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Home My WebLink About2017-10-02 BOS Packet - Released SELECTMEN'S MEETING Monday, October 2, 2017 Selectmen's Meeting Room 7:00 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 1. Flu Shot Clinic Promotion(10 min.) 7:10 p.m. TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Local Initiative Program(LIP)Application for the Manor 7:20 p.m. House(10 min.) 2. Grant of Location for Eversource on Cedar St. (5 min.) 7:30 p.m. 3. Grant of Location for Verizon- Mass. Ave. (5 min.) 7:35 p.m. 4. Pole Relocation along Mass. Ave. - Verizon/Eversource(5 min.) 7:40 p.m. 5. Water/Sewer Abatement Appeal(15 min.) 7:45 p.m. 6. STM 2017-3,Article 12: CPA Projects (Lowell St. Affordable Housing) (10 min.) 8:00 p.m. 7. Review and Approve Memorandum of Agreement with King St. Properties for 45- 8:10 p.m. 55-65 Hayden Ave. Development(10 min.) 8. Approve FY18 Water/Sewer Rates (5 min.) 8:20 p.m. 9. Article Presentations/Discussion/Positions (15 min.) 8:25 p.m. • STM 2017-3,Article 5: F Y 18 Budget Adjustments • STM 2017-3,Article 6: Appropriate to Stabilization Funds • STM 2017-3,Article 7: Amend Revolving Fund Authorization • STM 2017-3,Article 10: Distribution of Town Meeting Warrant • STM 2017-3,Article 8: Visitors Center Design 10. Selectmen Committee Reappointments (5 min.) 8:40 p.m. 11. Approve FY16-18 Collective Bargaining Agreement with Lexington Police 8:45 p.m. Association(5 min.) CONSENT AGENDA 1. Appoint Acting Executive Clerk 2. Approve One-Day Liquor Licenses 3. Water& Sewer Adjustment ADJOURN 1. Anticipated Adjournment 8:55 p.m. Budget Summit#1 is scheduled for Thursday, October 5, 2017 at 7:00 p.m. in the Cafeteria at the Public Services Building, 201 Bedford Street. The next regularly scheduled meeting of the Board of Selectmen is scheduled for Monday, October 16, 2017 at 6:00 p.m. in the Selectmen Meeting Room, Town Office Building, 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: Review and Approve Local Initiative Program(LIP) Application for the Manor House (10 min.) PRESENTER: ITEM NUMBER: Brian Kelley, Developer; Liz Rust, Consultant; Sudbury Housing Trust SUMMARY- A vote is requested for this agenda item. Attached is the LIP application to the Department of Housing And Community Development(DHCD)to add 6 new affordable home ownership units, located at the Manor House, to Lexington's owner-occupied affordable housing inventory. This adds to the 13 ownership units currently on the Towns Subsidized Housing Inventory. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the Local Initiative Action Program Application for Local Action Units. FOLLOW-UP: Mr. Kelley will forward application to DHCD. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 7:20 p.m. ATTACHMENTS: Description Type D Lfl'Appkation Rackup Matorinl LOCAL INITIATIVE PROGRAM APPLICATION FOR LOCAL ACTION UNITS Introduction The Local Initiative Program (LIP) is a state housing initiative administered by the Department of Housing and Community Development (DHCD)to encourage communities to produce affordable housing for low- and moderate-income households. The program provides technical and other non-financial assistance to cities or towns seeking to increase the supply of housing for households at or below 80% of the area median income. LIP-approved units are entered into the subsidized housing inventory (SHI) pursuant to Chapter 4013. Local Action Units (LAUs) are created through local municipal action other than comprehensive permits; for example, through special permits, inclusionary zoning, conveyance of public land, utilization of Community Preservation Act (CPA) funds, etc. DHCD shall certify units submitted as LAUs if they met the requirements of 760 CMR 56.00 and the LIP Guidelines, which are part of the Comprehensive Permit Guidelines and can be found on the DHCD website at iir.r]ass To apply, a community must submit a complete, signed copy of this application to: Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, Massachusetts 02114 Attention: Rieko Hayashi, Program Coordinator Telephone: 617-573-1426 Email: it"leko,lhu;�y Updated January 2016 -1- Community Support Narrative, Project Description and Documentation Please provide a description of the project, including a summary of the project's history and the ways in which the community fulfilled the local action requirement. The Manor House project is permitted under a local Special Permit, submitted by Developer/Owner, 509 Woburn Street Realty Trust with Brian Kelley as agent/attorney for the Trust. The Manor House units will be regulated as Local Action Units by DHCD and the Town of Lexington. Full development of the Manor House includes 51 ownership condominium units of which six will be deed restricted for eligible purchasers as LIP Local Action Units. Signatures of Support for the Local Action Units Application Chief Executive Officer: Signature: defined as the mayor in a city and the board of selectmen in a town, unless some other Print Name: Suzanne E. Barry municipal officer is designated to be the chief executive officer under the provisions of a local charter Date: Chair, Local Housing Partnership: Signature: (as applicable) Print Name: Melinda Walker Date: Updated January 2016 -2- Community Support Narrative, Project Description and Documentation Please provide a description of the project, including a summary of the projects history and the ways in which the community fulfilled the local action requirement. The Manor House project is permitted under a local Special Permit,submitted by Developer/Owner,509 Woburn Street Realty Trust with Brian Kelley as agent/attorney for the Trust. The Manor}louse units will be regulated as Local Action Units by DHCD and the Town of Lexington. Full development of the Manor House includes 51 ownership condominium units of which six will be deed restricted for eligible purchasers as LIP Local Action Units. Signatures of Support for the Local Action Units Application Chief Executive Officer: Signature: defined as the mayor in a city and the board of selectmen in a town, unless some other Print Name: Suzanne E. Barry municipal officer is designated to be the chief executive officer under the provisions of a tocal charter Date: Chair, Local Housing Partnership: Signature: (as applicable) Print Name: Melinda Walker Date: Q 13 1I Updated January 2016 -2- Municipal Contact Information Chief Executive Officer Name Suzanne E. Barry Address Board of Selectmen, Town Office Building, 1625 Mass Ave, Lexington, MA 02420 Phone (781) 698-4580 Email selectmena_lexingtonma.gov Town Administrator/Manager Name Carl F. Valente Address Town Office Building, 1625 Mass Ave, Lexington, MA 02420 Phone (781) 698-4540 Email y ll�,.".nte..( .ill(,,xlinOD �nlrm::12,. 0V City/Town Planner (if any) Name Aaron Henry Address Board of Selectmen, Town Office Building, 1625 Mass Ave, Lexington, MA 02420 Phone (781) 698-4560 Email ahenrya-lexingtonma.gov City/Town Counsel Name Mina Markarious, Address Anderson Krieger LLP, 1 Canal Park, Cambridge, MA 02141 Phone (617) 621-6525 Email mmakariousa-andersonkreiger.com Chairman, Local Housing Partnership (if any) Name Melinda Walker Address Town Office Building, 1625 Mass Ave, Lexington, MA 02420 Phone Email Community Contact Person for this project Name Aaron Henry Address Board of Selectmen, Town Office Building, 1625 Mass Ave, Lexington, MA 02420 Phone (781) 698-4560 Email ahenrya_lexingtonma.gov Updated January 2016 -3- The Project Developer Name Pinnacle Park LLC, Peter C J Kelley Address 2 Manor terrace, 509 Woburn Street, Lexington MA 02420 Phone 617-699-3993 Email pe[ I_ _yf q .a.l!.I...:.. . . . Is your municipality utilizing any HOME or CDBG funding for this project? No Local tax rate per thousand $_14.49 for Fiscal Year_2017 Site Characteristics # of Units Proposed Project Style Total # of Units for LAU Certification Detached single-family house Rowho use/town house Duplex Multifamily house (3+ family) Multifamily rental building 51 _6 Other (specify) Unit Composition Type of Unit: #of Units #of #of Gross Livable Proposed Proposed BRs Baths Square Square Sales Condo Fee Condo Ownership Feet Feet Prices/ Fee Simple Ownership Rents Rental Affordable: 1 1 1.5 1081 $154,400 $291.51 1 2 2 1379 $167,500 $371.44 1 1 2 2 1301 1 $170,500 $350.55 3 2 2 1291 $170,500 $347.86 Market: 1 1 1.5 1163 $545,000 $313.00 44 2 2 Varied $500k- $780k Updated January 2016 -4- Please attach the following documents to your application: 1. Documentation of municipal action (e.g., copy of special permit, CPA funds, land donation, etc.) 2. Long-Term Use Restrictions (request documents before submission): For ownership projects, this is the Regulatory Agreement for Ownership Developments, redlined to reflect any proposed changes and/or the model deed rider. For rental projects, this is the Regulatory Agreement for Rental Developments, redlined to reflect any proposed changes. For HOME-funded projects, this is the HOME covenant/deed restriction. When attaching a HOME deed restriction to a unit, the universal deed rider cannot be used. 3. Documents of Project Sponsor's (developer's) legal existence and authority to sign the Regulatory Agreement: • appropriate certificates of Organization/Registration and Good Standing from the Secretary of State's Office • mortgagee consents to the Regulatory Agreement • trustee certificates or authorization for signer(s) to execute all documents 4. For Condominium Projects Only: The Condominium aster deed with schedule of undivided interest in the common areas in percentages set forth in the condominium master deed 5. For Rental Projects Only: A copy of the Local Housing Authority's current Utility Allowances 6. Massachusetts Environmental Policy Act (MEPA) environmental notification form (ENF) — for new construction only (request form before submission) 7. Affirmative Fair Marketing and Lottery Plan, including: • ads and flyers with HUD Equal Housing Opportunity logo • informational materials for lottery applicants • eligibility requirements • lottery application and financial forms • lottery and resident selection procedures • request for local preference and demonstration of need for the preference Updated January 2016 -5- • measures to ensure affirmative fair marketing, including outreach methods and venue list • name of Lottery Agent with contact information See Section III of the Comprehensive Permit Guidelines at r r ,,„rr1asS,,,, , , / „Ir, „ and search for LIP 40B Guidelines for more information. PLEASE CONTACT RIEKO HAYASHI OF OUR OFFICE AT 617-573-1426 IF YOU HAVE ANY QUESTIONS. Updated January 2016 -6- Flynn Building i 1 278 old Sudbury Rd a _ Town of Sudbury Sudbury, MA01776 Sudbury Housing Trust 978-639-3387 O S3BwgO5W0A��OQP http://www.sudbury.ma.us • INC4A Housing @town.sudbury.ma.us Developer Certification: "As authorized representative of Manor House and Pinnacle Park LLC, respectively, I have reviewed this plan and agree to implement this AFHMP, which shall be made effective as of the approval date. Further, by signing this form, Manor House agrees to review and update its AFHMP as necessary in order to comply with all applicable statutes, regulations, executive orders and other binding DHCD requirements pertaining to affirmative fair housing marketing and resident selection plans reasonably related to such statutes, regulations, executive orders, as same may be amended from time to time. I hereby certify that all the information stated herein, as well as any information provided herewith, is true and accurate. Peter Kelley, Aubrized Repr sentative Town of Sudbury, Sudbury Housing Trust jo- -�Ilzel 001n1noneweakIll William Francis Galvite Secretary of the Commonwealth August 2, 2I117 TO WHOM IT MAY CONCERN: I hereby certify that a certificate of organization of a Limited Liability Company was filed in this office by PINNACLE PARK,LLC in accordance with the provisions of Massachusetts General Laws Chapter 156C on Janual-y 25, 2013. I further certify that said Limited Liability Company has filed all annual reports dire and paid all fees with respect to such reports; that said Limited Liability Company has not filed a certificate of cancellation or withdrawal; and that said limited Liability Company is in good standing with this office. I also certify that the names of all managers listed in the most recent filing are: PETER C.J. KELLEY I further certify, the navies of all persons authorized to execute documents filed with this office and listed in the most recent filing are: PETER C.T. KF.LLEY The names of all persons authorized to act with respect to real property listed in the most recent filing are: PETER C.J. KELLE Y In testimony of which, I have hereunto affixed the Great,Seal of the Commonwealth. on the date first above written. 9 u .Secretary of the Commonwealth Processed By:sam MANAGER CERTIFICATE The undersigned hereby certify, in accordance with the Operating Agreement dated January 25, 2013 of the PINNACLE PARK, LLC (hereinafter "the LLC"), that: (1) The LLC is duly organized, validly existing, and in good standing under the laws of the COMMONWEALTH OF MASSACHUSETTS. The LLC has full power and authority to own property and to transact business in which it is presently engaged or presently proposes to engage, which shall be the valid and legally binding obligation of the LLC, and all requisite action approving same has been obtained. (2) The current manager who is authorized to transact business on behalf of the LLC is Peter CJ Kelley. In accordance with the provisions of section 1.02 of Article 1 of the Operating Agreement, the Manager Peter CJ Kelley has the authority to enter the Regulatory Agreement and Declaration of Restrictive Covenants for The Manor House Project. A copy of which is attached hereto marked exhibit"A"and made a part hereof. <signature page to follow> I In Witness Whereof, the said PINNACLE PARK, LLC has caused its seal to be hereto affixed and these presents to be signed, sealed acknowledged, and delivered in its name and behalf by Peter CJ Kelley, its Managers, hereto duly authorized this 3!so- d_ ay of August, 2017. PINNCLE PARK, LLC. By: WY Peter Ke ley, ger and autho ' person COMMONWEALTH OF MASSACHUSETTS Middlesex, ss On this3 day of August, 2017, before me, the undersigned notary public,personally appeared Peter CJ Kelley, Manager and Authorized Person for PINNCLE PARK, LLC who proved to me through satisfactory evidence of identification being a Massachusetts Driver's License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. Notary Pub ic: Al A. ri My Commission Expir s: - -18 2 /yv a uR Flynn Building 278 Old Sudbury Rd i� 1 TOWN OF SUDBURY Sudbury, MA 01776 978-639-3387 SUDBURY HOUSING TRUST httjj.ZZN w.sudburv.ma.us 9_. INCOPP MARKETING PLAN FOR LOTTERY OF Manor House Homeownership Unit Lexington, MA AUGUST , 2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON Table of Contents Purposeof Plan...................................................................................................................................... 3 KeyContacts.......................................................................................................................................... 3 ProjectDescription................................................................................................................................ 3 MarketingPlan....................................................................................................................................... 5 Eligibilityand Preferences..................................................................................................................... 7 Income...........................................................................................................................................................................7 Assets ...........................................................................................................................................................................7 First-Time Homebuyer.....................................................................................................................................................7 OtherEligibility Criteria....................................................................................................................................................7 HouseholdSize Preference..............................................................................................................................................8 LocalPreference.............................................................................................................................................................8 MinorityPreference.........................................................................................................................................................9 LotteryProcedures................................................................................................................................ 9 AffordabilityRestrictions..................................................................................................................... 10 Page 2 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. PURPOSE OF PLAN ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. The Manor House project is permitted under a local Special Permit, submitted by Developer/Owner, 509 Woburn Street Realty Trust with Brian Kelley as agent/attorney for the Trust. The Manor House units will be regulated as Local Action Units by DHCD and the Town of Lexington. Full development of the Manor House includes 51 ownership condominium unit, of which 6 will be deed restricted. This marketing plan addresses the deed-restricted ownership units, and the lottery that will be held to identify eligible buyers. The development rights and obligations for development of the Manor House affordable homeownership units, including the development and affirmative marketing of the unit, are with the Pinnacle Park LLC. The lottery will be used to create a ranked applicant list for the project for the units available for sale within 18 months of the lottery. If the unit becomes available,and there are no qualified buyers on the lottery list, approval will be sought from DHCD to sell the unit on a First-Come First-Served manner, using the same eligibility guidelines below, updated for new income limits if needed. This marketing plan describes the project, and the marketing and outreach efforts in compliance with Fair Housing requirements, the eligibility criteria and the lottery and buyer selection process. The application material describes the unit and the process in more detail. The lottery plan will implement the income restrictions and any and all other procedures set forth below in compliance with the DHCD Affirmative Fair Housing Marketing Plan guidelines updated December 2014. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. KEY CONTACTS ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Developer: Pinnacle Park LLC DHCD, LIP LAU Program Administrator: 2 Manor Terrace Rieko Hayashi Peter Kelley DHCD, LIP Program petercjkelley@gmail.com 100 Cambridge Street, suite 300 Boston, MA 02110 Lottery Agent: Phone: (617)573-1426 Elizabeth Rust, Lara Plaskon rieko,hayashi(d-,state,ma,us Sudbury Housing Trust 278 Old Sudbury Rd Sudbury, MA 01776 housing@sudbury.ma.us ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. PROJECT DESCRIPTION ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. The Manor House development was approved by the Lexington Planning Board on June 26, 2014. The project is located on 425-509 Woburn Street in the Town of Lexington, Massachusetts, now 2 Manor Terrace.The site is 1.98 acres, and the project consists of one building that will contain 51 units,of which six will be affordable and sold via lottery. The units are located on four floors,with underground parking. The application package has details regarding the unit. Page 3 of 10 8/21/2017 MARKETING PLAN FOR - MANOR HOUSE, LEXINGTON The monthly Condominium fee ranges from$291.50 to$371.44,which represents a proportional share of the total condominium expenses covering landscaping and snow removal,taxes, insurance and contribution to reserve based on the square footage of the unit. The homeowner will also pay monthly real estate taxes. The affordable unit will be offered under the Local Initiative Program (LIP), administered by Department of Housing and Community Development(DHCD), as a Local Action Unit(LAU). Local Action Units are created through local municipal action, in this case via the Town of Lexington's Special Permit for Planned Residential Developments. Sale prices of LAUs are set so that a household earning 70% of area median income would not expend more than 30%of income for housing. The condominium fees are precisely calculated based on square footage. There are minor variations in the square footage per unit, resulting in minor variations in the condo fees. There are three sales prices overall, and two sales prices for the 2BR units. Unit# #BR Sales Price Condo Fee Square Footage 2017 Taxes 250, Style A 1 BR $154,400 $291.51 1081 $186/mo 217, Style F 2BR $167,500 $371.44 1379 $206/mo 238, Style C 2BR $170,500 $350.55 1301 $202/mo 221, Style C 2BR $170,500 $347.86 1291 $206/mo 206, 233—Style D s y� styW SR stylie + B ' style C o, Lexington Manor House 1BR, l✓ondo, Cando Fee drift Fee ; 2BR Condo Fee. J1. 1 �► 7'1%44` 5 Fie 47; Housing Cost: 115%16 Aouun 00,VM, 66t $7,720 $8,375 $8,525 $8,525 Ic�rt a e $146,680 $159,125 $161,975 $161,975 Interest rate` 4.50% 4.50% 4.510% 4,.50% A��rtfz on, 30 30 30 30 1 1 ntfll ,P&I Pa" fnerlt $743.21 $806.26 $820.70 $820.70 1-6xRate $14 48 $14 48 $14 48 $14 48 M06,thl r r $186 j $202 $206 $206 t r t1ts� i� 1^�0 $51 $56 $57 $57 fell $95 $103 H$1,351 105 $105 t rt t°III, °f o 111�I 4t4 $292 $ 1 $348 IVI4nthlyH,,6W rn'q Cost $1,368 $1,539 $1,539 $1,536 Rkessar Income: $54,713 $61,563 $61,564 $61,457 Household Income: #of'Bedrooms, 1 2 2 2 Ott 'e HO,psef Old size 2 3 3 3 HUQ,80!/LA91 $62,550 $70,350 $70,350 $70,350 Tar a#Housin Cirst SD"I�,AIII $1 564 $1 759 $1 759 $1 759 101/4"WindoW $54,731 $61,556 $61,556 $61,556 1' 1get;H usit5g'G`+D t 7d°XAMQ $1,368 $1,539 $1,539 $1,539 Page 4 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON MARKETING PLAN A marketing plan for an affordable housing lottery demonstrates and ensures Fair Housing regulations are complied with and that the units are made available to a wide audience of qualified people. The marketing and outreach activities are intended to communicate and advertise these opportunities. In general,the plan includes sending notices or flyers to local groups and organizations, notices for website publications, and advertisements in newspapers and periodicals. In accordance with the guidelines, the marketing period will start at least 60 days before the application period closes, and all advertisements will run twice. During the general marketing period, the Developer and the lottery administrator will offer one'informational session'for members of the public to educate them about the Units and the lottery process. This will take place in a publically accessible location. Group What to send MetroWest Daily news Ad Lexington Patch Ad Sampan Newspaper Ad 0 Jornal/0 Jornal Brasileiro Ad El Mundo Ad Bay State Banner Ad Lexington Civic Groups, churches, temples Flyer Lexington Housing Authority Flyer Local housing Authorities Flyer Notice to Lexington Town Committees and employees Email notice Interested Person database Email Notice/Flyer Town of Lexington website Website Lexington-Lexington Veterans' Services District Flyer Lexington Council on Aging Flyer Lexington Youth& Family Services Flyer Veteran's Services Flyer 1276 Broadway Street,2nd Floor, Lowell, MA 0185 Casey Family Services Flyer 18 Palmer St., Lowell, MA 01852 Metrolist Clearinghouse Flyer Greater Lowell Community Foundation Flyer 100 Merrimack Street Suite 202 Lowell, MA 01852 Greater Lowell YMCA Flyer 35 YMCA Dr. Lowell, MA 01852 Mass Access Website Fair Housing Center of Boston Boys&Girls Clubs of Greater Lowell Flyer 657 Middlesex Street, Lowell 01851 Massachusetts Affordable Housing Alliance Website Merrimack Valley Housing Partnership Flyer Cambodian Mutual Assistance Association of Lowell Action for Boston Community Development, Inc Flyer Vietnamese American Initiative For Development Flyer Page 5 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON Asian Community Development Corporation Flyer Asian American Civic Association Inc Flyer Vietnamese American Civic Association Flyer Urban Edge Housing Corporation Inc Flyer Neighborhood Development Corporation of Jamaica Plain Flyer La Alianza Hispana Inc Flyer Coalition For A Better Acre Inc Flyer Metropolitan Boston Housing Partnership Flyer South Middlesex Opportunity Council Flyer Community Teamwork Flyer Page 6 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON ELIGIBILITY AND PREFERENCES INCOME Income eligibility, as stated in the Guidelines, is governed by the rules and standards employed by the Department of Housing and Urban Development("HUD")in the selection of income-eligible tenants for publicly subsidized housing, as determined in the manner described in 24 CFR 5.609. The provisions of this section are intended to complement and not to override or supersede any applicable fair marketing regulations of DHCD, the Massachusetts Commission Against Discrimination, or any Town regulation with jurisdiction and like purpose, to provide low and/or moderate income housing. The applicant household is required to be at or less than 80%of the Boston Region Area Median Income(AMI)as published by HUD for total Gross Annual Household Income. Gross Annual Household Income includes all income prior to any deductions from all adult household members. This lottery will use the income limits in effect, currently 2017 income limits.An imputed income amount of.06%of assets will be added to income for assets over$5,000. 1 person-$54,750, 2 person -$62,550, 3 person-$70,350, 4 person -$78,150 ASSETS Household assets shall not exceed$75,000 in value for the affordable units.Assets include, but are not limited to all cash, cash in savings accounts, checking accounts, certificates of deposit, bonds,stocks, cash value of retirement accounts, value of real estate holdings and other capital investments. The value of necessary personal property(furniture,vehicles) is excluded from asset values. Assets that are included conform to the guidance from DHCD,and include retirement and pension funds amounts that can be withdrawn less penalties or transaction costs. FIRST-TIME HOMEBUYER All qualified applicants shall be first-time homebuyers and must not have had an ownership interest in a residential property for the preceding 3 years, including in trust,with exceptions made for: 1. displaced homemakers,where the displaced homemaker(an adult who has not worked full-time,full-year in the labor force for a number of years but has, during such years,worked primarily without remuneration to care for the home and family),while a homemaker, owned a home with his or her partner or resided in a home owned by the partner; 2. single parents,where the individual owned a home with his or her partner or resided in a home owned by the partner and is a single parent(is unmarried or legally separated from a spouse and either has 1 or more children of whom the individual has custody or joint custody, or is pregnant); 3. households where at least one household member is 55 or over; 4. households that owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations;and 5. households that owned a property that was not in compliance with State, local or model building codes and that cannot be brought into compliance for less than the cost of constructing a permanent structure. OTHER ELIGIBILITY CRITERIA Individuals who have a relationship to the Developer or who have a financial interest in the Project and their families shall not be eligible to participate in the lottery. Page 7 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON HOUSEHOLD SIZE PREFERENCE The objective of these State subsidy programs is to provide housing to appropriate sized families, and to that end, there will be preference given in the lotteries with respect to the number of bedrooms needed. A"household' is defined as two or more persons who will regularly live in the unit as their primary residence and who are related by blood, marriage, law or who have otherwise evidenced a stable inter-dependent relationship, or an individual. Within an applicant pool,first preference shall be given to households requiring at least the total number of bedrooms in the unit based on the following criteria: 1. There is at least one occupant and no more than two occupants per bedroom. 2. A husband and wife,or those in a similar living arrangement,shall be required to share a bedroom. 3. School-aged children of the opposite sex are not expected to share a bedroom. 4. Other household members may share but shall not be required to share a bedroom. LOCALPREFERENCE The Lottery Agent shall set aside 70% (rounded down)of the Affordable Units to applicants that claim a local preference, designating local preference for four(4)of the six(6) Lexington Manor House units. Any person or household who qualifies under the local preference shall have equal consideration in the Local Pool,and will also be eligible in the General Pool. The local preference is defined further as residents of the Town, to include: ■ Current Lexington residents ■ Families with children enrolled in the Town of Lexington's schools; ■ Lexington municipal employees; or ■ People employed by businesses located in the Town of Lexington The need of Lexington residents for affordable ownership options is documented in the Town of Lexington, Housing Production Plan,approved by DHCD 6/6/14.. The US Census reports that there were 11,530 households in Lexington in 2010.According to housing.ma, the Massachusetts Housing Data Portal, 7.2% (830)of Lexington households are extremely low income—below 30%Area Median Income (AM I), 5.4% (623)are very low income—between 30%and 50%AM I, and 5.4% (623)are low income— between 50%and 80%AMI. This means that a total of 2,076 households in Lexington are low income.A low income family of four in Lexington at 80%of the Area Median Income (AM I)earns no more than $78,150 annually. Using a 30% housing allowance, such a family could afford approximately a$273,000 house. According to trulia.com,the median price of homes for sale in Lexington based on a survey of listings on 8/9/17, including 96 homes,was more than$1.39 million. In addition, there was only one home listed for sale under$400,000, and that was a two-bedroom condo for$399,000. These numbers demonstrate that the inventory of homes for sale in Lexington offers basically no options for the 2,076 low-income Lexington households. It is unlikely that all 2,076 low-income households in Lexington are interested in purchasing a home. However, a significant percentage of these households are cost-burdened, meaning that they spend more than 30%of their incomes on housing costs.According to housing.ma, 87%of extremely low income households, 89%of very low income households, and 61% of low income households in Lexington are cost burdened. These percentages equate to a total of 1,656 cost-burdened, low-income households in need of housing that is more affordable to them. There are only 13 deed restricted homeownership units in Lexington now; not nearly enough to meet the need of this large number of cost- burdened, low-income households. Given the complete absence of homeownership opportunities affordable to low-income residents of Lexington and the housing cost burden faced by many Lexington residents, the Town of Lexington would like to offer more affordable homeownership opportunities to its residents. Page 8 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON MINORITY PREFERENCE The Town is committed to providing equal access to all applicants. In the event that the pool of applicants with a local preference does not include at least 27%of households who have one or more member who is a minority as defined in the application, then other eligible minority applicants will be included in the lottery for the local preference units. The number of minority applicants needed in order to meet or exceed 27%will be determined, and then eligible minority applicants will be included from the general pool through a minority pre-lottery. Applicants are able to claim minority preferences if they include self-declarations as proof. LOTTERY PROCEDURES The main objective of the lottery process is to ensure that all winners are able to close on the unit while conducting Fair Housing practices. To that end, qualifications and eligibility are verified prior to entering the lottery. The Lottery Agent will provide a complete application package to each person requesting an application. The application form and package is attached and provides ample detail on the procedures and process, including a description of the eligibility requirements,as well as the date of lottery and how the lottery winners will be chosen. Applications will be available on-line,and sent to any requesting party, and will also be available at the Lexington Public Library. Key elements of the lottery process include: ■ Only qualified eligible applicants will enter the lottery. ■ Applicants will be notified of their standing and drawing results. ■ A minority pre-lottery will be held if required. ■ The lottery will be held in a public setting, and the results posted. ■ Records will be retained for audit purposes. The ballots are randomly drawn and placed in the order drawn. Units are awarded to households based on bedroom sizes, by proceeding down the list of lottery winners to the first household on the list which is of appropriate size for a three-bedroom unit. A general list will be created through this lottery and maintained with ranking, contact information, and#BR needed until the unit is sold,or all persons have declined to purchase. Applicants selected in the lottery who require special accessibility or reasonable accommodation features or modification will be given the opportunity to request such modifications. Before Purchase and Sale Agreement has been signed,final income and assets will be verified to ensure the buyer's verified income meets the eligibility income limits, if over 60 days. Current mortgage requirements include: 1. The loan must have a fixed interest rate through the full term of the mortgage. 2. The loan must have a current fair market interest rate, no more than 2 percentage points above the current MassHousing rate. 3. The loan can have no more than 2 points. 4. The buyer must provide a down payment of at least 3%; half must come from the buyer's own funds. 5. The loan must be from a financial institution. 6. The buyer may not pay more than 38%of their monthly income for the housing costs. 7. Non-household members shall not be permitted as co-signers of the mortgage. Page 9 of 10 8/21/2017 MARKETING PLAN FOR — MANOR HOUSE, LEXINGTON AFFORDABILITY RESTRICTIONS It is important that the potential homeowner be advised and is fully aware of the restrictions on the property,and four documents assist the purchaser in understanding the complexities in the deed restriction. 1. There is the deed rider itself,which is available in hard copy in the office and on the DHCD website at http;//www.mass.gov/hed/docs/dhcd/hd/lip/lipdeedrider.pdf 2. The terms of the deed restriction are detailed in the disclosure section of the application, and acknowledgement signatures are required. 3. The restrictions are also covered in the Information Session,though attendance is not a requirement for application. 4. The Homeowner Disclosure Statement, provided by DHCD,will be given to all lottery winners prior to signing the reservation form. The lottery winner process requires this to be signed and witnessed prior to signing the P&S. Page 10 of 10 8/21/2017 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing @.Sudbury.Ma.US 3Q'" INGOPQ� Information and Application for Affordable Housing Lottery Manor House, Lexington 509 Woburn Street, Lexington, MA 02420 6 Condominium Units, new construction One 1 BR unit $154,400, Five 213R units $167,500 to $170,500 This packet contains specific information for the lottery for one affordable homeownership unit at the Manor House development in Lexington, MA, including eligibility requirements, the selection process, and a lottery application. The key milestones for this housing opportunity: ■ Application Period opens October, 2017 ■ Information Session October, 2017, 7 pm, Town Hall, Lexington ■ Application Deadline January 2018, 1 pm ■ Lottery January, 2017 7pm, Town Hall, Lexington This application is a first step in the lottery process and does not assure you a home.Applicants must secure approval for a mortgage loan and submit evidence of such approval together with the application. Please contact the agent below for any questions or to submit your application: Lara Plaskon Sudbury Housing Trust 278 Old Sudbury Rd Sudbury, MA 01776 (978)639-3387 housinq(7a,Sudbury,Ma,US Project description The Manor House development is a development approved by the Lexington Planning Board on June 26,204. The project is located on 425-509 Woburn Street in the Town of Lexington, Massachusetts. The site is 1.98 acres, and the project consists of one building that will contain 51 units, of which six will be affordable and sold via lottery. The units are located on four floors,with underground parking. The units have hardwood floors, and have white appliances (refrigerator,stove top, microwave and dishwasher. The monthly Condominium fee ranges from$291.50 to$371.44,which represents a proportional share of the total condominium expenses covering landscaping and snow removal,taxes, insurance and contribution to reserve based on the square footage of the unit. The homeowner will also pay monthly real estate taxes using Lexington's 2017 tax rate of$14.48. The affordable unit will be offered under the Local Initiative Program (LIP), administered by Department of Housing and Community Development(DHCD), as a Local Action Unit(LAU). Local Action Units are created through local municipal action, in this case via the Town of Lexington's Special Permit for Planned Residential Developments. Sale prices of LAUs are set so that a household earning 70%of area median income would not expend more than 30% of income for housing. The Manor House—Affordable Homeownership Lottery Page 1 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 Old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing @.Sudbury.Ma.US 3Q'" INGOPQ� Unit# #BR Sales Price Condo Fee Square Footage 2017 Taxes 250, Style A 1 BR, 1.5 bath $154,400 $292 1081 $186/mo 217, Style F 2BR, 2 bath $167,500 $371 1379 $202/mo 221, 238, Style C 2BR, 2 bath $170,500 $350 1291, 1301 $206/mo 206, 233—Style D The units will be available to income eligible first-time homebuyers,with some exceptions permitted under the program, as noted in this application. Lottery description: 1. The applications for this housing opportunity will be generally available, including on-line, in hardcopy at the Lexington Town Offices, and Lexington Public Library, sent to anyone interested in the lottery. Notice of the lottery will be advertised,and communicated widely through local, regional and state channels. 2. Applications must be received in hardcopy and will be checked for completion of all required components.An application will be considered complete when all required items on the checklist have been provided.Applicants are encouraged to complete the checklist as an aide to the process. We do not accept email or fax submission of applications. 3. For all units, the applicant's household size will be determined from the application, and required number of bedrooms as indicated on the application.Within each lottery pool, priority shall be given to households requiring at least the number of bedrooms for that unit. Smaller households are encouraged to apply. 4. The applicant's income will be verified and compared to the income limits published by HUD for the Boston Metropolitan Statistical Area. Income includes all income prior to any deductions from all adult household members, and are determined using the method as in the HUD Section 8 program defined at 24 CFR 5.609.An imputed income amount of 0.06%of assets will be added to income for assets over$5,000. The current income limits will be used, currently the 2017 limits: 1 person-$54,750, 2 person -$62,550, 3 person-$70,350,4 person-$78,150 5. Household assets shall not exceed $75,000 in value.Assets include but are not limited to all cash, cash in savings accounts, checking accounts, certificates of deposit, bonds, stocks, the cash value of retirement accounts,value of real estate holdings and other capital investments. The value of necessary personal property(furniture, vehicles)is excluded from asset values. Equity from the sale of any home will be included with other household assets that cannot exceed the household asset value limits noted above. 6. Eligible applicants must be a First-time Homebuyer. This is further defined as a household that has not owned a home within three years, including in trust, preceding the application,with the exception of displaced homemaker, single parents and senior households(at least one household member is 55 or over). Any previously or currently owned home must be sold prior to purchase of the affordable unit. A displaced homemaker is an individual who is an adult,who has owned a home only with a spouse,who is legally separated from a spouse, and who does not currently own the home previously owned with a spouse. Single parents are individuals who owned a home with his or her partner or resided in a home owned by the partner and is a single parent(is unmarried or legally separated from a spouse and either has 1 or more children of whom the individual has custody or joint custody, or is pregnant); The Manor House—Affordable Homeownership Lottery Page 2 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 Old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing @.Sudbury.Ma.US 3Q'" INGOPQ� Additional exceptions are made for households that owned a principal residence not permanently affixed to a permanent foundation, and households that owned a property that was not in compliance with State, local or model building codes. Eligible applicants cannot own residential property,whether for primary, secondary or investment purposes. 7. Persons must submit all the necessary information by the application deadline. Late applications(applications mailed and/or received after the above date)and applications that are incomplete will not be accepted. No faxed or emailed applications will be accepted. 8. All applicants will be screened for eligibility.Applicants who have been deemed ineligible will be notified in writing of the decision and given time to contact the lottery agent in writing to disagree with the determination.A final lottery eligibility letter will be mailed to each applicant indicating their final eligibility determination, preferences and the lottery specifics(date/time). 9. The Town is committed to providing equal access to all applicants. The Local Pool will be balanced to avoid any disparate impact, ensuring that the local pool reflects the racial/ethnic balance of the HUD defined Metropolitan Statistical Area("MSA"). Specifically, if the percentage of minority local resident households in the local preference pool is less than the percentage of minorities in the surrounding HUD-defined area (27%), minority applicants will then be included from the general pool through a minority pre-balancing to the local preference pool through a minority pre- balancing. Applicants are able to claim minority preferences if they include self-declarations as proof. 10. Applicants that qualify for a local preference will be placed in the local pools. Four of the two-bedroom units are available for local residents.Applicants will be entered into all the pools for which they qualify; so a local resident will be included in both general and local pools. Local resident includes: ■ Current Lexington residents ■ Families with children enrolled in the Town of Lexington s schools; ■ Lexington municipal employees; or ■ People employed by businesses located in the Town of Lexington, including with a bona fide offer of employment. 11. There will be two lottery pools created for these opportunities. 1) General Pool (2 units): 2BR units 217, 238 2) Local Pool (4 units): 1 BR unit 250, 2BR units 206, 233,221 12. The lottery numbers will be pulled randomly by an independent third party in a public setting. Lottery numbers will be assigned a number in the sequence in which they are drawn and recorded in the order of selection on the Lottery Drawing Lists. The list of numbers drawn will be posted and letters will be mailed within three business days to the winners. 13. Once the tickets have been randomly drawn and listed in the drawn order, the unit is then ranked based on bedroom size.The top ranked household needing at least three bedrooms will be offered the opportunity to purchase the unit. The household size preference shall be given to households based on the following criteria. ■ There is at least one occupant and no more than two occupants per bedroom. ■ A husband and wife, or those in a similar living arrangement,shall be required to share a bedroom. ■ Other household members may share but shall not be required to share a bedroom. 14. The lottery agent shall maintain all Lottery Drawing Lists. In the event that any of the applicants withdraw for any reason,or do not comply with guidelines, the next qualified applicant in the lottery pool ranked by bedroom size need, will be offered the unit. 15. If there are more local units than local applicants needing all of the bedrooms of the unit, the local unit will be offered to the next ranked applicant in the general list needing all of the bedrooms in the unit. The ranked local applicants The Manor House—Affordable Homeownership Lottery Page 3 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing @.Sudbury.Ma.US 3Q'" INGOPQ� needing one fewer bedroom will then be considered in drawing order,followed by the ranked general applicants needing one fewer bedroom than in the unit. 16. Top ranked applicants are offered the next available unit. If any applicant is offered a unit and opts not to proceed, they will be moved to the bottom of the list, unless there are extenuating circumstances related to hardship. 17. The winners will sign a reservation form and provide a$1,000 deposit in the form of a certified or bank check within a mutually agreed upon timeframe. This is applied to the overall purchase amount. 18. Final qualification against all requirements will be verified before the execution of Purchase and Sale,and eligible applicants must be approved by DHCD before signing a P&S and again before closing (if closing is longer than 60 days from the Purchase and Sale)as determined by the Lottery Agent. 19. There are specific closing and financing requirements for loans on these units,which include the following. We strongly encourage households to apply through banks who are aware of the resale restrictions and guidelines for affordable housing programs.These banks will likely have access to additional first-time homebuyer programs that may be of great assistance and increase your buying power such as the Massachusetts Housing Partnership's ONE Mortgage Program or MassHousing no-MI product. • The loan must have a fixed interest rate through the full term of the mortgage. • The loan must have a current fair market interest rate. • The interest rate must be locked in—not floating. • The buyer must provide a down payment of at least 3%, 1.5% of which must come from the buyer's own funds. • The loan can have no more than 2 points. • The buyer may not pay more than 38%of their monthly income for monthly housing costs. • Mortgage co-signers are not accepted • Loans from non-institutional lenders will not be accepted. • FHA will no longer accept the deed rider that survives foreclosure. 20. The Fair Housing Act prohibits discrimination on the basis of race, creed, color, sex,age, disability, marital status, familial status, veteran status,sexual orientation, and/or national origin, or any other basis prohibited by law and is specifically prohibited in the sale of these units.An applicant who believes that they have been discriminated against in the buyer selection and sales process may contact: the Massachusetts Commission Against Discrimination; and/or the United States Department of Housing and Urban Development. 21. Disabled persons are entitled to request reasonable accommodation of rules, policies, or services, or reasonable modification of housing. 22. Resale process: The Monitoring Agent has up to 90 days after you give notice of your intention to sell the home to close on a sale to an Eligible Purchaser,or to close on a sale to a Monitoring Agent, or to a buyer that one of them may designate. This time period can be extended, as provided in the Deed Rider, to arrange for details of closing, to locate a subsequent purchaser if the first selected purchaser is unable to obtain financing, or for lack of cooperation on your part. If you attempt to sell or transfer the home without complying with the Deed Rider requirements, the Monitoring Agents may, among their other rights,void any contract for such sale or the sale itself. The Manor House—Affordable Homeownership Lottery Page 4 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing @.Sudbury.Ma.US 3Q'" INGOPQ� AFFORDABLE HOUSING APPLICATION Must Be Completed and Returned to Sudbury Housing Trust Office by DATE, 1 pm Applicant Legal Name _Phone Number E-mail Address _City State/Zip Co-Applicant Legal Name Phone Number E-mail Address City State/Zip I learned of this lottery from (check all that applies): Website: Letter: Advertisement: Other: THIS APPLICATION IS NOT COMPLETE IF NOT SUBMITTED WITH: Completed application signed by all individuals over the age of 18. Copy of 2014, 2015 and 2016 Federal tax returns, as filed,with W-2's and schedules for 2016 tax return,for every current or future person living in the household over the age of 18. State returns are not required. Include 2016 W2, and 2017 if available. Copy of five most recent consecutive pay stubs, and last paycheck of 2017. Current statements and documents that indicate the payment amounts from all other sources of income of all members listed on the application, such as family support, alimony, child support, Social Security benefits, pensions, unemployment compensation,workman's compensation, disability and any other form of income. Current statements (last 3 consecutive months)of all assets showing current value including all bank accounts, investment accounts, cash life insurance policies, retirement accounts: ■ On financial institution letterhead, Include all pages ■ Please explain any non-payroll deposits over$500 by notation on the statement. Mortgage pre-approval and proof of adequate assets to cover down payment and closing costs. These units are not eligible for FHA or family loans,and applicants cannot spend more than 38% of their monthly income for monthly housing costs. Documentation regarding current interest in real estate, if applicable. No Income Statement, signed and notarized,for any household member over 18 with no source of income, if applicable, containing the language"Under penalties of Perjury." No Child Support Statement,signed and notarized, if applicable, containing the language"Under penalties of Perjury." Gift Letter, signed by donor, if applicable, indicating that there is no expected repayment of the gift. Minority Self-Declaration Statement, signed and dated, if applicable, containing the language"Under penalties of Perjury." The Manor House—Affordable Homeownership Lottery Page 5 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 Old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing @.Sudbury.Ma.US 3Q'" INGOPQ� Household Information—List all members of your household including yourself. Number of Bedrooms Needed: Names of all Persons to Reside in Dwelling Relation to Married? Full Time Date of Minority (First Name, Middle Initial, Last Name) Head (Y/N) Student? Age Birth Category (Y/N) (Optional) HEAD 2 3 4 5 6 *Minority preference categories include only Native American or Alaskan Native, Black or African American,Asian, Native Hawaiian or Pacific Islander; or other(non-White); and the ethnic classification Hispanic or Latino. Requires a separate self- declaration document. Property-Do you own or have an interest in any real estate, land and/or mobile home? Yes ( ) No( ) Address: Current Value: [Provide current assessment information, and current mortgage statement] Have you disposed of any property for less than its value in the past two years? Yes ( ) No( ) If yes, attach a description Have you sold real estate or other property in the past three years? Yes ( ) No( ) If yes, attach settlement statement When: Address: Sales Price: Purchase Price plan: Purchase price: • Amount and source of Down Payment: • Amount and source of Gift: • Amount of Mortgage: • Available funds for Closing Costs: The Manor House—Affordable Homeownership Lottery Page 6 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 Old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing a(.,Sudbury.Ma.US 3Q'" INGOPQ� Income-List all income of all members over the age of 18 listed on application to reside in the unit, such as wages, child support, Social Security benefits, all types of pensions, employment, Unemployment Compensation, Workman's Compensation, alimony, disability or death benefits and any other form of income; including rental income from property. Adults with no income are required to submit a notarized statement. If additional space is needed, please attach another sheet. # Source of Income Address/Phone#of Source Amount per Year 1 2 3 4 5 TOTAL Assets-List all checking, savings accounts, CD's, stocks, bonds, retirement accounts,savings bonds and any other investments below. If additional space is needed, please attach another sheet. Household assets do not include necessary personal property. # Type of Asset Account No Value, Balance 1 Checking account 2 Savings account 3 Retirement account 4 Other: 5 Other: 6 Other: 7 Other: TOTAL The Manor House—Affordable Homeownership Lottery Page 7 °B��' Town of Sudbury Flynn Building Sudbury Housing Trust 278 old Sudbury Rd m Sudbury, MA 01776 978-639-3387 Housing a(.,Sudbury.Ma.US 3Q'" INGOPQ� APPLICANT(S)CERTIFICATION I/We certify that our household size is persons, as documented herein. I/We certify that our total household income equals$ as documented herein. I/We certify that our household has assets totaling$ as documented herein. I/We certify that the information in this application and in support of this application is true and correct to the best of my/our knowledge and belief under full penalty of perjury. I/We understand that false or incomplete information may result in disqualification from further consideration. I/We certify that I am/we, or our family, are not related to the Developer of The Manor House property, the Lottery Agent, the Monitoring Agent or any party of this project. I/We understand that it is my/our obligation to secure the necessary mortgage for the purchase of the home and all expenses, including closing costs and down payments, are my/our responsibility. I/We understand that if I/we do not obtain a mortgage commitment and sign a purchase and sale agreement within forty-five days after the lottery the unit will be offered to the next eligible applicant on the waiting list. I/We understand that this property will have a deed restriction which specifies the resale, refinance and other provisions of the property as outlined below. The restriction ensures that the unit remains affordable for future purchasers of the property. • The property must be the owner's principal residence. • The property can't be refinanced without prior approval of the Monitoring Agent(DHCD). Affordable units may not be refinanced for more than 97%of their Maximum Resale Price. • There is a limit on the resale price of the unit so that the unit will always be affordable. The formula for calculating the maximum resale price will be established at the time of purchase and will be based on the Area Median Income at the time of resale. If an owner wants to sell their affordable unit, they are required to notify the Massachusetts Department of Housing and Community Development(DHCD)and the Town. • No capital improvements can be made without the Monitoring Agent's pre-approval. I/We have been advised that a copy of the Local Initiative Program Affordable Housing Deed Rider is available with the Lottery Agent and on the DHCD website:_http://www,mass,goy/hed/does/dhcd/hd/lip/lipdeedrider,pdf I/We understand that if I/we are selected to purchase a home, I/we must continue to meet all eligibility requirements of the Monitoring Agent and any participating lender(s) until the completion of such purchase. I/We understand that I/we must be qualified and eligible under any and all applicable laws, regulations, guidelines, and any other rules and requirements. Your signature(s) below gives consent to the Lottery Agent or its designee to verify information provided in this application. The applicant agrees to provide additional information on request to verify the accuracy of all statements in this application. I/We consent to the disclosure of such information for the purpose of income, asset and any other verification related to my/our application. No application will be considered complete unless signed and dated by the Applicant/Co-Applicant. Applicant Signature Date Co-Applicant Signature Date THIS IS APPLICATION IS ONLY FOR THIS SPECIFIC DEVELOPMENT. The Manor House—Affordable Homeownership Lottery Page 8 Affordable Homeownership ... i k Opportunity Lexington, MA Manor House 509 Woburn Street, 2 Manor Terrace, Lexington, MA 02420 New Construction! 6 Units One 1 BR unit $154,400, Five 2BR units $167,500 to $170,500 Applications accepted October, 2017 through January, 2017, 1 p.m. Information Session: November, 2017 at 7 p.m. Lexington Lottery: January, 2018 at 7 p.m. Lexington Applicant Qualifications Include Income Limit (80%of area median income) 1 person-$54,750, 2 person -$62,550, 3 person-$70,350, 4 person -$78,150 Asset Limit$75,000 Lara Plaskon, Sudbury Housing Trust, Lottery Agent 278 Old Sudbury Road, Sudbury MA 01776 978-639-3387, Housing ft_sudbury.ma.us Deed Restrictions Apply Cottages at Depot Crossing does not discriminate based on race,color,national origin,religion,sex,familial status,and handicap(disability).Disabled persons are entitled to request a reasonable accommodation of rules,policies,practices,or ® services,or to request a reasonable modification of the housing,when such accommodations or modifications are necessary to afford the disabled person equal opportunity to use and enjoy the housing. or-AR T"Uhl l I V OOP OR T"LL�hl l IV C/� c 1 w uw •, U 3 H _ ' z,. rl ITLl r❑cV S Q N � O ❑ ❑ ❑ U O , i f-- w i dJ p ❑ F R' J z —3❑ m �a w v � CO CO O N � � N �O N JO j 1 4 r Y UW m OU 3�-s� � z= wc7 N IT N � m co r- v G❑ N F e V N m}o 06 W� _ w El d� w �� PG oN�ic moo` a OVV memz �- 2 e �S O h C 2 J y x 4 F y SLL MA LL ;z Dx n LL oc ry�o L�-,6 0 0 Ell z N 0 i EE El mazo W F _. &8 6 � o N O o a � .n z 0 � 1 O iO o ❑ m_ O Q LL OO�'�WLL zNUQzIle \� 2 m QJQ/CIZO'�4. 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O o � N w � m N � Lu d x x 0 �A � n n � � oc O ' � O d a � I � I (V � N 10 x m x � W r Q AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Grant of Location for Eversource on Cedar St. (5 min.) ITEM PRESENTER: NUMBER: 1.2 SUMMARY: NSTAR Electric Company DBA Eversource Energy for the purpose of obtaining a Grant of Location to install 67± feet of conduit in Cedar Street Installation Northwesterly from pole 17/31 approximately 178 feet west of Homestead Street a distance of 67± feet of conduit. The reason for this work is to provide electric service to a new residential development called Penny Lane(proposed). SUGGESTED MOTION: Engineering recommends approval of petition. FOLLOW-UP: Engineering-right of excavation permit. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 7:30 p.m. ATTACHMENTS: Description Type D Potitionr sn 'd pk , Cbvor Mlo nu> D Allbutternotice CbvorMlom) WO#2220400 CEDAR ST. LEXINGTON, MA 02421 65/5 173 CEDAR ST 65/6 167 CEDAR ST N/F STAECKER PETER W & EDMUNDS SUSAN M 167 CEDAR ST LEXINGTON, MA 02421 58/1 163 CEDAR ST N/F GAO YONG & HU QIAN 163 CEDAR ST LEXINGTON, MA 02421 58/261 A 5 FREEMONT ST N/F CHIN PETER W &ANNIE W 5 FREEMONT ST LEXINGTON, MA 02421 58/260A 6 FREEMONT ST N/F BRAND JOSHUA B & KEENAN CHERYL 6 FREEMONT ST LEXINGTON, MA 02421 RSO 200 Calvary Street Waltham,Massachusetts 02453 ENERGY September 13, 2017 Board of Selectmen Town Hall 1625 Massachusetts Ave Lexington, MA 02420 RE: Cedar Street Lexington, MA W/O#2220400 Dear Members of the Board: The enclosed petition and plan are being presented by the NSTAR Electric Company DBA Eversource Energy for the purpose of obtaining a Grant of Location to install 67± feet of conduit in Cedar Street The reason for this work is to provide electric service to a new residential development called Penny Lane. If you have any further questions, contact Maureen Carroll at 781-314-5053. Your prompt attention to this matter would be greatly appreciated. Very truly yours, Kelly-A:nn Correia, Supervisor Ri lits and Pel-inits KAC/kj Attachments PETITION OF NSTAR ELECTRIC COMPANY DBA EVERSOURCE ENERGY FOR LOCATION FOR CONDUITS AND MANHOLES To the Board of Selectmen of the Town of LEXINGTON Massachusetts: Respectfully represents NSTAR ELECTRIC COMPANY DBA EVERSOURCE ENERGY a company incorporated for the transmission of electricity for lighting, heating or power, that it desires to construct a line for such transmission under the public way or ways hereinafter specified. WHEREFORE, your petitioner prays that, after due notice and hearing as provided by law, the Board may by Order grant to your petitioner permission to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by A. Debenedictis Dated September 11, 2017 and filed herewith, under the following public way or ways of said Town: Cedar Street - Northwesterly from pole 17/31 approximately 178 feet west of Homestead Street a distance of 67 ± feet of conduit W/O #2220400 NSTAR ELECTRIC COMPANY DBA EVERSOURCE ENERGY BY Kelly-Ann Correia, Supervisor Rights 8s Permits Dated this 13th Day of September Town of LEXINGTON Massachusetts Received and filed 2017 B.E.Co. Form X5435 (518-21) ORDER FOR LOCATION FOR CONDUITS AND MANHOLES Town of LEXINGTON WHEREAS, NSTAR ELECTRIC COMPANY DBA EVERSOURCE ENERGY has petitioned for permission to construct a line for the tranmission of electricity for lighting, heating or power under the public way or ways of the Town thereinafter specified, and notice has been given and a hearing held on said petition as provided by law. It is ORDERED that NSTAR ELECTRIC COMPANY DBA EVERSOURCE ENERGY be and hereby is granted permission to construct and a location for, such a line of conduits and manholes with the necessary wires and cables therein under the following public way or ways of said Town: Cedar Street - Northwesterly from pole 17/31 approximately 178 feet west of Homestead Street a distance of 67 ± feet of conduit W/O #2220400 All construction work under this Order shall be in accordance with the following conditions: 1. Conduitsand manholes shall be located as shown on the plan made by A. Debenedictis, Dated September 11, 2017 on the file with said petition. 2. Said shall comply with the requirements of existing by-laws and such as may hereafter be adopted governing the construction and maintenance of conduits and manholes. 3. Company All work shall be done to the satisfaction of the Board of Selectmen or such officer or officers as it may appoint to supervise the work. 1 2 _ Board of Selectmen 3 the Town of 4 LEXINGTON ......... ..__... 5 CER.. TIFICATE We hereby certify that the foregoing Order was adopted after due notice and a public hearing as prescribed by Section 22 of Chapter 166 of the General Laws (Ter. Ed.), and any additions thereto or amendments thereof, to wit:-after written notice of the time and place of the hearing mailed at least seven days prior to the date of the hearing by the Selectmen to all owners of real esLaLe abuLLing upun thaL part of the way or ways upon, along or across which the line is to be constructed under said Order, as determined by the last preceding assessment for taxation, and a public hearing held on the ___ day o _ .,, ,...._,.. . 2017 at in said Town. 1 2 Board of Selectmen . ._ ... 3 the Town of 4 mmIT IT� LEXINGTON .......... ............. _. 5 CERTIFICATE I hereby certify that the foregoing are true copies of the Order of the Board of Selectmen of the Town of LEXINGTON, Masssachusetts, duly adopted on the .. ..... ..........w............,.,...,.......,. day of ...................,.,.,.,.,.,.,..........., ......._ 2017 and recorded with the records of location Orders of said Town, Book , Page and of the certificate of notice of hearing thereon required by Section 22 of Chapter 166 of the General Laws (Ter.Ed.) and any additions thereto or amendments thereof, as the same appear of record. Attest: Clerk of� ...... a. __........ the Town of LEXINGTON, Massachusetts BECo Form X5437 (518-22) ------- ..... ............- z ma U) ............. -------- ......... . .. " O Z + CIDO J —j co N w JLIJ O N Z Elf U) LLJ LL \ o \ � L.a ® a o O Z w m CD � $ o 0 00 w Z W W p C) K) O ¢ a , tA LU a z 0 n w ` z z CQ� yy= x o 5 4 "w „ J ~ ryJ ^ s ryw'. 1 �` "� pb r� r,� b W.. �.3 N O 5 '001 130dbd -XOdddd = o r v 10)c F- 0 Q LLI CIL '��I f m U R . TI X� •, ro o is W U) in can N F— m —� v U) LLJ M m ( CD er w w OOc u O z s L \w z0z � oo w Q z' L a mar jj�0 J � O �- w ® Y °7 o. K ,rI q. C� 0 0 a "f"J OCd / N w o Nb� z m z '—' 11J O Otld� ce-O� wN � % W(a3sodOV// c< z w) "' °O a fc �, a )d� :OP 0a _H v a __. < r � K W � (n z w, W U) � uj p ✓ z z \wLLO Z � ~ �✓ � � Sao LC) Lu < v < COU zQw � � " �'' oc 'm 0 (~l7w � U) X U # oz r r. (p d O N ti Q) ry 001 130db'd 'XOdddd Cf) ell 0 Qh Q .— z w w cD O L- w Z � � N\w z0- z ® _ y 00w za � Q U-) H D Ln < w w U} LLJ Va � vzwo s 0 . z a r Li J Q p v C) < r Of Q V) L pwu O O W LA LA a 01 "" - e NOTICE TO ABUTTERS September 14, 2017 In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, October 2nd, 2017 at 7:00 p.m., upon the following petition of Eversource Energy, formally NSTAR Electric, for permission to construct and locations for a line of conduits and manholes with the necessary wires and cables therein under the following public way of said Town: Cedar St: Northwesterly from pole 17/31 approximately 178 feet West of Homestead Street a distance of 67 # feet of conduit By: Tr cia,Malatasta, ELnginccring Adc Dcpartmcnt of F'uklic Works/ELngincc ring Please direct inquiries to the Eversource Representative: Maureen Carroll (781 ) 314-5053 Copies to: Eversource Energy Maureen Carroll Rights & Permits 200 Calvary Street Waltham, MA 02453 STAECKER PETER W & EDMUNDS BRAND JOSHUA B & KEENAN SUSAN M CHERYL 167 CEDAR ST 6 FREEMONT ST LEXINGTON, MA 02421 LEXINGTON, MA 02421 GAO YONG & HU QIAN 163 CEDAR ST LEXINGTON, MA 02421 CHIN PETER W & ANNIE W 5 FREEMONT ST LEXINGTON, MA 02421 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Grant of Location for verizon- Mass. Ave. (5 min) PRESENTER: ITEM NUMBER: E. Everettte Bryan, SR/WA, Rights of Way Engineer, EDS for Verizon 1.3 SUMMARY: Petition for a Grant of Location across Massachusetts Ave. in conjunction with the MassDOT Mass Ave project Install an underground conduit at Pole 57/44 on westerly side, place approximately 30 feet of underground conduit across Massachusetts Ave. to proposed Hand-hole No. 789. Remove Pole# 57/44A and replace with one Hand-Hole# 789 in sidewallc for splicing underground cables and wires. SUGGESTED MOTION: Approval FOLLOW-UP: Engineering DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 7:35 p.m. ATTACHMENTS: Description Type D Mass.Ave.Ch,n duct Petitions. Rackup Matorrinl D Mass Ave conduit pk.nr, Rackup Ma orrinl D Mass Ave con duct allbutterr notice Rackup Matorrinl FORM MASS.551 11-1-45 PETITION FOR CONDUIT LOCATION--CITIES AND TOWNS To the Board of Selectmen of the Town of Lexington, Massachusetts. VERIZON NEW ENGLAND INC. requests permission to lay and maintain underground conduits and manholes with the wires and cables to be placed therein, under and upon the surface of the following public way or ways:- MASSACHUSETTS AVENUE: From Jointly-Owned Pole No. 57/45,place approximately 50 feet of underground conduit across Massachusetts Ave. to proposed Hand-Hole No. 789. Remove Pole 457/45-A and replace with one Hand-Hole 4789 in sidewalk for splicing underground cables and wires. Also for permission to lay and maintain underground conduits, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as it may desire for distributing purposes. Plan marked — Verizon N.E. Inc., No. P2017-4AOA5WW dated July 17, 2017 and revised Sept. 6, 2017, showing location of conduit to be constructed is filed herewith. VERIZON NEW ENGLAND INC. By: E. Everette Bryan, SR/WA, Rights of Way Engineer Dated this 171h day of July, 2017 and Revised the 6fh Day of September, 2017 Mass.Fonn 553 9-81 ORDER FOR CONDUIT LOCATION In Board of Selectmen of the Town of Lexington, Massachusetts. ORDERED: That permission be and hereby is granted the VERIZON NEW ENGLAND INC. to lay and maintain underground conduits and manholes, with the wires and cables to be placed therein, under the surface of the following public way or ways as requested in petition of said Company dated the 17th day of July, 2017 and Revised the 61h Day of September, 2017. MASSACHUSETTS AVENUE: From Jointly-Owned Pole No. 57/45,place approximately 50 feet of underground conduit across Massachusetts Ave. to proposed Hand-Hole No. 789. Remove Pole 457/45-A and replace with one Hand-Hole 4789 in sidewalk for splicing underground cables and wires. Substantially as shown on plan marked—Verizon N.E., Inc. No. P2017-4AOA5WW, Dated July 17, 2017 and Revised Sept. 6, 2017- filed with said petition. Also that permission be and hereby is granted said VERIZON NEW ENGLAND INC. to lay and maintain underground conduits, manholes, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as it may desire for distributing purposes. The foregoing permission is subject to the following conditions:-- The conduits and manholes shall be of such material and construction and all work done in such manner as to be satisfactory to the Board of Selectmen or such officers as it may appoint to the supervision of the work,and a plan showing the location of conduit constructed shall be filed with the Town when the work is completed. Said Company shall indemnify and save the Town harmless against all damages,costs and expense whatsoever to which the Town may be subjected in consequence of the acts or neglect of said Company,its agents or servants,or in any manner arising from the rights and privileges granted it by the Town. In addition said Company shall,before a public way is disturbed for the laying of its wires or conduits,execute its bond in a penal sum of Five Thousand Dollars($5,000.00)(reference being had to the bond already on file with said Town)conditioned for the faithful performance of its duties under this permit. Said Company shall comply with the requirements of existing by-laws and such as may hereafter be adopted governing the construction and maintenance of conduits and wires,so far as the same are not inconsistent with the laws of the Commonwealth. 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 , 2017 . Clerk of Selectmen We hereby certify that on , 2017 , at _o'clock .M., at a public hearing was held on the petition of the VERIZON NEW ENGLAND INC. for permission to lay and maintain underground conduits, manholes and connections, with the wires and cables to be placed therein, described in the order herewith recorded, and that we mailed at least seven days before said hearing a written notice of the time and place of said hearing to each of the owners of real estate (as determined by the last preceding assessment for taxation) along the ways or parts of ways upon which the Company is permitted to construct the lines of said Company under said order, and that thereupon said order was duly adopted. Selectmen of the Town of Lexington CERTIFICATE I hereby certify that the foregoing is a true copy of a location order, and certificate of hearing with notice adopted by the Board of Selectmen of the Town of Lexington, Massachusetts, on the day of , 2017, and recorded with the records of location orders of said Town, Book , Page . This certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Town Clerk C:Docs/Muni/Lexington/Petitions/P2017-4AOA5 W W.DOC See Sheet#2 0 'Plainfield Street mM ffia ma ua a' t: a. r. �c c� Curve Street n Gibson Road r. C7 d E : 19 a s S E w Barnes Pace P ..,. x � ce � ^ a rr w ,t CZ .. a� -:. + rea w q � T w r4 Z, s fl im e Ca 3n r a y ap we ` NOTICE TO ABUTTERS September 25, 2017 In conformity with the requirements of Section 22 of Chapter 166 of the General Laws (Ter. Ed.), you are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, October 2nd, 2017 at 7:00 p.m., upon the following petition of Verizon/Eversource Energy, formally NSTAR Electric, for permission to construct and locations for a line of conduits and manholes with the necessary wires and cables therein under the following public way of said Town: MASSACHUSETTS AVENUE: From Jointly-Owned Pole No. 57/44 on westerly side, place approximately 30 feet of underground conduit across Massachusetts Ave. to proposed Hand-hole No. 789. Remove Pole # 57/44A and replace with one Hand-Hole # 789 in sidewalk for splicing underground cables and wires. Tri,cE,a MaLatesM Engineering Aide Department of Public Works/Engineering Please direct inquiries to: E. Everettte Bryan, SR/WA, Rights of Way Engineer 781-307-5286 Copies to: Joseph Tassone Eric Klem & Elizabeth Teague 38 Robinson Dr. 782 Mass Ave Bedford, MA 01730 Lexington, MA 02420 Michael J. Keegan & Jennifer W. Keegan 794 Mass Ave, Unit 1 Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Pole Relocation along Mass. Ave. - verizon/Eversource (5 min.) PRESENTER: ITEM NUMBER: E. Everette Bryan, EDS in partnership with Verizon 1.4 SUMMARY: A vote is requested for this agenda item. Relocation of poles along Mass Ave in conjunction with the MassDOT reconstruction project. Proposal of Verizon/Eversource to relocate poles in Lexington as follows: MASSACHUSETTS AVENUE: Relocate existing jointly-owned pole No(s). 57/41, 57/43, 57/44, 57/47, 57/48, 57/60-A, 57/63, 57/66, 57/66-A, as indicated on Petition Plan# P2017-4AOA5WW MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan#P2017-4AOA5WW MAPLE STREET: Relocate existing jointly-owned pole no(s). 61/1 and 61/2 as indicated on Petition Plan# P2017-4AOA5W W SUGGESTED MOTION: Move to approve the relocation of the following utility poles on Massachusetts Avenue, Marrett Road and Maple Street, in accordance with the MassDOT reconstruction project: Mass. Ave.:relocation of jointly owned pole No(s). 57/41, 57/43, 57/44, 57/47, 57/48, 57/60-A, 57/63, 57/66, 57/66-A, as indicated on Petition Plan# P2017-4AOA5W W MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan#P2017-4AOA5WW MAPLE STREET: Relocate existing jointly-owned pole no(s). 61/1 and 61/2 as indicated on Petition Plan# P2017-4AOA5W W. FOLLOW-UP: Engineering DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 7:40 p.m. ATTACHMENTS: Description Type D Mass Ave llok Robeation,Nnm, 11 rov. Cbvor Mom) D Mass Ave llokl Robeation,Nnm,2 rov Cbvor Mom) D Mass Ave llokl Robeation.lliropos.d Cbvor Mom) D Mass Ave llokl Robeation,Allbutter Hst Cbvor Mom) D Mass Ave llokl Robeation,Allbutter Notice Cbvor Mom) See sheet#2 independence Ave. wu; Carve Street South < sa « soy c ® n' Gibson Road 99 sw ? a2 " > S ` arL_m z N o nes Place _ q ° South w L ZA Mo i Rhodes Street i I * m + m ..V 0 wae,' ms ' y Qa � � l 41 7(8 a� V ti f c C i � I w, m _ MapRe Street ; jo tn c I e_�A _ Mass.Form 568 9-81 PETITION FOR JOINT POLE RELOCATION To the Board of Selectmen of the Town of Lexington, Massachusetts. VERIZON NEW ENGLAND INC. and EVERSOURCE ENERGY d/b/a NSTAR ELECTRIC request permission to relocate poles, wires, cables and fixtures, including anchors, guys and other such necessary sustaining and protecting fixtures, along and across the following public way or ways:- MASSACHUSETTS AVENUE: Relocate existing jointly-owned pole No(s). 57/41, 57/43, 57/44, 57/47, 57/48, 57/60-A, 57/63, 57/66, 57/66-A, as indicated on Petition Plan 4 P2017-4AOA5WW MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan 4P2017-4AOA5WW MAPLE STREET: Relocate existing jointly-owned pole no(s). 61/1 and 61/2 as indicated on Petition Plan 4 P2017-4AOA5WW Wherefore they ask that they be granted a joint relocation for and permission to erect and maintain poles, wires and cables, together with anchors, guys and other such sustaining and protecting fixtures as they may find necessary, said poles to be erected substantially in accordance with the plan filed herewith marked— Verizon N.E. Inc., No. P2017-4AOA5WW dated July 17, 2017 and Revised Sept. 6, 2017. Also for permission to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each of said petitioners may desire for distributing purposes. Your petitioners agree to reserve space for one cross-arm at a suitable point on each of said poles for the fire,police, telephone and telegraph signal wires belonging to the municipality and used by it exclusively for municipal purposes. VERIZON NEW ENGLAND INC. By: E. Everettte Bryan, SR/WA, Rights of Way Engineer EVERSOURCE ENERGY d/b/a NSTAR ELECTRIC By: (Signature) Printed Name/Title: VROW/General/TemplatesJo pole relocation 2001 EEB.doc Mass Fonn 569 8-1-73 ORDER FOR JOINT POLE RELOCATION By the Board of Selectmen of the Town of Lexington, Massachusetts. ORDERED: That the VERIZON NEW ENGLAND INC. and EVERSOURCE ENERGY d/b/a NSTAR ELECTRIC be and they are hereby granted a joint relocation for and permission to erect and maintain poles and their respective wires and cables to be placed thereon, together with anchors, guys and other such sustaining and protecting fixtures as said Companies may deem necessary, in the public way or ways hereinafter referred to, as requested in petition of said Companies dated the 17TU day of July, 2017. All construction under this order shall be in accordance with the following conditions:- Poles shall be of sound timber, and reasonably straight and shall be set substantially at the points indicated upon the plan marked -VERIZON NEW ENGLAND INC., No. P2017-4AOA5WW Dated July 17 and Revised September 6th, 2017,- filed with said petition. There may be attached to said poles by said VERIZON NEW ENGLAND INC. not to exceed 20 wires and 6 cables and by said EVERSOURCE ENERGY d/b/a NSTAR ELECTRIC,wires and cables necessary in the conduct of its business and all of said wires and cables shall be placed at a height of not less than 14 feet from the ground. The following are the public ways or parts of ways along which the poles above referred to may be erected, and the number of poles which may be erected thereon under this order:- MASSACHUSETTS AVENUE: Relocate existing jointly-owned pole No(s). 57/41, 57/43, 57/44, 57/47, 57/48, 57/60-A, 57/63, 57/66, 57/66-A, as indicated on Petition Plan 4 P2017-4AOA5WW MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan 4P2017-4A0A5WW MAPLE STREET: Relocate existing jointly-owned pole no(s). 61/1 and 61/2 as indicated on Petition Plan 4 P2017-4AOA5WW Also that permission be and hereby is granted to each of said Companies to lay and maintain underground laterals, cables and wires in the above or intersecting public ways for the purpose of making connections with such poles and buildings as each may desire for distributing purposes. 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 2017. Town Clerk CERTIFICATE I hereby certify that the foregoing is a true copy of a joint relocation order adopted by the Board of Selectmen of the Town of Lexington, Massachusetts, on the day of 2017, and recorded with the records of location orders of said Town, Book Page This certified copy is made under the provisions of Chapter 166 of General Laws and any additions thereto or amendments thereof. Attest: Town Clerk C:Docs/Muni/Lexington/Petitions/P2017-4AOA5 W W Verizon Petition P2017-4AOA5WW Abutter List for Pole Relocations Massachusetts Ave., Maple St. & Marrett Road 1. 736 Mass Ave.—N/F Ned D. Strong &Julie M.Tucker-Strong, 736 Mass Ave., Lexington, MA 02420 2. 754 Mass. Ave. —N/F John Fissore, 756 Mass. Ave., Lexington, MA 02420 3. 763 Mass Ave.—N/F Follen Church Society LLC, 763 Mass Ave., Lexington, MA 02420 4. 782 Mass Ave.—N/F Eric Kelm & Elizabeth Teague, 782 Mass. Ave., Lexington, MA 02420 5. 794 Mass Ave.—Michael J. Keegan &Jennifer W. Keegan, 794 Mass. Ave., Unit 1, Lexington, MA 02420 6. 789 Mass Ave.—N/F Joseph Tassone, 38 Robinson Dr., Bedford, MA 01730 7. 812-814 Mass Ave. —N/F Mohammed Salem, 812 Mass. Ave., Lexington, MA 02420 8. 822 Mass Ave.—N/F Kenneth A. &Joan C. Dunn 9. 822 Mass Ave. Unit 1— N/F Dorothea Gillim &Sean Osborne, 822 Mass. Ave., Lexington, MA 02420 10. 822 Mass. Ave. Unit 2—Elizabeth Baxter, 822 Mass. Ave. Unit 2, Lexington, MA 02420 11. 840 Mass Ave.—N/F John F. &Judith L. Brosnan, 840 Mass Ave., Lexington, MA 02420 12. 844 Mass Ave.—N/F Frank Chen, 844 Mass Ave. Lexington, MA 02420 13. 856 Mass Ave.—N/F Roman P. & Misuk Legocki, 51 Subbury Rd.,Weston, MA 02193 14. 1062 Mass Ave.— N/F Sparrow Builders 1062 Mass Ave LLC, 1062 Mass. Ave., Lexington, MA 02420 15. 1061 Mass Ave.— N/F David W. Anderson, 1061 Mass Ave., Lexington, MA 02420 16. 1071 Mass. Ave.—N/F Juan &Susannah Patarroyo-White, 1071 Mass.Ave., Lexington, MA02420 17. 1083 Mass.Ave.—N/F Elizabeth Ann Horton,TR &Co-Pwner Elizabeth Ann Horton 2007 Trust, 1083 Mass Ave., Lexington, MA 02420 18. 1088 Mass Ave.— N/F Christopher J. &Jennifer B. Velis, 1088 Mass Ave., Lexington, MA 02420 19. 5 Maple St.— N/F Ethan C. &Amanda J. Settembre, 5 Maple St., Lexington, MA 02420 20. 7 Maple St.— N/F Joseph C. Caruso &Tara Fleming-Caruso, 7 Maple St., Lexington, MA 02420 21. 1095 Mass Ave.— N/F Lexington Auto Care LLC, 1095 Mass Ave., Lexington, MA 02420 22. 1099 Mass Ave.— N/F John Michael Gawoski & Beverly Robin Seavey, 1099 Mass Ave., Lexington, MA 02420 23. 1109 Mass Ave.— N/F Andrew J. Dickholtz &Jeannine W. Hunt, 1109 Mass Ave., Lexington, MA 02420 24. 1115 Mass Ave.— N/F Casimir R. Groblewski &Teresa M. Zabik, 115 Mass Ave., Lexington, MA 02420 25. 1123 Mass Ave.— N/F Sophia M. Braun Trust, 1123 Mass Ave., Lexington, MA 02420 26. 1116 Mass Ave.— N/F Randall Conrad &Christine Dall, 1116 Mass Ave., Lexington, MA 02420 27. 1122 Mass Ave.— N/F Gerald F. & Kathryn A. Lanson, 1122 Mass Ave., Lexington, MA 02420 28. 1132 Mass Ave.— N/F Chian-Shan &Yan Oiyi, 1132 Mass Ave., Lexington, MA 02420 29. 8 Marrett Road—N/F James &Anne McLoughlin, 8 Marrett Rd, Lexington, M A 02420 NOTICE TO ABUTTERS September 27, 2017 You are hereby notified that a public hearing will be held in the Selectmen's Meeting Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on Monday, October 2nd, 2017 at 7:00 p.m. regarding the proposal of Verizon/Eversource to relocate poles in Lexington as follows: MASSACHUSETTS AVENUE: Relocate existing jointly-owned pole No(s). 57/41, 57/43, 57/44, 57/47, 57/48, 57/60-A, 57/63, 57/66, 57/66-A, as indicated on Petition Plan # P2017- 4AOA5 W W MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated on Petition Plan #P2017-4AOA5WW MAPLE STREET: Relocate existing jointly-owned pole no(s). 61/1 and 61/2 as indicated on Petition Plan # P2017-4AOA5WW These pole moves are required in conjunction with the MassDOT project along the East Mass Ave corridor. The poles are existing and therefore no Grant of Location is requested or required but the review by the Selectmen of the new locations is requested by Verizon and its agent. Please direct inquiries to: E. Everettte Bryan, SR/WA, Rights of Way Engineer 781-307-5286 Tri,cE,a MaLatesM Engineering Aide Department of Public Works/Engineering Copies to: Ned D.&Julie M.Tucker Strong Joseph Tassone John F.&Judith L. Brosnan 736 Mass Ave. Robinson Dr. 840 Mass Ave. Lexington, MA 02420 Bedford, MA 01730 Lexington, MA 02420 John Fissore Mohammed Salem Frank Chen 756 Mass.Ave. 812 Mass.Ave. 844 Mass Ave. Lexington, MA 02420 Lexington, MA 02420 Lexington, MA 02420 Follen Church Society LLC Kenneth A.&Joan C. Dunn Roman P.& Misuk Legocki, 763 Mass Ave. 822 Mass Ave. 51 Sudbury Rd. Lexington, MA 02420 Lexington, MA 02420 Weston, MA 02193 Eric Kelm& Elizabeth Teague Dorothea Gillim&Sean Osborne Sparrow Builders, 1062 Mass 782 Mass.Ave. 822 Mass Ave. Unit 1 Ave LLC 1062 Mass.Ave. Lexington, MA 02420 Lexington, MA 02420 Lexington, MA 02420 Michael J.&Jennifer W. Elizabeth Baxter David W.Anderson Keegan,794 Mass.Ave. Unit 1 822 Mass.Ave. Unit 2 1061 Mass Ave. Lexington, MA 02420 Lexington, MA 02420 Lexington, MA 02420 Juan&Susannah Patarroyo- Lexington Auto Care LLC Sophia M. Braun Trust White 1071 Mass.Ave. 1095 Mass Ave. 1123 Mass Ave. Lexington, MA 02420 Lexington, MA 02420 Lexington, MA 02420 Elizabeth Ann Horton,TR John Gawoski& Beverly Seavey Randall Conrad&Christine Dail 1083 Mass Ave. 1099 Mass Ave. 1116 Mass Ave. Lexington, MA 02420 Lexington, MA 02420 Lexington, MA 02420 Christopher J.&Jennifer B.Velis Andrew Dickholtz&Jeannine Gerald F.& Kathryn A. Lanson 1088 Mass Ave. Hunt 1122 Mass Ave. Lexington, MA 02420 1109 Mass Ave. Lexington, MA 02420 Lexington, MA 02420 Ethan &Amanda Settembre, Chian-Shan&Yan Oiyi 5 Maple St. Casimir Groblewski&Teresa 1132 Mass Ave. Lexington, MA 02420 Zabik Lexington, MA 02420 115 Mass Ave. Joseph &Tara Fleming Caruso Lexington, MA 02420 James&Anne McLoughlin 7 Maple St. 8 Marrett Rd Lexington, MA 02420 Lexington, MA 02420 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water/Sewer Abatement Appeal (15 min) PRESENTER: ITEM NUMBER: Carolyn Kosnoff,Assistant Town Manager for Finance 1.5 SUMMARY: No vote is requested for this agenda item. Water/Sewer customers who believe their bills are incorrect may file an appeal. The process is: 1. Owner/customer files written appeal with DPW Water/Sewer Business Manager; 2. Business Manager makes a recommendation to the Water/Sewer Abatement Board(W SAB)based on established guidelines established by the Abatement Board; 3. W SAB, at a public meeting, makes a determination on the appeal and staff recommendation; 4. If the customer does not agree with this determination, they can present their case directly to the WSAB for further consideration; 5. If the customer still does not agree with the determination of the W SAB, they can appeal to the Board of Selectmen. The Assistant Town Manager for Finance recommends that the Board hear the appeal and take it under advisement, for subsequent analysis and Board determination. SUGGESTED MOTION: NA FOLLOW-UP: ATM for Finance will provide Selectmen with additional analysis if requested. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 7:45 p.m. ATTACHMENTS: Description Type D WSABAII-mtonunt(Adadation, Rackup Matorinl of N of U O O O m F F F 0 F � c •• y O (O (O O N N p (V Q N p N M N LL7 M N LL7 M 656 m co r N o C m o m co s `fl (n U Q N La N N s CDN CD N N U co co co co M co O N N O O O O O (O (O 12 m 16 m W m r U # 00 N y rn m r rn v ro � o m >Y 0I sA U3 U3 U p o co o G o co o G o co O ate+ CD CD O LL LL LL 0 0 0 0 0 0 o O o v m m v m m v m m � n Q O N v v v F � � U Q � a� y s rj U U N O o N o 0 0I `m U R in R in R in R in R in 0 m W r LLq p N r O V LL� V d d of of ro d r r d r r d r r � fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA fA O O LL� Of � iy o co o co n o coo co �p o co o co � o co o co iy o co o co m co N M M co O LI) A O N M (O m O W O O M of V M o co o co O o coo co Q) o co o co pp o co co n o co o co O O O v u� O O O O O m LLLL LLLL LLLL LLLL LLLL C � 7 O l ' V m o a ro o ro o ro o ro o ro m ro ro ro ro ro O V n O V A O v n O v n O V n Replaced Water Sewer Read Date Bill# Read Type Read Usage Usage Use Days Charge Charge 5/23/2017 0 1 1151 2 0 180 $ - $ - 3/29/2017 870835 M 1149 50 0 188 $ 206.80 $ 385.30 9/22/2016 856330 W 1099 70 0 182 $ 319.60 $ 608.70 3/24/2016 841675 W 1029 100 0 184 $ 500.20 $1,058.00 9/22/2015 827357 M 929 62 0 173 $ 261.56 $ 510.98 4/2/2015 812859 A 867 76 0 197 $ 324.48 $ 696.72 9/17/2014 803424 M 791 75 0 180 $ 319.30 $ 685.20 3/21/2014 771541 A 716 41 0 182 $ 137.37 $ 291.43 9/20/2013 757626 M 675 33 0 183 $ 109.23 $ 231.00 3/21/2013 734172 A 642 97 0 184 $ 427.61 $1,037.54 9/18/2012 720443 M 545 61 0 181 $ 228.80 $ 515.74 Total Avg. Daily Charge Usage $ - 0.467 0 $ 592.10 0.266 592.1 $ 928.30 0.385 928.30 $ 1,558.20 0.543 1,558.20 $ 772.54 0.358 772.54 $ 1,021.20 0.386 0.00 $ 1,004.50 0.417 0 $ 428.80 0.225 3.50 $ 340.23 0.18 340.23 $ 1,465.15 0.527 0.00 $ 744.54 0.337 0 �I OI rl N OI co n O a) R R R Cl) � U 0co F- F F �I .R. O c NI o r ry in r v Q d m r c° in coo c° N E N N � — � m m m N c° m m v v v v in in U _ d3 E R Q m Cu O N e> F» F» F» F» F» F» F»F»F» F» F»F»F»F» F»F»F»F» M -0p N ry o m m o n ry m o� m v c° in in m Cl) m LO m o N o 41 N v ry M c° c° r �m N c i. .�.. _ U fO f4 M .x N N 00 00 O a i R C m co 00 00 00 0 O w o a a a N y o R - - - - _ U) Q O 7 y _ m o m m c° in r "a R N ry ry r N m m `I a O S IN m m u 6 co N N NO0) J N O Q N 6 6 in 0) R dQ ry ry ry ry _ I y n f0 LO VI in ry M ry m in in O _N N U lL lL U- M RC .R. C N N N m NNE°- v m N o� 0 0 o v M ry N m 0I w Q m � N m m ry � v w a u7 co f0 0 C Cu co 7 O Q o Q N O � & 6 co co 6in s%-1`w m m cn ds "36 i° CmCC m �� M C d mNttS, Q R � coQ H F F m o v _ u R T m y N 0 y E J N LO LO O 7 f0 y Cl) LO coo f0 m Oi O O O O O o O Ci O'. 00 00 d v; 0 m O^ V N r N .�.. 00 y3 00 y3 00 y3 > 3� a o N � gym- oM c° Mo 0 0 a o rn rn rn r U o y d R Cu C A e » CD O R .0 `c' U a10i a Q 2 4 Q;; A m v ry coin r v m m m m r i N co in co _ f0 F m LL O w Q O m O C ° N E tk i° O in r m u#7 o # U m o m m m m m ni°,. '. w m N LL r LL 04 r LL O 04 N N 7 h- v+,r f,,'sS M- U C V d'rn I ,. m C C C CCU`!! I C NC C A � m Q H O Cr m rCi m m m M o C C AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: STM 2017-3,Article 12: CPA Projects (Lowell St. Affordable Housing) (10 min.) PRESENTER: ITEM NUMBER: Bill Kennedy, Co Chairman, LexHab 1.6 SUMMARY: LexHab is requesting an additional$725,000, over the$1,284,653 previously appropriated in CPA funds, for the Lowell Street affordable housing project consisting of two triplexes. The additional funds are for the purchase of solar panels ($50,000)rather than a lease and higher costs as a result of public bidding law requirements. SUGGESTED MOTION: Board members to take a position on this request. FOLLOW-UP: C PC to meet next week to review. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 8:00 P.M. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Memorandum of Agreement with King St. Properties for 45-55-65 Hayden Ave. Development (10 min.) PRESENTER: ITEM Carol Kowalski,Assistant Town NUMBER: Manager for Development; (Representative from King Street 1.7 Properties) SUMMARY: A vote is requested for this agenda item. Attached is the Memorandum of Understanding(MOU)between the Town and King Street Properties related to the proposed development at 45-55-65 Hayden Ave. The Board previously reviewed this MOU at its meeting on September 25. Non substantive edits were made to: • Section III: Location of parking spaces for Conservation trail head; • Section IV: Streamlined use of community space; and • Section VI: Noise control language now mirrors similar text Town used in Brookhaven Agreement. SUGGESTED MOTION: Move to approve and sign the Memorandum of Agreement between CRP/King Hayden Owner, LLC and the Town of Lexington for 45, 55, 65 Hayden Avenue, Lexington Property. FOLLOW-UP: MOU will be provided to Planning Board, to be included by reference in proposed Zoning to be considered at the Special Town Meeting. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 8:10 P.M. ATTACHMENTS: Description Type d Moimm:m.mflwnuMlind m,tanr.ding IExgriilbit Memorandum of Understanding ("MOU") between CRP/King Hayden Owner, L.L.C. ("Hayden Owner") and the Town of Lexington, Massachusetts ("Town") for 45, 55 and 65 Hayden Avenue, Lexington (the "Property) October , 2017 I. Background Hayden Owner owns the Property. After acquiring the Property from Merck in 2016, Hayden Owner began to update and reposition the Property as a premier multi-tenant life science center in furtherance of the Town's economic development goal of improving the life science cluster in Lexington. As a first step in this process, Hayden Owner began to implement certain parking and other related improvements throughout the Property (the "Parking Modification"). At that time, the Property was governed by a 2009 Amended Preliminary Site Development and Use Plan approved by Town Meeting and a 2010 Definitive Site Development and Use Plan and Special Permit, as modified in 2012 and 2017, approved by the Zoning Board of Appeals ("ZBA"). Hayden Owner and the Town entered into a Memorandum of Understanding dated February 27, 2017 regarding the Parking Modification (the "Parking MOU"), which was incorporated within the ZBA's 2017 Special Permit modification. A copy of the Parking MOU is attached hereto as Exhibit A. In the Parking MOU, Hayden Owner agreed, among other things, that, in connection with any material new development on the Property and to the extent practicable, it would minimize potential development impacts and preserve open space and buffer zone by (i) reducing the total surface parking on the Property by 144 spaces through the development of an expanded or new garage to accommodate additional parking needs; and (ii) evaluating the potential to expand the area subject to the existing conservation restriction adjacent to Hayden Woods to unimproved portions of the Property. The foregoing commitments seek to mitigate those potential impacts by now putting (i) and (ii) into effect. In furtherance of the economic development goals of the Town, as well as its commitment to the Town made in the Parking MOU, Hayden Owner has evaluated its expansion potential and now wishes to further redevelop the Property with improvements including: (i) a new, approximately 220,000 square foot, state-of-the-art lab and office building to attract additional innovative life sciences companies to Lexington; (the "New Building") (ii) a structured parking garage with sufficient capacity both to serve the New Building and to consolidate the majority of the existing surface parking spaces on the Property (the "Garage"); (iii) conversion of the consolidated surface parking spaces into landscape and outdoor areas, including new pedestrian paths, picnic areas, gardens and a footbridge; (iv) restoration of stream channels and improvements to wetland buffer areas; and (v) associated grading, drainage and other site improvements (the "Site Improvements") For purposes of this MOU, the New Building, Garage and Site Improvements, collectively, shall be referred to as the "Improvements". The Town, acting through the Lexington Town Meeting, is expected to consider and may approve a Preliminary Site Development and Use Plan in October 2017 for the PD-2 District in connection with the Improvements (the "2017 PSDUP"). In the event that the Lexington Town Meeting approves the 2017 PSDUP, this corresponding MOU between Hayden Owner and the Town, acting by and through its Board of Selectmen, sets forth additional mitigation measures to 1 be completed by Hayden Owner as part of the Improvements. This MOU supplements the obligations and commitments of Hayden Owner in the 2017 PSDUP. As of the Effective Date defined below, this MOU shall be the only MOU in effect in connection with the Property and shall supersede any and all prior such MOUs governing the Property, including the Parking MOU. Except as specifically set forth herein, this MOU shall not negate the obligations and commitments of Hayden Owner in any other permit, certificate or approval issued by the Town. II. Traffic F inaticial Contribution toward the Traffic, Miti ,ation Stabilization 1 and and/01.1,'iUsl�a�� ation 111111�111111Demand inds In the Parking MOU, Hayden Owner committed to paying the Town $1,970.79 for each new surface parking space it developed on the Property as part of the Parking Modification. Similarly, under this MOU, Hayden Owner will make a contribution of$1,970.79 to the Town per each net new parking space on the Property resulting from the Site Improvements, which contribution shall be made to either the Traffic Mitigation Stabilization Fund or the Transportation Demand Management/Public Transportation Stabilization Fund at the Town's discretion (the "Traffic Mitigation Payment"). Based on the addition of 558 net new parking spaces in connection with the Improvements, Hayden Owner shall make a payment of $1,099,700.82 (to be adjusted upwards or downwards based upon the final approved and constructed number of new spaces on the Property pursuant to the 2017 PSDUP) to the Town in full satisfaction of the Traffic Mitigation Payment. Half of the payment shall be due prior to the issuance of the final Certificate of Occupancy for the Garage, and the other half shall be due at the issuance of the final Certificate of Occupancy for the New Building. Hayden Owner shall notify the Planning Board at the time such payments are made. ConsLiniea° rice Index Adi�istanent Hayden Owner anticipates commencing construction of the Improvements in the Spring of 2018. However, in the event commencement of construction of the Improvements is delayed, Hayden Owner agrees that, any payments required under this MOU made after January 1, 2019 shall be increased by the Consumer Price Index for all Urban Consumers, Boston-Brockton- Nashua, published by the Bureau of Labor Statistics, U.S. Department of Labor (CPI-U) for the previous calendar year(s); provided, however, that these figures shall never be reduced below the base established in this MOU. The first such adjustment, if applicable, shall be completed on the initial CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to publish the CPI-U in its present form and calculated on the present basis, a comparable index or an index reflecting changes in prices determined in a similar manner shall reasonably be designated by the Town in substitution therefor. The CPI-U for any year relevant to the application of this definition shall be that published by the Bureau of Labor Statistics for such previous calendar year. RLM O121 ot%2M Hayden Owner agrees to implement the Travel Demand Management Policies ("TDM Policies") identified in the Traffic Impact and Access Study ("TIAS")prepared by MDM Transportation Consultants, Inc. in connection with the Improvements. The policies cited in the 2 TIAS document are subject to final refinement during the Site Plan Review process before the Planning Board, but Hayden Owner shall, regardless of the results of that process, continue its ongoing membership in the 128 Business Council. III. Conservation F.xoanded Conservation Restriction Hayden Owner shall expand the area subject to the existing conservation restriction to include the unimproved portions on the west side of the Property as shown on the sketch plan attached as Exhibit 13. The conservation restriction may afford public access within portions of this area subject to approval of the Conservation Commission. The draft conservation restriction and plan of the conservation restriction shall be submitted by Hayden Owner with its Notice of Intent submittal to the Conservation Commission for the Site Improvements and shall be executed by Hayden Owner, the Town and the Commonwealth and recorded at the Middlesex Registry of Deeds within one year. If the Commonwealth fails to approve the conservation restriction within one year of submittal of the Notice of Intent, Hayden Owner shall instead execute and record a declaration of restrictive covenant in a form reasonably acceptable to the Town for the land shown on Exhibit B. Tna l Access and Nankin = liar- a den Woods Conservation Area Hayden Owner shall continue to provide trail access and parking, including a minimum of four (4) standard spaces located near the trail head to the public for the Hayden Woods Conservation Area. Those spaces shall be dedicated for exclusive use by the public visiting the trails from dawn to dusk, and will be maintained by Hayden Owner. Nonexclusive parking for the public accessing the trails will also be accommodated within other designated areas during non-business hours on the site. Hayden Owner shall delineate such public parking spaces and provide clear signage identifying the public parking and trail access area. Page C3 of the 2017 PSDUP plans shows the planned location for such trail access and public parking area. As also shown on page C3, Hayden Owner shall install and maintain a bulletin board, waste and recycling containers and a pet waste dispenser for trailhead use. Subject to obtaining all necessary approvals and proceeding with the construction of the Improvements, Hayden Owner agrees, prior to the issuance of a Certificate of Occupancy for the New Building or within six (6) months of commencement of construction activities on the Property (whichever is earlier), to tender to the Town for acceptance, limited easements to the public for (i) nonexclusive vehicular access over one or more of the driveways on the Property to the trailhead and (ii) exclusive use of the four (4) parking spaces proximate to the trailhead. These easements shall be limited to daytime use and subject to Hayden Owner's rules and regulations. The easements shall provide that Hayden Owner may, in its sole discretion, relocate the access easement and public parking spaces provided the parking spaces remain in a location proximate to the trailhead. `o all)IL6m1411°ina.t�1681 ObLjg�, ions Hayden Owner and any successor owner shall make an ongoing annual $10,000 contribution to the Lexington Nature Trust Fund for maintenance and management of conservation land and connecting trail networks. This contribution shall be payable by July 151n 3 of each year and shall replace and supersede all other financial obligations for conservation measures. IV. Community Space Hayden Owner agrees that the Town Recreation Department and other Town and public groups (which groups shall include, without limitation, the South Lexington Civic Association), may hold classes, meetings and programs on the Property for Hayden Owner's tenants and the public subject to such reasonable terms, conditions, schedules, rules and regulations as the Town or such public groups and Hayden Owner may agree ("Public Use of the Community Space"), Public Use of the Community Space shall (i) be scheduled outside of normal business hours; and (ii) not disturb business operations or any Tenants on the Property. V. Wellness Programming Hayden Owner will make a$60,000 contribution to the Cary Memorial Library Foundation. The primary purpose of these funds will be to support programs related to the "Science Cafe" and planned Health and Wellness programming. This payment shall be made prior to issuance of a Certificate of Occupancy for the Improvements. VI. Noise Testing and Abatement Hayden Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the Town's General Bylaws. In its Site Plan Review application for the Improvements, Hayden Owner 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 Control Bylaw. This protocol would also be used in the event of future noise complaints to establish compliance with the Noise Control Bylaw. The Town may hire, at Hayden Owner's expense, a noise consultant to review the testing protocol. Should a change in equipment and/or complaint be received, Hayden Owner shall demonstrate compliance to the Noise Bylaw. The Town may hire, at Hayden Owner's expense, a noise consultant to review said compliance. VII. Miscellaneous 13.fildilla Effect This MOU shall run with the Property as an encumbrance and shall bind and inure to the benefit of Hayden Owner and its successors and assigns as owners of the Property for as long as use of the Property is subject to the 2017 PSDUP. This MOU shall also bind and inure to the benefit of successors and assigns of the Town for as long as use of the Property is subject to the 2017 PSDUP. This MOU may be enforced by any remedy provided at law or in equity. This MOU and the Lexington Zoning Bylaw(the "Zoning Bylaw"), as modified by the 2017 PSDUP, shall be construed in such a way as to reasonably harmonize any conflicting provisions, but in the event of any irreconcilable conflict between this MOU and the Zoning Bylaw as so modified, the Zoning Bylaw as so modified shall control, subject to the provisions of any applicable State or Federal law. Hayden Owner shall, prior to the commencement of construction of the Site Improvements, promptly record a Notice of this MOU with the Middlesex South Registry of Deeds and furnish proof of the recorded notice to Building Commissioner's Office, Town of 4 Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and to Conservation Administrator, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420. 11 aitE i CRP/King Hayden Owner, L.L.C. represents that it is a Delaware limited liability company duly formed, validly existing, in good standing under the laws of State of Delaware and duly registered to do business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally binding obligation of Hayden Owner, enforceable against Hayden Owner in accordance with its terms, and neither the execution, delivery or performance of this MOU 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 organization documents of Hayden Owner, (ii) any law or any order, writ, injunction or decree of any court or governmental authority, or (iii) any agreement or instrument to which Hayden Owner is a party by which it is bound. Coy`. oration Hayden Owner hereby agrees to cooperate with the Town on an ongoing basis to implement both the specific provisions and the intent and purposes of this MOU. Time is of the Essence Time shall be the essence for this MOU. Per2ii!tin The execution and delivery of this MOU does not constitute an agreement by the Town that any necessary permit, certificate or approval for Hayden Owner's project or the Improvements will in fact be granted, including, without limitation, approval of the 2017 PSDUP by the Lexington Town Meeting. The execution of this MOU shall supplement the terms and conditions of the 2017 PSDUP, if approved, and this MOU may be made a condition of any site approval issued in connection with the Improvements subsequent to such approval. Effective Date This MOU shall become binding when all permits necessary for the Site Improvements, including the 2017 PSDUP and any Order of Conditions for the Improvements, are effective and Hayden Owner has notified the Town in writing of its intention to proceed with construction of the Site Improvements (the "Effective Date"). In the event that(i) the changes to the Zoning Bylaw effectuating the 2017 PSDUP are disapproved by the Massachusetts Attorney General or a court of competent jurisdiction, (ii) Hayden Owner fails to obtain or maintain any permit, certificate, or approval necessary for the Site Improvements or (iii) Hayden Owner chooses not to proceed with the construction of the Site Improvements and notifies the Town accordingly, this MOU shall be null and void, and the Parking MOU shall remain in effect and shall continue to govern the Property. Amendment of MOU This MOU may not be amended, modified or terminated except by a written instrument executed by Hayden Owner or a successor owner and by a majority of the Board of Selectmen. 5 r;A forcemerit® No Waiver The failure of the Town or Hayden Owner to enforce this MOU shall not be deemed a waiver of the Town or Hayden Owner's right to do so thereafter. Sever ability The invalidity of any provisions of this MOU as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof. If any provision of this MOU 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. Applic,able Law This MOU shall be governed by and according to the laws of the Commonwealth of Massachusetts, as amended from 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 Hayden Owner hereby agrees to the jurisdiction of such court. 6 Executed under seal as of the date first set forth above. TOWN OF LEXINGTON BOARD OF SELECTMEN Suzanne E. Barr Chairman n ..._ _............ Michelle L. Ciccolo, Vice-Chairman ......... .... Peter C. J Kelley Douglas Lucente Joseph N. Pato CRP/KING HAYDEN OWNER, L.L.C. a'1 elawa r., la t d liability company 11�tc�t�i" as R ,goo Authorized Real Property Signatory Signature Page to MOU between Hayden Owner and Town of Lexington EXHIBIT A Memorandum of Understanding ("MOU") between CRP/King Hayden Owner. L.L.C. ("Hayden Owner') and the Town of Lexington, Massachusetts ("Town") for 45, 55 and 65 Hayden Avenue, Lexington February 27. 2017 Hayden Owner has purchased the property located at 45, 55 and 65 Hayden Avenue in Lexington (the"Property") from Merck, which had previously used it as a single owner-occupied lab and office property. Hayden Owner desires to begin repositioning the Property as a premier multi- tenant life science center to entice innovative companies to Lexington, in furtherance of the Town's economic development goal of improving the life-science cluster in Lexington. As a first step in furtherance of this goal, Hayden Owner has proposed to add approximately 144 surface parking spaces interspersed among the existing surface parking on the Property: widen an existing loading dock driveway and improve pedestrian access; regrade and `daylight' the southwest corner of the 65 Hayden Avenue building to provide better natural light within the building; and improve the Property's drainage and stormwater management conditions(the"Site Improvements").The Property is governed by a 2009 Amended Preliminary Site Development and Use Plan ("APSDUP") approved by Town Meeting and a 2010 Definitive Site Development and Use Plan ("DSDUP")and Special Permit, as modified in 2012, approved by the Zoning Board of Appeals("ZBA''). On January 26, 2017, the ZBA voted to approve a modification to the Special Permit to allow for Hayden Owner's proposed Site Improvements, subject to Hayden Owner entering into an MOU with the Town to address certain mitigation for the Site Improvements(the "Special Permit Modification"). This MOU between Hayden Owner and the Town of Lexington, acting by and through the Board of Selectmen,sets forth additional mitigation measures to be completed by Hayden Owner as part of the Site Improvements.As of Effective Date defined below, this MOU shall be the only MOU governing the Property and shall supersede a prior Memorandum of Understanding between Cubist Pharmaceuticals, Inc. ("Cubist")and the Town dated October 30.2009 ("Cubist MOU"). Except as specifically set forth herein. this MOU shall not negate the obligations and commitments of Hayden Owner in the previously approved APSDUP, DSDUP and Special Perm it. I. Traffic Ei-nongial C tri u " toward tNe Tra rc M't gat" Stabilizat" Ft Itd r Try rtat'on n lid Ia a me ! ublic Transportation tabilization Funds In the Cubist MOU, Cubist committed to paying the Town $1,900 for each new garage parking space it developed on the Property in its APSDUPJDSDUP and Special Permit rezoning process. In a similar spirit, Hayden Owner will make a contribution of$1,970.79 to the Town per each net new surface parking space, made to either the Traffic Mitigation Stabilization Fund or the Transportation Demand Management/Public Transportation Stabilization Fund at the Town's discretion (the "Traffic Mitigation Payment"). Based on the addition of 144 new surface parking spaces, Hayden Owner shall make a payment of$283,793.76 to the Town in full satisfaction of the Traffic Mitigation Payment. The payment shall be payable prior to the required I preconstruction meeting with Conservation staff pursuant to the 2017 Conservation Commission Order of Conditions. Hayden Owner shall notify the 7BA at the time such payment is made. For clarity, Appendix D to a 1997 Preliminary Site Development and Use Plan, also attached as Appendix F-1 to the APSDUP,which previously required the Property owner to share responsibility for positive traffic control including by use of a traffic control officer,was superseded by the APSDUP and traffic mitigation payment made in accordance with the Cubist MOU which funds were used for traffic improvements within the Hayden Avenue corridor. Hayden Owner's financial contribution under this MOU may be used by the Town, in its discretion, for further traffic. transportation.and other mobility studies and/or improvements, va umer Price Index Adjustment Hayden Owner anticipates commencing construction of the Site Improvements in the spring of 2017. However, in the event commencement of construction of the Site Improvements is delayed. Hayden Owner agrees that, beginning one year from the effective date of the amended Special Permit, the$1,970.79 per parking space figure shall be adjusted annually, if applicable, until required to be paid, based upon changes in the Consumer Price Index for all Urban Consumers, Boston-Brockton-Nashua,published by the Bureau of Labor Statistics. U.S. Department of Labor(CPI-U)for the previous calendar year; provided, however,that these figures shall never be reduced below the base established herein. The first such adjustment, if applicable,shall be completed on the initial CPI-U Adjustment Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to publish the CPI- U in its present form and calculated on the present basis, a comparable index or an index reflecting changes in prices determined in a similar manner shall reasonably be designated by the Town in substitution therefor. The CAI-U for any year relevant to the application of this definition shall be that published by the Bureau of Labor Statistics for such previous calendar year. TDM Obligations In accordance with the terms of the 2009 Traffic Mitigation & Transportation Demand Management Plan attached as Appendix F to the APSDUP, and the original Transportation Demand Management Plan for 55 Hayden attached as Appendix F-2 to the APSDUP and Appendix E to the 1997 PSDUP, Hayden Owner shall appoint a site transportation coordinator who is responsible for implementing a variety of employee based transportation demand management opportunities. Hayden Owner agrees that the coordinator shall annually,on the first of July, submit to the Town Assistant Planning Director and Transportation Safety Group for their review and comment a report as to the strategies employed and their effectiveness to ensure transportation demand management plan compliance. This Parking and Transportation Demand Management report shall at a minimum, set forth various modes of transportation used by employees. The Town encourages Hayden Owner to pursue transportation demand management strategies, including car share service, bike share, and shuttles to reduce vehicle trips toward 85%Single Occupancy Vehicles. II. Additional Development on the Property Hayden Owner supports Lexington's economic and development goals to augment the life science cluster in the area, and in connection with any material new development on the Property, Hayden Owner agrees to undertake best efforts to minimize, to the extent practicable, potential development impacts and preserve open space and buffer zone by(i)reducing the total surface parking on the Property by 144 spaces through the development of an expanded or new garage to accommodate additional parking needs and (ii)evaluating the potential to expand the area subject to the existing conservation restriction adjacent to Hayden Woods to unimproved portions of the North side of the Property. Pedestrian ac ti As shown on plans approved by the ZBA in connection with the Special Permit Modification. Hayden Owner will extend the walkway along the site access drive to the existing sidewalk along Hayden Avenue. An as-built drawing for the Site Improvements including the completed walkway extension shall be submitted to the Town prior to issuance of a final certificate of occupancy. III. Conservation Trail Access and Parking for Yden Woods Conservation Area Trail access and parking to the public for the Hayden Woods Conservation Area,as required by Condition# 7 of the Special Permit. shall continue to be provided to the public.Trail access by the public will be allowed weekdays, evenings. and weekends. Parking for the public accessing the trails will be accommodated in the evening and on weekends on the site. Hayden Owner shall delineate such public parking spaces and provide clear signage identifying the public parking and trail access area. gontinuina Financial Obli ,ations Hayden Owner and any successor owner shall make an ongoing annual $10,000 contribution to the Lexington Nature Trust Fund for maintenance and management of conservation land and connecting trail networks. This contribution shall be payable by July 151h of each year and shall replace and supersede all other financial obligations for conservation measures, including but not limited to the previous$5,000 contribution in materials, services or cash for the maintenance of the Hayden Woods Conservation Area. IV. Miscellaneous Bind ing—Efi ct This MOU shall run with the Property as an encumbrance and shall bind and inure to the benefit of Hayden Owner and its successors and assigns as owners of the Property for as long as use of the Property is dependent upon the Special Permit,This MOU shall also bind and inure to the benefit of successors and assigns of the Town for as long as use of the Property is dependent 3 upon the Special Permit. This MOU may be enforced by any remedy provided at law or in equity. This MOU and the Lexington Zoning,Bylaw("Bylaw"),as modified by tile APSDUP, DSDUP and Special Permit, shall be construed in such a way as to reasonably harmonize any conflicting provisions, but in the event of any irreconcilable conflict between this MOU and the Bylaw as so modified, the Bylaw as so modified shall control, subject to the provisions of General Laws, Chapter 40A. as amended. Hayden Owner shall promptly record a Notice of this MOU with the Middlesex South Registry of Deeds and furnish proof of the recorded notice to Building Commissioner's Office.Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and to Conservation Administrator.Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420. �Jgydcn! Own.er*s Existence and Authority CRP/King Hayden Owner, L.L.C. is a Delaware limited liability company duly formed, validly existing, in good standing tinder the laws of State of Delaware and duly registered to do business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally binding obligation of Hayden Owncr, enforceable against Hayden Owner in accordance with its terms, and neither the execution, delivery or performance of this MOU nor compliance herewith conflicts with or will conflict with or results or%vill result in a breach of or constitutes or will constitute a default Under(1)the organization documents of Hayden Owner,(ii)any law or any order, writ, injunction or decree of any court or governmental authority,or(iii)any agreement or instrument to which Hayden Owner is a party by which it is bound. —C-0—opm—tion Flayden Owner hereby agrees to cooperate with the Town on an ongoing basis to implement both the specific provisions and the intent and put-poses of this MOU. Ti Mg is of the Essgace Time shall be the essence for this MOU. PeMitfiLig The execution and delivery of this MOU does not constitute an agreement by the Town that any necessary permit or approval for Hayden Owner's project will in fact be granted.Tile execution of this MOU shall be incorporated into and made a condition of the Special Permit Modification granted by the ZBA. Effective Date This MOU becomes binding when all permits necessary for the Site Improvements, including the modification of the Special Permit and the Order of Conditions, are effective and Hayden Owner has notified the Town in writing of its intention to proceed with construction of the Site Improvements(the"Effective Date"). In the event that the Hayden Owner fails to obtain all permits necessary for the Site Improvements, or chooses not to proceed with the construction of 4 the Site Improvements, this MOU shall be null and void. and the Cubist MOU shall remain in effect and shall continue to govern the Property. A_rncndmgnt of MQU This MOU may not be amended, modified or terminated except by a written instrument executed by Hayden Owner or a successor owner and by a majority of the Board of Selectmen. E&brccm, cnt:,hjo Waive e The failure of the Town or Hayden Owner to enforce this MOU shall not be deemed a waiver of the Town or Hayden Owner's right to do so thereafter. Ity The invalidity of any provisions of this MOU as determined by a court of competent jurisdiction shall in no way affect the validity of any other provision hereof If any provision of this MOU 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.. USA lev This MOU shall be governed by and according to the laws of the Commonwealth of Massachusetts,as amended from time to time. Any action brought by the Town hereunder[pay be brought in the Superior Court in and for the County of Middlesex, and Hayden Owner hereby agrees to the jurisdiction of such court. [Signatures on Next Page] 5 Executed under seal as of the date first set forth above. TOWN OF LEXINGTON BOARD OF SELECTMEN Uz.an arry. airrrt Mi Ie L. Ciecolo. Vice-Chairman Peter C.J. Kelley Norman P. Cohen Josep Pato CRP/KING HAYDEN OWNER, L.L.C. a Delaware limited liability company BY: Tl �; Authorized Real Property Signatory Signature Page to MOU between Haden Owner and Town of Lexington EXHBIT B "'�� l 1 BORDERING VEGETATED __ ".................� .. ..gym. . ._ _. �.,..:•� ,..,.,.,,,�.v.� EXISTING 95 HAYDEN AVENUE 1 CONSERVATION N/F I '`, RESTRICTION AREA 95 HAYDEN LLC ASSESSORS MAP 17 /� �� J LOT 20B 65 HAYDEN PARKING GARAGE I. I EXPANDED L(fJ S5t5VA E,A i —VEGETATED R1.�h .11RIDERIN, VIE 11LA1111. I .YT Idf d9dd I --*-^�—•,�-, .m...,.�.. �. VAfd IP441L4i.•� j � WID146 EASEHnE T I1I dlrl{II, -41 i 65 HAYDEN AVENUE o ASSESSORS MAP 17 LOT 20B pp J 1 AO u ONQUIN GAS EASE.11AENY 120 0 60 120 HAYDEN AVENUE 1 inch = 120 ft. ,.• � ^. CONSERVATION AREA EXHIBIT I '. �INT PROJECT NAME FIGURE N0. PROPOSED LIFE SCIENCES CAMPUS EXPANSION AMENDED PRELIMINARY SITE DEVELOPMENT AND USE PLAN(APSDUP) I CD-9 DISTRICT C RO01 HIGHPOINT ENGINEERING, INC. 45, 55 Et 65 HAYDEN AVENUE•LEXINGTON,MASSACHUSETTS CANTON CORPORATE PLACE PREPARED FOR SCALE DATE 45 DAN ROAD,SUITE 140 AUGUST2,2017 CANTON, MA02021 CRP/KING HAYDEN OWNER LLC 1" = 120 REV.SEPTEMBER 21,2017 t 781.770.0970 200 CAMBRIDGEPARK DRIVE PROJECT NUMBER FILE NAME www.highpointeng.com CAMBRIDGE, MA 02140 17007 17007_CR_Exhibit.dwg AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve FYI Water/Sewer Rates (5 min.) PRESENTER: ITEM NUMBER: Carolyn Kosnoff,Assistant Town Manager for Finance 1.8 SUMMARY: A vote is requested for this agenda item. This is the third of three meetings on proposed water/wastewater rates for FY2018. At the first meeting held on September 11, 2017, the Board reviewed the results of FY2017 water and wastewater operations;billed usage and retained earnings histories; the FY2018 water and wastewater budgets as adopted at the 2017 annual town meeting (direct and indirect costs that serve as the basis for calculating FY2018 water and wastewater rates), and proposed changes to the budgets adopted last spring; and, preliminary FY2018 water and wastewater rates. At the second meeting, held on September 25, 2017, the Board held a public hearing on the proposed Water/Wastewater rates for FY2018. No comments were received. Tonight's meeting is for the purpose of setting FY2018 water/wastewater rates. SUGGESTED MOTION: Move that the Board approve proposed FY18 water and wastewater rates shown on page 4 of the attached rate presentation. FOLLOW-UP: New rates will be implemented with Fall 2017 billing period. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 8:20 p.m. ATTACHMENTS: Description Type D Proposed Fato Nan PIWSORU�t iffll ,# LEXINGTON � � � * �\ .¥\ & z ! .7 �ƒ- 2 rp to r � N c� w G� O � M N ti .� o o ,; W P M N M O V r- N CD M f� � r- N 00 p N 00 a i to K} Ef} LV G� M Cfl ate-+ O ti M 00 CIO Ln 00 'IT 00 NW N OO O U M 00 N 'C N to } 6} 6} W U O N Lo �,,, Cfl LO V1 LO It w N N CCD (D O a N O N Cfl N N 1 ti CD ` C 00 co O O� _ M O LL m u � IIIIII 69} 69� � U O Ef} } N CO 't u�ry� M CDOV" M O m� N f— co toccV cV O O� . W LPL m U O CDO 00 N 4 O M M 04 O 'a C".4 Q fir, •L L Q L U) ' `. W Lu W W w w ra L m U) 4 k �Ob�irmazromumm�'� rp v rp cz V h�l p �iii�I V u� � o0 0 0 0 � L000cfl 09- 09- �I Lm ` �° co I— r4, 0 � U- U- LL = o 0 LO IT PMEPICq 40P 'nG LEXIN TON 4 k �Ob�irmazromumm�'� v uwa c� p = 0 0 0 0 0 Q Q Q O \ m m cV O m Z Z Z U o 0 0 0 of ao � 0 0 C � 00 ,--i Z ryi� Z Z Z a 3 L 00 I�VV L ul cn a) M m M m m m m 0 3 CO CO l0 l0 l0 n m n CL Go a � L � ` m ui I< I< N ui �,O N N m i O Q a_+ aO-+ �1 ..�Q' N N N + v Q (a C 0 3 i O 2 -0 ® Q O V •� O V E U) P PMEPICq C C 4 k �Ob�irmazromumm�'� CA v CA cz V h�l Y�1 V � L .i L o o \ o 0 0 0 0 \ o 0 0 Ih � a � � \ o \ \ \ CC) \ o \ \ \ o LO oo O oo (C) Ln o0 00 O O (.0 V O N co c4 O M N O (C) N 0 'm I N 0 O I— I- O M M 00 - 0 0 O .� L o0 I-- MN l l N (C) 00 l (C) _ �a O O M - M O I— O M CC) IL I� N � N 0 I'- � 0 � Co I— ti uuUwmm V O 6e 6} 6} 6} 6} 6} �} �} �} �} �} N �wwuu O O Cr) O O O N 0 0 0 0 0 LL N CC) O M M M 01- N M M N M 0 0 00 O CC) I-- O O O N N 0 — �' 4-1O It N I` O M 0 O 0 � M 0 0 I— to wuu Ln Ln N N N N N p ~ V- N wuu 613- Vill O O I— O O O N 0 0 0 0 0 LL L 00 O CC) M N M Ln - M CC) CC) CC) O N O I— M M I-- I-- I-- N I= OMMMOOOMMMMMMM M CO 1 1 1 69- 613- d1} d1} 613- d1} 613- d4} 69 64 69 69 69 V O O (C) O O O O O O O O O O - O N CC) O I` CC) CC) CC) N N N I= CC) 1, M M 00 CC) 1, I— 0 O O Ln Q m N O M CC) - M — O — I— I— 0 .v Ef- 64} 64} 64} 64} 64} 64} 64} 64} 64} 64} 64} 64} hill 00 I� CC) Ln - M N O O M I— CC) r"A O O O O O O O O O O O O O N N N N N N N N N N N N N y.4' uwmw LPL LPL LPL LLLL LLLL LLLL LLLL LLLL LLLL LLLL LPL LPL LPL ram) PMEPIC"q 40P 'nG LEXIN TOH 4 k �Ob�irmazromumm�'� AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Article Presentations/Discussion/Positions (15 min.) PRESENTER: ITEM Carl F. Valente, Town Manager; NUMBER: Carolyn Kosnoff,Assistant Town Manager for Finance 1'9 SUMMARY: A vote (Board position) is requested for this agenda item. • Article 5: See attached staff recommendations and explanation for Budget adjustments. • Article 6: Staff recommends: $200,000 transferred to Traffic Mitigation Stabilization Fund(A portion of the$283,793 King Street-Hayden Ave. alterations mitigation payment); and $126,766.62 to the Transportation Demand Management/Public Transportation Stabilization Fund (The remaining portion of the$283,793 King Street Hayden Ave. alterations mitigation payment and the $42,973 annual Avalon Bay mitigation payment). • Article 7: Staff recommends a$50,000 increase in the Building Rental Revolving Fund authorization due to increased payments from Spectacle Management(Cary Hall) series. • Article 10: See attached draft bylaw amendment prepared by Norman Cohen. • Article 8: Staff recommendation is to appropriate$150,000 for design development phase of Visitors Center project. SUGGESTED MOTION: FOLLOW-UP: Staff will prepare motions, per BO S votes. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 8:25 p.m. ATTACHMENTS: Description Type D S M 3-3 Pos,it ion,C"guut Rackup Ma orinl D Proposed FY118 Budget Adpstnxmits Budget Anunnrw8immi:t D Draft By.lawn bwhn Wswnnut Distribution n�ylr h/�a.rg..TMwwl;rxia nr. D V itors(AmiterCbst Hsitimtes, IAillbit \ a. � ƒ cn cn / \ \ \ k k 2 » � » » 4 » » 44 » 44 4 » 4 % a. » 4 » » 4 » » 44 » » 4 4 » 4 2 » 4 » » 2 4 » » 44 » 44 4 » 4 z z = uaa ueee = = a = = u = w c = = w c > > > w _ w c@ m w m § I? § 2 $ 2 $ « cn « w 0 w w e e m m e m m Fn z z Fn z z E § Q E § Q v g v c of 0 k ®I E k I 7 7 D \ } \ ƒ = c > k o k } * .0 c f � % E7 � K A \ c QED K a- c o � E2 2 / » ® o ( / ® t t $ f _0 ° § CO Q ] o c 2 m o 9 m@ % 5 = c o a .g a § D < :& m = o k '5 « § / E E _0 � � \ � } � 0 \ \ \ m e o — > o 0 ° @ a ƒ 2 \ m _ m § c 0 / / 0 \ E G o c m e = c m � = 2 2 f z = g — / e = eE / to / cE _ # » 2 o 0 o s D z e o = m / & C a s s / @ \ / C .o o O F m mc ± � / &° ofc me = o / E z o O § g \ 2 - / 4/> 2a. = &o _0 z _0 z . c _ w 2 w m w =E2 2 2 _ .e J50 o E w ; c C ; _o _ co _ _ * 2 § = _ -0 0) E z zc = = c \ u E < _ \ /A§ K A § \ A / f } e § E § % % G a a § o 0 0 0 9 9 2 2 o & (D & _ _ 3 3 0 2 2 2 = = = = 3 = & & -0 & & u b e e e e u b c c c c = c o o c m o 0 0 w = _ _ _ = w = o 0 0 a) m o & & o L & 0. 0. cn << << % ƒ / R<Lu < < < < < < < i m NTr � mNTr (Dr-- Q 2 / u222 22 U2222222222 2 22 e » > .2 2 e » » .2 2 2 2 2 2 2 2 2 a / / / k # a / / / # # < < < < < / k # r 0 N N 0 0 0 Q) O ra m ro 0) V "O Q +�.+ V ~ C � Q ro Q) co LL � (ra V6 Q "O LL C E " +-+ O (o 0) O r6 - ` C LL m ra ce C O Lin Ccl i r6 > C �- O w 0 +�+ E > 0 d cy p Cp C O rn O ra " ro Q +-, O �� C C C a L � +� 46 a) Q) a) 0 Q) a) "O rp 0 a) O C "C 'C 0) =p O 0 O_ i -0 i i .fl- 0 a U Q O:E FuV 0 Q) U :0 > w0 f6 C O rho U 0 LL O w C Oi 092 o a) +� 0 o O -0 0 _ �, o - a " E ro m o w a) a a) " - °� o°� V H -a U °� +� 0 � c c � +� f 6 a°)) o � � o � � � � E Po 4 o Q Q O caTi �� Noo Qc -0 0 "0 i i / C a ra Q) w O O i V '' LL r6 0 0 "0 u �' "0 rra -0 O w ra C: CO E O w +.+ "0 � 0 O CO " +ra 0 +�+ a +; o o a) ra a) Q)) o 0 a Ln z a) w p c = V ro O O i C 0 O_ L)I w C V Q) - i)i ro U) +.� Q) G� p > a MO lo- ro = Q) ro a; > U � Q) �o N o - a h VE a) a) ra c ° o nUU oo ro ) Q rou Q VI- V a OU = Qcnacn O O O O O M I� = O O N O O O O 0 0 N O +i O O O N OD ++ O O 00 O O O O O O co O O O 00 N O Ln O 1A O O Im N O O d O O Ln O cc Im N O O O 01 Q = O G1 O W Ln M I� C Lr O rl O 00 OD d 00 N % a. C ri O rl I� O Ln O M N Ln W N ri Ln G1 N ri ri OD M Ln co W m Ln ri �O N Q. m d M ri O m ri ri N () N M O U N M - U M C CD r*lj CD CD CD m CD O O O O O OO 04 04 W O N co L^Nrl O O 00 O •R= 0 0 ,N-i n ,--� a' LL 0 W O N N O -1 Ln I- N CD NM �y N = ^ O �- ifl- ifl- ifl- ifl- ifl- ifl- ifl- ifl- ifl- C LL O V) O CD Q 0 O W N co co 00 O � O LO O O p? ^ O1 Lfl N r- V N a.+ N rh .-1 LLLO O +N+ C Cl x O 0 ifl- ifl- ifl- LL ifl- ifl- ifl- ifl- ifl- ifl- ifl- _ .� 9 Q F N Q E n +' 0 V O io C i C _ w U) LL c N E -o n n a)cl Q) 0 a'i 5 N N O 0 ra ' x c Q ` 0 u C +� O � a- c c C C LU a) ++ ra O .O +.+ "0 N � Q) LL E Q Q41 CO �j G1 = Q) LL N 0- C "0 N r� J 0 C V W W 1 C c Q) 0 r6 Q 3 02$ '0 O i C i 3 .0 i y E (D Q ce C 0 C > r6 n' }, W C D D ate,, r6 1 Q E = a) -0 -0 C C �O E _ N o rra � a>) ° o rTo rVo rho x rho rho 0 o i = Mn ra C z (n _l a I- � ¢ a (n a LL _l W _l _l I- I- 0 J > Q 0 c a E o o o O O O O O O O O Q U N M �. a. O W N O O O O N LO LO i+ ,�-i W .N-i LO LO N N N N N �' I" n W W O Q O O W CL Article 10 AMEND GENERAL BYLAWS-DISTRIBUTION OF TOWN ELECTION/TOWN WARRANT MOTION: That Chapter 118 of the Code of the Town of Lexington (Town Meetings)be amended by deleting §118.1 and §118.2 in their entirety and substituting therefor the following: §118-1 Town Meeting and Town Elections Called by Warrant Every Town Meeting and every Town Election shall be called by a warrant directed to a constable or other duly appointed person. Warrants for Town Meetings shall contain articles briefly setting forth the various subject matters that may be considered and acted upon at each such Meeting. Warrants for Town Elections shall contain the matters to be voted upon at each Town Election. §118-2 Posting of Warrants The warrant for a Town Meeting shall be served by posting a printed copy thereof in the Town Office Building not less than seven days, and in the case of a Special Town Meeting no less than 14 days, before the time stated in the warrant for holding such Meeting, and also by sending by postal mail, postage prepaid, a printed copy of each such warrant addressed to each Town Meeting Member. Copies of all warrants shall be made available for public access electronically on the Town website and in print format at municipal buildings designated by the Town Clerk, provided, however that such notification shall not be considered part of the return of service as require by §118-3. The warrant for a Town Election shall be served by posting a printed copy thereof in the Town Office Building and also by sending by postal mail, postage prepaid, a printed copy of such warrant addressed to each dwelling house and to each dwelling unit in multiple dwelling houses, apartment buildings or other buildings in the Town not less than seven days before the time stated in the warrant for holding such election. The warrant for a State Election need only be served by posting a printed copy thereof in the Town Office Building. (date) L TT I i'� C C-) cr- CL u Ln� w.--. I X ~~ f=- 0 C) , co LLJ 0 2 E CO ED I � �w 1 0 � 0 � ' 0 u W ( - u (A0 � + C � qjl U.) � tjui L' " 0 ct Co 4-J LW ' LJ GJ E E "" u c E 0 c E LL. ° E ��Cl �� ul °4-4 LL- ° -" " Cu ( U ; .� � E 0 (V 0 0 u 01 F�- l u u 9 0 o ol 0 rl iul m--Iin, F% 0 CD T-4 I I AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Reappointments (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair I.10 SUMMARY: The Board is being asked to reappoint the following committee members with terms that expired September 30, 2017. CarollAnn Bottino -20/20 Vision Committee Michael Boudett- Center Committee Al Zabin- Condo Conversion Committee SUGGESTED MOTION: Move to reappoint CarrolAnn Bottino to the 20/20 Vision Committee for a three year term to expire on September 30, 2020. Move to reappoint Michael Boudett to the Center Committee for a three year term to expire on September 30, 2020. Move to reappoint Al Zabin to the Condo Conversion Committee for a three year term to expire on September 30, 2020. FOLLOW-UP: Selectmen's office DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 8:40 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve FY 16-18 Collective Bargaining Agreement with Lexington Police Association(5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager I.11 SUMMARY: Approve FY16-18 Collective Bargaining Agreement with the Lexington Police Association, as previously reviewed by the Board in Executive Session. SUGGESTED MOTION: Move to approve and authorize the Town Manager to sign the FY16-18 Collective Bargaining Agreement with the Lexington Police Association. FOLLOW-UP: HR will integrate full agreement. DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 8:45 p.m. ATTACHMENTS: Description Type D Mloiwrm:m.rflwnuMlind r,tanding Cavan Mom) MEMORANDUM OF AGREEMENT between TOWN OF LEXINGTON and LEXINGTON POLICE ASSOCIATION This Memorandum of Agreement, is entered into by and between the Lexington Police Association (hereinafter "Union") and the Town of Lexington, Massachusetts (hereinafter "Town") hereby agree to the following amendments to the collective bargaining agreement that expired June 30, 2015. 1. Section 10 Salaries and Other Conditions of Employment Subsection A. Salaries Amend Section A to reflect the following base wage increases: FY16 2.5% base wage increase effective 07/01/2015 FY17 2.0% base wage increase effective 07/01/2016 FY18 1.0% base wage increase effective 07/01/2017 1.0%top step increase effective 07/01/2017 1.0% base wage increase effective 01/01/2018 2. Section 8 Union Activity Subsection C. Add "Sergeant at Arms" after Treasurer. 3. Section 10 Salaries and Other Conditions of Employment Subsection B. Night Shift Differential Add the following after the first sentence: Effective July 1, 2017,the night shift differential shall be increased to 6.65%. 4. Section 10 Salaries and Other Conditions of Employment Subsection lOF Overtime Replace the first sentence with the following two sentences. a. "Officers may in lieu of overtime pay elect to receive compensatory time off in lieu of overtime cash payment. However,the Chief or his designee shall have the right to require cash payment for overtime instead of compensatory time if the overtime work is funded by a grant or for special projects funded from a source outside the Police Department, or if he deems it prudent, near the end of the fiscal year, to utilize available funds in the budget. Such time off shall be calculated at one and one-half hours for each hour worked." b. Delete the last sentence. 5. Section 10 Salaries and Other Conditions of Employment Subsection 10 H Extra Paid Details Subparagraph(1)(c)(1) Road Job Details Amend the second sentence in (c) (1)to read, "Road jobs are regularly scheduled periods of work, primarily, but not necessarily limited to, Monday through Friday ........ 6. Section 10 Salaries and Other Conditions of Employment Subsection H Extra Paid Details Add new section to 2. Assignment of Details (e) An officer who calls in sick for her his/her own illness (as opposed to family illness) shall be ineligible to work a detail for twenty four(24) hours after the conclusion of the shift for which sick leave was granted. 7. Section 10 Salaries and Other Conditions of Employment Subsection M Vacations Amend the first sentence in the second paragraph to add "20 years" after "10 years" in sentence one. 8. Section 11 Grievance Procedure Add a"Cooling-Off'Period prior to Step 1 of the Grievance Procedure "Whereas grievances are sometimes the result of miscommunication and/or misinformation, a period of ten (10) working days from the date of the grievance or the employee's knowledge of its occurrence may be used for conflict resolution. The Union must notify the Police Chief, within two (2)working days from the date of the grievance or the employee's knowledge of its occurrence that it wishes to take advantage of the ten (10) day "cooling-off'period, which shall then begin. If the Union chooses to file a grievance at the end of the "cooling-off'period, the Step 1 grievance must be filed within four (4) working days following the conclusion of the "cooling-off' period. The potential grievant, and the Chief of Police or a designee, will meet as soon as possible to discuss the grievance. A cooperative effort will be made to identify the problem and find a suitable solution. At the conclusion of the conflict resolution period, the potential grievant may file a grievance without prejudice. The Union may forward the grievance to Step 1 prior to the expiration of the ten (10)working days conflict resolution period or, by mutual agreement, the parties may extend the conflict resolution period beyond ten (10) working days." 9. Section 12 Educational Career Incentive Section 2 Future Enrollees. Delete current language in subsections (a)(1)through(a)(4) and replace with the following: a. Inasmuch as the Commonwealth's FY 2010 budget has eliminated any education incentive benefits for newly hired officers and for officers not in the § 108L program as of October 1, 2009, the parties agree to adopt the following education incentive program for such officers. 1. For an Associate's degree in Criminal Justice, an annual stipend of$5,000. 2. For a Bachelor's degree in Criminal Justice, an annual stipend of$10,000. 3. For a Master's Degree in Criminal Justice, or a Law Degree, an annual stipend of $12,000. 4. (a) Effective July 1, 2017 the Town agrees to compensate officers who have a Bachelor's degree or Master's degree in Psychology or Sociology, at the same level of Criminal Justice/law degrees set forth above, if such degree is granted from an accredited college or university, defined as the process of validation in which colleges, universities and other institutions of higher learning are evaluated, and the standards for accreditation are set be a peer review board whose members include faculty from various accredited colleges and institutions." (b) In addition, if an officer obtains a degree in criminal justice, law enforcement, or law from an accredited institution as defined in sub-section (a) above, it shall be compensable as provided in sections 1-3 above as applicable, even if the accredited institution no longer meets the Mass. Board of Higher Education standards for Quinn Bill recipients or chooses not to seek certification for its criminal justice or law enforcement degree programs from such board. (c) For the purpose of Section 4 (a) and (b), an officer who has earned a degree in Psychology, Sociology, criminal justice, law enforcement or law and has submitted the appropriate documentation to the Chief of Police by September 1 of any given year, will receive the educational incentive stipend retroactive to July 1 of that year. An officer who has earned one of the stated degrees and submits the appropriate documentation to the Chief of Police after September 1 of any given year, will receive the educational incentive stipend beginning July 1 of the following year. (d) For the purpose of the FYI 6-18 collective bargaining agreement, any officer who has earned the stated degrees and submits the appropriate documentation at any time before June 30, 2018, will receive the educational incentive stipend retroactive to July 1, 2017. 10. Withdrawal from Civil Service Notwithstanding this agreed settlement, the parties shall continue discussions regarding withdrawing from Civil Service. These discussions shall be informal and not binding on either party. 11. Section 24 Duration of Agreement Replace October 1, 2014 with October 1, 2017. All other provision of the agreement between the LPA and the Town remain in full force and effect. LEXINGTON POLICE ASSOCIATION TOWN OF LEXINGTON, By its Town Manager David Bresnihan, President Date Carl F. Valente Date AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Appoint Acting Executive Clerk PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.1 SUMMARY: The position of the Executive Clerk is currently vacant. SUGGESTED MOTION: Move to appoint Kim Katzenback as Acting Executive Clerk. FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One-Day Liquor Licenses PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.2 SUMMARY: The Board is asked to approve five(5) One-Day Beer and Wine Liquor Licenses for Spectacle Management, Cary Memorial Building, 1605 Massachusetts Avenue for the following dates: October 13 Comedy Blowout 7:00 pm— 11:00 pm October 15 The Temptations 6:00 pm— 10:00 pm October 19 Pink Martini 6:30 pm— 10:30 pm October 20 Heather McDonald 7:00 pm— 11:00 pm October 22 Fab Four 6:00 pm— 10:00 pm SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 ATTACHMENTS: Description Type D 11 Army JL.rq uor�j a nso S,N:rctackl mggu r Cavan Mom) RECEIVED-1 acapa TOWN OF LEXINGTON 7,SEP 252017 OFFICE APPLICATION ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for $25.00 made payable to the Town of Lexington. Spectacle Management U SS/F ISING O GANIZATION: Jack Lally, CONTACT NAME AND NUMBER: 4 Muzzey St. Lexington MA 02420 ADDRESS FOR MAILING: EMAIL ADDRESS: 5 Events in October, 2017 at Cary Hall TITLE/PURPOSE OF EVENT: Cary Memorial Hall, 1605 Massachusetts Avenue LOCATION AND ADDRESS: See attached listing of shows ATE OF FUNCTION: TIMES OF FCTION: See attached listing of shows Beer and Wine TYPE OF l,1QUO . TO BE SERVED; DATE AND TIME WHEN LIQUOR DELIVERED: 4:00 PM for all shows DATE AND TIME WHEN LIQUOR REMOVED: by 11 :00 PM for all shows ADDITIONAL INFORMATION: ,jAhorized Signature Federal Identification No. or Social Security Nurnber �'Q17 e✓�nts a nary e o ial Hall ➢fat® Event Per car an C7cacars t)ia n - #case ca�y Ceanr� dy �Icad� n"t '�? P 7° C} - 1 1' P lea dy_ PSI, 1 TIC -1" n1 tin 7°()0 P Ei° - 1 t�'f)Cl P IAsi��,l 191 Pink Martini 7°30 P .30 - 10:30 P uaj-c athrlcanald °QC! PM 7��C1 1 1°OQ P Cady° QLI, 22., Fab Four Z;QQ F°t7C! 1 p°pQ P psi al 1 SEP 2 5 2017 SELECTMEN AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Adjustment PRESENTER: ITEM NUMBER: David J. Pinsonneault, Public Works Director C.3 SUMMARY: Water& Sewer Adjustment as recommended by WSAB meeting 8/31/17 and listed on the attachment SUGGESTED MOTION: Motion to approve the Water& Sewer adjustment as noted in the attachment. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 10/2/2017 ATTACHMENTS: Description Type d WS 118J311J117BOS11011.J117 CavorMomm) n+ FY2018 ADJUSTMENTS TO WATER/SEWER fs F AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 1 OF 2 WSAB 8/31/17 BOS 10/2/17 ACCOUNT • NOTES The homeowners filed an application on Bill#s 882350- 838638.They replaced a sink and repaired two toilets and 0300850200 6 Barrymeade Drive -$3,940.74 -$12,141.68 -$16,082.42 882350* 2017 provided a plumber's invoice.Their oil company also found a thermostat inoperable that caused the heat to remain on and water to be used. 0300670302 11 Bates Road -$1,639.08 -$1,639.08 865552 2017 0300725102 292 Bedford Street -$1,723.86 -$1,723.86 866242 2017 The homeowner applied for an abatement on Bill#875967 due to a burst pipe that caused extensive damage inside the 0200414800 12 Bertwell Road -$2,473.60 -$9,409.00 -$11,882.60 875967 2017 house and did not enter the sewer.A repair invoice was provided.The average usage is 15;the excess usage has been recalculated at wholesale water rates only. 0200526702 27 Brent Road -$221.37 -$221.37 862925 2017 0300629102 28 Columbus Streey -$1,568.43 -$1,568.43 865007 2017 0300795200 20 Drummer Boy Way -$71.59 -$204.41 -$276.00 881638 2017 0300981800 45 Earl Street -$17.46 -$47.40 -$64.861 869370 2017 0300921900 27 Grassland Street -$66.08 -$180.94 -$247.02 883292 2017 0200522700 10 Hathaway Road -$257.55 -$763.92 -$1,021.47 862863 2017 0200523800 21 Hathaway Road -$50.37 -$148.35 -$198.72 877421 2017 The homeowner applied for abatements on Bills 881843& 867298. They had a plumber replace a toilet and submitted 0200524800 11 Heritage Drive .$770.20 -$2,374.86 -$3,145.06 881843* 2017 a receipt.The average spring usage is 66 and the average fall usage is 78.All excess usage was recalculated at wholesale water/sewer rates. 0300966800 11 Jean Road -$155.55 -$562.16 -$717.71 883838 2017 0100205000 313 Marrett Road .$494.55 -$1,521.45 -$2,016.00 872668 2017 0300878900 594 Marrett Road -$141.80 -$276.00 -$417.80 882723* 2017 A representative of the management company applied for an abatement on Bill#874566.Toilet leaks were found and 020031 1900 1770 Massachusetts Avenue -$1,441.26 -$4,984.50 -$6,425.76 874566 2017 repaired on 6/30/17 and an invoice was provided.The average usage is 1 1 1;excess usage was recalculated at Wholesale water/sewer rates. 0300908700 28 Middleby Road -$112.51 -$317.82 -$430.33 883122 2017 The homeowner applied for on abatement on Bill#883174 0300912300 67 Outlook Drive due to toilet leaks.A repair invoice was provided.The $692.05 $2,087.35 $2,779.40 883174 2017 average usage is 39;the excess usage has been recalculated at wholesale water/sewer rates. 0300680200 50 Paul Revere Road -$61.11 -$165.90 -$227.01 880213 2017 0300848900 5 Pheasant Lane -$137.13 -$383.32 -$520.45 882328* 2017 0300861900 5 Phinney Road -$151.14 -$459.71 -$610.85 882517 2017 0300755502 94 Reed Street -$494.55 -$494.55 881173* 2017 The homeowners applied for an abatement on bill#859548 citing irrigation on a domestic meter with a concurrent leak. 0100997500 49 Solomon Pierce Road -$576.99 -$2,179.01 -$2,756.00 859671 2017 One half of the fall average fall usage is recalculated at wholesale water rates only.One half of 70%of the excess usage is recalculates at irrigation rates. 0100224600 384 Waltham Street -$463.38 -$1,346.62 -$1,810.00 872919 2017 0300667300 25 Woodpark Circle -$34.43 -$155.25 -$189.68 880050 2017 0200328600 36 Highland Avenue $26.46 -$164.20 -$137.74 860274 2017 0200599900 92 Adams Street -$124.08 -$227.98 -$352.06 878585* 2017 0300670200 10 Bates Road -$68.92 -$178.29 -$247.21 880089* 2017 0300887300 9 Bicentennial Drive -$97.14 -$236.86 -$334.00 868291* 2017 0300802800 1 Cushing Street -$43.24 -$97.77 -$141.01 881734 2017 0300793800 6 Drummer Boy Way .$116.76 -$321.62 -$438.38 881623 2017 0200407000 68 Gleason Road $171.74 $277.331 $449.07 875875* 2017 0200999902 Hancock Street Rotary -$288.60 1 .$288.60 864817 1 2017 Subtotal -$18,297.32 -$40,659.04 -$58,956.36 *Denotes that more than one bill is involved in the obatememt hits FY2018 as ADJUSTMENTS TO WATER/SEWER 1 AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD PAGE 2 OF 2 WSAB 8/31/17 BOS 10/2/17 ACCOUNT • NOTES Carried over from Page 1 -$18,297.32 -$40,659.04 -$58,956.36 0300763100 8 Park Street -$68.92 -$178.29 -$247.21 880089* 2017 0100963400 739 Massachusetts Avenue -$1,333.80 -$1,333.80 864794 2017 0200569200 56 Meriam Street -$28.20 -$64.95 -$93.15 878102* 2017 0300763800 76 Myrtle Street -$123.80 -$351.13 -$474.93 881287* 2017 Total -$19,852.04 $41,253.41 -$61,105.45 It is further recommended to waive all accumulated interest on disputed bills for which no abatement is recommended: • • 01400981 102 22 Solomon Pierce Road 859573 2017 *Although one bill will be adjusted,other bills are included in the calculation 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 30 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 ($19,852.04) ($41,253.41) ($61,105.45) 7 DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN