HomeMy WebLinkAbout2017-10-30 BOS Packet - Released SELECTMEN'S MEETING
Monday, October 30, 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
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Pole Relocation Marrett Rd. - Verizon/Eversource(5 min.) 7:05 p.m.
2. Public Hearing- Noise Bylaw Waiver in Center(15 min.) 7:10 p.m.
3. Traffic Regulation: Bryant Rd. and Sanderson Rd. Stop Sign(5 min.) 7:25 p.m.
4. Residential Exemption Work Group Status Report(15 min.) 7:30 p.m.
5. Initial Review- FY2019-2023 Capital Improvement Plan(20 min.) 7:45 p.m.
6. Review and Approve Amendment to Remote Participation Policy(10 min.) 8:05 p.m.
7. Review and Approve Charge for Ad-Hoc 40C Committee(10 min.) 8:15 p.m.
8. Review Proposed RCN Contract Amendment(5 min.) 8:25 p.m.
9. Application for Common Victualler License- Wicked Bagel(5 min.) 8:30 p.m.
10. Selectmen- Committee Appointment/Reappointments (5 min.) 8:35 p.m.
CONSENT AGENDA
1. Proclamation- Employee Recognition Day
2. Water& Sewer Commitments
EXECUTIVE SESSION
1. Exemption 3: Collective and Coalition Bargaining Update(30 min.) 8:45 p.m.
ADJOURN
1. Anticipated Adjournment 9:15 p.m.
A Joint Executive Session Meeting with Board of Selectmen and the School Committee is
scheduled for Monday, November 6, 2017 at 5:45 p.m. in the Selectmen Meeting Room, Town
Office Building, 1625 Massachusetts Avenue.
The next regularly scheduled meeting of the Board of Selectmen is scheduled for Monday,
November 6, 2017 at 7:00 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 LeWedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Pole Relocation Marrett Rd. - verizon/Eversource (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
I.1
SUMMARY:
At the 10/2/17 Board of Selectmen meeting, the Marrett Road portion of the Pole Relocation Petition was
tabled until 10/16/17 to allow time for Verizon and MADOT to verify that the proposed pole relocation will not
encroach on private property and that the sidewalk space will meet ADA requirements.
On 10/18/17 MADOT/Verizon performed a site visit however pole location has not yet been confirmed.
It is recommended that the Board continue this item to the November 6, 2017 BOS meeting.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 7:05 p.m.
ATTACHMENTS:
Description Type
D Q ok> Ra�1a eationr Petitions Msnm:At mood Rackup Matorrinl
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 NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE
ENERGY 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:-
MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated
on Petition Plan 4P2017-4AOA5WW
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
NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY
By: (Signature)
Printed Name/Title:
C:Docs/Muni/Lexington/Petitions/P2017-4AOA5WW—Revised 10/4/2017
Mass Forni 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 d/b/a NSTAR ELECTRIC COMPANY
d/b/a EVERSOURCE ENERGY 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 17TH 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 NSTAR ELECTRIC COMPANY
d/b/a EVERSOURCE ENERGY, 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:-
MARRETT ROAD: Relocate existing jointly-owned pole No(s). 193/0 and 193/1 as indicated
on Petition Plan 4P2017-4A0A5WW
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.
Clerk, Board of Selectmen
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:
Clerk, Board of Selectmen
C:Docs/Muni/Lexington/Petitions/P2017-4AOA5WW-Revised 10/4/2017
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Public Hearing - Noise Bylaw Waiver in Center (15 min.)
PRESENTER: ITEM
David Pinsonneault, Public Works NUMBER:
Director and Ralph Pecora,
Water/Sewer Superintendent 1'2
SUMMARY:
The Lexington Department of Public Works is requesting a three year Noise Bylaw Special Permit for Sewer
Main Flushing. DPW would like to begin work at 5:OOam from Monday November 6th through Friday
November 17th in 2017 and begin at 5:OOam the first two weeks in November for 2018 and 2019. The work
area will be in and around the Town Center along Massachusetts Avenue from Meriam Street to Woburn
Street. Adjacent streets that connect to Mass Ave between these two end points that have sewer mains will
also be flushed as per the attached map. The work will entail the use of the sewer vac truck to flush the lines to
ensure proper flow. This work is best done when vehicles and pedestrians are at not present.
Per the Noise Bylaw, abutters have been mailed a notice of this hearing and it was advertised twice in the
Lexington Minuteman.
SUGGESTED MOTION:
Move that the Board of Selectmen grant a three year Noise Bylaw Special Permit to the Lexington Department
of Public Works to carry out Sewer Main Flushing.
FOLLOW-UP:
DPW will annually evaluate the program for efficiency and effectiveness.
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 7:10 p.m.
ATTACHMENTS:
Description Type
d Mmrrinr.g..TM Notico sin d Map Cbv orr Mom)
PUBLIC HEARING NOTICE FOR NOISE BYLAW SPECIAL PERMIT
The Lexington Board of Selectman will hold a public hearing on Monday, October 30'%2017 at
7:00 pm, in the Selectman's Meeting Room, 1625 Massachusetts Avenue, Lexington, MA for the
purpose of considering a request by the Department of Public Works, Water and Sewer Division,
for a Noise Bylaw Special Permit for two weeks in November to flush the sewer mains in the
downtown area. As per the noise bylaw, the DPW is requesting a 3 year pen-nit for the first two
weeks of November in 2017, 2018, and 2019.
Beginning Monday,November 61h, 2017, and through Friday,November 170', 2017,the
Department of Public Works, Water and Sewer Division, would like to begin work earlier than
the normal start time of 7:00 am, to flush the sewer system in the down town area. Work will be
conducted Monday through Friday and start at 5:00 am in and around the Center of Town
where sewer mains are located from Meriam Street at Mass Ave, along Mass Ave to
Woburn Street. Adjacent streets that connect to Mass Ave. between these two end point
locations with sewer mains will also be flushed, (See attached sewer system map for streets
to be flushed highlighted in pink.)
This public hearing will provide residents and interested parties the opportunity to provide the
Board of Selectmen with comments regarding this Special Permit request, Written comments
may also be sent, preferably by October 26ffi, 2017, to the Board of Selectmen, 1625
Massachusetts Avenue, Lexington, MA 02420.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Traffic Regulation: Bryant Rd. and Sanderson Rd. Stop Sign(5 min.)
PRESENTER: ITEM
NUMBER:
David Kucharsky,Assistant Planner
1.3
SUMMARY:
Residents in the Sanderson/Bryant neighborhood have submitted a request to the Transportation Safety Group
(TSG) for a traffic control at this intersection. TSG recommends stop signs on Sanderson Road, at Bryant
Road.
SUGGESTED MOTION:
Move to approve and sign the Traffic Rules and Orders for stop signs on Sanderson Road in each direction,
at Bryant Road.
FOLLOW-UP:
Highway will install.
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 7:25 p.m.
ATTACHMENTS:
Description Type
D V"iraflk.Order Q�ylr /�a.rg..TMrrl;rxia nr.
D Map M'S to Qalra a RUr tiarnr.
VOTED: IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF
1986 OF THE GENERAL LAWS, THE TRAFFIC RULES AND ORDERS
OF LEXINGTON, ADOPTED BY THE BOARD OF SELECTMEN ON
NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF
LEXINGTON, ARE HEREBY AMENDED AS FOLLOWS:
BY ADDING TO CHAPTER 192-10 SCHEDULE 7 THE
FOLLOWING
STREET LOCATION REGULATION
Sanderson Road Northwest Bound at Bryant Road Stop
Sanderson Road Southeast Bound at Bryant Road Stop
DATE OF PASSAGE
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Residential Exemption Work Group Status Report (15 min.)
PRESENTER: ITEM
NUMBER:
Joe Pato & Vicki Blier
1.4
SUMMARY:
Preserving affordability for residents is the Board's top financial goal. In the Spring of 2017 Mr. Pato obtained
consent from the Board to form a working group to study the Residential Exemption and analyze if adopting
the exemption could help reduce the property tax burden on seniors and make it easier for residents to remain
in their homes.
The Working Group has complete its initial fact-finding and will provide the Board with a brief tutorial on the
Residential Exemption, discuss effects of implementing the exemption in Lexington, and provide some
conclusions and recommendations.
SUGGESTED MOTION:
No action at this time
FOLLOW-UP:
Consideration of WG recommendations
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 7:30 p.m.
ATTACHMENTS:
Description Type
Cd Q'ira.rlyati&Uy Roport Q'ira ,a RUr tiarnr.
The Residential Exemption
Preliminary I el oirt of Selectman IPato's e ii 'en iid Exemption Working Oiroul
30 October 2017
Working Group Participants
Vicki IBheir
Patricia Costello
Glenin IPairlkeir
Joe Ito
John IBairtenstein
Andirei IRadullescu lBanu
Our Presentation
neirall Comments on the IResdenfiall I Exemption
11)iscussion of I Effects on Il..... xiington
Conclusionsand Recommendations
What is the Residential Exemption?
I1.....ocall of fiion l iropeirfy faux exeirnl fiion.
Applies to a11 ownerr 000ul ii :d l iropeirUe .
IFax irate incireases to irnalke the exeirnl fiion irevenue n :ufirall
AIIII it : iid :nfiiall taxpayeirs lay the Ihiiglh :ir faux irate, Ibuf only own :ir 000ul ii :d
1piropeirfies receive the exeirnl fiion.
Coirnirneiroiiall l irop :irfii : not aff ,cted.
This is a local property tax option to provide an exemption to all owner-occupied
homes. Properties that are not owner-occupied do not qualify.The decision to
adopt this option is made by the Selectmen at the annual Tax Classification
Hearing.
In order to keep the exemption revenue-neutral,the tax rate is increased.All
residential parcels are taxed at the new, higher rate, but only owner-occupied
homes receive the exemption.
The effect is to reduce taxes on owner-occupied homes with valuations below a
break-even point, and to increase taxes on homes above the break-even point.
All residential properties that are not owner-occupied will also receive a tax
increase.
Commercial properties are unaffected by the residential exemption.
How much is the exemption?
0% to 35% of the Fown' average it : iid :nfiiall l aircell.
IRx :d dollllair airnount its deducted firoirn each ellii iiblle
I iropeirty assessirnent.
5
The exemption amount is based on a percentage of the Town's average
residential assessment.The Selectmen choose a factor between 0%and 35%of
the average residential assessment and the resulting number becomes a fixed
dollar amount that is deducted uniformly from the assessments of each eligible
property before tax rate is applied.
Impacts by Property Type
I ax 111)ecirease
* Owneir occulpied Ihoirnes valued lbellow the lbirealk even 1point
I ax Increase
• Owneir occulpied Ihoirnes valued albove the lbirealk even 1point
• A11 non owneir occulpied 1piropeirUes
All owner-occupied homes below the break-even see a decrease
Properties seeing an increase are owner-occupied homes with valuations above
the break-even point and all non-owner-occupied properties.
A non-owner occupied property is any residentially zoned parcel that is not the
primary residence of the owner. Included are apartment buildings, (but not
individual owner-occupied condo units),second homes, rented-out homes,
homes belonging to relatives who don't live there, homes in trusts without a
beneficial interest or life estate for the resident(such as the so-called Medicaid
Trusts),side lots and undeveloped residential land. Multi-family homes where
one unit is the primary residence of the owner, however, are considered
owner-occupied.
What is the break-even point?
IFIhe lbirealk even 1p61nt equals the total) assessed value
of all residential Ipiropeirfies divided lby the inuirnbeir of
owner occi.ipied Ipiropeirties.
IFIhe lbirealk even 1p61nt is Ihiigheir than the average
assessed value.
IFIhe Ihiigheir the owneir occulpaincy irate, the lloweir the
lbirealk even 16nt.
We referred to a break-even point.The break-even point is the total assessed
value of all residential property divided by the total number of owner-occupied
homes.
This number is higher than the average residential property value and it
increases as the number of owner-occupied properties decreases.
The tax biII I'°as II i1llIl IEffccts of 35% IIFactcur
differential
increasesMR
'
with the distance
from the
j I:I,IaUIa „0r��
in)1:°rr
break-even point ����
°'�� ���� Break-Even Point
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Assessed Value
V HI)No f)r^Irlcam d FxriujjGion e uwnrli OcuLipir:1 W Owen "-Oi ruC lcO
8
The blue diamond line shows what the tax bills look like now,without a
residential exemption.The red dot line shows the effect of a 35%factor
residential exemption on owner-occupied tax bills.
The yellow star line shows the effect on tax bills for properties that don't qualify
for the exemption.
The break-even point is where the blue diamond and red dot lines cross.That is
the house value that neither increases nor decreases with a residential
exemption.
The difference in tax bills for those who qualify for the exemption increases with
distance from the break-even point.
How is the owner-occupancy rate estimated?
Alternative Methodollogy:
Cities and towns dO not have 8 mechanism for recording whether the occupant
Of8home is the home's owner, SO owner-occupancy must be estimated.When 8
community implements the residential exemption,they institute 8 procedure for
determining a property's owner occupancy status that can involve a property
owner applying for Or proving owner-occupancy status.
For the annual tax-rate setting, the Town Assessor's Office takes a conservative
approach that assumes properties are owner-occupied if the property address
and billing address match.This has yielded 8 high estimate for the rate Of
owner-occupancy 8t approximately g5%.
The Working GrOUp'S analysis took 8D alternative approach tOestimating
OVVDer-OCCUp8DCy by correlating Town Census data with owner records yielding
8D owner-occupancy rate Of approximately 80%.
The owner-occupancy rate is an important factor in analyzing the effects of the
residential exemption. We caution that both of these methods on this slide only
estimate the actual rate and that ultimately owner-occupancy will b8determined by
direct contact with property owners.
FY2017 Estimated
Break-Even-Point for Lexington
• 1,1 1 0,000
• Alternative imetlhodollo y
Using the alternative methodology,the working group came up with a rough
estimate of$1,119,000 for the break-even point, using FY2017 data.
All Residential Properties
Distribution of Property Tax Increases and Decreases
TAX II'NCflREA;SE:
NON-oWNERR,
OCCUPIED
PRRO PERRVES
TAUT DECREASE: � jApartmrre,m#
OWNER-OCCUPIED,P1E@, � ".1-ca r plexes, houses,
NNoMCa
vacant flamed)
wa�med below / j 2 %
61.119 M
YERR-OCCUPIED
IC9IMdRErS
above 1 J fR�19 M
With this break-even point, 60%of all owner-occupied homes would see a
sliding scale tax decrease.
17%of all owner-occupied homes would see a sliding scale tax increase.
23%of our residential parcels are not owner-occupied .These apartment
complexes,second homes, etc.would all be taxed at the new, higher tax rate.
This would not be a sliding-scale increase.
Owner-Occupied Homes
Above and Below the Break-Even Point
...............................................................................................................................................................................................................................................................................................................................................................................
TAX D,ECREASE�
OWNER-0,CCUPIED
HOMES TAX INCREASE:
beRowr$1.711 //a OW4 NERR-OCCR➢MED
�yf
MiILRircrmr �����iii HOMES
above$1.119,M
22
Sit I
,2
Looking at just owner-occupied homes,we see that 78%of them are valued
below the break-even point and would see a sliding scale tax decrease.Another
22%are above the break-even, and would see a sliding scale increase.
Distribution of Tax Increases
NON-OWNER OWNER-OCCUPIED
OCCUPIED ......... HOMES
PROPERTIES above
(Apartment $1.119M
complexes, homes,
vacant land, etc.) 44 0�0
56%
13
Looking just at those properties that will see a tax increase: 44%of them are
owner-occupied.The remaining 56%are the apartment buildings, second
homes,etc.
Owner-Occupied Properties
Approximate Tax Bills with a Residential Exemption
At 10% and 35% factors for FY17
- - - - - - - - - - - - - - - -
Standard Taxation 10% Factor 35% Factor
$14.50 tax rate $15.72 tax rate $19.89
No exemption $86,698 flat exemption $303,443 flat exemption
$600,000 home $8,700 $8 068 $5 900
delta $632 reduction $2 800 reduction
�� a ,k,
$1,119,000 home $16,226 $16,226 $16,226
(break-even)
No change No change
....$2 000,000 home 000 ,,, $33 751 1
$29, $30 072 J
Delta $1,072 increase $4,752 increase
Here's what the actual tax bills for owner-occupied homes might look like with a
10%factor and a 35%factor.A$600,000 home would get a reduction in tax of
$632 at 10%and $2,800 at 35%.The break-even home would see no change,
and the $2 Million home would see increases of$1,072 and $4,752.
Non-Owner-Occupied Properties
Approximate Dollar Impacts
At 10% and 35% factors for FY17
- - - - - - - - - - - - - - - -
Standard Taxation 10% Factor 35% Factor
$14.50 tax rate $15.72 tax rate $19.89 tax rate
No exemption No exemption No exemption
$600,000 property $8 700 $9 431........ $11 936
....
delta $731 $3 236
$1,119,000 property $16,226 $17,588 $22,26 1
delta $1,362 $6,035 J
$2,000,000 property $29,000 $31,435 $39,787
delta .. j $2,435 $10,787
15
All non-owner-occupied properties, including properties at the break-even
value,would see an increase in their tax bill.These properties are subject to the
increased tax rate, but do not get the exemption.
A$600,000 property would see an increase of$731 at 10%and $3,236 at the
35%factor.Tax bills for$2 Million properties would see increases of$2,435 and
$10,787.
Property tax reductions by age group
Seniors appear to Ihave a gireateir Iben :flit -firoirn aI licafion of the
residenfialI exeirnIpfion.
III lornes wilth all residents over age
* '75% of Ihoirnes with only senioirs see ireductiion in the tax Ibiillll.
III lornes wilth all residents undeir age
55% wHII see a ireduced Ipiropeirty tax Ibiillll.
16
A preliminary review of property addresses by age shows that 75%of
senior-only households will benefit from the residential exemption.
55%of Lexington homes where all residents are are under age 60 will see a
property tax reduction.
Conclusion
First stelp in getfing a lbetteir understanding of the iresidenfiall
exeirnIpfion.
limpleirneinfing the IResidenfiall IExeirnlpfion Ihas jpotenfiall to..
• IPiroviide tax irelliief to irnoire senioirs and a hairgeir nuirnbeir of
residents than Ipireviously expected
• Ameliorate the effects of Ipossible ovenrides and debt
exclusions on lloweir value Ihoirnes lbut irnagnify the effects on
higheir value Ihoirnes or non owneir occulpiied Ipiropeirfies
This is just a first step toward gaining new understanding of the the residential
exemption under today's home values,owner-occupancy rates and
demographics.
It looks like more residents, especially seniors,will benefit than had previously
been expected.This is a tool that can be used to soften the effect of potential
property tax increases on our lower-valued homes.
Recommendation
* 11)eelpeir study of the data is needed
* Policy implicafions should The examined
* Recommend an Ad 11 loc Committee to explore 1policy consequences, gatheir
coirnimunity f(--,,edIbacIk, and irnalke 1policy ireooirnirnenclatiions to the Selectmen.
.18
We recommend that the Selectmen appoint a broad Ad Hoc Committee to take
a deeper look at the data,study the policy consequences,gather community
feedback and make recommendations to the Selectmen.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Initial Review - FY2019-2023 Capital Improvement Plan(20 min)
PRESENTER: ITEM
NUMBER:
Carolyn Kosnoff,Assistant Town
Manager for Finance 1.5
SUMMARY:
Attached are preliminary FY2019 capital improvement requests that have been submitted for the Selectmen's
initial review. The Finance staff has highlighted and provided brief descriptions of certain requests that may
warrant more in-depth discussion at this or future Selectmen's meeting.
SUGGESTED MOTION:
N/A
FOLLOW-UP:
Staff will continue to refine these requests over the coming weeks. Revised versions will be presented to the
Board of Selectmen at the Board's budget review sessions in late November.
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 7:45 p.m.
ATTACHMENTS:
Description Type
D FY20119-FY2023 Cbpit.d Q'iroJoc t R quests Rackup Ma orinl
D QrY20119..FY2023 Cbpit.d Q'iroJoc t V fig hEg hts Rackup Matorinl
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HIGHLIGHTED CAPITAL PROJECTS - FY2019-23
INFORMATIONAL TECHNOLOGY
#1054—Application Implementation
This capital project is for large application migrations and implementations. The Initial
focus of the capital project will be to maximize the value of existing applications through
the addition of and adoption of features and modules. In addition to developing existing
applications, some years may include the addition of a new application.
PUBLIC FACILITIES
#306 —Lexington Police Station Rebuild
Special Town Meeting 2016-5 appropriated $65,000 to study a new Police Department
Headquarters the current Massachusetts Avenue location and also at the 173 Bedford
Street location. The results of the study indicated that a modern Headquarters could be
constructed at the current location for $25,400,000, with an additional $250,000 being
required to modify 173 Bedford Street as a temporary Headquarters, for a total of
$25,650,000.
The study also determined that for a comparable investment, a modern structure could be
built at the 173 Bedford Street location. At this time, the final location has not yet been
determined, but the Board of Selectmen are expected to determine the final location over
the next few months and before the project is brought to annual Town Meeting.
#561 — Townwide Roofing Program
The Department of Public Facilities maintains a 20 year Roof Master Plan. A priority for
FY2021 is replacing portions of the roofing system as it has reach its useful life cycle per
the present plan. As part of the master plan Bridge Elementary schools roof has been
moved and will part of the FY21 capital plan with possible MSBA funding. The priority
for replacement of LHS Main Building and LHS Field House roofs have been moved to
2023 which may align itself with the a capital replacement plan for LHS.
#1044—Lexington High School Upgrade
Lexington High School was renovated in 2000 to a capacity of 1,842 students. In 2014
and 2015, pre-fabricated buildings were added to the campus, increasing the number of
classrooms. The January 28, 2015 Symmes Maini & McKee Associates (SMMA)
Lexington Public Schools Master Plan Report identified the "classroom" capacity of
Lexington High School to be 2,270 students, though also identifying that core areas
would still be overcrowded. This existing capacity was projected to provide sufficient
classroom space for the next five years.
From the SMMA Master Plan, a School Building Project Consensus Plan was developed
that identified adding capacity to the middle schools, elementary schools, and pre-
kindergarten, as the priorities over the next five years. School Committee anticipates that
at the conclusion of the current Hastings Elementary project, in approximately 2020, that
a Statement of Interest(SOI would be submitted to the Massachusetts School Building
Lexington.3342.1.Highlighted_Capital_Projects_-_10-3 0-17.docx
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Authority (MSBA)to evaluate the Lexington High School for insufficient educational
capacity and system upgrades. Should the MSBA select the Lexington SOI, funding
would be required for the Feasibility Study.
#1059 —Public Service Building Vehicle Storage Area—Floor Drainage System
FY2019 - $157,000 -This request includes the analysis, design and repair of the floor
drain system in the vehicle staging prep area at the Public Services Building. The floors
are exposed to salt, grime, and residual from petroleum products which has caused
deterioration of concrete around the drain grates creating a safety issue.
PUBLIC WORKS
9321 —Center Streetscape Improvements
FY2019 - $450,000 - This project is a request to restore and improve the center sidewalk,
streetscape, and circulation with a focus on pedestrian safety and accessibility. The FYI
request was to fund the traffic counts and traffic modeling of multiple scenarios and there
was no FY14 request. Past funding allowed the design to progress to 25%. The FY15
request of$600,000 provided funding to complete the design and develop plans and
specifications necessary for bidding the project. The plans are being revisited based on
recommendations from the Center Streetscape ad-hoc committee and direction from the
Board of Selectman. This will result in redevelopment of the 25%plans and will include
the assistance of additional professionals including historians, irrigation consultants,
lighting consultants and tree consultants. The project will then be furthered to 100%
plans and specifications ready for bidding. The FY2019 funding request encompasses the
additional design funding necessary to meet these goals. The construction funding is
anticipated to be phased and rough estimates are provided in future years but will be
adjusted as plans are finalized and phases are clarified. The construction phase is likely to
include pedestrian, bicycle, and vehicular safety improvements, the restoration, removal
and replacement of the sidewalk along the northerly side of Massachusetts Avenue from
Woburn Street to Meriam Street(and possible the south side, streetscape improvement,
improved lighting as well as other aspects developed in the Plan. In addition to the
restoration of these areas, all of the existing pedestrian corridors and ramps will be
brought into ADA compliance. Staff is working with Town Counsel and CPC to
determine which elements are eligible for CPA funding, including brick sidewalks and
interpretive elements.
#327 —Automatic Meter Reading System
Funding request for FY2019 is $750,000. The Water Division has contracted with a firm
to evaluate the existing meter equipment for compatibility with an AMR system and to do
a return on investment analysis. The goal of this program is to install a town-wide radio
read system that will give the ability to read meters from a remote location. The AMR
system is comprised of an endpoint of meter transmitters, optional repeaters, and the base
station receiver. This will be accomplished in three phases over a three year time period.
FY2019 $750,000 transmitters in water section 1 of the town and installation of base
stations, FY2020 $650,000 transmitters installed in section 2, and FY2021 $650,000
transmitters installed in section 3.
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#560 —Water Distribution System Improvements
FY2019 - $1,000,000 - This is an annual program for replacement of unlined, inadequate,
aged and breaking water main and deteriorated service connections as well as the
elimination of dead ends in water mains. The water main replacement at Massachusetts
Avenue from Pleasant Street through Marrett Road as well as the Woburn Street
intersection is complete. We have also completed the installation of a pressure sustaining
valve in the Grove Street area to ensure proper pressures are provided in this area. We
have completed a hydraulic model for the entire distribution network and are near
completion with the asset management plan. We are currently developing the plan for
future water replacements and anticipate Vaille Avenue will be one of the water mains
replaced next construction season. This funding will allow for us to begin the
implementation of the recommended replacements as we continue to eliminate unlined
water mains in town. As we finalize and evaluate the asset management plan it may
result in adjustments to budget requests in future years.
#688 — Townwide Signalization Improvements
FY2019 - $1,100,000 - This is an annual request for funds to update traffic and pedestrian
signals in Lexington. A signal inventory and compliance study has been completed. The
study includes ADA compliance, condition assessment; signal timing, delays, and
prioritization recommendations.
The design at the intersection of Massachusetts Avenue at Worthen Road has progressed
to 25% design and is currently moving toward 100% design. This funding request is
anticipated to be used for the construction of the Massachusetts Avenue/Worthen Road
intersection improvements which includes geometric improvements and full replacement
of the traffic control equipment, signals and mast arms as well as opticom.
#1039—Hill Street New Sidewalk Project
FY2019 - $0-Residents have requested the installation of a new sidewalk along the .7
mile stretch of road from Bedford Street to Cedar Street. There are currently no
pedestrian accommodations along the roadway which is designated as a Rural Minor
Collector and abuts approximately 45 residences as well as the Lexington Golf Club and
Poor Farm Conservation Area. Roadway is winding which creates sightline issues. A
survey of the roadway was conducted which included a preliminary evaluation of
sidewalk locations along both sides of the street. Funds were then requested to finalize
the design work(i.e., refine the placement of sidewalks as well as retaining walls,
drainage and other design elements)in order to provide a more detailed cost estimate for
the project.
The design phase has been funded and will begin in the fall of CY2017 and is unlikely to
be completed in time to justify a request for construction funding in FY2019. Planning
and Engineering intend to submit a construction request for Hill Street in the FY2020
budget.
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#1060 —Pelham Road Sidewalk and Roadway provements
FY2019 - $1,400,000 This project is a request to install a new sidewalk and replace the
existing short section of sidewalk on Pelham Road from Massachusetts Avenue to #20
Pelham Road. Additionally the funding will be used to improve the sight distance at the
intersection of Pelham Road at Massachusetts Avenue. The proposed work includes
ancillary improvements at these locations that include drainage installation and upgrades,
road reconstruction, curbing, pavement markings, etc. The design funding is in place
from a previous town meeting appropriation to design the project and prepare bid
documents. The sidewalk portion of the project is estimated to cost approximately
$1,000,000 and the intersection improvements are estimated to cost approximately
$400,000.
RECREATION
#278 —Athletic Facility Lighting
In 2016, the Recreation Committee combined Phase I and Phase II of the Athletic Facility
Lighting Project. This decision was to facilitate operational efficiency and allow staff to
program the lights using one software system and not two separate operating systems.
The basketball and tennis light replacement moved from FY2018 to FY2019 and
combined with the baseball and softball light replacement project.
The FY2019 request is for $975,000 to replace the existing lighting system and structures
at the Center#1 Baseball Field, Center#2 Softball Field, and the Center Basketball
Courts with more cost efficient fixtures and illuminants. Additionally, the project will
replace the existing lighting system and structures with a new lighting system on all ten
of the Gallagher Tennis Courts (currently, only four courts are lighted) as well as upgrade
the lighting system at the Irving H. Mabee Town Pool Complex (new inclusion this year).
#732 —Center Track and Field Reconstruction
The Center Track area is one of the most heavily used facilities in town and is open and
available 365 days per year depending on the weather. The track and the associated
athletic field area are used by the Lexington Public Schools, Recreation & Community
Programs, youth and adult groups, and residents. The area is used for walking, running,
track and field events, soccer, Special Olympics, and physical education classes at
Lexington High School. The track surface was recoated in Fall 2012 and that was the last
recoating that the current track could undergo. It was estimated to add 5 — 6 of life to the
existing surface. This request is to totally reconstruct the track surface and do a complete
renovation of the athletic field with the installation of a natural grass/synthetic turf hybrid
field. The natural grass/synthetic turf hybrid field will provide more stability while
looking, feeling, and playing like a natural grass field. This project will also include the
installation of a new lighting system and the replacement of existing bleachers and
fencing at the complex. The FY2019 request for this project is $3,340,000.
#1048 —Community Center Expansion
The Recreation Committee is requesting $250,000 in FY2019 for the schematic design
associated with the expansion of the Lexington Community Center campus. This is the
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first phase of a proposed three-phased project. The Community Center opened its doors
to the public on July 6, 2015 and during the first two years of operation, the response
from the community has exceeded expectations. The Community Center operates 73
hours per week and in FY2017, approximately 121,572 individuals came to the
Community Center to participate in planned programs, drop-in activities, discussion
groups, community meetings, and to register for upcoming activities. With the support
for and interest in the Community Center being so favorable, the current level of
programming is at a capacity for many of the service areas. In FY2017, the Community
Center offered 355 programs with a total of 3,704 individual participants. The Town's
recent acquisition of the Pelham Road property presents a unique opportunity to
implement the Phase 11 expansion, which was initially planned for 5-10 years in the
future. The schematic design phase will utilize the campus site plans that DiNisco
Design provided the Town in August 2017. The expansion will enable the Department to
increase the current recreational program offerings and build on the strong foundation
that has been established at the Community Center.
The schematic design phase will examine and determine the most appropriate location for
the Community Center expansion and will identify the various features and amenities to
be incorporated into the expansion. This may include (but is not limited to) such features
as a regulation-size gymnasium, stage, cafeteria with a commercial kitchen, large, multi-
purpose program rooms, and locker rooms. The use of these amenities would provide the
ability to offer programs and services during school time hours. Currently, the
department is limited by the public school calendar and hours. This unique opportunity
allows the Town to be prepared for the changing demographics in a way that thoughtfully
anticipates the needs of the community. With this expansion, the Community Center
would be able to offer dynamic, versatile recreational programming for people of all ages
and abilities.
Following the schematic design phase of this project, the second phase (design
development and construction/bid documents)is scheduled for FY2020 and the third
phase (construction)is scheduled for FY2021. This project is a new entry in the 5-year
capital plan this year due to the Town's recent acquisition of the Pelham Road site.
Lexington.3342.1.Highlighted_Capital_Projects_-_10-3 0-17.docx
5
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review and Approve Amendment to Remote Participation Policy (10 Min)
PRESENTER: ITEM
NUMBER:
Joe Pato; Michelle Ciccolo 1.6
SUMMARY:
The Selectmen's Policy Manual Committee reviewed recent changes in the Open Meeting Law(MGL chapter
30A) and recommend updates to Lexington's Remote Participation Policy to bring it in fine with the new
conditions for allowing remote participation.
Guideline Section 1: the original statute listed 5 conditions as a reason for remote participation. The
revised statute says if"physical attendance would be unreasonably difficult".
In addition, the committee reviewed Lexington's current prohibition on remote participation for Executive
Sessions and recommends that local restriction be eliminated.
SUGGESTED MOTION:
Move to amend the Board of Selectmen's Remote Participation Policy as presented.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 8:05 p.m.
ATTACHMENTS:
Description Type
D Rodko copy M'rovisod ronx)to puticipation,Poky
BOARD OF SELECTMEN POLICY
REMOTE PARTICIPATION
Date Approved by BOS: Signature of Chair:
IM t 9 F" 2W 40ctobe 30,201.7 DdIl'ai 71, W
1.Purpose Statement
This policy establishes clear guidelines for remote participation in meetings of Lexington
public bodies. The policy promotes greater participation in public meetings by allowing
board and committee members to participate by telephone,internet,video conferencing,or
other forms of adaptive telecommunications when specific circumstances prevent them from
being physically present. However,all members of public bodies are strongly encouraged to
attend meetings in person whenever possible.
2.Enabling Authority
The Open Meeting Law regulations at 940 CMR 29.00,amended by the Office of the
Attorney General and adopted by the Lexington Board of Selectmen on March 10,2014,
allow members of public bodies to participate remotely in meetings when specific
circumstances prevent them from being physically present. 940 CMR 29.10(8)allows a
municipality to prohibit or further restrict remote participation,but does not provide for
making those regulations less stringent.
3.Applicability
This policy shall apply to all Lexington public bodies subject to the Open Meeting Law(e.g.
boards,committees,commissions and sub-committees),including the School Committee,
whether appointed or elected. As provided by statute,the Lexington Retirement Board is not
covered by this policy but may choose to adopt its own policy.
4.Technology
a) The Town does not guarantee that sufficient technology for remote participation will be
available for any given meeting.
b) If hearing assist devices are in use,the technology employed for remote participation
must effectively connect with the hearing assist system.
5.Lexington Restrictions Governing Remote Participation
a) Any costs incurred by a remote participant will not be reimbursed by the Town. Formatted:Indent:Left: 0.24", No bullets or
44 4*�tpt &. numbering
6.References
Policy adopted by the Board of Selectmen on March 10,2014.
4"a hcy revk d8 ors October 30,2014.
Remote Participation Guide
ro,
� Town of Lexington
a
Remote Participation Guide
;..20440c;tober 30,_201.7)
,1f1NC.'�,,.✓
The Remote Participation Policy,as adopted by the Board of Selectmen,permits remote
participation by members of public bodies at public meetings in accordance with 940 CMR
29.10 and outlines local restrictions as allowed under the law.
The State's regulations on remote participation may be found at:
<http://www.mass.gov/a ro/government-resources/open-meeting-law/940-
cmr2900.htm1#Remote>.
You are encouraged to read the entire document,but this guide is intended to be an outline of the
Attorney General's regulations for remote participation. Should there be any discrepancy
between the law and this guide,the law shall prevail.
The chair,or,in the chair's absence,the person authorized to chair the meeting,is responsible for
compliance with this policy.
1.Permissible Reasons for Remote Participation
It is the express desire of the Board of Selectmen that remote participation in meetings be an
infrequent event,for both individual board members and public bodies as a whole. Chairs of
public bodies are encouraged to interpret these rules in a strict fashion and to continue to
persuade all members to attend meetings in person as a general rule,due to the inherent benefits
of physical presence at a meeting. Chairs are encouraged to inform their colleagues that remote
participation will not be permitted simply as a matter of convenience.
A member may remotely participate in a meeting should his/her physical presence be
:t1",
y or....Aufy-; owned
unreasonably difficult,.
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2.Minimum Requirements for Remote Participation
a. Remote participants and all persons present at the meeting location shall be clearly
audible to each other. If video conferencing technology is also in use,the remote
participants shall be clearly visible to all persons present in the meeting location.
b. A quorum of the body,including the chair or,in the chair's absence,the person
authorized to chair the meeting,shall be physically present.
3.Procedures for Remote Participation
Formatted:Keep with next,Keep Tines together
a. Any member of the body wishing to participate remotely should notify the chair as soon
as reasonably possible prior to the meeting. The chair has the authority to grant or deny
requests to participate remotely.
b. At the start of the meeting,the chair must announce the name of any member who will be
participating remotely and the reason for his/her remote participation. This information
shall be recorded in the meeting minutes.
c. All votes taken during a meeting in which a member participates remotely shall be by roll
call vote.
d. When feasible,the chair or,in the chair's absence,the person authorized to chair the
meeting,shall distribute to remote participants,in advance of the meeting,copies of any
documents or exhibits that he/she reasonably anticipates will be used during the meeting.
If used during the meeting,such documents shall be part of the official record of the
meeting,and shall be listed in the meeting minutes and retained in accordance with
M.G.L.c.30A,sec.22.
4.Technology
a. The minimum technology required will be a speakerphone of sufficient quality to be
intelligible to all in the meeting.
b. If communication problems inhibit the progress of the meeting,the chair must decide
whether to continue the meeting,suspend the meeting,or terminate the participation of
the remote participant. In the event that more than one member remotely participates,the
chair shall evaluate each connection separately and may elect to terminate the
participation of one or more of the remote participants should technical difficulties inhibit
the progress of the meeting. The meeting minutes must reflect any such decision.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review and Approve Charge for Ad-Hoc 40C Committee (10 min.)
PRESENTER: ITEM
NUMBER:
Michelle Ciccolo
1.7
SUMMARY:
At the October 16, 2017 Selectmen's meeting, the Board reviewed the draft charge/membership/timeline
for Historic Districts Commission Ad Hoc 40C Study Committee.
The Board is now being asked to approve the committee charge for the Historic Districts Commission Ad
Hoc 40C Study Committee.
SUGGESTED MOTION:
Move to approve the Historic Districts Commission Ad Hoc 40C Study Committee Charge.
FOLLOW-UP:
Selectmen's office
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 8:15 p.m.
ATTACHMENTS:
Description Type
D QrRA V" Rackup Matorrinl
Draft 10/23/17
HISTORIC DISTRICTS COMMISSION AD HOC 40C STUDY COMMITTEE
Members: Five voting members, including one representing the Lexington Historic
Districts Commission and one representing the Lexington Historical
Commission.
Appointed by: The Board of Selectmen
Length of Term: Upon completion of all recommendations to the Board of Selectmen in
accordance with the established deliverables schedule as outlined below.
Meeting Times: As determined by the Committee.
A minimum of one evening meeting to solicit public comment shall be
required.
Description: The Lexington Historic Districts Commission was created in 1956 through a
Special Act of the Legislature (Chapter 447, Acts of 1956, An Act
Establishing an Historic Districts Commission for the Town of Lexington and
Defining its Powers and Duties, and Establishing Historic Districts in the
Town of Lexington, as amended). At the time the Special Act was enacted,
only two other communities -Nantucket and Beacon Hill - had historic district
commissions. Subsequent to that time, however, many more communities
requested similar legislation and as a result in 1960 the Legislature enacted
enabling legislation in Massachusetts General Laws Chapter 40C ("40C")to
standardize the administration and practices of historic district commissions
across the Commonwealth. Of the 100+ HDCs in Massachusetts, only a few
HDCs remain outside this regulatory scheme -- 40C itself provides a
conversion mechanism. This Committee will study the provisions of 40C, the
differences between 40C and the Lexington Special Act, and the process for
conversion to 40C.
Vision: Conversion to a 40C scheme for our local historic districts may simplify the
member selection process, make Lexington's regulation consistent with the
standards applied by communities across the Commonwealth, and enable the
Lexington HDC to draw on over 55 years of supportive case law interpreting
the various provisions of 40C.
Mission: To ensure that architecturally and historically important properties are
preserved, thus enhancing the character of the Town for residents and visitors;
and to ensure that the owners of these properties are treated fairly, consistently
and in accordance with statewide and local standards.
Deliverables:
Draft 10/23/17
• Report addressed to Board of Selectmen with respect to process and
justification for conversion from a "Special Act" historic district commission.
to a Massachusetts General Laws Chapter 40C historic district commission.
• Proposed language for Lexington bylaw.
• Presentation at Annual Town Meeting of findings and proposals.
Criteria for Membership: Some members should have some familiarity with Massachusetts
General Laws Chapter 40C and the Lexington Historic Districts Special Act or the
willingness to review and understand these two laws. Some experience with existing
HDC decision-making,policies and procedures would be helpful, as well as
knowledge of historic preservation practices across the Commonwealth of
Massachusetts. A property owner within the existing HDC districts is desirable.
Staff Support: Assistant Town Manager for Development
Prior to serving as a member of this committee, members are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to
continue to serve on the Committee the member must acknowledge annually receipt of
the Summary of the Conflict of Interest Statute. Said summary will be provided by and
acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line
training requirement required by the Conflict of Interest statute. Further, to continue to
serve on the Committee, the member must acknowledge every two years completion of
the on-line training requirement.
Attachment: Massachusetts General Laws Chapter 40C
Draft 10/23/17
GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 40C. HISTORIC DISTRICTS
Chapter 40C.-Section 1. Citation.
Chapter 40CSection2. Purpose.
Chapter 40C....Section..3. Establishment of historic districts; pre-requisites; enlargement or
reduction of boundaries; amendment of creating ordinance; filing of maps._
Chapter 40C. Section-4. Study committees, commissions, establishment, membership, terms,
vacancies; compensation; officers.
Chapter 40C...Section..5. Definitions.
Chapter 40C Section 6. Certificates of appropriateness, non-applicability or hardship, necessity,
applications and plans, etc.; building.and..demolition pen-nits restricted.
Chapter 40C...Section.7. Factors to be considered by commission.
Chapter 40C...Section..8. Review authority of commission over certain categories of buildings,
structures or exterior architectural features limited authorization.
Chapter 40C...Section.9. Maintenance and repair or replacement.
Chapter 40C...Section..10. Additional powers, functions and duties of commission.
Chapter 40C...Section j 1. Approval or disapproval of exterior architectural features by
commission; meetings; applications for certificates, public hearings; notices.
Chapter 40C...Section..12. Review procedure provided by local ordinance or bylaw.
Chapter 40C...Section..12A. Appeal to superior court.
Chapter 40C...Section..13. Jurisdiction of superior court; penally.
Chapter 40C Section 14. Powers and duties of commissions established as historical
commissions.
Chapter 40C...Section..15. Filing of ordinances, maps, reports, etc.
Draft 10/23/17
Chapter 40C...Section..16. Special historic districts; acceptance and effect of this chapter.
Chapter 40C...Section..17. SeverabililL.
Section 1. Citation
This chapter shall be known and may be cited as the Historic Districts Act.
Section 2. Purpose
The purpose of this chapter is to promote the educational, cultural, economic and general welfare
of the public through the preservation and protection of the distinctive characteristics of
buildings and places significant in the history of the commonwealth and its cities and towns or
their architecture, and through the maintenance and improvement of settings for such buildings
and places and the encouragement of design compatible therewith.
Section 3. Establishment of historic districts; pre-requisites; enlargement or reduction of
boundaries; amendment of creating ordinance; filing of maps
A city or town may, by ordinance or by-law adopted by two-thirds vote of the city council in a
city or by a two-thirds vote of a town meeting in a town, establish historic districts subject to the
following provisions:—Prior to the establishment of any historic district in a city or town an
investigation and report on the historical and architectural significance of the buildings,
structures or sites to be included in the proposed historic district or districts shall be made by an
historic district study committee or by an historic district commission, as provided in this section
and in section four, who shall transmit copies of the report to the planning board, if any, of the
city or town, and to the Massachusetts historical commission for their respective consideration
and recommendations. The buildings, structures or sites to be included in the proposed historic
district may consist of one or more parcels or lots of land, or one or more buildings or structures
on one or more parcels or lots of land. The Massachusetts historical commission may consult
with the director of economic development, the director of housing and community development
and the commissioner of environmental management with respect to such reports, and may make
guidelines for such reports, and, after public hearing, establish rules as to their form and manner
of transmission. Not less than sixty days after such transmittal the study committee shall hold a
public hearing on the report after due notice given at least fourteen days prior to the date thereof,
which shall include a written notice mailed postage prepaid, to the owners as they appear on the
most recent real estate tax list of the board of assessors of all properties to be included in such
district or districts. The committee shall submit a final report with its recommendations, a map of
the proposed district or districts and a draft of a proposed ordinance or by-law, to the city council
or town meeting.
An historic district may be enlarged or reduced or an additional historic district in a city or town
created in the manner provided for creation of the initial district, except that(a) in the case of the
enlargement or reduction of an existing historic district the investigation, report and hearing shall
Draft 10/23/17
be by the historic district commission having jurisdiction over such historic district instead of by
a study committee; (b) in the case of creation of an additional historic district the investigation,
report and hearing shall be by the historic district commission of the city or town, or by the
historic district commissions acting jointly if there be more than one, instead of by a study
committee unless the commission or commissions recommend otherwise; and(c) if the district is
to be reduced written notice as above provided of the commission's hearing on the proposal shall
be given to said owners of each property in the district.
Any ordinance or by-law creating an historic district may, from time to time, be amended in any
manner not inconsistent with the provisions of this chapter by a two-thirds vote of the city
council in a city or by a two-thirds vote of a town meeting in a town,provided that the substance
of such amendment has first been submitted to the historic district commission having
jurisdiction over such district for its recommendation and its recommendation has been received
or sixty days have elapsed without such recommendation.
No ordinance or by-law creating an historic district, or changing the boundaries of an historic
district, shall become effective until a map or maps setting forth the boundaries of the historic
district, or the change in the boundaries thereof, has been filed with the city clerk or town clerk
and has been recorded in the registry of deeds for the county or district in which the city or town
is located, and the provisions of section thirteen A of chapter thirty-six shall not apply.
Section 4. Study committees; commissions; establishment; membership; terms; vacancies;
compensation; officers
An historic district study committee may be established in any city or town by vote of the city
council or board of selectmen for the purpose of making an investigation of the desirability of
establishing an historic district or districts therein. The study committee shall consist of not less
than three nor more than seven members appointed in a city by the mayor, subject to
confirmation by the city council, or in a town by the board of selectmen, including one member
from two nominees submitted by the local historical society or, in the absence thereof, by the
Society for the Preservation of New England Antiquities, one member from two nominees
submitted by the chapter of the American Institute of Architects covering the area, and one
member from two nominees of the board of realtors, if any, covering the area. If within thirty
days after submission of a written request for nominees to any of the organizations herein named
no such nominations have been made the appointing body may proceed to appoint the study
committee without nominations by such organization.
Whenever an historic district is established as provided in section three an historic district
commission shall be established which shall consist of not less than three nor more than seven
members. An historic district commission shall be appointed in a city by the mayor, subject to
confirmation by the city council, or in a town by the board of selectmen, in the same manner as
an historic district study committee unless (a)the report recommending its establishment
recommends alternate or additional organizations to submit nominees for membership and states
reasons why such alternate or additional organizations would be appropriate or more appropriate
Draft 10/23/17
for the particular city or town, the Massachusetts historical commission does not recommend
otherwise prior to the public hearing on the establishment of the district, and the ordinance or by-
law so provides; or(b)there is an existing historic district commission in the city or town which
the report recommends should administer the new district, and the ordinance or by-law so
provides. Unless the report recommends otherwise on account of the small number of residents
or individual property owners, and the ordinance or by-law so provides, the members of the
historic district commission shall include one or more residents of or owners of property in an
historic district to be administered by the commission. If within thirty days after submission of a
written request for nominees to an organization entitled to submit nominations for membership
on the commission no such nominations have been made the appointing body may proceed to
make the appointment to the commission without nomination by such organization. The
appointments to membership in the commission shall be so arranged that the term of at least one
member will expire each year, and their successors shall be appointed in the same manner as the
original appointment for terms of three years. Vacancies shall be filled in the same manner as the
original appointment for the unexpired term. Ordinances or by-laws adopted hereunder may
provide for the appointment of alternate members not exceeding in number the principal
members who need not be from nominees of organizations entitled to nominate members. In case
of the absence, inability to act or unwillingness to act because of self-interest on the part of a
member of the commission, his place shall be taken by an alternate member designated by the
chairman. Each member and alternate shall continue in office after the expiration of his term
until his successor is duly appointed and qualified. All members shall serve without
compensation. The commission shall elect annually a chairman and vice-chairman from its own
number and a secretary from within or without its number.
Section 5. Definitions
As used in this chapter the word "altered" includes the words "rebuilt", "reconstructed",
"restored", "removed" and "demolished" and the phrase "changed in exterior color"; the word
"building"means a combination of materials forming a shelter for persons, animals or property;
the word"commission" means the commission acting as the historic district commission; the
word "constructed" includes the words "built", "erected", "installed", "enlarged", and "moved'
the words "exterior architectural feature" means such portion of the exterior of a building or
structure as is open to view from a public street,public way,public park or public body of water,
including but not limited to the architectural style and general arrangement and setting thereof,
the kind, color and texture of exterior building materials, the color of paint or other materials
applied to exterior surfaces and the type and style of windows, doors, lights, signs and other
appurtenant exterior fixtures; the words "person aggrieved" mean the applicant, an owner of
adjoining property, an owner of property within the same historic district as property within one
hundred feet of said property lines and any charitable corporation in which one of its purposes is
the preservation of historic structures or districts; and the word "structure" means a combination
of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.
Section 6. Certificates of appropriateness, non-applicability or hardship; necessity;
applications and plans, etc.; building and demolition permits restricted
Draft 10/23/17
Except as the ordinance or by-law may otherwise provide in accordance with section eight or
said section eight or nine, no building or structure within an historic district shall be constructed
or altered in any way that affects exterior architectural features unless the commission shall first
have issued a certificate of appropriateness, a certificate of non-applicability or a certificate of
hardship with respect to such construction or alteration.
Any person who desires to obtain a certificate from the commission shall file with the
commission an application for a certificate of appropriateness, a certificate of non-applicability
or a certificate of hardship, as the case may be, in such form as the commission may reasonably
determine, together with such plans, elevations, specifications, material and other information,
including in the case of demolition or removal a statement of the proposed condition and
appearance of the property thereafter, as may be reasonably deemed necessary by the
commission to enable it to make a determination on the application.
No building permit for construction of a building or structure or for alteration of an exterior
architectural feature within an historic district and no demolition permit for demolition or
removal of a building or structure within an historic district shall be issued by a city or town or
any department thereof until the certificate required by this section has been issued by the
commission.
Section 7. Factors to be considered by commission
In passing upon matters before it the commission shall consider, among other things, the historic
and architectural value and significance of the site, building or structure, the general design,
arrangement, texture, material and color of the features involved, and the relation of such
features to similar features of buildings and structures in the surrounding area. In the case of new
construction or additions to existing buildings or structures the commission shall consider the
appropriateness of the size and shape of the building or structure both in relation to the land area
upon which the building or structure is situated and to buildings and structures in the vicinity,
and the commission may in appropriate cases impose dimensional and set-back requirements in
addition to those required by applicable ordinance or by-law. When ruling on applications for
certificates of appropriateness for solar energy systems, as defined in section one A of chapter
forty A, the commission shall also consider the policy of the commonwealth to encourage the use
of solar energy systems and to protect solar access. The commission shall not consider interior
arrangements or architectural features not subject to public view.
The commission shall not make any recommendation or requirement except for the purpose of
preventing developments incongruous to the historic aspects or the architectural characteristics
of the surroundings and of the historic district.
Section 8. Review authority of commission over certain categories of buildings, structures
or exterior architectural features limited; authorization
(a) Any city or town may provide in the ordinance or by-law establishing a district or in any
amendment thereof that the authority of the commission shall not extend to the review of one or
more of the following categories of buildings or structures or exterior architectural features in the
Draft 10/23/17
historic district, and, in this event, the buildings or structures or exterior architectural features so
excluded may be constructed or altered within the historic district without review by the
commission:
(1) Temporary structures or signs, subject, however, to such conditions as to duration of
use, location, lighting, removal and similar matters as the commission may reasonably
specify.
(2) Terraces, walks, driveways, sidewalks and similar structures, or any one or more of
them,provided that any such structure is substantially at grade level.
(3) Walls and fences, or either of them.
(4) Storm doors and windows, screens, window air conditioners, lighting fixtures,
antennae and similar appurtenances, or any one or more of them.
(5) The color of paint.
(6) The color of materials used on roofs.
(7) Signs of not more than one square foot in area in connection with use of a residence
for a customary home occupation or for professional purposes, provided only one such
sign is displayed in connection with each residence and if illuminated is illuminated only
indirectly; and one sign in connection with the nonresidential use of each building or
structure which is not more than twelve square feet in area, consist of letters painted on
wood without symbol or trademark and if illuminated is illuminated only indirectly; or
either of them.
(8) The reconstruction, substantially similar in exterior design, of a building, structure or
exterior architectural feature damaged or destroyed by fire, storm or other disaster,
provided such reconstruction is begun within one year thereafter and carried forward with
due diligence.
(b) A commission may determine from time to time after public hearing that certain categories of
exterior architectural features, colors, structures or signs, including, without limitation, any of
those enumerated under paragraph (a), if the provisions of the ordinance or by-law do not limit
the authority of the commission with respect thereto, may be constructed or altered without
review by the commission without causing substantial derogation from the intent and purposes of
this chapter.
(c) A city or town may provide in its ordinance or by-law, or in any amendment thereof, that the
authority of the commission shall be limited to exterior architectural features within a district
which are subject to view from one or more designated public streets,public ways,public parks
or public bodies of water, although other portions of buildings or structures within the district
may be otherwise subject to public view, and, in the absence of such provision of the ordinance
or by-law, a commission may determine from time to time after public hearing that the authority
Draft 10/23/17
of the commission may be so limited without substantial derogation from the intent and purposes
of this chapter.
(d)Upon request the commission shall issue a certificate of nonapplicability with respect to
construction or alteration in any category then not subject to review by the commission in
accordance with the provisions of paragraph(a), (b) or(c).
Section 9. Maintenance, repair or replacement.
Nothing in this chapter shall be construed to prevent the ordinary maintenance, repair or
replacement of any exterior architectural feature within an historic district which does not
involve a change in design, material, color or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements
certified by a duly authorized public officer to be necessary for public safety because of an
unsafe or dangerous condition, nor construed to prevent any construction or alteration under a
permit duly issued prior to the effective date of the applicable historic district ordinance or by-
law.
Section 10. Additional powers, functions and duties of commission
The commission shall have the following additional powers, functions and duties:—(a) If the
commission determines that the construction or alteration for which an application for a
certificate of appropriateness has been filed will be appropriate for or compatible with the
preservation or protection of the historic district, the commission shall cause a certificate of
appropriateness to be issued to the applicant. In the case of a disapproval of an application for a
certificate of appropriateness the commission shall place upon its records the reasons for such
determination and shall forthwith cause a notice of its determination, accompanied by a copy of
the reasons therefor as set forth in the records of the commission, to be issued to the applicant,
and the commission may make recommendations to the applicant with respect to appropriateness
of design, arrangement, texture, material and similar features. Prior to the issuance of any
disapproval the commission may notify the applicant of its proposed action accompanied by
recommendations of changes in the applicant's proposal which, if made, would make the
application acceptable to the commission. If within fourteen days of the receipt of such a notice
the applicant files a written modification of his application in conformity with the recommended
changes of the commission, the commission shall cause a certificate of appropriateness to be
issued to the applicant.
(b) In the case of a determination by the commission that an application for a certificate of
appropriateness or for a certificate of nonapplicability does not involve any exterior architectural
feature, or involves an exterior architectural feature which is not then subject to review by the
commission in accordance with the provisions of section eight, the commission shall cause a
certificate of nonapplicability to be issued to the applicant.
(c) If the construction or alteration for which an application for a certificate of appropriateness
has been filed shall be determined to be inappropriate, or in the event of an application for a
certificate of hardship, the commission shall determine whether, owing to conditions especially
Draft 10/23/17
affecting the building or structure involved, but not affecting the historic district generally,
failure to approve an application will involve a substantial hardship, financial or otherwise, to the
applicant and whether such application may be approved without substantial detriment to the
public welfare and without substantial derogation from the intent and purposes of this chapter. If
the commission determines that owing to such conditions failure to approve an application will
involve substantial hardship to the applicant and approval thereof may be made without such
substantial detriment or derogation, or in the event of failure to make a determination on an
application within the time specified in section eleven, the commission shall cause a certificate
of hardship to be issued to the applicant.
(d) Each certificate issued by the commission shall be dated and signed by its chairman, vice-
chairman, secretary or such other person designated by the commission to sign such certificates
on its behalf.
(e) The commission shall keep a permanent record of its resolutions, transactions, and
determinations and of the vote of each member participating therein, and may adopt and amend
such rules and regulations not inconsistent with the provisions of this act and prescribe such
forms as it shall deem desirable and necessary for the regulation of its affairs and the conduct of
its business. The commission shall file a copy of any such rules and regulations with the city or
town clerk.
(f) The commission shall file with the city or town clerk and with any department of the city or
town having authority to issue building permits a copy or notice of all certificates and
determinations of disapproval issued by it.
(g) A commission may after public hearing set forth in such manner as it may determine the
various designs of certain appurtenances, such as light fixtures, which will meet the requirements
of an historic district and a roster of certain colors of paint and roofing materials which will meet
the requirements of an historic district, but no such determination shall limit the right of an
applicant to present other designs or colors to the commission for its approval.
(h) The commission may, subject to appropriation, employ clerical and technical assistants or
consultants and incur other expenses appropriate to the carrying on of its work, and may accept
money gifts and expend the same for such purposes. The commission may administer on behalf
of the city or town any properties or easements, restrictions or other interests in real property
which the city or town may have or may accept as gifts or otherwise and which the city or town
may designate the commission as the administrator thereof.
(i) The commission shall have, in addition to the powers, authority and duties granted to it by
this act, such other powers, authority and duties as may be delegated or assigned to it from time
to time by vote of the city council or town meeting.
Section 11. Approval or disapproval of exterior architectural features by commission;
meetings; applications for certificates; public hearings; notices
Draft 10/23/17
Meetings of a commission shall be held at the call of the chairman and shall be called at the
request of two members of the commission and in such other manner as the commission shall
determine in its rules. A majority of the members of a commission shall constitute a quorum. The
concurring vote of a majority of the members of the commission shall be necessary to issue a
certificate of appropriateness, a certificate of non-applicability or a certificate of hardship.
A commission shall determine promptly, and in all events within fourteen days after the filing of
an application for a certificate of appropriateness, a certificate of non-applicability or a certificate
of hardship, as the case may be, whether the application involves any exterior architectural
features which are subject to approval by the commission. If a commission determines that such
application involves any such features which are subject to approval by the commission the
commission shall hold a public hearing on such application unless such hearing is dispensed with
as hereinafter provided.
The commission shall fix a reasonable time for the hearing on any application and shall give
public notice of the time, place and purposes thereof at least fourteen days before said hearing in
such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the
applicant, to the owners of all adjoining property and other property deemed by the commission
to be materially affected thereby as they appear on the most recent real estate tax list of the board
of assessors, to the planning board of the city or town, to any person filing written request for
notice of hearings, such request to be renewed yearly in December, and to such other persons as
the commission shall deem entitled to notice.
As soon as convenient after such public hearing but in any event within sixty days after the filing
of the application, or such lesser period as the ordinance or by-law may provide, or within such
further time as the applicant may allow in writing, the commission shall make a determination on
the application. If the commission shall fail to make a determination within such period of time
the commission shall thereupon issue a certificate of hardship.
A public hearing on an application need not be held if such hearing is waived in writing by all
persons entitled to notice thereof. In addition, a public hearing on an application may be waived
by the commission if the commission determines that the exterior architectural feature involved
or its category or color, as the case may be, is so insubstantial in its effect on the historic district
that it may be reviewed by the commission without public hearing on the application,provided,
however, that if the commission dispenses with a public hearing on an application notice of the
application shall be given to the owners of all adjoining property and other property deemed by
the commission to be materially affected thereby as above provided and ten days shall elapse
after the mailing of such notice before the commission may act upon such application.
Section 12. Review procedure provided by local ordinance or by-law
A city or town may provide in its ordinance or by-law or in any amendment thereof, for a review
procedure whereby any person aggrieved by a determination of the commission may, within
twenty days after the filing of the notice of such determination with the city or town clerk, file a
written request with the commission for a review by a person or persons of competence and
experience in such matters, designated by the regional planning agency of which the city or town
Draft 10/23/17
is a member. If the city or town is not a member of a regional planning agency, the department of
community affairs shall select the appropriate regional planning agency.
The finding of the person or persons making such review shall be filed with the city or town
clerk within forty-five days after the request, and shall be binding on the applicant and the
commission, unless a further appeal is sought in the superior court as provided in section twelve
A.
Section 12A. Appeal to superior court
Any person aggrieved by a determination of the commission, or by the finding of a person or
persons making a review, if the provisions of section twelve are included in a local ordinance or
by-law, may, within twenty days after the filing of the notice of such determination or such
finding with the city or town clerk, appeal to the superior court sitting in equity for the county in
which the city or town is situated. The court shall hear all pertinent evidence and shall annul the
determination of the commission if it finds the decision of the commission to be unsupported by
the evidence or to exceed the authority of the commission, or may remand the case for further
action by the commission or make such other decree as justice and equity may require. The
remedy provided by this section shall be exclusive but the parties shall have all rights of appeal
and exception as in other equity cases. Costs shall not be allowed against the commission unless
it shall appear to the court that the commission acted with gross negligence, in bad faith or with
malice in the matter from which the appeal was taken. Costs shall not be allowed against the
party appealing from such determination of the commission unless it shall appear to the court
that such party acted in bad faith or with malice in making the appeal to the court.
Section 13. Jurisdiction of superior court; penalty
The superior court sitting in equity for the county in which the city or town is situated shall have
jurisdiction to enforce the provisions of this chapter and any ordinance or by-law enacted
hereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon
the petition of the mayor or of the board of selectmen or of the commission, restrain by
injunction violations thereof; and, without limitation, such court may order the removal of any
building, structure or exterior architectural feature constructed in violation thereof, or the
substantial restoration of any building, structure or exterior architectural feature altered or
demolished in violation thereof, and may issue such other orders for relief as may be equitable.
Whoever violates any of the provisions of this chapter shall be punished by a fine of not less than
ten dollars nor more than five hundred dollars. Each day during any portion of which a violation
continues to exist shall constitute a separate offense.
Section 14. Powers and duties of commissions established as historical commissions
If the city council or town meeting so votes a commission established hereunder shall have the
powers and duties of an historical commission as provided in section eight D of chapter forty
and, in this event, a commission may be entitled an historical commission.
Draft 10/23/17
Section 15. Filing of ordinances, maps, reports, etc.
All ordinance or by-laws creating an historic district adopted by a city or town under authority of
this chapter and under authority of any special law, unless the special law shall otherwise
provide, amendments thereto, maps of historic districts created thereunder, and annual reports
and other publications of commissions, and rosters of membership therein, shall be filed with the
Massachusetts historical commission.
Section 16. Special historic districts; acceptance and effect of this chapter
A city or town in which there is located an historic district established under a special law may,
upon recommendation of the historic district commission having jurisdiction over such district,
accept the provisions of this chapter with respect to such district by a two-thirds vote of the city
council in a city or by two-thirds vote of a town meeting in a town, and thereafter such historic
district shall be subject to the provisions of this chapter notwithstanding the terms of any special
act pursuant to which such historic district was created. The provisions of this chapter shall not
impair the validity of an historic district established under any special act.
Section 17. Severability
The provisions of this chapter shall be deemed to be severable. If any of its provisions shall be
held to be invalid or unconstitutional by any court of competent jurisdiction the remaining
provisions shall continue in full force and effect.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Proposed RCN Contract Amendment (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.8
SUMMARY:
In 2016, RCN relocated their hub to 956 Massachusetts Avenue, Arlington. The existing current cable license
between RCN and the Town of Lexington refers to the hub site being located in Lexington.
RCN asks the Board to approve their request for an amendment to the existing Cable License between RCN
and the Town of Lexington which would delete the references to the hub site being located in Lexington
in Section 1.1 (28) and Exhibit 2.
The Communications Advisory Committee has reviewed this request and is in favor of the proposed
amendment.
Upon approving the request, a notice shall be published in the newspaper with a summary of the proposed
amendment. After a 21 day public period of review, the Board will then take into consideration the approval of
proposed amendment.
SUGGESTED MOTION:
Move to approve the request for consideration of proposed amendment from RCN as outlined and to publish
summary in the local newspaper.
FOLLOW-UP:
Selectmen's office.
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 8:25 p.m.
ATTACHMENTS:
Description Type
D RC'N Rackup Matorinl
D Soction,II.11(28)hi,oy�sthig RC'N Cbntract Rackup Matorinl
D 1,AiRbit 2 in,oyasthig RC'N Cbntract Rackup Matorinl
P'�RCN. 956 MassadlUsetts Avenue I Arlington, MA 02476 I rcn.corn
RECEIVED
OCT I 1 2017
SELECTMEN
October 4, 2017 Im
Suzanne E. Barry, Chairman
Board of Selectmen
Town Office Building
1625 Massachusetts Avenue
Lexington, MA 02420
Dear Ms. Barry:
Pursuant to the Massachusetts Department of Telecommunications and Cable regulations 207
CMR 3.07 1 am writing to request that the Board of Selectmen, as Issuing Authority for the cable
license to RCN, amend the license as described in the following and detailed in the enclosed
form of amendment draft. RCN's lease of space for a hub site in Lexington at 173 Bedford Street
expired in October of 2016. RCN was not given an option to extend its lease. Prior to the
tennination of the lease RCN relocated the hub down the road to 956 Massachusetts Avenue,
Arlington, MA. From a point across from the Lexington DPW building RCN has run 864 fibers
into the Arlington hub to uniquely serve the Lexington system. Customers have seen no change
in service as a result of the relocation. The Institutional Network provided by RCN to the Town
has continued to function as before the relocation. RCN has born considerable expense in
making the move but expects to gain cost efficiencies over time that will inure to the benefit of
Lexington subscribers.
The existing cable license between RCN and the Town refers to a hub site located in Lexington
at two points. To avoid any confusion RCN requests that Section 1.1 and Exhibit 2 be amended
to delete references to a hub site located in Lexington. The matter has been discussed with the
Communications Advisory Committee and the Committee supports this request.
Should the Board approve the request the next step is to publish notice in a local newspaper with
a concise summary of the amendment. RCN will cover the cost of such a notice upon receipt of
an invoice from the Board. After a 21 day public period of review the Board may issue a written
report and hopefully approve the amendment.
Please do not hesitate to contact me with any questions or if I may be of further assistance in this
matter.
Thank you for your consideration.
Very truly yours,
<
Thomas K. Steel, Jr.
Vice President and Regulatory Counsel
CC: Communications Advisory Committee
RCN CABLE LICENSE AMENDMENT RE: HUB RELOCATION
Section 1.1 Definitions
This Section is amended by striking the words "located within the Town of
Lexington" in definition numbered (28) defining Hub or Hub Site.
Exhibit 2
This Exhibit is amended by striking the words "in Lexington" from the second
sentence of the first paragraph.
Explanation/Summary of RCN Lexington License Amendment
RCN's lease for space for a hub site in Lexington at 173 Bedford Street expired in
October of 2016. RCN was not given an option to extend its lease. Prior to the
termination of the lease RCN relocated the hub to 956 Massachusetts Avenue,
Arlington, MA. From a point across from the Lexington DPW building RCN has
run 864 fibers into the Arlington hub to uniquely serve the Lexington system.
Customers have seen no change in service as a result of the relocation. The
Institutional Network provided by RCN to the Town has continued to -function as
before the relocation. RCN has born considerable expense in making the move but
expects to gain cost efficiencies over time that will inure to the benefit of
Lexington subscribers. The existing cable license between RCN and the Town
refers to a hub site in the Town at two points. To avoid any confusion Section 1.1
and Exhibit 2 are being amended to delete references to a hub site located in
Lexington.
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22,2009
(28) Hub or Hub Site: A sub-Headend, located within the Town of Lexington, used either
for the purpose of (i) Signal processing or switching, or (ii) placement of a fiber node,
microwave link or transportation super trunk.
(29) Institutional Network ("I-Net"): The dedicated fiber-optic network for the use of the
Issuing Authority,its designees and Town departments.
(30)Internet: The world-wide system of interconnected computer networks.
(31) Issuing Authority: The Board of Selectmen of the Town of Lexington,
Massachusetts.
(32) Leased Channel or Leased Access: A video channel that the Licensee shall make
available pursuant to Section 612 of the Cable Act.
(33) License Fee or Franchise Fee: The payments to be made by the Licensee to the Town
of Lexington, which shall have the meaning as set forth in Section 622(g) of the Cable Act
and M.G. L. Chapter 166A.
(34) Licensee: RCN-BecoCom, Inc. or any successor or transferee in accordance with the
terms and conditions in this Renewal License.
(35) Normal Business Hours: Those hours during which most similar businesses in the
community are open to serve customers. In all cases, Normal Business Hours must include
some evening hours at least one(1)night per week and/or some weekend hours.
(36) Origination Capability An activated cable and connection to an Upstream Channel,
allowing a User(s)to transmit a Signal(s)upstream to a designated location.
(37) Outlet: An interior receptacle that connects Subscriber or User equipment to the Cable
System or the I-Net.
(38) Pay Cable or Premium Services: Programming delivered for a fee or charge to
Subscribers on a per-chantiel basis.
(39) Pay-Per-View: Programming delivered for a fee or charge to Subscribers on a
per-program or per-event basis.
(40) Pedestal: An environmental protection unit used in housing Cable Television System
isolation units and/or distribution amplifiers.
(41) PEG: The acronym for "public, educational and governmental," used in conjunction
with Access Channels, support and facilities.
(42) PEG Access Channels: Azy channel(s) made available for the presentation of PEG
Access Programming.
4
-Town of Lexington Cable Television Renewal License Granted to RCN-BecoCom, Inc.-
June 22, 2009
EXHIBIT 2
GENERAL DESCRIPTION OF THE LEXINGTON
INSTITUTIONAL NETWORK
RCN-BecoCom, Inc. ("RCN")provides the fiber optic cable strands that establish the
institutional network("I-NET") for the Town of Lexington(the "Town"). Two single
mode fiber optic strands connect each building specified by the Town to the RCN hub in
Lexington using a star network topology. One fiber is used for upstream transmission
from the I-NET location to the hub. The second fiber is used for downstream
transmission. This second fiber can be optically split, and therefore shared, with other
locations on the I-NET. The fibers are used exclusively for the I-NET.
In normal use, the I-Net operates as a Gigabit Ethernet system,with both fibers at a
location attached to the local Ethernet in that building. A complete Ethernet connection
between two buildings is provided by the main switch currently located at the RCN Hub.
Ethernet packets sent from one I-Net location travel over the local Ethernet carrying
addressing information allowing them to flow onto the upstream I-Net strand at that
location, then to the main switch,where the address portion determines the I-Net location
for which the packets are bound. A temporary connection is made through the switch
from the incoming upstream fiber to the outgoing downstream fiber, and the packets are
thus sent to the destination I-Net location and onto its local Ethernet. Internet access is
also provided at the main switch location: The switch makes a connection from one I-
Net location to the Internet access point instead of to a destination I-Net location.
For a pair of I-Net locations (or one I-Net location to the Internet) in frequent
communication, the switch connection can be maintained for a long time, or even
permanently. This saves time in connection setup,but does tie up scarce resources, i.e.,
the switch connections. Normally, the switch connection is broken down once the
communication is terminated.
During the term of this Renewal License, the main switch will, for improved security, be
relocated to the Town's new headend at the DPW Building. This will require extending
all upstream and downstream fibers from the RCN hub to the Town headend, allowing I-
Net switching to operate exactly as it does now.
E-5
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Application for Common Victualler License - Wicked Bagel (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.9
SUMMARY:
The Board is asked to consider a request for a Common Victualler License from Landmark New Group Inc.
d/b/a Wicked Bagel, 171 Massachusetts Avenue for the hours of Monday- Sunday 6:00 a.m. to 3:00 p.m. All
application requirements have been fulfilled by the applicant.
SUGGESTED MOTION:
Motion to approve a Common Victualler License for Wicked Bagel, 171 Massachusetts Avenue with the hours
as proposed.
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 8:30 p.m.
ATTACHMENTS:
Description Type
D Wicked lkag.oTM Cb mrsrv,Matvm<nllarrrs lia,svtia>nr. Rackup Matorrinl
D ZBA Q7k 6;ionr...Wicked Qktg.oa II 711 Mass Ave Rackup Matorrinl
00
TOWN OF LEXINGTON
SELECTMEN'S OFFICE
APPLICATION FOR
COMMON VICTUALLER LICENSE
The Board of`Selectmen issues C OIT1Cltol7 'victualler licenses to establishments that cools, prepare
and serve food at tables. Please fall in this form completely and return to the Selectmen's Office
along with a check f'c.)r$25.00 made payable to the Town of l,e<xin ;ton, the Workers' C'01Tapensation
Insurance Affidavit form, and the declaration page ofyour workers compensation insurance policy.
M
(:70Rl'0RA I I NAME-
ON-SITE' MANAGER NAM]- AND PHONE, NUMBER:
:
..... _.. _..........._ ... --
13l.JSINI SS A D D D RE'S�
r�
S: ... ion '
l MAIL Al)I7I7R SS:
l 101 I RS: Monday- Sunday 6:00 a.m. - 3:00 p.m.
111)DITI()NAI, INFORMATION:
At, ioa Z'e'd Signature Federal Identification No. or
___.................._.._......_____....................... __............ ___...._.
Social Security Number
SUbmit to Selectmen's 01:1ice:
I . Application
2. (Beck for $25.00 (.payable to 'Down of"1,exington)
3. Workers' Compensation Insurance Affidavit (inclUding copy of
Declaration page ol'policy)
Town of Lexington [I L1111111111till I
Town Clerk's Office
B k:69248 Pg: 106 Doc. DECIS
AP it Page: 1 of a 05/0612017 12.19 PM
Nathalie L. Rice, Town Clerk Tel: (781) 862-0500 x84558
®(781) 861-2754
Date: 5/5/2017
1 hereby certify that twenty days have elapsed since the decision of the Board of Appeals on
3/23/2017:
Jack Mahoney(Applicant) M&A Realty Trust,
Alex and Mary Kolokythas,Trustees (Owners)
165-201 Massachusetts Ave
Book 33393/Page 369
Special Permit(s) - Withdrawn without Prejudice
filed on 4/13/2017, in the Office of the Town Clerk. No appeal was filed in the Office oft e
Town Clerk within the 20-day period.
Attest:
C-�
at alie L. Rice
To Clerk
1625 MASSACHUSETTS AVENUE-LEXINGTON,MASSACHUSETTS 02420
TRUE COPY
CLERKTom TOWN OF LEXINGTON
�� DECISION
Subjectr y: 171 Massachusetts Avenue, Map 1 , Lot 377A
Applicants: Jack Mahoney and John Tavlarlos .
Owner: M & A Realty Trust, Alex and Mary Kolokythas,
Trustees
Hearingc , 2017
Pursuanto is in the Lexington Minuteman, a newspaper of general
circulation in the Town of Lexington, published on March7 and March
noticeand sent by mail, postage prepaid, to all partiesin interest s t to the
provisions f Massachusetts General Laws Chapter 40A, and notice posted as required
y said Chapter 40A, a public hearing was held on March , 2017, in the Town Office
Building the petition , filed 7, 2017, for a FIVE )
PERMITSSPECIAL in accordancei section . of the Zoning (Chapter
135 of the Code of Lexington) and the followingsections: .) , Table
Development Standards ), Line J.1. Iow a fast f use; .) Table 1, Line
®1.03 to allow a take-out o use duringors not otherwise allowed, .) 135-5.1.14 to
allow r i spaces instead of the required r i spaces; .) 135-5.2.4.1 and
135-5.2.10 to allow one internally illuminated ll sign; and 5.) 135-5210 to allow
sandwich boardsign.
The petitioner submitted l i information wit the application:
and Justification, Plot Plan, and Floor Plans. Also receiveds a letter of support r
Attorney Michael Bettencourt, , 2017 and a Quitclaim
Commercial lsagreement
Acting on the petitioni n Krieger, Edward D. McCarthy,
Wood,Martha C. Ralph D. Clifford, and Associaten
Staffr s nt: Jennifer ! r , Administrative Clerk, and DavidGeorge, i
Administrator
Prior to the meeting, the petitionsi i y the
Buildingissi , Conservation Administrator, Town Engineer, Board of
Selectmen, I ing Director, the Historic District CommissionClerk, Historical
Commission, Economic Development, and the ZoningAdministrator. is were
received r the Buildingo issi r, Health Director, i i is r t .
c petitioner submittedt fDr a Withdrawalwithout Prejudice for
( Special Permits in cc nce with section 1 the Zoningy® (Chapter
135 of the Code of Lexington) and the followingsections: 1.) 135-5.1.14 to allow
parking spacesinstead the requiredi spaces; .) . .
135-
5.2.10 to allowinternally i l i 135-5.2.10 to allow one
sandwich sign.
TRUECOPYATTEST
171 Massachusetts Avenue I ";a�,
(2)Special Permits Ton Cr[Pil% March 23, 2017
LEXINC 11):
On a motion by Ralph D. Clifford and seconded by Makha C. Wood, the Board
voted ® to grant the Request for Withdrawal without Prejudice for Three (3) Special
Permits in accordance with section 135-9.4 of the Zoning By-Law (Chapter 135 of the
Code of Lexington) and the following sections: 1.) 135-5.1.14 to allow 6 parking spaces
instead of the required 15 parking spaces; 2.) 135-5.2.4.1 and 135-5.2.10 to allow one
internally illuminated wall sign; and 3.) 135-5.2.10 to allow one sandwich board sign.
The petitioner is now requesting TWO (2) SPECIAL PERMITS in accordance
with section 135-9.4 oft Zoning By-Law(Chapter 135 oft Code of Lexington) and
the following sections: 1.) 135.3.1.1, Table 1 (Use and Development Standards Table),
Line J.1.02 to allow a fast food use; and 2.) Table 1, Line J.1.03 to allow a take-out food
use during hours not otherwise allowed.
The applicant, Mr. Jack Mahoney, presented the petition. He is proposing to
open a new bagel shop on Massachusetts Avenue. They decided to withdraw 3 of the
special permits and not have an internally illuminated wall sign or a sandwich board and
they did an additional parking evaluation, is showed their current parking to be
sufficient. There will be 20 seats in the restaurant. They will also install new bathrooms
that will be handicap accessible. They are proposing that they will be opening earlier
than allowed. The restaurant is also connected to the bike path and close to a
playground so at some point they will be requesting permission for more access.
A Board Member asked the applicant if the back entrance is raised (The
applicant responded that you have to go down stairs to get into the back).
A Board Member asked the applicant if they would maintain the parking lot in
terms of cleaning up trash (The applicant responded they would be sending employees
out throughout the day to is up trash and it's an interest of the owner to reduce
excess products in the area). The Board asked the applicant to clarify what other food
items they will be serving (bagel sandwiches, salads, fruit, smoothies and wraps).
I
The Board asked the applicant what time in the morning they will start baking
(the applicant responded they will get there at 3:00arn and will start baking at 4:30am).
The Board asked the Zoning Administrator, David George, what the town bylaw is for
business operations to begin baking (the bylaw regulates hours of operation is
starts at 7:00am). The Board asked the applicant when deliveries will be made (the
applicant responded 9— 10 am and the deliveries will be done through the rear door,
not through the front entrance. They will be widening the door in the back and putting it
on a hydronic tailgate). Mr. George stated that there is a bylaw to regulate the all
hours of delivery under the noise bylaw.
Page 2
COPY ATT✓ES
171 Massachusetts Avenue
(2)Special Permits are 23, 2017
There were no additional questions from the Board.
There were no comments from the audience.
Findjpgs
The Town of Lexington Zoning Board of Appeals (ZBA), having received the
Board of Appeals' Application for Hearing, viewed the site, conducted a public hearing,
and reviewed all the submitted evidence, finds that:
1. Jack Mahoney and John Tavlarios are the applicants' for M & A Realty Trust,
Alex and Mary Kolokythas, Trustees. M &A Realty Trust, Alex and Mary
Kolokythas, Trustees, are the owners of land located at 165-201 Massachusetts
Avenue in the Town of Lexington. Said land is more particularly described in a
deed recorded in the Middlesex South District Registry of Deeds Book No. 33393
and Page No. 36&
2. The land is situated in a zoning district classified under the Lexington Zoning By-
law (Bylaw), CH 135 oft Code of the Town of Lexington, as CRS (Retail
Shopping).
3. Presently located at the premises is a multi-tenant commercial building.
4. As shown on the plans submitted with or in information otherwise referenced in
the application, the applicant seeks to develop the space formerly used by a
bank as a fast-food and takeout food use.
5. The applicant applied tot Board for zoning relief under the applicable sections
of CH 135 of the Code oft Town of Lexington, Zoning Bylaw(Bylaw) in
accordance with:
1. § 135.3.4: Table 1 (Permitted Uses and Development Standards), Line
J.1.02 (to allow a fast-food use) in accordance with § 135-9.4; and
Table 1® Line J.1.03 (to allow a takeout food use during hours
not otherwise allowed—earlfort n 7 AM only) in accordance with § 135-
9.4.
..............."I'lI'llI'll'll""I'll""I'll",lI............... ................................................................. ....................................
The applicants seek to rent out a portion of the multi-tenant building—the space known as 171
Massachusetts Avenue.
Page 3
TRUE COPY I
171 Massachusetts
(2Special Permits TOWN CLERK arc 0 17
LEXINGTON
6. The Board finds that it can grant the special permit to allow a fast food'and take
duringout food use c s not otherwise allowed because the adversef
proposedthe i t outweigh its beneficial impacts the Town or the
neighborhoodi i the particular characteristics site, f the
proposalin relation to that site) having considered following information i
support of the § 135-9.4.2 criteria 6 Criteria iItalic, Finding in plain
°1® Specific factors set forth elsewherein this Bylaw for the proposedor
ctiit
This section is not applicable. fast-food is allowed by specialpermit and
operationthe take-out s y only, of 7 AM is also allowedspecial
permit.
® Social, economic, or community needs whichr the proposal,
These factors would not be adverselyaffected the proposal. t®f
takeout s provide another food optionin Town for residents
visitors xi t , there is onlyt full service bagel shop i
Town. The proposed food s culd be an alternative to large iona chain
uses.food
3. Traffic flow and safety, including par lea i
This factor wouldt be negativelyct is sufficient site parking t
support the food uses. The applicanti i analysis m a food
uses that demonstrates compliance wit t °s parking requirement.
Adequacy4. tilitl s and other public services
Utilities and public services ve s impacted. li®
commercial i contains suffici t utilities to servicethe proposeds
or the existing i iti s can be updated to serve the proposeduses.
5. Neighborhood character and social structur
The character I negatively ct the
proposal. The food uss are consistent i i o c ° The
neighborhoodconsists of several food uses. The site is located in a commercially
zoned district wis contains a mix of food, service, t it uses. The site i
Page
WEST
171 Massachusetts Avenue Tom CLEPY,
(2) Special Permits I T*1":
a, arc 23, 2 '7,g ..
located on a major access road into Town. The business is expecte6'io attract
early morning commuters, serve as a community meeting place, and attract
cyclists from the bikeat vide a food option to people of all
ages. The uses would be in operation duringt conflict r the
hoursf operation of other businessesin the plaza. The food uses would
complement the otherbusinesses in the plaza.
6. Impacts the natural environment.
The proposal would not have an adverse effect on the naturalenvironment. The
applicant willimplement a recyclingprotocol. The use willrequired i
compliance wit licable state sanitary, It i codes. The use
does not requireconservation commission v 1 .
7. Potential fiscal impact, including impact town services, tax base, and
employment.
The proposalv tiv impact on town services, tax base, or
employment. The change of use from bank to food uses wouldprovide tax
revenues to the town, haveminimal impact on townservices, and providecal
employment opportunities.
Decision
On a motion i c , the Board voted
5-0 to grantI , from Ch. 135 of the Code of the Town of
Lexington i in accordance it
(Permitted Uses and DevelopmentStandards), i .1. 2 t
allow t® c in accordanceit ; and
1 1, Line J.1.03 (to allow a takeout food use duringt
otherwise Iearlier than 7 AM only) in accordancei 1 m ® ,
above3. The isted zoning reliefI be grantedsubject to the followingi i s®
a. The proposal shall conform ti I the plans submitted with
application f r c " , Detail: Proposed FirstFloor,
Location: 171 Mass Ave., Lexington, Detail:
Proposedt, Location- 171 Mass Ave., both plans dated
Page
TFM Co"ATTEST
171 Massachusetts Avenue -)r�
(2)Special Permits TOWN CLERK March 23, 2017
LEXINGTOKe °
03/03/2017 and prepared for Landmark Newsgroup and Concessions,
I nc.;
store may not open earlier than
c. These special permits are for the building space referenced as 171
Massachusetts Avenue; and
d. The Special Permits will expire 3 years from the date the Decision is it
with the Town Clerk.
It is the responsibility of the applicant to renew the special permits. Special
permit renewal should occur 8 weeks before expiration of the permit.
The above listed zoning relief is for property located at 165-201 Massachusetts
Avenue,
Page 6
Town of Lexington Board of Appeals'
Decision
This constitutes the recordthe decisionthe Town of Lexingtoni ar s
acting a ss setts General Laws, Chapter 40A, relative to:
Address of Subject Property: m2 1 Massachusetts Avenue
Hearing Date; March 23, 2017 L
titi BsJack Mahoney
Ab ers s' ing r e r'
EdwardA
McCarthy4.h y CCliffordiWilliams
TRUE COPY ATTES II"
Martha C. Wood Jeanne K. Krieger, Chairwoman MWN CLERK
LEXINGTON,
Jennifer Gingras, Department Clerkof the Boardo Appeals, certify t copies f t decision
v n,f it t e' dkifi tca`.' _6h,,,Clerk:
�f
W(I
J ,bra', rriitr �ri� lei'
Regis of Cleeds flirlauntil
uiremen n ial- ' rmi�
is �ara� ef� ecaThi variance and or special
permit II of take t at r records, t hiss own expense, copy thereof
with the Registry of Creeds, South 'District Middlesex District pursu nt to Massachusetts General
Lars, Chapter 40 , Section 11
. w
Lapse of variance: Per VassachuSattS general La% Chapter 404, Section 10® If the rights
authorized by a variarrc are not a rci �d'W thin on:'e (1) year of tl�e date of grant of such
variance, the rights of such Variance shall lapse; provided, howeveh, that the permit granting
authority, in its discretioT and upon written application by the grantee of such rights, may extend
t time for exercisesuch rights f ri not o exceedsix ) months; o f e ,
further, that the application r such x e si is filed withsuch e it granting authorityprior to
the expirationof such e year rice .
Lapse of special er ita Per the Town of LexingtonZoning (Chapter 135 of the Code of
the Town of exi to ecti n 135-9.4.6 Special Permits shall lapse if a substantial s thereof
or construction there r has not begun, except for good cause, within twenty-four( 4)
months o to i the filing special r i approval (plus such time required to pursue or
await the determinationappeal referred to in Massachusetts General Law , section
1 , from the grant thereof). r i granting t ri y, in its discretion and upon written
application the grantee of such i ts, may extendthe time r exercise of such C ts.
Appeal.,.of_BoardisDecision: person aggrieved decision of the Boardo
Appeals may appeal to the land court department or the superior court department in whiche
land concerned is situated i iaction within t s after the decision has been
filed in the office of the town clerk, pursuant to Massachusetts General Laws, Chapter 4 ,
Section 7.
Updated f 162 1
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen- Committee Appointment/Reappointments (5 min.)
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
1.10
SUMMARY:
The Board is being asked to Appoint the following
Communications Advisory Committee
. Ramin Tariz
The Board is being asked to reappoint the following:
Tourism Committee
. Trisha Perez Kennealy
. Marsha Baker
Tree Committee
. James Wood
SUGGESTED MOTION:
Move to appoint Ramin Tariz to the Communications Advisory Committee for a term to expire September 30,
2020.
Move to reappoint Trisha Perez Kennealy to the Tourism Committee for a term to expire September 30, 2018.
Move to reappoint Marsha Baker to the Tourism Committee for a term to expire September 30, 2018
Move to reaapoint James Wood to the Tree Committee for a term to expire September 30, 2019
FOLLOW-UP:
Selectmen's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 8:35 p.m.
ATTACHMENTS:
Description Type
D ApC,Ecationr. CAC'..kL V snrraz Rackup Matorrinl
APPLICATION FOR APPOINTMENT OCT 6 2017
FOR BOARD/COMMITTEE MEMBERSHIP
C CAC) SELECTMEN
Board/Committee of Interest: 1. o-A 2.
3. 4.
Would you consider another Committee:
For how long should we keep your application on file? xe _
Full Name: : -r = Nickname:
ufy
Preferred Title(please circle) Mr./Ms.AT Ors./Other:
Home Address: zip: f
Length of Residence in Lexington:
Occupation;
Work Address:
Phone: Home York Fax
Cell
E-mail: Primary:
If you currently serve on a Board or Committee,please identify:.
Special Training, Interests,Qualifications: '
Have you been asked by a Committee to become a member?
How did you hear about the Committee? Y "ti
Please attach a current resume, if possible. Add any comments below or on a separate page.
Signature: Bate: 7
Ramin Taraz
OVERVIEW
As the Director of Engineering and Advanced R&D with fifteen years of experience, I have assembled and led
multiple teams of engineers in creating various successful products. My teams of up to 25 hardware and software
engineers, integrators, testers, and project managers have strived and delivered significant goals and contributed as
innovators for the company. I have researched cutting edge ideas & products, rapidly creating prototypes for early
assessment within new markets.
I offer a broad and diverse background (wireless and networking, OS internals, applications, security, distributed
processing, location tracking, web development, Java applications, etc.) and many years of experience, both small
and large companies, in all aspects of product development and integration of modem methodologies into existing
processes.
Setting high expectations, yet attainable goals with a culture of respect and collaboration are leadership beliefs that I
embrace and my teams have delivered superior results in both product development and team building as a result. I
strike a balance between time-to-market and technical deliverables to achieve business objectives. Having worked
with engineers and staff at various levels, I am able to lead, motivate,and deliver excellence for your company. I am
confident that my technical expertise, experience, and interpersonal skills will be an asset and assist your organization
in developing future product and teams.
TECHNICAL KNOWLEDGE
• Management: Various product development methodologies, business case and ROI analysis, requirement
capture, customer management, project scope analysis, estimation, budgeting and management.
• Computing: Wi-Fi, Mesh networking, scalable algorithms, Cellular, Firewall, Routing.
• Technologies: Microsoft Windows Development, embedded & real time systems,UI design, web
technologies, Linux development, Section 508 of the Rehabilitation Act.
• Awarded Patents:
8,104,081 IP security with seamless roaming and load balancing
7,571,343 Handling sequence numbers and/or an anti-replay window after failover between servers
7,043,629 Method and apparatus for maintaining user-defined state information during a reboot
event
PROFESSIONAL EXPE'RIEN''CE
Fortress Technologies (Acquired by General Dynamics in 2011)
DPME 2013-Current
Delivery of secure wireless mesh products and development of third generation hardware platform.
Responsibilities:
• Full responsibility for all of Fortress hardware and software products.
• Integration of Fortress into General Dynamics.
• Working closely with product management to:
• Investigate new markets and scope new features.
• Provide pre/post sale customer support.
Director of Software Development 2009-2013
Responsible for Advanced R&D within Fortress Technologies; led the team to deliver wireless mesh
networking, mesh visualization, and smart grid/metering.
Areas of R&D:
• Routing and best path analysis algorithms.
• Mesh simulation and emulation. Visualization of network: locations, connections, link quality.
• Increasing the scale of algorithms and processes.
• Smart metering/loT/grid products.
• Enhancements to Wi-Fi implementation and mesh networking.
• WiMAX and LTE Software Defined Radios.
• System on Chip dual-layer encryption module for NSA accreditation.
Responsibilities:
• Director of all Advanced R&D projects.
• Used continuous deployment methodologies including automated feature and regression testing. Improved
development process by finding process gaps, implementing automated source checkers, and mandating
nightly testing with the goal of improving quality and release predictability.
• Responsible for driving features from requirements to production. Directly involved with customers and
product management team to develop features and functionality.
• Defined and delivered multiple hardware platforms and software releases.
• Produced project scope, budget estimation, and delivery schedules.
• Negotiated and managed outsourcing efforts and product licensing with vendors and partners.
• Managed and planned feature compatibility across multiple products lines.
• Worked with global partners to design and deliver products and modules. Managed the relationship for a
worldwide large scale (lMillion+ unit) smart metering product line.
• Hired top-notch talented engineers and managing them through clear communication, performance
reviews.
Nortel Networks
Software Development Manager 2001-2009
Responsible for Contivity's Server/Client& NAC Client with $50-$60 Million dollars in annual sales.
Responsibilities:
• Program Management: Managed schedules, tracked budgets, and planned resources.
• Lead for multiple releases of award winning Microsoft Windows VPN client in the market.
• Led multiple releases of Nortel's Java based NAC client(Windows, Linux, Mac).
• Led and developed VPN and security features for VxWorks based Contivity Server.
• Worked with PLM to define product roadmap for VPN, remote access, and end point security.
• Built relationships with customers to get feedback, solve problems,and increase customer satisfaction.
• Interaction with senior architects and CTO office to ensure companywide technology awareness, product
compatibility, code reuse, and product road maps.
• Managed vulnerabilities by working with CERT and external security experts. Started a program to perform
internal testing to reduce reported cases.
• Developed training material for all new features to prepare sales team and support channels.
Software Engineer& Project Lead 1998-2001
• Started as an individual contributor for the next generation of portable routing software for Bay Networks.
• Led the GGSN (GPRS wireless) project team and released two consecutive releases on time.
Microcom
Software Project Lead 1995-1998
• Delivered board support packages for multiple hardware platforms.
• Ported the uC operating system to PowerPC.
Motorola (Codex)
Software Engineer 1993-1995
EDUCATION
MBA(Business Analytics) Babson College—2017
MS/CS Boston University—2000
BS/CS Worcester Polytechnic Institute— 1993
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proclamation- Employee Recognition Day
PRESENTER: ITEM
NUMBER:
Suzanne Barry, Chair
C.1
SUMMARY:
The Board of Selectmen are asked to sign the proclamation for Employee Recognition Day, which is on
Wednesday, November 8, 2017 from 2:30 p.m. until 3:30 p.m. in the Cary Memorial Building.
SUGGESTED MOTION:
Move to sign the proclamation for Employee Recognition Day to honor all Town Employees and to recognize
those employees with 5, 10, 15, 20, 25 years of service.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017
ATTACHMENTS:
Description Type
D Pirockannttionr Phpbyoo Rana>g..TMn itionr Day Raclknrgn Mittorinl
`OVS MOPN
1775 �G
a N z v
d � b
Eown of lexingtDU, 'Affla'q5aCbU5ett5
2
v APRIL 1r
�FX7 NCi'YON
OFFICE OF SELECTMEN
Jvrocfamatf'00" n
WHEREAS: The Board of Selectmen, in appreciation of the faithful and competent
service of its employees,
WHEREAS: The Town of Lexington is fortunate in having a capable and dedicated
staff that serves its citizens with distinction. The Board is taking this
opportunity to make a special note of appreciation for the efforts of the
employees who help make Lexington the community it is.
NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of Lexington,
Massachusetts, do hereby proclaim Wednesday, November 8, 2017 as
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be
affixed herewith on the 30th of October, 2017
Suzanne E. Barry Peter C.J.Kelley
Joseph N.Pato Michelle L. Ciccolo
Douglas M.Lucerne
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Water & Sewer Commitments
PRESENTER: ITEM
NUMBER:
David J Pinsonneault
C.2
SUMMARY:
Water& Sewer Commitments Aug 2017 Final Water Bills $ 18,117.94
Water& Sewer Commitments Sept 2017 Final Water Bills $ 11,300.74
Water& Sewer Commitments Sept 2017 Cycle 9 Billing $ 290,163.92
SUGGESTED MOTION:
Motion to approve the Water& Sewer Commitments noted above.
FOLLOW-UP:
Treasurer/ Collector
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017
ATTACHMENTS:
Description Type
D Water&Sowora,r,nmafi)rl10-30-117BOSMgTM CbvorMomm)
S Department of Public Works
5°r77 w, Town of Lexington
Water and Sewer Enterprise Funds
FISCAL YEAR 2018
AMItIr AUGUST 2017" Final Water Bills
IN
GRANDFINALS TOTALS
WATER $12,402.32 $12,402.32
SEWER $5,715.62 $5,715.62
TOTAL: $18,117.94 $18,117.94
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
Eighteen thousand" one hundredseventeen doffacrs and 4ljoo
And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by law in regard thereto.
DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 10/30/2017
Treasurer/Collector, Director of Public Works, Water/Sewer Billing
Department of Public Works
Ins 'own of Lexington
Water and Sewer Enterprise Funds
FISCAL YEAR 2018
"PNh" SEPT'EMBER 2017 Final Water Bills
ac M
WATER $6,637.36 $6,637.36
SEWER $4,663.38 $4,663.38
TOTAL: $11,300.74 $11,300.74
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named
in the list of water/'sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
Aeven tho sani three hlxndreddoCCars and741 oo
And pay the same into the treasury of the Town of Lexington
and' to exercise the powers conferred by law in regard thereto.
DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 1 D/30/2017
Treasurer/Col lector, Director of Public Works,Water Sewer Billing
Department of Public Works
` 177S Town of Lexington
x Water and Sewer Enterprise Funds
FISCAL YEAR 2018
APR"Ir September 2017 Cycle 9 Billings
N
GRANDCYCLE 9
WATER $282,841.46 $282,841.46
SEWER $2,141.20 $2,141.20
FEE FOR BEDFORD $5,181.26 $5,181.26
TOTAL: $290,163.92 $290,163.92
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons named
in the list of water/sewer charges herewith committed to you and each one of his/her
respective portion herein set down of the sum total of such list. Said sum being:
Two hundredninety thousancC one hu:ndredsixty-three dot-tars andgzlsoo
And pay the same into the treasury of the Town of Lexington
and to exercise the powers conferred by law in regard thereto.
DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 10/30/17
Treasurer/Collector, Director of Public Works, Water/Sewer Billing
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Exemption 3: Collective and Coalition Bargaining Update (30 min.)
PRESENTER: ITEM
Carl Valente, Town Manager; Anne NUMBER:
Graglia-Kostos, Human Resources
Director ES.1
SUMMARY:
Move to go into Executive Session to discuss strategy with respect to collective and coalition bargaining
and to reconvene in Open Session only to adjourn. Further, as Vice Chairman I declare that an open
meeting discussion may have a detrimental effect on the bargaining position of the Town.
Update the Board on collective and coalition bargaining matters.
SUGGESTED MOTION:
NA
FOLLOW-UP:
NA
DATE AND APPROXIMATE TIME ON AGENDA:
10/30/2017 8:45 p.m.
ATTACHMENTS:
Description Type