HomeMy WebLinkAbout2017-04-12 BOS Packet - Released SELECTMEN'S MEETING
Wednesday,April 12, 2017
Selectmen's Meeting Room
6:00 PM
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 Parklet on Massachusetts Avenue(5 min.) 6:00 p.m.
2. Amend Charge: Housing Partnership Committee(5 min.) 6:05 p.m.
3. Discovery Day Discussion(10 min) 6:10 p.m.
4. Approve and Sign Letter to MBTA RE: RIDE Premium Service Area(5 min.) 6:20 p.m.
5. Review Memorandum of Agreement with Brookhaven for PILOT and Affordable 6:25 p.m.
Housing Mitigation Payments (10 min.)
6. Selectmen Committee Appointment/Reappointment(5 min.) 6:35 p.m.
7. Article Positions & Presenters ATM 2017 (5 min.) 6:40 p.m.
CONSENT AGENDA
1. Approve and Sign 2017 Minuteman Cane Award Proclamation
2. Sign 2017 Outstanding Youth of Lexington Awards
3. Approve Town Manager's Vacation Request
ADJOURN
1. Anticipated Adjournment 6:50 p.m.
The next meeting of the Board of Selectmen is scheduled for Monday,April 24, 2017 at 6:00 p.m.
in the Selectmen Meeting Room, Town Hall, 1625 Massachusetts Avenue.
Hearing Assistance Device.v Available on Reque.vt �� �� �
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 Parldet on Massachusetts Avenue (5 min.)
PRESENTER: ITEM
NUMBER:
Melisa Tintocalis, Economic
Development Director I.1
SUMMARY:
A vote is requested for this agenda item.
For the past three years, the Town has installed a parklet in two parking spaces on Massachusetts Avenue, near
the Ride Studio Cafe. It has been extensively used by the public. Staff is recommending that this parklet be
installed again in 2017.
SUGGESTED MOTION:
Move to authorize the installation of the Massachusetts Avenue parklet from the first week of May to the last
week of October, in two parking spaces in the vicinity of the Ride Studio Cafe.
FOLLOW-UP:
ED O and DPW will coordinate the installation of the parklet.
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:00 p.m.
ATTACHMENTS:
Description Type
D StaflRarquost CbvorMom)
Town of Lexington
Economic Development Office
1625 Massachusetts Ave.
Lexington,MA 02420
Memorandum
To: Carl Valente
From: Melisa Tintocalis, Economic Development Director
Date: April 10, 2017
RE: Request to install the Public Parklet
This memo is to request that the Board of Selectmen approve the installation of the public parklet
at 1720 Massachusetts Avenue the first week May through the last week of October, 2017.
Lexington's public parklet converts two vehicle parking spaces into a mini-park creating outdoor
seating for approximately 15 people and bike parking for up to 18 bicycles. In 2014, Lexington
was the first town in Massachusetts to install the parklet for public space. The parklet is a
seasonal installation removed in during the winter months.
Parklets are growing in popularity in communities across the United States as a way to increase
social spaces and activate retail corridors, and have been shown to create economic benefits by
increasing foot and bike traffic, as well as inviting business customers to stay longer. The Center
Committee, Tourism Committee, and Bicycle Committee, have expressed support for the annual
return of the parklet.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Amend Charge: Housing Partnership Committee (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.2
SUMMARY:
The Housing Partnership Committee has requested that the charge be amended to reflect the following:
• Change to Nine(9) Voting Members
• Change to Six(6) Liaisons
• Change the LexHAB representation from Voting Member to Liaison
• Change the Council on Aging representation from Liaison to Voting Member
Revisions to the Responsibilities section of the charge were made to more accurately describe the activities of
the partnership. This section now reads:
1. Identify local, state and federal housing resources available to the Town and to residents seeking affordable
housing;
2. Advocate for land use regulations and zoning bylaws to increase affordable housing stock;
3. Develop and modify affordable housing strategies based on the Planning Board's Comprehensive Plan;
4. Increase public awareness through public information and forums;
5. Assist with land or properties acquisition suitable for development of affordable housing;
6. Make recommendations on particular housing proposals; and
7. Advise the Selectmen and Planning Board to aid in their decision-making process.
SUGGESTED MOTION:
Move to amend the charge of the Housing Partnership Committee as described.
FOLLOW-UP:
Selectmen's Office.
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:05 p.m.
ATTACHMENTS:
Description Type
D Housing Partnership C nr nr.g..e Rackup Matorrinl
HOUSING PARTNERSHIP BOARD
Members: 9 voting members and 6 liaisons
Appointed By: Selectmen (6 member); Designated Board and Committees (3 member)
Length of Term: Three years
Appointments Made: September 30
Meeting Times: As Posted
Description: The Charge of the Lexington Housing Partnership is to promote and support affordable
housing activities and recommend appropriate actions. The Partnership will bring together committees,
groups and housing advocates to create a unified and focused approach to achieve affordable housing goals
in Lexington.
Responsibilities: The Partnership will work with other community organizations to support the goal of
affordable housing by taking the following actions:
I. Identify local, state and federal housing resources available to the Town and to residents seeking
affordable housing,
2. Advocate for land use regulations and zoning bylaws to increase affordable housing stock,
3. Develop and modify affordable housing strategies based on the Planning Board's Comprehensive
Plan,
4. Increase public awareness through public information and forums,
5. Assist with land or properties acquisition suitable for development of affordable housing,
6. Make recommendations on particular housing proposals, and
7. Advise the Selectmen and Planning Board to aid in their decision-making process.
Criteria for Membership: The Housing Partnership will consist of nine voting members and six liaisons
each appointed for a term of three years. Voting members will include designees from the Planning Board
and the Council on Aging, and others appointed by the Board of Selectmen including,but not limited to,
affordable housing advocates, and representatives from the fields of banking,real estate, development and
social services. The following boards and committees will be asked to name liaisons to the
partnership: the Board of Selectmen, the Capital Expenditures Committee, the Conservation
Commission, LexHAB, and the Lexington Housing Authority.
Alternates who can vote if the member is unable to attend a meeting may be designated. Alternates will
be encouraged to attend all meetings,but do not need to attend all meetings in order to vote in the absence
of the member. Alternates should stay informed on the current issues, either by attendance or review of
materials and minutes.
Prior to serving as a member of this committee, appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to continue to
serve on the Committee the member must acknowledge annually receipt of the summary of the
Conflict of Interest Statute. Said summary will be provided by and acknowledged by the Town
Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line training
requirement required by the Conflict of Interest Statute. Further, to continue to serve on the
committee, the member must acknowledge every two years completion of the on-line training
requirement.
Ref:
Charge adopted by Board of Selectmen on December 1, 2003.
Board of Selectmen voted to designate as Special Municipal Employees on 1/18/06.
Revised charge October 15,2007 to 18 Selectmen appointments and 3 appointed by designated boards
or committees.
Revised charge March 15,2010 to increase general housing advocates to 13,removing specific
organizations and removing three liaisons.
Revised charge September 26, 2011 to decrease membership from 21 to 17 voting members.
Revised charge October 15,2012 to decrease membership from 17 to 15 voting members.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discovery Day Discussion(10 min)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.3
SUMMARY:
For the past two years, the Board has participated in Discovery Day by hosting a booth.
The Board will discuss participating in the 2017 Discovery Day program.
SUGGESTED MOTION:
Motion to participate in the 2017 Discover Day program.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:10 p.m.
ATTACHMENTS:
Description Type
Saturday May 27t
INGTONCM Raindate Saturday June 3
To All Lexington Civic, Small Education and Municipal Organizations:
Discovery Day is a time for people to "discover"the great things that Lexington has to offer.This Lexington
tradition celebrates the beginning of summer by offering a huge Sidewalk Sale complete with food,
entertainment, shopping,free prizes, special displays by Town Departments, and information booths by civic
groups.
We invite your organization to join us and disseminate your information to this large audience.lust fill out the
enclosed Application Form and return it to the Lexington Retailers Association (LRA)with a check for$75.00 by
May 5, 2017(no charge for Municipal Organizations).
It is important to note that Civic and Municipal Organizations are not permitted to sell food, products,
literature, conduct raffles, solicit financial contributions,etc.without prior LRA permission.This is important to
ensure that your organization will not compete with our merchants.
Our mailing does not reach every Lexington organization,therefore feel free to make copies of this letter and
accompanying forms and distribute to other Lexington groups. Look forward to seeing you there!
Richard Michelson, President
Where: The Municipal Parking Lot (between Muzzey St and Waltham St)
Cost: Civic/Small Education: $75
Municipal: Free
What we need from you
• Return the enclosed application form by May 5
• Include a check for the entry fee and any tent,table,or chair rentals and/or banner frame
• Specify the size of the area you need (standard is 10 FT wide)
• Briefly describe what your organization will be doing for the event
Expect your function agreement by May 12, 2017
Schedule:
5 AM Municipal lot is closed to the public
8 AM Participants begin set up(approval from LRA is needed to set up before 8 AM)
10 AM Discovery Day opens to the public
3 PM Discovery Day Closes to the public-Breakdown can begin
5 PM Parking lot opens to the public
----------------------------------
LEXINGTON RETAILERS ASSOCIATION 781-862-1034 w
1780 Massachusetts Avenue-Lexington MA 02420
SHOP LEXINGTON
For more information go to www.discoverydayinlexington.com
EQUIPMENT RENTAL
We do not require that you rent equipment. However, past participants find that the equipment rental
program is an affordable way to make the day easier and give a professional and neat appearance.All the
equipment is first quality and the rental company sets it up in your booth and then removes it at the end of the
day.
Equipment includes:
Shade Tent($65)—these 10'x 10' shade tents cover a standard size booth.They also provide some protection
against the stray passing May shower.All tents are secured to the ground for safety. They ask that nothing be
used that would put a hole in the tent tops or leave a residue behind;such as any tapes or pins
Banner Frame($15)—.Get Your Business Name Up Where it can be SEEN. Our equipment rental company now
offers a "Banner Frame"to hang your business's banner high above the crowd.The banner frame attaches to
their 10'x 10' shade tent.
How big should my banner be? ®
rr
Your banner can not be longer than 9' 6". �. .
Banners that are taller than 3'will hang
below the bottom edge of the tent.Your
banners should have at least 5-6 grommets— „r a
1 on each corner, and 2 additional ones on '
the top of the banner. The bare minimum
should be 4, one in each corner. Lack of
grommets will usually result in a poor y�
presentation, and possible damage of your
banner.The rental company provides all
materials to affix your grommeted banner to
the framing. Typically they use plastic zip
ties.
The Banner on this tent is 2'tall x 9'6" long.
Tables($15)—a sturdy 8' long folding table has a strong wooden top.Supply your own table cloth for a neat,
professional appearance.
Chairs($2.50 each)—it's a long day,so don't forget something to sit on!These folding chairs have contoured
plastic seats and backs.
Remember set-up and removal is included in the rental price.Rental equipment must be reserved in
advance.So, sign-up for rental equipment on your application.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Letter to MBTA RE: RIDE Premium Service Area (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.4
SUMMARY:
To join the Transportation Advisory Committee in opposition to the proposed elimination of the RIDE's
Premium Service Area. The proposal would leave a swath of the community uncovered by any paratransit
service and could have the far-reaching implication of shifting the role of providing paratransit service onto
Lexpress and because of the resulting tax burden, potentially jeopardize the continuation of Lexpress.
SUGGESTED MOTION:
Motion to approve and sign a letter to the MBTA opposing the MBTA's proposed elimination of the RIDE's
Premium S ervic e Area.
FOLLOW-UP:
Selectmen's Office.
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:20 p.m.
ATTACHMENTS:
Description Type
D M11M ka ttorr Rackrrk,Matorrinl
`p05 MORE
o� 1775 �c
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Eown of lexi Igton, Affla0aCbU5ettq
v APRILI9"
�FxINC 1°N OFFICE OF SELECTMEN
SUZANNE E.BARRY,CHAIRMAN
PETER C.J.KELLEY
JOSEPH N.PATO
MICHELLE L.CICCOLO TEL: (781)698-4580
DOUGLAS M.LUCENTE FAX: (781)863-9468
April 12, 2017
Joseph Aiello, Chair
MBTA Fiscal and Management Control Board
State Transportation Building
10 Park Plaza
Boston, MA 02116
Dear Mr. Aiello,
As Chairman of the Lexington Board of Selectmen, I write to express our opposition to the proposed
elimination of the RIDE's Premium Service Area. The Lexington Transportation Advisory Committee has
studied the proposal and determined that it would leave a swath of our community uncovered by any paratransit
service. It will also lead to confusion when residents in the same town have to figure out if their home or
destination is within this new limited service area. We understand that the MBTA is facing budget constraints.
However, the MBTA and MassDOT would, in essence, transfer the cost of providing paratransit service onto
the communities a regional agency like the T is supposed to be serving.
The elimination of the Premium Area would also have far-reaching implications for Lexpress, the Town's
fixed-route community bus service. Lexpress has complied with the ADA since it was enacted in 1990. For
those who cannot access our fixed route system, the RIDE has provided paratransit service to everyone in the
Lexpress service area. When the MBTA created the two-tiered RIDE system in 2013, Lexpress had to raise its
adult cash fare substantially to keep pace with the price of the RIDE's Premium fare and remain in compliance
with ADA rules. To eliminate the Premium RIDE area altogether would force Lexington to provide its own
paratransit service to sustain its bus program. Because of the resulting tax burden, this solution would
jeopardize the continuation of Lexpress.
If you need additional information or have any questions,please contact Jeanette Rebecchi, Town of Lexington
Transportation Manager, at 781-698-4821 or jrebecchi 1exingtonma.gov.
Sincerely,
Suzanne E. Barry
Chairman
Lexington Board of Selectmen
Cc: Carl Valente, Town Manager
William H. Levison, Chair, Lexington Transportation Advisory Committee
Jay Kaufman, Representative Massachusetts State House
Jeanette Rebecci, Lexington Transportation Manager
1625 MASSACHUSETTS AVENUE• LEXINGTON, MASSACHUSETTS 02420
e-mail selectmen@lexingtonma.gov
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Memorandum of Agreement with Brookhaven for PILOT and Affordable Housing
Mitigation Payments (10 min.)
PRESENTER: ITEM
NUMBER:
Carl F. Valente, Town Manager
1.5
SUMMARY:
A vote may be requested if Brookhaven accepts the terms of this MOA.
The Memorandum of Agreement(MOA)has been revised, based on the Board's and Brookhaven's
comments and input.
Brookhaven is proposing that Section 2(c)be deleted in its entirety.
SUGGESTED MOTION:
Move to approve the Memorandum of Agreement with the changes proposed by Brookhaven to sections l(c)
and 2(c).
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:25 p.m.
ATTACHMENTS:
Description Type
D Drafl Ma utia rs nr 8rruti a>9 kgTMrararutiurnrt 2 Rackup M<atorinl
MSM Draft 4/10/17
Memorandum of Agreement ("MOA")
between
Symmes Lifecare, Inc. d/b/a Brookhaven at Lexington (`Brookhaven")
and
The Town of Lexington, Massachusetts ("Town")
regarding
Planned Development District I
WHEREAS; Brookhaven has operated in Lexington since 1986;
WHEREAS; Brookhaven's facility in Lexington was expanded in 2004 to include 309 units;
WHEREAS; Brookhaven filed a Preliminary Site Development and Use Plan ("PSDUP") dated
March 14, 2017 for a rezoning of land, which PSDUP has been placed on the warrant for the
Town's 2017 Annual Town Meeting.
WHEREAS; the property subject to the PSDUP is commonly referred to as `Brookhaven," and
has a street address of 960-1010 Waltham Street and consists of parcels 5-21A, 5-20, 5-19C,
5-18A, and 5-16A of the site, as depicted in the PSDUP (the "Property");
WHEREAS; Brookhaven proposes certain commitments and actions in the PSDUP and seeks to
further expand Brookhaven's facility on 6.1 additional acres of the Property composed of Map 5
Parcels 19C, 20 and 21A at 960 and 990 Waltham Street(the"Project")resulting in:
• 49 additional Independent Living residential units, for a total of 289
• 30 additional Assisted Care Units, for a total of 50, and
• 37 fewer nursing units, for a total of 12;
WHEREAS; Brookhaven has made Payments in Lieu of Taxes ("PILOT") to the Town since
1989;
WHEREAS; the Board of Assessors determined in September of 2016 that Brookhaven was a
charitable Non-Profit Healthcare Facility exempt from local Property Taxes for the Fiscal Year
2017, pursuant to G.L. c. 59.
WHEREAS; the PILOT has been an annual amount paid in quarterly installments that currently
increases by 3 percent each year;
WHEREAS; the PILOT for fiscal year 2017 is $497,279;
WHEREAS; should Town Meeting and the Massachusetts Attorney General approve Article 44
of the 2017 Annual Town Meeting rezoning the Brookhaven property, this action will permit
Brookhaven to apply for site plan review for the Project pursuant to Sections 7.3 and 9.5 of the
Town's Zoning Bylaw; and
WHEREAS; the purpose of this Memorandum of Agreement("MOA")is for Brookhaven and
the Town to reach agreement on those provisions having public benefit to the Town as well as
benefit to the Property should the Project be so approved;
NOW THEREFORE, Brookhaven and the Town agree that, in consideration for the support of
the Town's Board of Selectmen for the PSDUP, the sufficiency of which is hereby
acknowledged, Brookhaven shall be bound by the following terms of this MOA in the event that
(1) Town Meeting approves the PSDUP; and (2) Site Plan Approval for the Project is granted by
the Lexington Planning Board, otherwise, Brookhaven shall continue to be bound by the existing
PILOT agreement between the Town and Brookhaven:
1. PAYMENTS IN LIEU OF TAXES (PILOT)
a. Brookhaven shall increase its PILOT from the amounts required under the PILOT entered
into in 1986 (as amended)by 13.6 percent(based on 351 net units compared to 309
Page 2 of 9
currently - 42 net new units); 7 percent of this increase to be made in the fiscal year the
first Certificate of Occupancy is issued for a living unit in the Project, with the remaining
6.6 percent increase to occur 12 fiscal years later, per the attached schedule. The 7
percent increase shall not be pro-rated.
b. In addition to these increases in the PILOT payments, Brookhaven's PILOT payment will
also increase by 2.5 percent annually from the amounts due in the 1986 PILOT,
beginning in FYI and continuing for the 15 fiscal years that begin in the fiscal year the
first Certificate of Occupancy is issued for a living unit in the Project and continuing for
the subsequent 14 fiscal years.
c. At the conclusion of the payment schedule provided in Paragraph a. and b. above, and
unless otherwise agreed to by the Parties thereafter, Brookhaven's PILOT payment will
increase by 3 percent annually. This 3 percent annual increase shall begin in the 16t'
fiscal year after the initial 7 percent increase is made. The Parties agree to meet and
confer to determine whether this agreement should be amended at least six months prior
to the end of said payment schedule; provided however, that neither party shall be
considered to have hereby agreed to any such future amendment of this MOA.
d. Brookhaven shall not be required to make a PILOT payment in any year that the Board of
Assessors determines that Brookhaven is not exempt from local property taxes pursuant
to G.L. c. 59 or other applicable laws, in which case Brookhaven shall be required to pay
all applicable property taxes assessed to it instead, subject to all of Brookhaven's rights to
appeal any such assessment. The PILOT payment will resume in any subsequent year
that the Board of Assessors determines that Brookhaven is exempt from local property
taxes pursuant to G.L c. 59. If Brookhaven is not required to pay a PILOT payment in
Page 3 of 9
any year, the PILOT payment in the ensuing fiscal year where a PILOT payment is
required will be calculated as if the PILOT had never ceased (i.e., increasing by 2.5
percent annually).
e. The provisions of this Section 1 shall supersede any conflicting provisions of the PILOT
or any prior amendments thereto.
f Nothing herein shall be construed to limit the Board of Assessors, or any other
department, committee, board, or official of the Town with the requisite authority, to
determine whether Brookhaven, or its use of the Property, is eligible for any exemption
from local property taxes.
2. AFFORDABLE HOUSING MITIGATION PAYMENT
a. It is agreed that in lieu of deed-restricting 10% of the new units within the development
as affordable housing units, which is the Town's preference, and in recognition that
Brookhaven is a not-for-profit entity, a mitigation payment reflecting the Town's
estimated cost to construct affordable housing units at other locations is required.
b. Brookhaven shall pay the Town an affordable housing mitigation payment of$2,081,631
over the 15 fiscal years beginning with the year when the first Certificate of Occupancy
for a living unit is issued for the Project, and continuing each July 1 thereafter for 14
additional payments, per the schedule included in this document as Appendix A. The
affordable housing mitigation payment is to be paid if the Project proceeds, regardless of
whether Brookhaven is or is not exempt from local property taxation.
c. Should the Assisted Care units be included in the Town's year-round housing stock for
the purposes of the State's Subsidized Housing Inventory denominator by the United
States Census Bureau, the Town, at its sole discretion, may require additional affordable
housing mitigation payments, adjusted to reflect the actual number of units added to the
Page 4 of 9
denominator, or in any manner the Board of Selectmen deem appropriate to address this
result.
3. UTILITIES
Prior to first issuance of Certificate of Occupancy for a living unit in the Project, Brookhaven
shall loop the water main proposed for the Project and install and maintain a grinding chamber in
the sewer line designed for the Project to specifications to be approved by the Town Engineer.
4. TRANSPORTATION & CONNECTIVITY
a. Brookhaven shall contribute $1,500 per year to the Town for transportation services,
including, without limitation, LexConnect service taxi service. This payment shall
increase by 2.5% annually.
b. Brookhaven shall, at its own expense, install, maintain, and keep clean bus seating on
Waltham Street at the base of Brookhaven's main drive, installed on the Brookhaven side
of the sidewalk, leaving the grass strip and sidewalk in the right-of-way intact for
pedestrian passage. Brookhaven shall allow public access for said bus seating at no cost
to the Town.
c. Brookhaven shall repair the sidewalk along Waltham Street as specified in the Town's
street opening permit, and, if required by the Town Engineer, will replace connecting
segments to ensure a continuous sidewalk surface.
d. The new (north) driveway to the Brookhaven property shall remain open and un-gated for
emergency vehicular access.
e. Any public access walking and bicycle trail proposed to traverse Lots 19C, 20, and 21A
of Assessor's Map 5, as shown on Brookhaven's Site Construction Plan, shall be created,
preserved, and maintained by Brookhaven for public bicycle and pedestrian access. The
Page 5 of 9
trails and sidewalks open to the public and Brookhaven residents, including the Amyas
Ames Nature Trail located on the Brookhaven property, which connects to others trails
off-site, shall be preserved and maintained by Brookhaven free of brush, re-forestation,
barriers, or structures, at Brookhaven's expense.
5. NOISE TESTING AND ABATEMENT
Brookhaven acknowledges that it will comply with the Town's General Noise bylaw. In its Site
Plan Review application, Brookhaven and its noise consultant will submit a testing protocol to be
used to establish ambient noise levels. These ambient noise levels will be used to determine
compliance with the Noise bylaw. This protocol would also be used in the event of future noise
complaints to establish compliance with the noise bylaw. The Town will hire, at Brookhaven's
expense, a noise consultant to review the testing protocol. Should a change in equipment and/or
complaint be received, Brookhaven shall demonstrate compliance to the Noise Bylaw. The
Town will hire, at Brookhaven's expense, a noise consultant to review said compliance.
6. MISCELLANEOUS
a. Incorporation into Site Plan Approval. The terms of this MOA shall be incorporated as
conditions of any Site Plan Approval for the Project pursuant to Section 9.5.4.4 of the
Town's Zoning Bylaw
b. BindingEffect.ffect. This MOA shall become binding on Brookhaven and its successors and
assigns and on the Town in the event that the PSDUP is approved by Town Meeting and
Site Plan Approval is granted for the Project by the Lexington Planning Board, otherwise
Brookhaven shall continue to be bound by the existing PILOT Agreement(as amended).
This MOA is for the benefit of Brookhaven and the Town, and it may be enforced by any
remedy provided at law or in equity. This MOA and the Lexington Zoning Bylaw shall
Page 6 of 9
be construed in such a way as to harmonize any conflicting provisions to the greatest
extent reasonably possible, but in the event of any irreconcilable conflict between this
MOA and any provision in the Bylaw, the provisions of the Bylaw shall control (subject
always to the provisions of General Laws, Chapter 40A, as amended).
c. Existence and Authority. Brookhaven is a not-for-profit organization duly formed,
validly existing, and authorized to do business in Massachusetts. This MOA constitutes a
valid and legally binding obligation of Brookhaven, enforceable against Brookhaven in
accordance with its terms, and neither the execution, delivery or performance of this
MOA nor compliance herewith conflicts with or will conflict with or results or will result
in a breach of or constitutes or will constitute a default under(i)the organizational
documents of Brookhaven, (ii) any law or any order, writ, injunction or decree of any
court of governmental authority, or(iii) any agreement or instrument to which
Brookhaven is a party by which it is bound.
d. Dispute and Default. In the event of any dispute or default hereunder, the losing or
defaulting party shall reimburse the prevailing party for its costs and expenses, including
without limitation court costs and attorney's fees.
e. Cooperation. Brookhaven hereby agrees to continue to work cooperatively with the Town
on an ongoing basis to implement both the specific provisions and the intent and purposes
of this MOA
f Time is of the Essence. Time shall be of the essence of this MOA.
g. Permitting. The execution and delivery of this MOA does not constitute an agreement by
the Town that any necessary permit or approval for the Project will in fact be granted.
Page 7 of 9
This MOA shall be incorporated into, and made a condition of, any permit or approval
granted by the Town.
h. Amendment of Agreement. This MOA may not be amended, modified or terminated
except by a written instrument executed by Brookhaven and by a majority of the Board of
Selectmen.
i. Enforcement; No Waiver. The failure of the Town to enforce this MOA shall not be
deemed a waiver of the Town's right to do so thereafter. If any provision of this MOA or
its applicability to any person or circumstances shall be held invalid, the remainder
thereof, or the application to other persons shall not be affected.
j. Severability. The invalidity of any provision of this MOA as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof.
k. Applicable Law. This MOA shall be governed by and according to the laws of the
Commonwealth of Massachusetts, as amended form time to time. Any action brought by
the Town hereunder may be brought in the Superior Court in and for the County of
Middlesex, and the Brookhaven hereby agrees to the jurisdiction of such court.
1. Building Permit Contingency. At any time before a building permit is issued for the
Proj ect, Brookhaven shall have the right to stop moving forward with the Project, and the
PILOT payments shall, in such event, continue pursuant to the existing PILOT
agreement.
Page 8 of 9
SIGNED:
Date:
Board of Selectmen
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Date: James M. Freehling
President/Chief Executive Officer
Symmes Lifecare, Inc.
d/b/a/Brookhaven at Lexington
101Waltham Street
Lexington, MA 02421
Page 9 of 9
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Committee Appointment/Reappointment (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.12
SUMMARY:
It is time to reappoint Town Counsel.
SUGGESTED MOTION:
Motion to reappoint Anderson and Kreiger, represented by William L. Lahey, as Town Counsel for Lexington for
a term to expire March 31, 2018.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:35 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Article Positions & Presenters ATM 2017 (5
PRESENTER: ITEM
NUMBER:
Suzanne Barry
1.7
SUMMARY:
Continued Board discussion regarding:
• Assignment of Articles to Selectmen
• Selectmen positions on Articles
o Zoning Articles
SUGGESTED MOTION:
N/A
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017 6:40 p.m.
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign 2017 Minuteman Cane Award Proclamation
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chairman
C.1
SUMMARY:
To approve and sign the proclamation for the 2017 Minuteman Cane Award.
SUGGESTED MOTION:
Move to approve the consent agenda.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017
ATTACHMENTS:
Description Type
D Mir utarutiim, Rackup Matorrinl
-q: 2017 MINUTEMAN CANE AWARD
The Board of Selectmen of the Town of Lexington, Massachusetts, hereby
� recognizes and presents the 2017 MINUTEMAN CANE AWARD to:
SOPHIA HO
Sophia Ho has lived in Lexington for 56 years. She is an inspiration to all
who know her. Sophia's volunteer work over many decades, which continues today,
includes the following activities-
Member of the Council on Aging since 2012
Founding member of the Chinese American Association of Lexington (CAAL) and
continues to be actively involved. She works with residents in Lexington's three Housing
Authority villages, teaching English and acting as a translator. She co-founded the
Community Task Force of CAAL. She organizes CAAL's Patriots Day parade and continues to
hold meet-the-candidate forums in her own home for CAAL members.
Founding member of Martin Luther King Day. She also founded Lunch With Seniors
which takes place on Martin Luther King Day, with the help of Lexington Human Services
and the Lexington Housing Authority.
Over a 20 year involvement at Cary Library, volunteering in many different capacities. She
continues today with her work on Transformative Spaces at the library.
Among the founding members of the Lexington Education Foundation, which supports
public education primarily through grant-writing.
Appointed to serve on the Community Center Task Force, assigned to determine needs and
interests in creating a new Community Center.
Provided invaluable help with Cultural Diversity Training conducted by the Lexington
Police Department. This helped create a better understanding between Asian residents and
the police department.
An early supporter and a continuing volunteer for Lex Eat Together, a community-meal
program.
Sophia continues to be one of the town's most prolific and productive volunteers. Her
greatest gift to Lexington is that she continuously encourages other residents to get
involved. It is for these reasons and more, that we are pleased to announce that Sophia Ho
is the 2017 recipient of the Minuteman Cane Award. Congratulations, Sophia.
Issued in grateful appreciation this 17,11, day of April 2017.
Board of Selectmen
Chair, Minuteman Cane Award
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Sign 2017 Outstanding Youth of Lexington Awards
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
C.2
SUMMARY:
Attached is the Lexington Youth Award for your signature.
SUGGESTED MOTION:
Motion to approve the consent agenda.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017
ATTACHMENTS:
Description Type
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Town Manager's Vacation Request
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
C.3
SUMMARY:
You are being asked to approve the Twon Manager's request for vacation dates as follows:
. May 10-12
. August 21-25
. August 29 (or 30) - September 2, 2017
SUGGESTED MOTION:
Motion to approve the consent agenda.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
4/12/2017
ATTACHMENTS:
Description Type
D Vhkmito 1ueationr.20117 Rackup Matorrinl
OVS Mop
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APRIL 19'
�FXINGSO�
MEMORANDUM
TO: Board of Selectmen
FROM: Carl F. Valente-Q� —"
DATE: April 10, 2017
SUBJECT: Vacation Time
As provided under Section 9E of my employment agreement with the Board of Selectmen
(shown below), I am requesting approval to take vacation time for the following dates:
• May 10-12
• August 21-25
• August 29 (or 30) - September 1
Thank you for your consideration.
Section 9E: Vacation (in part). During the Term of this Agreement, the Town shall provide Mr.
Valente with paid vacation time, which shall accrue on the first day of each month at the rate of
2.083 days per month (25 days per year on an annualized basis). Vacation time of three or more
consecutive working days shall be scheduled by Mr. Valente subject to the approval of the
Board.
Approved: Chairman, Board of Selectmen