 $5,600 6 801&805 Mass A. 23 APM&WCM Realty Trust 30 Constitution Rd.02421 94 $1,000 7 812 Mass Ave 22 Mohammed Salem 812 Mass Ave 326 $1,200 8 821 Mass Ave 25 Mohammed Salem 821 Mass Ave 409 $2,400 9 840 Mass Ave 26 John and Judith Brosnan 840 Mass Ave 141 $500 10 844-856 Mass Ave 28,A-D 844-856 Mass Ave Condominium 844 Mass Ave 02421 888 $10,400 11 847 Mass Ave 29 Penny Liu 847 Mass Ave 202 $1,700 12 859 Mass Ave 33 Kathy Wong-Lin and Zhi Fang Lin 21 Sylvia St.,02421 82 $650 13 881 Mass Ave 35 Helene Lundstrom Svahnqvist 881 Mass Ave 188 $600 14 898 Mass Ave 34 Ryan Vasan and Liesl Finn 898 Mass Ave 345 $1,600 15 922 Mass Ave 40 Edwin and Britta McCarthy 922 Mass Ave 130 $600 16 924-926 Mass Ave 42A&B 924-926 Mass Ave Condominum 926 Mass Ave 135 $500 17 925-927 Mass Ave 41 925-927 Mass Ave Condomium Trust 925-927 Mass Ave 346 $1,700 18 935 Mass Ave 43 Judith and John Denis 935 Mass Ave 430 $2,000 19 955 Mass Ave 45 Joseph and Lynne Welch 955 Mass Ave 38 $200 20 956 Mass Ave 44 Erik Kondo and Katherine Venzke 956 Mass Ave 173 $400 21 977 Mass Ave 47 David Ardito,Danya Ardito,and Andrea Ardito-Wilson 975 Mass Ave 65 $300 22 991 Mass Ave 49 Constantine and Nancy Eliades 991 Mass Ave 376 $2,400 23 996 Mass Ave 50 Richard and Barbara Michelson 54 Ashbury St.02421 85 $400 24 1009-1049 Mass A. 53 East Village Square Condominium 1019 Mass Ave 1,572 $5,100 25 1024 Mass Ave 54 The Reed Institute 3203 Woodstock Ave,Portland,OR 97202 21 $100 26 1062 Mass Ave 60 Nathaniel and Stephanie Roberts 1062 Mass Ave 87 $300 27 1071 Mass Ave 57 Jaun Patarroyo and Suzannah Patarroyo-White 1071 Mass Ave 338 $2,200 28 1109 Mass Ave 61 Andrew Dickholtz and Jeannine Hunt 1109 Mass Ave 600 $2,700 29 1115 Mass Ave 63 Casimir Groblewski and Teresa Zabik 1115 Mass Ave 375 $2,500 30 1116 Mass Ave 66 Randall Conrad and Christine Dall 1116 Mass Ave 322 $1,500 31 1122 Mass Ave 68 Gerald and Kathryn Lanson 1122 Mass Ave 297 $1,400 32 1130 Mass Ave 70 Apostolos and Heidi Goulopoulos 1130 Mass Ave 215 $800 33 1139 Mass Ave 69 James and Kyoko Feeney 1139 Mass Ave 102 $500 34 1155 Mass Ave 73 Robert and Barbara Fiske 1155 Mass Ave 81 $200 35 11 Byron Ave 87 11 Byron Avenue,LLC 37 Barberry Rd.02421 518 $1,200 TOTALS 10,922 $61,550 ORDER OF TAKING WHEREAS, the TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and through its Board of Selectmen, having a mailing address of 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420 (the "Town") hereby certify that the Town did vote to acquire by purchase, donation or eminent domain a temporary easement in, over, across, upon and under portions of land identified as "Parcel TE-8", "Parcel TE-21", "Parcel TE-22" "Parcel TE-23" "Parcel TE-25" "Parcel TE-26" "Parcel TE-28" "Parcel TE- 33", "Parcel TE-35", "Parcel TE-40", "Parcel TE-41", "Parcel TE-42", "Parcel TE-43", "Parcel TE-44" "Parcel TE-47" "Parcel TE-49" "Parcel TE-50" "Parcel TE-53" "Parcel TE-54" "Parcel TE-57" "Parcel TE-60" "Parcel TE-66" "Parcel TE-68" "Parcel TE-69" "Parcel TE- 70", "Parcel TE-73", "Parcel TE-78", "Parcel TE-82", and "Parcel TE-84" on that certain plan entitled "Massachusetts Department of Transportation, Highway Division, Massachusetts Avenue Roadway Improvements in the Town of Lexington, Middlesex County, Preliminary Right of Way" dated 2016 prepared by BSC Group and recorded with the Middlesex South Registry of Deeds (the "Reg'st y") simultaneously herewith (collectively, the Properties"), now or formerly owned by those certain owners set forth in Appendix A attached hereto (collectively, the "Owners")under those certain deeds set forth in Appendix A; WHEREAS, the Town has deemed that public necessity and convenience require that it should take charge of and take by eminent domain temporary easement rights in the Properties for the construction of roadway improvements for the East Massachusetts Avenue Roadway Improvement Project to mitigate congestion and address safety concerns for vehicles, cyclists and pedestrian (the "Project"); and WHEREAS, the taking was authorized by a two-thirds vote at Annual Town Meeting held on April 11, 2016 pursuant to Article 10(g), a copy of which vote is recorded herewith. NOW, THEREFORE, we, the undersigned Selectmen of the Town of Lexington, acting herein under the authority conferred on us by Chapters 40 and 79 of the General Laws, do hereby 1 (A0389876.3} adopt this Order of Taking to take, on behalf of the Town, the following temporary easement interests and rights in, over, across, upon and under the Properties: 1. A temporary exclusive right and easement for a period of thirty-six (36) months from the date of recording of this Order of Taking (the "Duration Period") to: (a) utilize the Properties for the construction of roadway improvements for the Project and for all purposes for which public ways are used in the Town of Lexington, including, without limitation, for temporary storage of materials, and equipment, and as a laydown area; (b) clear and keep cleared by physical, chemical or other means the Properties of trees, underbrush and above and below ground buildings, improvements or structures (except for those improvements and structures completed or constructed by the Town of Lexington or its designees in connection with the construction, reconstruction, installation, repair, maintenance, use, inspection, additions to the Project); (c) pass and repass on foot and with vehicles and equipment along the Properties as is reasonable, necessary, and proper in connection with the exercise of the rights and easements taken herein; and (d) excavate, remove soils from, fill and/or change the grade of the Properties as is reasonable, necessary, and proper in connection with the exercise of rights and easements taken herein. 2. No acts are permitted within the Properties which are inconsistent with the rights and easements hereby taken; no permanent or temporary buildings, improvements or structures, or replacements thereof or additions thereto, or any other obstructions will be erected or constructed above or below grade within the Properties (except for those improvements and structures completed or constructed by the Town of Lexington or its designees in connection with the construction, reconstruction, installation, repair, maintenance, use, inspection, or additions to the Project); other than as permitted hereunder, the present grade or ground level of the Properties will not be changed or altered by the Owners of the Properties or others holding rights in the underlying properties by excavation or filling; and the rights and easements taken herein and the location of the Properties may not be changed or modified in whole or in part without the express written consent of the Town, which the Town may withhold in its sole discretion. 3. All the rights and easements aforesaid and any and all additional and/or incidental rights over the Properties needed to construct, reconstruct, install, repair, replace, maintain, use, inspect, add to or otherwise change the Project; the Owners execute, acknowledge and deliver to the Town such further deeds or instruments as may be necessary to secure to the Town the rights and easements intended to be herein taken. 4. The rights and easements described herein constitute easements in gross for the benefit of the Town and its assigns and these provisions shall run with the land of the Owners and shall inure to the benefit and bind the respective legal representatives, successors and assigns of the Owners. It is the intention that the rights and easements taken herein for the benefit of the Town shall be assignable 2 (A0389876.3} in whole or in part and that they shall be divisible among two or more owners, as to any rights created hereunder, so that each assignee or owner shall have the full rights and privileges herein taken, to be owned and enjoyed by either in common or severally. AND FURTHER ORDERED that included in this taking are all trees, roadway improvements and all structures located in, over, across, upon and under the Properties, including but not limited to structures for the collection of storm drainage and sewerage, but not including wires, cables, poles, towers, pipes, conduits and other appurtenances for the conveyance of gas, electricity, cable television or telephone communication located in or upon said parcel. AND FURTHER ORDERED that in accordance with the provisions of M.G.L. Chapter 79, as amended, awards as set forth in Appendix A are made. The Town reserves the right to amend the awards at any time prior to the payment thereof for good cause shown. AND FURTHER ORDERED that no betterments are to be assessed under this Taking. AND FURTHER ORDERED that a representative of the Town shall record this Order of Taking in the Registry within thirty (30) days from its final passage, shall notify the Treasurer and Collector of Taxes in the Town of Lexington of this taking in accordance with M.G.L. Chapter 79, and shall cause notice of the taking to be given to all persons entitled thereto and do all things necessary for the validity of this Order of Taking. [Signatures to appear on next page.] 3 (A0389876.3} IN WITNESS WHEREOF, we, the Board of Selectmen, have executed this Order of Taking this day of , 2016. TOWN OF LEXINGTON BOARD OF SELECTMEN Suzanne E. Barry Michelle L. Ciccolo Peter C.J. Kelley Norman P. Cohen Joseph N. Pato The Commonwealth of Massachusetts Middlesex County, ss. On this day of , 2016, before me, the undersigned Notary Public, personally appeared ,memb ers of the Board of Selectmen for the Town of Lexington, proved to me through satisfactory evidence of identification which was , to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 4 (A0389876.3} Appendix "A" Record Owner: QIONG LIN Parcel Address: 678 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 64062, Page 11 Mailing Address: 678 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-8 Area: 742 sq. ft. Award: $3,800 Record Owner: JOSEPH TASSONE Parcel Address: 789 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 17461, Page 168; Book 52230, Page 164; Book 62591, Page 110 Mailing Address: 38 ROBINSON DRIVE, BEDFORD, MA 01730 Interests Taken: Parcel TE-21 Area: 576 sq. ft. Award: $5,600 Record Owner: MOHAMMED SALEM Parcel Address: 812-814 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 53623, Page 166 Mailing Address: 821 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-22 Area: 326 sq. ft. Award: $1,200 Record Owner: APM& WCM REALTY TRUST Parcel Address: 801 & 805 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 12630, Page 030 Mailing Address: 30 CONSTITUTION RD. LEXINGTON, MA 02421 Interests Taken: Parcel TE-23 Area: 94 sq. ft. Award: $1,000 Record Owner: MOHAMMED A. SALEM Parcel Address: 821-823 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 30224, Page 193 Mailing Address: 821 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-25 Area: 409 sq. ft. Award: $2,400 Record Owner: JOHN F. BROSNAN AND JUDITH L. BROSNAN i (A0389876.3} Parcel Address: 840 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 25699, Page 187 Mailing Address: 840 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-26 Area: 141 sq. ft. Award: $500 Record Owner: 844-856 MASS AVE LEXINGTON REALTY TRUST Parcel Address: 844-856 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 17737, Page 173 Mailing Address: 844 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcels TE-28 A-D Area: 888 sq. ft. Award: $10,400 Record Owner: ZHI FANG LIN Parcel Address: 859 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 31035, Page 583 Mailing Address: 21 SYLVIA ST, LEXINGTON, MA 02421 Interests Taken: Parcel TE-33 Area: 82 sq. ft. Award: $650 Record Owner: HELENE LUNDSTROM SVAHNQVIST Parcel Address: 883-881 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 59329, Page 449 Mailing Address: 881 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-35 Area: 188 sq. ft. Award: $600 Record Owner: EDWIN J. MCCARTHY III, TRUSTEE OF THE EDWIN J. MCCARTHY, III INVESTMENT TRUST AND BRITTA W. MCCARTHY, TRUSTEE OF THE BRITTA W. MCCARTHY INVESTMENT TRUST Parcel Address: 922 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 64461, Page 185 Mailing Address: 922 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-40 Area: 130 sq. ft. Award: $600 Record Owner: 925-927 MASSACHUSETTS AVENUE CONDOMINIUM TRUST Parcel Address: 925-927 MASSACHUSETTS AVE, LEXINGTON, MA 02420 ii (A0389876.3} Record Title: Book 64776, Page 199 Mailing Address: 925 MASSACHUSETTS AVE, LEXINGTON, MA 02420 927 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-41 Area: 346 sq. ft. Award: $1,700 Record Owner: 924-926 MASSACHUSETTS AVENUE CONDOMINIUM TRUST Parcel Address: 924-926 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 200115, Page 424 Mailing Address: 924 MASSACHUSETTS AVE, LEXINGTON, MA 02420 926 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-42 Area: 499 sq. ft. Award: $500 Record Owner: JUDITH E. DENIS AND JOHN F. DENIS Parcel Address: 935 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 13205, Page 236; Book 35583, Page 175; Mailing Address: 935 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-43 Area: 430 sq. ft. Award: $2,000 Record Owner: ERIK P. KONDO AND KATHERINE M. VENZKE Parcel Address: 956-958 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 44876, Page 537 Mailing Address: 956 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-44 Area: 173 sq. ft. Award: $400 Record Owner: DAVID P. ARDITO AND ANDREA ARDITO-WINSON PAUL E. ARDITO FAMILY TRUST Parcel Address: 975-977 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 67398, Page 532; Book 67398, Page 534; Mailing Address: 975 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-47 Area: 65 sq. ft. Award: $300 Record Owner: NANCY ELIADES Parcel Address: 991-993 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 16726, Page 127 iii (A0389876.3} Mailing Address: 7 LARCHMONT LANE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-49 Area: 376 sq. ft. Award: $2,400 Record Owner: ATUL JAIN AND SIPRA JAIN Parcel Address: 996 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 66941, Page 77 Mailing Address: 996 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-50 Area: 85 sq. ft. Award: $400 Record Owner: EAST VILLAGE SQUARE CONDOMINIUM TRUST Parcel Address: 1009-1049 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 13015, Page 201 Mailing Address: C/O ALEX DOLGIN, 1019 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-53 Area: 1572 sq. ft. Award: $5,100 Record Owner: THE REED INSTITUTE, TRUSTEE OF RONALD A. LAING CHARITABLE REMAINDER UNITRUST Parcel Address: 1024 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 65392, Page 359 Mailing Address: LAING CHARITABLE REMAINDER UNITRUST, 3203 SE WOODSTOCK BLVD, PORTLAND, OR 927202 Interests Taken: Parcel TE-54 Area: 21 sq. ft. Award: $100 Record Owner: JUAN PATARROYO AND SUSANNAH PATARROYO-WHITE Parcel Address: 1071-1073 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 56801, Page 209 Mailing Address: 1071 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-57 Area: 338 sq. ft. Award: $2,200 Record Owner: NATHANIEL C. ROBERTS AND STEPHANIE M. ROBERTS Parcel Address: 1062 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 67186, Page 109 Mailing Address: 1062 MASSACHUSETTS AVE, LEXINGTON, MA 02420 iv (A0389876.3} Interests Taken: Parcel TE-60 Area: 87 sq. ft. Award: $300 Record Owner: RANDALL CONRAD AND CHRISTINE DALL Parcel Address: 1116 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 26538, Page 595 Mailing Address: 1116 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-66 Area: 322 sq. ft. Award: $1,500 Record Owner: GERALD F. LANSON AND KATHRYN A. LANSON Parcel Address: 1122 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 30365, Page 174 Mailing Address: 1122 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-68 Area: 297 sq. ft. Award: $1,400 Record Owner: JAMES P. FEENEY AND KYOKO H. FEENEY Parcel Address: 1139 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 30639, Page 395 Mailing Address: 1139 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-69 Area: 102 sq. ft. Award: $500 Record Owner: APOSTOLOS GOULOPOULOS AND HEIDI GOULOPOULOS Parcel Address: 1130 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 19994, Page 241 Mailing Address: 1130 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-70 Area: 215 sq. ft. Award: $800 Record Owner: GOPALA SHENOY AND PALLAVI SHENOY Parcel Address: 1155 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Record Title: Book 67684, Page 591 Mailing Address: 1155 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-73 Area: 81 sq. ft. Award: $200 Record Owner: LORRIANN O'BRIEN AND ELIZABETH MARIA PROULX v (A0389876.3} Parcel Address: 4-6 PLEASANT STREET, LEXINGTON, MA 02421 Record Title: Book 51883, Page 315 Mailing Address: 403 DAVIS RD, BEDFORD, MA 01730 Interests Taken: Parcel TE-78 Area: 419 sq. ft. Award: $3,500 Record Owner: ETHAN C. SETTEMBRE & AMANDA J. SETTEMBRE Parcel Address: 5 MAPLE STREET, LEXINGTON, MA 02420 Record Title: Book 53268, Page 343 Mailing Address: 5 MAPLE STREET, LEXINGTON, MA 02420 Interests Taken: Parcel TE-82 Area: 106 sq. ft. Award: $500 Record Owner: JOSEPH C. CARUSO AND TARA FLEMING-CARUSO Parcel Address: 7 MAPLE STREET, LEXINGTON, MA 02420 Record Title: Book 50475, Page 402 Mailing Address: 7 MAPLE STREET, LEXINGTON, MA 02420 Interests Taken: Parcel TE-84 Area: 98 sq. ft. Award: $1,100 vi (A0389876.3} ORDER OF TAKING WHEREAS, the TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and through its Board of Selectmen, having a mailing address of 1625 Massachusetts Avenue, Lexington, Middlesex County, Massachusetts 02420 (the "Town") hereby certify that the Town did vote to acquire by purchase, donation or eminent domain a temporary easement in, over, across, upon and under portions of land identified "Parcel TE-29", "Parcel TE-34, "Parcel TE-61", "Parcel TE-63", and "Parcel TE-87, on that certain plan entitled "Massachusetts Department of Transportation, Highway Division, Massachusetts Avenue Roadway Improvements in the Town of Lexington, Middlesex County, Preliminary Right of Way" dated August , 2016 prepared by BSC Group and filed with the Middlesex South Registry District of the Land Court (the "Land Court") simultaneously herewith (collectively, the Properties"), which Properties, current owners and Deed filing information is set forth in Appendix A attached hereto and incorporated herein by reference (collectively, the"Owners"); WHEREAS, the Town has deemed that public necessity and convenience require that it should take charge of and take by eminent domain temporary easement rights in the Properties for the construction of roadway improvements for the East Massachusetts Avenue Roadway Improvement Project to mitigate congestion and address safety concerns for vehicles, cyclists and pedestrian (the "Project"); and WHEREAS, the taking was authorized by a two-thirds vote at Annual Town Meeting held on April 11, 2016 pursuant to Article 10(g), a copy of which vote is filed herewith. NOW, THEREFORE, we, the undersigned Selectmen of the Town of Lexington, acting herein under the authority conferred on us by Chapters 40 and 79 of the General Laws, do hereby adopt this Order of Taking to take, on behalf of the Town, the following temporary easement interests and rights in, over, across, upon and under the Properties: 1. A temporary exclusive right and easement for a period of thirty-six (36) months from the date of filing of this Order of Taking (the "Duration Period") to: (a) utilize the Properties for the construction of roadway improvements for the Project and for all purposes for which public ways are used in the Town of Lexington, including, without limitation, for temporary storage of materials, and equipment, and as a laydown area; (b) clear and keep cleared by physical, 1 (A0389233.3} chemical or other means the Properties of trees, underbrush and above and below ground buildings, improvements or structures (except for those improvements and structures completed or constructed by the Town of Lexington or its designees in connection with the construction, reconstruction, installation, repair, maintenance, use, inspection, additions to the Project); (c) pass and repass on foot and with vehicles and equipment along the Properties as is reasonable, necessary, and proper in connection with the exercise of the rights and easements taken herein; and (d) excavate, remove soils from, fill and/or change the grade of the Properties as is reasonable, necessary, and proper in connection with the exercise of rights and easements taken herein. 2. No acts are permitted within the Properties which are inconsistent with the rights and easements hereby taken; no permanent or temporary buildings, improvements or structures, or replacements thereof or additions thereto, or any other obstructions will be erected or constructed above or below grade within the Properties (except for those improvements and structures completed or constructed by the Town of Lexington or its designees in connection with the construction, reconstruction, installation, repair, maintenance, use, inspection, or additions to the Project); other than as permitted hereunder, the present grade or ground level of the Properties will not be changed or altered by the Owners of the Properties or others holding rights in the underlying properties by excavation or filling; and the rights and easements taken herein and the location of the Properties may not be changed or modified in whole or in part without the express written consent of the Town, which the Town may withhold in its sole discretion. 3. All the rights and easements aforesaid and any and all additional and/or incidental rights over the Properties needed to construct, reconstruct, install, repair, replace, maintain, use, inspect, add to or otherwise change the Project; the Owners execute, acknowledge and deliver to the Town such further deeds or instruments as may be necessary to secure to the Town the rights and easements intended to be herein taken. 4. The rights and easements described herein constitute easements in gross for the benefit of the Town and its assigns and these provisions shall run with the land of the Owners and shall inure to the benefit and bind the respective legal representatives, successors and assigns of the Owners. It is the intention that the rights and easements taken herein for the benefit of the Town shall be assignable in whole or in part and that they shall be divisible among two or more owners, as to any rights created hereunder, so that each assignee or owner shall have the full rights and privileges herein taken, to be owned and enjoyed by either in common or severally. AND FURTHER ORDERED that included in this taking are all trees, roadway improvements and all structures located in, over, across, upon and under the Properties, including but not limited to structures for the collection of storm drainage and sewerage, but not including wires, cables, poles, towers, pipes, conduits and other appurtenances for the 2 (A0389233.3} conveyance of gas, electricity, cable television or telephone communication located in or upon said parcel. AND FURTHER ORDERED that in accordance with the provisions of M.G.L. Chapter 79, as amended, awards as set forth in Appendix A are made. The Town reserves the right to amend the awards at any time prior to the payment thereof for good cause shown. AND FURTHER ORDERED that no betterments are to be assessed under this Taking. AND FURTHER ORDERED that a representative of the Town shall file this Order of Taking in the Land Court within thirty (30) days from its final passage, shall notify the Treasurer and Collector of Taxes in the Town of Lexington of this taking in accordance with M.G.L. Chapter 79, and shall cause notice of the taking to be given to all persons entitled thereto and do all things necessary for the validity of this Order of Taking. [Signatures to appear on next page.] 3 (A0389233.3} IN WITNESS WHEREOF, we, the Board of Selectmen, have executed this Order of Taking this day of August, 2016. TOWN OF LEXINGTON BOARD OF SELECTMEN Suzanne E. Barry Michelle L. Ciccolo Peter C.J. Kelley Norman P. Cohen Joseph N. Pato The Commonwealth of Massachusetts Middlesex County, ss. On this day of , 2016, before me, the undersigned Notary Public, personally appeared members of the Board of Selectmen for the Town of Lexington, proved to me through satisfactory evidence of identification which was , to be the persons whose names are signed on the preceding or attached document and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: 4 (A0389233.3} Appendix "A" Owner: THE PENNY LIU TRUST Parcel Address: 847 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Title: Document No. 1719754, Certificate of Title No. 261306 Mailing Address: 30 GATEWAY, WINCHESTER, MA 01890 Interests Taken: Parcel TE-29 Area: 202 sq. ft. Award: $1,700 Owner: REINER M. JAEGER AND STEPHANIE TOZZO Parcel Address: 898 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Title: Document No. 1697712, Certificate of Title No. 259156 Mailing Address: 898 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-34 Area: 345 sq. ft. Award: $1,600 Owner: ANDREW J. DICKHOLTZ AND JEANNINE W. HUNT Parcel Address: 1109 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Title: Document No. 1659754, Certificate of Title No. 255530 Mailing Address: 1109 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-61 Area: 600 sq. ft. Award: $2700 Owner: CASIMIR R. GROBLEWSKI AND TERESA M. ZABIK Parcel Address: 1115 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Title: Document No.1541398, Certificate of Title No. 247183 Mailing Address: 1115 MASSACHUSETTS AVE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-63 Area: 375 sq. ft. Award: $2,500 Owner: 11 BYRON AVENUE, LLC Parcel Address: 11 BYRON AVENUE, LEXINGTON, MA 02420 Title: Document No. 1707098, Certificate of Title No. 260113 Mailing Address: 11 BYRON AVENUE, LEXINGTON, MA 02420 Interests Taken: Parcel TE-87 Area: 518 sq. ft. Award: $1,200 i (A0389233.3} AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -November Election Early Voting Initiative PRESENTER: ITEM NUMBER: Nadie Rice, Town Clerk 1.2 SUMMARY: The Town Clerk will review with the Board the proposed plan for Early Voting at the November Presidential Election. Previously, the Town Clerk had proposed Thursday night voting hours (until 8 pm.) in addition to the mandatory office hours of the Town Clerk's Office(8:30am to 4:30pm). Having attended a Mass City and Town Clerk's conference last week, she suggests that Lexington be prepared to conduct Early Voting on Saturday, October 29th from 9am to 3p.m to best meet the needs of Lexington's voters. Below are the estimates for the cost of Early Voting under various scenarios. After a decision is made regarding hours of Early Voting, these figures will be reviewed with the Assistant Town Manager for Finance, as a supplemental appropriation for FY17 will be required at the upcoming Special Town Meeting. Estimated cost of Early Voting M-F with late Thursday evenings: $5,038.00 Estimated cost of Saturday hours, 9-3 with Police Detail and Custodian: $1,166.00 Estimated Total with Saturday and Thursday p.m. hours: $6,249.00 The State Elections division has informed us that they will be granting funds for communities that have Saturday Early Voting hours. The grant is for $1,500 for 4 hours of Early Voting for communities with Lexington's number of registered voters, with an incentive for an extra$250 for each additional two-hour time period. If Lexington holds Early Voting for a six hour period on Saturday, October 29th, the estimated cost of $6,249 would be offset by $1,750 in State grant funds. This would result in an estimated Total cost to Lexington of$4,499— or$4,500 for planning purposes. SUGGESTED MOTION: No vote required. FOLLOW-UP: Town Clerk's Office will implement the Early Voting procedures. DATE AND APPROXIlVIATE TIME ON AGENDA: 8/30/2016 9:15 a.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approximate Adjourn Time ITEM PRESENTER: NUMBER: 1. SUMMARY: SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 8/30/2016 9:30 a.m.