HomeMy WebLinkAbout2019-07-22 BOS Packet - Released SELECTMEN'S MEETING
Monday, July 22, 2019
Town Office Building, 1625 Massachusetts Avenue, 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. Update on Joint Meeting with Board of Selectmen and Planning Board 7:05 p.m.
2. Update on Voluntary Water Ban for Summer 2019 7:15 p.m.
3. Recycling Education Grant 7:25 p.m.
4. Update on LexHAB Farmview Project 7:45 p.m.
5. Approve and Sign Jefferson Drive at Liberty Ridge Regulatory Agreement 7:55 p.m.
6. Joint Meeting- Board of Selectmen and Housing Partnership Board 8:00 p.m.
• Overview of Local Initiative Program- Friendly 40B Housing Process
• Update on Proposed Friendly 40B Housing- 840 Emerson Gardens Road
7. Crematory Study Ad Hoc Committee Update 8:50 p.m.
8. Applications: Common Victualler License and Entertainment License - Kalaji 8:5 5 p.m.
Corporation d/b/a Spice Box, 321 Marrett Road
9. Approve Amendment to Board of Selectmen Alcohol Beverage License Regulation 9:00 p.m.
Applicable to Package Stores
10. Ac c ep t the Terms o f the Artis B enevo lent F and 9:05 p.m.
11. Conflict of Interest Determination:David Williams - Board of Appeals 9:10 P.M.
CONSENT AGENDA
1. Approve One-Day Liquor License
EXECUTIVE SESSION
1. Exemption 3: Collective Bargaining Up d ate: Fire Union
ADJOURN
1. Anticipated Adjournment 9:30 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,August 5,
2019 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625 Massachusetts
Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LeiTedia
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Joint Meeting with Board of Selectmen and Planning Board
PRESENTER: ITEM
NUMBER:
Doug Lucente, Chair
I.1
SUMMARY:
Doug Lucente will provide an overview of the July 15, 2019 Joint Meeting between the Board of Selectmen
and the Planning Board on the subject of the Planning Board; and the Planning Department. The Board of
Selectmen will discuss next steps.
SUGGESTED MOTION:
N/A
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 7:05 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Voluntary Water Ban for Summer 2019
PRESENTER: ITEM
NUMBER:
David Pinsonneault, Director of Public
Works I.2
SUMMARY:
In our effort to ensure that all water users in Lexington have sufficient water volumes, we are requesting all
outdoor water use(irrigation, power washing, car washing, etc.) in Lexington be restricted between the hours
of 5:30 am and 8:30 am from July 26thto October 4th 2019. Restricting outdoor water usage during this time
frame will allow more water to be available to all residential, commercial, and industrial users to meet their
indoor water usage demands with a limited impact on pressures throughout the Towns water system. We also
suggest that all water users in Lexington consider water conservation techniques both outdoors and indoors to
help preserve this resource.
SUGGESTED MOTION:
Move to implement a voluntary outdoor water use time restriction from 5:30 a.m. to 8:30 a.m. beginning July
26th and continuing through October 4th, 2019.
FOLLOW-UP:
Staff will notify residents and businesses and will also monitor pressures and usage during this period.
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 7:15 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Recycling Education Grant
PRESENTER: ITEM
Robert Beaudoin Superintendent of NUMBER:
Environmental Services & Julia
Greene Greenworks I.3
SUMMARY:
This grant opportunity is an educational grant through the MADEP related to contaminated recycling(please
see attached) and how that is effecting the market. The intent is to educate residents on the need to ensure
rec yc lab le containers include only rec yc lab le material and that there is no contamination(food, non-rec yc lab le s,
etc.). It also requires the Town to develop a inspection and warning/rej ec do n program to ensure the material
included in recycling bins is non-contaminated recyclables. This does include warnings and then rejections
(with a sticker explaining why rec yc ling was not collected). Given the policy nature of this discussion, staff is
requesting the Board review and d eve to p a consensus whether the DPW should move forward.
SUGGESTED MOTION:
At this point, we are seeking a general consensus whether the Board agrees with the concept as it will be
presented.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 7:2 5 p.m.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on LexHAB Farmview Project
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.4
SUMMARY:
This project has been put out to bid and the price has continued to come in over the appropriation. As a
result, the LexHab Board put the project out to bid this time with several"add alternate" proposals which
include: appliances, landscaping, paving, solar, etc. and the bid that was received, these totaled approximately
$307,000. The total appropriation was $2,589,107 and the sole bid came in at$3,026,757 with the add alternate
items eliminated the project remains $90,803 short of the appropriation. LexHab has delivered a check for the
amount of the shortfall, but this doesn't address the "add alternate" items as the project was previously
proposed to include. I have asked the LexHab Board (through Pat Goddard)to address these issues by
confirming they intend to complete the project through other financial means (based on their presentation to
me), which includes either a MassHousing Grant or through their own financing to ensure the project that Town
Meeting funded is completed as anticipated. The confirmation letter is attached, there is no action the Board
needs to take, this is to ensure the Board was aware of this project is moving forward.
SUGGESTED MOTION:
No vote is required, this is just to ensure the Board is aware of how this project is progressing.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 7:45 p.m.
ATTACHMENTS:
Description Type
Lexington Housing Assistance Board, Inc.
1620 Massachusetts Avenue, Suite 4
Lexington, MA 02420
(781) 8 3-5362
To: Carolyn Kosnoff, Lexington Assistant Town Manager for Finance July 17, 2019
From: Patrick Goddard, Executive-Director, LexHAB
Subject: Triumph Contract for Farmview(34 Lowell Street) Housing Construction
At the July 17, 2019 meeting of the Lexington Housing Assistance Board (LexHAB), LexHAB
voted to complete the Farmview(34 Lowell Street) Housing Construction using LexHAB funds
if no other funds are available as follows:
• LexHAB to provide $90,893 check to Town of Lexington to supplement available
balance of$2,589,107.25 and enable Town of Lexington to approve Triumph Modular
Construction contract of$2,680,000.
• LexHAB to provide additional deposits to Town of Lexington for funding of any change
orders for Triumph Modular Construction contract.
• LexHAB has funds on hand to implement scope of work outside of the $2,,680,000
Triumph Modular Construction Contract. This work outside of the Triumph Modular
Construction contract includes final paving, landscape and fencing, rooftop solar, and
appliances.
• LexHAB intends to apply for alternate sources of funding for implementation of the
scope of work outside of the Triumph Modular Construction contract. Should these
alternate sources not be available, LexHAB will utilize their own resources to complete
the scope of work and complete the project scope as outlined in the funding request at
Town Meeting.
z'
William Kennedy, L A`B' Chairman Patrick Goddard, LexHAB Executive Director
Patrick W Goddard, Executive Director (7 1) 862-4394 irector* exHA .org
[Type here]
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve and Sign Jefferson Drive at Liberty Ridge Regulatory Agreement
PRESENTER: ITEM
NUMBER:
Liz Rust, Regional Housing Services
Office I.5
SUMMARY:
A vote is requested for this agenda item.
As a part of the Jefferson Drive at Liberty Ridge project the developer is required to provide three(3)
affordable units for sale.
The terms of the affordable housing agreement are provided for in the LIP Regulatory Agreement, which
requires approval by the Board of Selectmen. The affordable units will be sold at prices specified in the
Regulatory Agreement to persons or households with incomes at or below eighty percent(80%) of the regional
median household income (the"Low and Moderate Income Units");
SUGGESTED MOTION:
Move to approve and authorize the Town Manager to sign the Local Initiative Program-Regulatory
Agreement and Declaration of Restrictive Covenants for Ownership, for the Jefferson Drive at Liberty Ridge,
located on Jefferson Drive.
FOLLOW-UP:
Regional Housing Services Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 7:55 p.m.
ATTACHMENTS:
Description Type
F) Jeffcrswn.Drive Regulatory Agreement I�aackup Mateiial
INITIATE PROGRAM
REGULATORY AGREEMENT
AND
DECLARATION OF RESTRICTIVE COVENANTS
o
OWNERSHIP PROJECT
This Regulatory Agreement and Declaration of l estrctive Covenants (the"Agreement") is made
this day o 20 by and among the Commonwealth realth of Massachusetts, acting
by and through the Department of Housing and Community Development " CD" , pursuant to
G.L. c. 23B §1 as amended by Chapter 19 of the Acts of 20077 the Town of Lexington ("the
Municipality"), and North Shore Residential Development, Inc., a Massachusetts corporation,
laving a address at215 Salem Street,Woburn,MA01801andits successors and assigns("Project
Sponsor" .
WITNESS T :
WHEREAS, pursuant to G.L. o. 40B, §§ 2 -23 (the "'Act") and the final report of the Special
Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April
1989, regulations have been promulgated at 760 CXM 56.00 (the "'Regulations") which establish
the Local Initiative Program ("LIP");
WHEREAS, the Project Sponsor intends to construct a housing development known as Jefferson
Drive at Liberty Ridge at a 12. -acre site on Jefferson erson Drive in the Municipality, more particularly
described in Exhibit A attached hereto and made a part hereof(the "Project");
WHEREAS, such Project is to consist of a total number of 29 condominium units/detached
dwellings (the "Units") and 3 of the Units will be sold at prices specified in this Agreement to
persons or households with incomes at or below eighty percent 0% the regional median
household income (the"Low and Moderate Income Units");
WHEREAS, the Chief Executive Officer of the Municipality as that terra is defined in the
Regulations) and the Project Sponsor have made application to DHCD to certify that the units in
the Project are Local Action Units as that term is defined in the Comprehensh�e PermitGuidelines
(the"Guidelines") published by DHCDwith the LIP Program; and
WHEREAS, in partial consideration of the execution of this Agreement,DHCD has given and will
give technical and other assistance to the Project];
NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set
forth, and other good and valuable consideration, the receipt and sufficiency of which each of the
parties hereto hereby acknowledge to the other, DHCD, the Municipality, and the Project Sponsor
hereby agree and covenant as of l ov s
1. The Project Sponsor agrees to construct the Project in accordance with plans and
specifications approved by the Municipality (the"Plans and Specifications"). In addition, all Low
A Page 1 Sept.2,2016
and Moderate Income Units to b e constructed as part of the I roject must be Indistinguishable from
other Units in the Project from the exterior (unless the Project has an approved "Alternative
Development Ilan" as set forth in the Comprehensive Permit Guidelines (the "Guidelines"))
published by D CD, and must contain complete living facilities including but not limited to a
stove, refrigerator, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully
shown in the Flans and Specifications.
o of the Low and Moderate Income Units shall be one bedroom units;
of the Low and Moderate Income Units shall be to bedroom units;
of the Low and Moderate Income Units shall be three bedroom units; and,
of the Low and Moderate Income Units shall be four bedroom units.
All Love and Moderate Income Units to be occupied by families must contain two or more
bedrooms. Low and Moderate Income Units must have the following minimum areas.
one bedroom units 700 square feet
two bedroom units 900 square feet
three bedroom units - 1200 square feet
four bedroom units - 10 .square feet
The Project must fuller comply with the State Building Code and with all applicable state and
federal building, environmental, health, safety and other lags, rules, and regulations, including
without limitation all applicable federal and state laws, rubs and regulations relating to the
operation of adaptable and accessible housing for the handicapped the Project must also comply
with all applicable local codes, ordinances and by-laws.
Each Low and Moderate Income Unit will be sold for no more than the pace set forth in
Exhibit B attached hereto and made a part hereof to an Eligible Purchaser. An Eligible Purchaser
is a Family i whose annual income does not exceed eighty percent 0% of the Area median
income adjusted for family size as determined by the U. S. Department of Mousing and Urban
Development and ii whose assets do not exceed the limits specified in the Guidelines. A
"Family" shall mean two or more persons who will live regularly in the Low or Moderate Income
Unit as their-primary residence and who are related by blood, marriage, or operation of law or who
have otherwise evidenced a stable inter-dependent relationship; or an individual. The "Area" is
defined as the Boston, Cambridge Quincy MSA HIl 4"A County.
2. Upon the occurrence of one of the events described in 760 CMR 6. 2 , the
Project will be included In the Subsidized Dousing Inventory as that team is described in
760 CNM 56,01. only Low and Moderate Income Units will be counted as SHI Eligible Housing
as that term is described in 760 CNM 56,01 for the purposes of the Act.
3. a) At the time of sale of each Low and Moderate Income Unit by the Project
Sponsor, the Pro"ect Sponsor shall execute and shall as a condition of the sale cause the purchaser
of the Low and Moderate Income Unit to execute an Affordable Housing Deed Rider in the form
of Exhibit C attached hereto and made a part hereof(the "Deed Rider" . Such Deed Rider shall
e attacked to and made a part of the deed from the Pro ect Sponsor to the Unit Purchaser. Each
such Deed Rider shall require the Emit Purchaser at the time he desires to sell the Low and
Moderate Income Unit to offer the Low and Moderate Income Unit to the Municipality and to
RA Page 2 Sept.2,2016
DHCD at a discounted purchase price more particularly described therein. The Municipality and
DHCD shall have the option upon terms more particularly described in the Deed Rider to either
purchase the Low and Moderate Income Unit or to find an Eligible Purchaser. The Deed Rider
shall require the Unit Purchaser and the EligibI e Purchaser to execute at the tine of resale a D e d
Rider identical in form and substance to the Deed Rider then in effect with respect to the Low and
Moderate Income Unit which will he attached and made a part of the deed from the Unit Purchaser
to the Eligible Purchaser, so that the affordability of the Low and Moderate Income unit will be
preserved each time that subsequent resales of the Low and Moderate Income unit occur. (The
various requirements and restrictions regarding resale of a Low and Moderate Income Unit
contained In the Deed Rider are hereinafter referred to as the "Resale Restrictions"). If upon the
initial resale or any subsequent resale of a Low and Moderate Income Unit, the Municipality and
DHCD are unable to find an Eligible Purchaser for the Low and Moderate Income Unit, and the
Municipality and DHCD each elect not to exercise its right to purchase the Low and Moderate
Income Unit, then the then current owner of the Low and Moderate Income Unit shall have the
right to sell the Low and Moderate Income Unit to any person, regardless of his income an
"Ineligible Purchaser") at the Maximum Resale Price and s bj eet to all rights and restrictions
contained in the Deed Rider, and provided that the grit is conveyed subject to a Deed Rider
identical in form and substance to the Deed Rider then in effect with respect to the Low and
Moderate Income grit which will be attached and made part of the deed from the Unit Purchaser
to the Ineligible Purchaser.
(b) For each sale of a Low and Moderate Income Unit,DHCD must approve the
terns of the Eligible Purchaser's mortgage financing as evidenced by ACT 's issuance of the Resale
Price Certificate described in the Deed Rider-.
(c) The Municipality agrees that in the event that it purchases a Low and
Moderate Income Unit pursuant to its right to do so contained in the Deed Rider they,in effect with
respect to such Low and Moderate Income Unit, that the Municipality shall within six months
of its acceptance of a deed of such Low and Moderate Income Unit, either i sell the Low and
Moderate Income Unit to an Eligible Purchaser at the same price for which it purchased the Low
and Moderate Income Unit plus any expenses incurred by the Municipality during its period o
ownership, such expenses to be approved by DHCD, subject to a Deed Rider satisfactory in form
and substance to DHCD and the recording of an Eligible Purchaser Certificate satisfactory in form
and substance to ] CD, the method for selecting such Eligible Purchaser to be approved by
DHCD or ii rent the Low and Moderate I .come Unit to a person who meets the income gui del i nes
of the LIP Program, upon terms and conditions satisfactory to DHCD and otherwise in conformity
with the requirements of the LIP Program, If the Municipality fails to sell or rent the Low and
Moderate income grit as provided herein within said six 6 month period, or if at any time after
the initial rental of the Low and Moderate Income Unit by the Municipality as provided herein the
Low and Moderate Income Unit becomes vacant and remains vacant for more than ninety (90)
days,then such Low and Moderate Income Unit shall cease to he counted as SHI Eligible Housing,
and shall no longer be included in the Subsidized ed Housing Inventory.
(d) Each Low and Moderate Income Unit gill remain SIII Eligible Housing and
continue to be included in the Subsidized Housing Inventory for as long as the following three
conditions are met; 1 this Agreement remains In full force and effect and neither the Municipality
nor the Project Sponsor is in default hereunder-; 2 the Project and Low and Moderate Income
Unit each continue to comply with the Regulations and the Guidelines as the sane may be amended
RA.Page 3 Sept.2,2016
from time to time* and 3 either 1 a Deed Rider binding the then current owner of the Low and
Moderate Income Unit to comply with the Resale Restrictions is in full force and effect and the
then current owner of the Low and Moderate Income Unit 1s either in compliance with the terms
of the Deed Rider, or the Municipality is in the process of taking such steps as may be required b
DHCD to enforce the then current owner's compliance with the terns of the Deed Rider or ii the
Low and Moderate Income Emit is owned by the Municipality and the Municipality is in
compliance with the terms and conditions of the last preceding paragraph, or iii the Low and
Moderate Income Unit 1s owned by ICI .
. [intentionally omitted]
. a Prior to marketing or otherwise mal ing available for sale any of the Units,
the Project Sponsor must obtain CI 's approval of a marketing plan (the"Marketing Plan") for
the Low and Moderate Income Units. Such Marketing Flan must describe the buyer selection
process for the Low and Moderate Income Units and must set forth a plan for affirmative Fair
marketing of Low and Moderate Income Units and effective ective outreach to protected groups
underrepresented in the municipality, including provisions for a lottery, consistent with the
Regulations and Guidelines. At the option of the Municipality, and provided that the Marketing
Flan demonstrates 1 the need for the local preference e.g., a disproportionately low rental or
ownership affordable housing stock relative to need in comparison to the regional area), and
(h)that the proposed local preference will not have a disparate impact on protected classes, the
Marketing Plan may also include a preference for local residents for up to seventy percent %
of the Love and Moderate Income Units, subject to all provisions of the Regulations and-
Guidelines, provided that any local preference shall apply only to the initial unit sales by the
Pro.ect Sponsor. When submitted to DHCD for approval, the Marketing Flan should be
accompanied by a letter from the Chief Executive officer of the Municipality as that term is
defined in the Regulations) which states that the buyer selection and local preference (if any)
aspects of the Marketing Plan have been approved by the Municipality and which states that the
Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities
of the Municipality in the Marketing Flan. The Marketing Ilan must comply with the Regulations
and Guidelines and with all other applicable statutes, regulations and executive orders, and DHCD
directives reflecting the agreement between DHCD and the U.S. Department of Dousing and
Urban Development elopmen,t in the ease of NAACP, Boston Chapter i;. Kemp. If the Project is located in
the Boston-Cambridge-Quincy, NIA-NH MSA, the Project Sponsor must list all Low and
Moderate Income Units with the Boston Fair Housing Commission's Metro List
(Metropolitan Housing opportunity Clearing Center); other requirements for listing of units
are specified in the Guidelines. All costs of carrying out the Marketing Plan shall be paid by the
Project Sponsor.
(b) The Project Sponsor may use in-house staff to draft and/or implement the
Marketing Plan, provided that such staff meets the qualifications described in the Guidelines. The
Project ect Sponsor may contract for such services provided that any such contractor must be
experienced and qualified under the standards set forth in the Guidelines. A failure to comply with
the Marketing Plan by the I roject Sponsor or b y the Municipality shall be deemed to be a default
of this Agreement. The Project Sponsor agrees to maintain for at least five Fears following the
sale of the last Lour and Moderate Income Unit, a record of all newspaper ads, outreach letters,
translations, leaflets, and any other outreach efforts orts (collectively "Marketing Documentation") as
described in the Marketing Plan as approved by DHCD which may be inspected at any time by
.A 'age 4 Sept.2,,2016
I HC . All Marketing Documentation must be approved by DHCD prior to its use by the Project
Sponsor or the Municipality. The Project Sponsor and the Municipality agree that if at any time
prior to or during the process of marketing the Low and Moderate Income Units, DHCD
determines that the Project Sponsor, or the Municipality with respect to aspects of the Marketing
Plan that the Municipality has agreed to be responsible for, has not adequately complied with the
approved Marketing Plan, that the Project Sponsor or Municipality as the ease may be, shall
conduct such additional outreach or marketing efforts as shall be determined by DHCD,
. Neither the Project Sponsor nor the Municipality shall discriminate on the bases o
race, religion, color, sex, sexual orientation, familial status, age, handicap, marital status, national
origin, genetic information, ancestry, children, receipt of public assistance, or any other basis
prohibited by law in the selection of buyers for the Units; and the Project Sponsor shall not so
discriminate in connection with the em loynment or application for employment of persons for the
construction, operation or management of the Project.
7. a The Project Sponsor agrees to comply and to cause the Project to comply
with all requirements of the regulations and Guidelines and all other applicable laws, rules,
regulations, and executive orders. DHCD and the Chief Execrative officer of the municipality
shall have access during normal business hours to all books and records of the Proj ect Sponsor and
the Proj ect in order to nmonitor the Proj ect Sponsor's compliance with the terns of this Agreement.
(b) the term of this Agreement,, the Chief Execrative officer shall
annually certify in writing to DHCD that each of the Low and Moderate Income Units continues
to be occupied by a person who was an Eligible Purchaser at the time of purchase; that any Low
and Moderate Income Units which have been resold during the year have been resold in
compliance with all of the terms and provisions of the Deed rider then in effect with respect to
each such Low and Mod crate Income Unit, and in compliance with the regulations and Guidelines
and this Agreement; and that the Prof ect and the Low and Moderate erate Inco me Units have other i se
been maintained in a manner consistent with the Regulations and Guidelines, this Agreement, and
the Deed.rider then in effect with respect to each Low and Moderate Income Unit.
. Upon execution, the Project Sponsor shall immediately cause this Agreement and
any amendments hereto to be recorded/filed with the registry, and the Project Sponsor shall pay
all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the
Project Sponsor shall immediately transmit to DHCD and the Municipality evidence of such
recording or filing including the date and instrument, book and page or registration number of the
Agreement.
. The Project Sponsor hereby represents, covenants and warrants as follows:
(a) The Project Sponsor i is a Massachusetts corporation, drily organized
under the laws of the Common rea th of Mas sachusetts, and is qualified to transact business under
the laws of this State, ii has the poorer and authority to own its properties and assets and to carry
on its business as now being conducted, and iii has the full legal right, power and a .thorny to
execute and deliver this Agreement.
(b) The execution and performance of this Agreement by the Project Sponsor
(1) will not violate or, as applicable, has not violated any provision of law, rule or regulation, or
R.Page 5 Sept.2,2016
any order of any court or other agency or governmental body, and ii will not violate or, as
applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note,
r other instrument to which the Proj ect Sponsor i s a party or by which it or the Project is bound,
and iii will not result in the creation or imposition of any prohibited encumbrance of any nature.
(c) The Project Sponsor will, at the time of execution and delivery of this
Agreement, have good and marketable title to the premises constituting the Project free and clear
of any lien or encumbrance(subject to encumbrances created pursuant to this Agreement, any loan
documents relating to the Project the terns of which are approved by DHCD, or other permitted
encumbrances, including mortgages referred In paragraph 10, below).
(d) There is no action, suit or proceeding at law or in equity or by or before any
governmental instrumentality or ether agency now pending, or, to the knowledge of the Project
Sponsor, threatened against or affecting it, or any of its properties or rights, which, if adversely
determined, would materially impair its right to carry on business substantially as now conducted
(and as now contemplated by this Agreement) or would materially or adversely affect its financial
condition.
10. Except for sales of Low and Moderate Income Units to Eligible Purchasers and
sales of other Units to unit owners in the ordinary course of business as permitted by the tenns of
this Agreement, the Project Sponsor will not sell, transfer, lease, or exchange the Project or any
portion thereof or interest therein (collectively, a*"Sal e") or(except as permitted under Section d
below) mortgage the Property without the prior written consent of DHCD and the Municipality.
(a) A request for consent to a Sale shall include:
- A signed agreement stating that the transferee will assume in full the Proj ect
S onsor's obligations and duties Under this Agreement, together with a
certlfieation by the attorney or title company that-it will be held in escrow
and, in the case of any transfer other than a transfer of Beneficial Interests,
recorded in the Registry of reeds with the deed and/or other recorded
documents effecting the Sale;
- The name of the proposed transferee and any other entity controlled by or
controlling or under common control with the transferee, and names of any
affordable housing developments in the Commonwealth owned by such
enti tl e ;
- A. certification from the Muni cip al ity that the Prof ect i s in compliance with
the affordability requirements of this Agreement,
(b) Consent to the proposed Sale shall be deemed to be given unless rCr or
the Municipality notifies the Project Sponsor within thirty (days) after receipt of the request that
either
The package requesting consent is incomplete, or
RA Page 6 Sept.21 2016
The proposed transferee or any entity controlled by or controlling or under
common control with the proposed transferee) has a documented history of
serious or repeated failures to abide by agreements of affordable housing
funding or regulatory agencies of the Commonwealth or the federal
government or is currently in violation of any agreements with such
agencies beyond the time permitted to cure the violation, or
The Project is not being operated in compliance with the affordability
requirements of this Agreement at the time of the proposed Sale.
(c) The Project Sponsor shall provide DHCD and the Municipality with thirty
3 o day's prior written notice of the following:
(i) any change, substitution or withdrawal of any general partner,
manager, or agent of the Project Sponsor; or
(H) the conveyance, assignment, transfer, or relinquishment of a
majority of the Beneficial Interests (herein defined) in the Project
Sponsor (except for such a conveyance, assignment, transfer or
relinquishment among holders of Beneficial Interests as of the date
of this Agreement).
(iii) the sale, mortgage, conveyance, transfer, grad lease, or exchange
of the Project Sponsor's interest in the Project or any party of the
Prof ect.
For purposes hereof, the terra "Beneficial ~Interest" shall mean; x with respect to a
partnership, any partnership interests or other rights to receive income losses or a return onequity
contributions made to such partnership; ii with respect to a limited liability company, any
interests as a member of such company or other rights to receive income, losses, or a return on
equity contributions made to such company; or iii with respect to a company or corporation, any
interests as an officer, board member or stockholder of such company or corporation to receive
income, losses, or a return on equity contributions made to such company or corporation.
Notwithstanding the above, C 's consent under this Section 9 shall not be required
with respect to the grant by the Project Sponsor of any mortgage or other security interest in or
with respect to the Project to a state or national banl , state or federal savings and loan association,
cooperative bank, mortgage company,, trust company, insurance company or other institutional
1 ender made at no greater than the prevailing rate of interest or any exercise by any such mortgagee
of anyof its rights and remedies (including without limitation, by foreclosure or b y taking title to
the Prol ect b y deed in 11eu of foreclosure), subj ect, however to the provi sions of Section 14 hereof
The Pro Proi ect Sponsor hereby agrees that it shall provide copies of any and all written notices
received by the Project Sponsor from a mortgagee exercising or threatening to exercise its
foreclosure rights under the mortgage.
11. Until such tinge as decisions regarding repair ofdamage due to fire or other ca.sua.lt ,
or restoration after taking by eminent domain, shall be made by a condominium association or
trust not controlled by the Project Sponsor, or if the Project ect consists of detached dwellings, by
RA 'age 7 Sept.2,2016
homeb ers Project Sponsor agrees that if the Project, or any part thereof, shall be damaged or
destroyed or shall be condemned or acquired for public use, the Project Sponsor will use its best
efforts to repair and restore the Project to substantially the same condition as existed prior to the
event causing such damage or destruction, or to rell eve the cond mnation, and thereafter to operate
the Prof ect in accordance with the terms of this Agreement, subj ect to the approval of the Proj ect's
lenders, which lenders have been approved by DHCDand the Municipality.
12. This Agreement shall be governed by the laws of the Commonwealth of
Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the
parties hereto. The invalidity of any clause, part, or provision of this Agreement shall not affect
the validity of the remaining portions hereof
13. All notices to be given pursuant to this Agreement shall be in writing and shall be
deemed given when delivered by hand or when mailed by certified or registered nail, postage
prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such
other place as a party may from time to time designate by written notice.
DHC : Department of Housing and Community Development
Attention: Local Initiative Program Director
100 Cambridge St., Suite 300
Boston, MA 02114
Municipality: Board of Selectmen,
Town office Building
1625 Mass Ave.
Lexington, MA 02420
Protect Sponsor; North Shore Residential Development, Inc.
215 S l m Street
Woburn, MA 01801
14, a This Agreement and all of the covenants, agreements and restrictions
contained herein shall be deemed to be an affordable housing restriction as that term is defined in
G.L. c. 184, § 31 and as that terra is used in G.L. c.184, § 26, 31, 32 and 33. This Agreement shall
bind, and the benefits shall inure to,, respectively, the Project Sponsor and its successors and
assigns, and DHCD and its successors and assigns and the Municipality and its successors and
assigns. DHCD has determined that the acquiring of such affordable housing restriction is in the
public interest. The term of this Agreement shall be perpetual, provided however, that this
Agreement shall terminate i (a) at any time hereafter there is no Low and Moderate Income Unit
at the Project which is then subject to a Deed Rider containing the Resale Restrictions, and there
is no Low and Moderate Income Unit at the Project which is owned by the Muni cipalit r or DHCD
as provided in Section 4 hereof. The rights and restrictions contained in this Agreement shall not
iapse if the Proj ect is acquired through foreelosre or deed in lieu of foreclosure or similar action,
and the provisions hereof shall continue to run with and bind the Project.
(b) The Project Sponsor intends, declares and covenants on behalf of itself and
its successors and assigns i that this Agreement and the covenants, agreements and restrictions
contained herein shall be and are covenants running with the land, encumbering the Project for the
A Page 8 Sept. 2,2016
term of this Agreement, and are binding upon the Pro Proj ect Sponsor's successors in fide, (10 are not
merely personal covenants of the Project ect Sponsor, and iii shall bind the Project Sponsor, its
successors and assigns and enure to the benefit of DCD and its successors and assigns for the
term of the Agreement. Project Sponsor hereby agrees that any and all requirements of the laws
of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this
Agreement to constitute restrictions and covenants running with the land shall be deemed to be
satisfied in full and that any re uirements of pri vity of estate are also deemed to be satisfied In full,
(c) The Resale Restrictions contained in each of the Deed Riders which are to
encumber each of the Low and Moderate Income Units at the Prof ect pursuant to the re ulrem ents
of this Agreement shall also constitute an affordable housing restriction as that term is defined In
G.L. c. 184, §31 and as that tern is used In G.L. c. 184, §§26, 31, 32, and 33. Such Resale
Restrictions shall be for the benefit of both DCD and the Municipality and both DCD and the
Municipality shall be deemed to be the holder of the affordable housing restriction created by the
Resale Restrictions in each of the Deed Riders. DCD has determined that the acquiring of such
affordable housing restriction is in the public interest. To the extent that the Municipality is the
holder of the Resale Restrictions to be contained in each of the Deed Riders,the Director ofD CD
by the execution of this Agreement hereby approves such Resale Restrictions in each of the Deed
Riders for the Low and Moderate Inouye Units of the Project as required by the provisions of
G.L. c. 184, §32.
1 . The Project Sponsor and the Municipality each agree to submit any information,
documents, or certifications requested by D CD which D CD shall deem necessary or
appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality
with the ternn s of this Agreement.
16. a The Project Sponsor and the Municipality each covenant and agree to give
DCD written notice of any default, violation or breach of the obligations of the Project Sponsor
or the Municipality hereunder, (with a copy to the other party to this Agreement)within seven (7)
days of first discovering such default,violation or breach a,"Default Notice"). IfDHCD becomes
aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality
hereunder without receiving a Default Notice from Project ect Sponsor or the Municipality, D CD
shall give a notice of such default, breach or violation to the offending party (with a copy to the
other party to thisAgreement) (the ",D CD Default Notice"). If any such default, violation, or
breach is not cured to the satisfaction of DCD within, thirty days after the giving of the
Default notice by the Project Sponsor or the Municipality, or if no Default Notice is given, then
within thirty o days after the giving of the DCD Default Notice, then at DCD's option, and
without further notice, DCD may terminate this Agreement, or DCD may apply to any state or
federal court for specific performance of this Agreement,or D CD may exercise any other remedy
at later or in equity or take any other- action as may be necessary or desirable to correct non-
compliance with this Agreement,
(b) If DCD elects to terminate this Agreement as the result of a breach,
violation, or default hereof, which breach, violation, or default continues beyond the cure period
set forth in this Section 16(a), then the Low and Moderate Income Units and any other Units at the
Project which have been included in the Subsidized Housing Inventory shall from the date of such
termination no longer be deemed SHI Eligible Housing for the purposes of the Act and shall be
deleted from the Subsidized Housing Inventory. The foregoing sentence shall not apply to Low
A Page 9 Sept. 2,2016
and Moderate Income Units that have been conveyed in compliance and remain in compliance
with Section 3 of this Agreement.
17. The Project Sponsor represents and warrants that it has obtained the consent of all
existing mortgagees of the Project to the execution and recording of this Agreement and to the
terms and conditions hereof and that all such mortgagees have executed the Consent and
Subordination. of Mortgage to Regulatory Agreement attached hereto and made a part hereof
18. DHCD may delegate to the Municipality any of its oversight and enforcement
responsibilities under this Agreement, with the agreement of the Municipality, by providing
written notice of such delegation to the Project Sponsor and the Municipality.
[REMAINDER of PAGE LEFT INTENTIONALLY BLANK]
RA Fag 10 Sept.2,2016
t
Executed as a sealed instrument as of the date first above written.
IRoJE"T
,11
Bar:
Its: Ro Id . L e , Preside Treasurer , ._.
DEPARTMEENT of HOUS - AND
COMMUNITY DEVELOPM[ENT
Its
MINK I'ALIT Y
y:
Its:
Attachments: Exhibit A-Legal Property Description
Exhibit B -Prices & Location-of Low& Moderate Income Units
Exhibit C --Form of Deed Rider
Consent forms signed by any and all mortgagees whose mortgages are recorded prior to this
Regulatory Agreement rust be attached to this Regulatory Agreement.
DHCD When used in the Local Initiative Program, this form may not be modified without
the written approval of the Department of Housing and Community Development.
RA Fag I I Sept.2,201
COMMONWEALTH of MASSACHUSETTS
COUNTY of-, ss.
On this 2nd day of July, 2019, before me, the undersigned notary public, personally
appeared Ronald A,Lopez_,proved to me through satisfactory evidence of identification,
which were Mass. Drivers License to be the person whose name is signed on the preceding
document, as 'resident & Treasurers of the North Shore Residential Development, Inc.
[Project Sponsor], and acknowledged to nee that he/she signed it voluntarily for its statedpurpose—.
Notary Pu fi
NotaryPublic 5 kl e- )SIOYL7Uefec,
MY commission expires,
Aug . =25 My Commission Expires: Su-A �
COMMONWEALTH of MASSACHUS TTS
COUNTY of SUFFOLK, ss.
On this day o , 20___, before me, the undersigned notary
public, personally appeared proved to nee through
satisfactory evidence of identification, which were to be
the person whose name is signed on the preceding document, as for
the Commonwealth of Massachusetts acting by and through the Department of Housing and
Community Development,ent, and acl ow edged to nee that he/she signed it voluntarily for its stated
purpose.
Notary Public
My Commission Expires:
A Page 12 Sept.2,2016
COMMONWEALTH of MASSACHUSETTS
COUNTY of . ,ss. , 2
On this day of 20___, before me, the undersigned notary
public, personally appeared proved to me through
satisfactory evidence of identification, which were , to be
the person whose name is signed on the preceding document, as _ r
the City/Town of and acknowledged to me that he/she signed it
voluntarily for its stated purpose,
Notary Public
Print Name:
My Commission Expires:
A Page 13 Sept.2,2016
1
CONSENT AND SUBORDINATION OF MORTGAGE
TO REGULATORY AGREEMENT
Reference is hereby made to a certain Mortgage dated, April 20, 2018, given by North Shore
Residential, Development, Inc. to East Boston. Savings Bank, recorded, with the Middlesex South
Registry of Deeds at Book 70896, Page 369 ("Mortgage").
The Undersigned,, present holder of said Mortgage, her by recognizes and consents to the
execution and recording, of this Agreement and agrees that the a-f-oresaid Mortgage shall be
subject and subordinate to the provisions of this Agreement, to the same extent as if said
Mortgage had been registered subsequent thereto. The 'Undersigned further agrees that in the
event of any -foreclosure or exercise of remedies under said Mortgage it shall com ly with the
,P
terms and conditions hereof
East Boston Savings Bank
B
Y,
Avi> VJHHOZ,Clot- C-eoi�sqL
0
(If the roject has more than one mortgagee, add additional consent fors.)
COMMONWEALTH OF MASSACHUSETTS
p bl* On. this 7P 6�day of �Y 2017, before me,' the undersigned notary
personally appeared Htct,+,et 5miti, proved to me through..
satisEactory evidence of iidentification, which were K rA O�A to be
4
the person whose narne s signed on the preceding document, as up, of
4,4aw- bL)0)VVo-) Bank-, and acknowledged to me that he/she signed it-voluntarily for
4
its stated,purpose.
,,Q-1 U, 460-6's rk to
JESSICA SCHIAVO Notar;f6lic
Notary, Public Print Name:
COMMONWEAL.TH OF MASSACHUSETTS My Commission Expires: t,(,
MY Commission Expiros on
April 17,2026
RA Page 1.4 Sept. 2,,2016
EXHIBIT
Re: Jefferson Drive at Liberty Ridge
(Project name)
Lexinaton, Massachusetts
(City/Town)
North Shore Residential eelo rnent Inc.
(Developer)
Propertv Descry tion
The land with the buildings thereon situated in the 'downs of Burlington and Lexington,
Middlesex Counter, Massachusetts, and further described as follows.-
Two certain parcels of land shown on "Plan of Land in Lexington, Mass. Scale 1 t
October 8. 19411 Albert A. Miller, C. ., Lexington" recorded in Middlesex S o th District
Registry of]deeds in Book 6557, Page 290. one parcel is located in Burlington, Middlesex
County, Massachusetts, and is shorn on said plan as containing two acres and the other parcel is
located in said Lexington and is shown on said plan as containing 20.4 acres, all in the County of
Middlesex and Commonwealth of Massachusetts and being together bonded and further
described as follows:
Commencing at a point on the south face of the stone wall at land now or formerly of
Robinson, then running S. 4 ' 13' W. 226.64 feet along the south face of said stone wall; thence
S. 840 24" W. 46.62 feet along the south face of said stone wall; thence S. 310 4 " 3 0" W. 66.60
feet along the south face of said stone all; thence S. 1 ° OT . 182.88 feet along the south face
f said stone wall; thence S. 9' 25' W. 453.69 feet along the south face of said stone wall to
Grove Street; thence S. 27' 05' 3 0" E. 240.8 6 feet to a poi nt; thence S. 23° 22' E. 22 1.91 feet to a
point; thence S. °46 3 " E. 437.13 feet to a point; thence S. I' 5 ' W. 90 feet to a stone bound
on the westerly side of said Grove Street at land now or formerly of Lulu W. Blare; thence N.
70' 54" . 137. feet to a stale; thence No. ° "E. 102.87 feet to a stake; thence N. 5° 22'
E. l 05.59 feet to a stale; thence N. 6 1° 2 ' E. 219.65 feet to a stone bound; thence along a stone
wall and land of Simonds N. 3° 4 ' 30" E. 441.63 feet to a drill hole in the stone wall at land
now or formerly of Robinson; thence N. 26 o " W. along a stone wall at land now or fonnerly of
Robinson 790.18 Feet to the corner of the stone wall; thence N. 2° 6Y . 60.57 feet; thence N.
70 44'E. 96.07 feet to a point; thence No. ' 4 V E. 23 0.97 Feet to a point in a stone wa.lI I thence
No. 1° 63"W. 59.59 feet; thence N. 6 ' 30" 30"W. 287.00 feet along a stone wall and land now
or formerly of Robinson to the point of beginning.
Excepting from the above-described premises the following parcels which were previously
conveyed:
1. One acre, more or less, conveyed to Gustaf C. Headburg, Jr. and Elsie R. Headburg
husband and wife as tenants by the entirety, by deed dated September 20, 1947, and
A Page 15 Sept.2,21
recorded with Mddlesex South District Registry of Deeds on September 22, 1947 in
Book 7190 at page 50.
2. Three and 5110 acres, more or less, conveyed to Gustaf C. Headb rg, Sr. and Frances M.
eadb rg, husband and wife as tenants by the entirety, by deed dated September-20,
194' , and recorded with Middlesex South District Registry of Deed s on Se tember 22,
1947, in Book 7190 at page 51,
3. 30,3 5 5 square feet, more or less, conveyed to A. Raymond Carehia and Vera M. Carhia,
husband and wife as tenants by the entirety, by deed dated May 2 , 1956, and recorded
with Middlesex South D 1strict Registry of eels on June 1, 19 5 6, in Book 8 736 at Wage
31.
4. 40,619 square feet, more or less, conveyed to John J. Ca.rehia and Elizabeth A Ca.rchia.,
husband and wife as tenants by the entirety, by deed dated January 24, 1961, and
recorded with Middlesex South District Registry of Deeds on February 1 , 1961, in Book
9759 at Page 3 27.
5. 3 ,19 square feet of land, more or less conveyed to Marilyn Carchia Stivaletta,
individually, by deed dated June 2 , 194 and recorded with Middlesex South District
Registry of Deeds on June 29, 1984, in Book 15656,Page 492.
These premises are also shown on a plan entitled "Public Benefit Development "Liberty
Ridges"" Lexington, Massachusetts, prepared for North Shore Residential Development, Inc.
Seale 1" = 5 o" dated Se tember 12, 2017, drawn by Sullivan Engineering Group, LLC and fi led
with the Middlesex South District Registry of Deeds as.flan No. 1009 of 2017.
Containing approximately 12.42 acres of land according to said plan.
S bj ct to the zoning laws of the Town of Lexington and to restrietions and easements of
record, if any there be.
Subject to and with benefit of:
1. The Torn of Lexington Special Permit dated July 21, 2017 and recorded with the
Middlesex South Registry of Deeds on November 8. 2017 in Book 70204, Page 59,
and to the Declaration of Restrictive Covenants to be recorded herewith, all as the
sane may be amended from time to time;
2. The Declaration of Restrictive Covenants to recorded with said Deeds in Book
Page ; and
3. Hiking Trail Easement granted to the Town of Lexington dated and
recorded in said Deeds in Boob , Wage
For Declarant's tale see reed of Gerald M. Carohia, Trustee of the A. Raymond Ca.rehia.Trust dated
April 20, 2018 and recorded in the Middlesex South Registry of Deeds in Book in 70896, Page 366.
RA Page 16 Sept.2,2016
EXHIBIT
.e: Jefferson Drive at Liberty_jdge
(Project name)
Lexi nPton,.Massachusetts
(City/Town)
North Shore Residential Develooment, Inc,
(Developer)
Maximum S el li ng Prices Initial Condominium Fees and P ercentaRe Interest As sign d to Low
and Moderate Income Units
Sales 'rice Condo.F" % Interest
One bedroom. units $ $
Two bedroom units
Three bedroom. units 2 6, oo.00 $ 2. 6/month °o _
�
Four-bedroom units
Location of Low and Moderate Income Units
The housing units which are Low and Moderate Income Units are those designated as
unit numbers Unit No 1 , 16 & 26 on a plan entitled "Public Benefit Development 'Liberty
Ridge"' Lexington, Massachusetts, prepared for North Shore Residential Development, Inc,
Seale I " = 5 0' dated September 12, 2017, drawn by Sullivan Engineering Group, LLC and fil ed
with the Middlesex South District Registry of Deeds as Plan No. 1009 of 2017.
RA Page 17 Sept.2,2016
L•\DeedRiderSAR-Massachusetts(Universal)
5/3016
LOCAL INITIATIVE PROGRAM
AFFORDABLE HOUSING DEED RIDER
For Projects in Which
Affordability Restrictions Survive Foreclosure
made part of that certain deed (the "Deed") of certain property(the "Property") from
("Grantor") to ("Owner")
dated 120 . The Property is located in the City/Town of
(the "Municipality").
RECITALS
WHEREAS, the Grantor is conveying that certain real property more particularly
described in the Deed to the Owner at a consideration which is less than the fair market value of
the Property; and
WHEREAS, the Property is part of a project which was: [check all that are applicable]
(i) El granted a Comprehensive Permit under Massachusetts General Laws
Chapter 40B, Sections 20-23, from the Board of Appeals of the
Municipality or the Housing Appeals Committee and recorded/filed with
the County Registry of Deeds/Registry District of Land
Court(the "Registry") in Book , Page /Document
No. (the "Comprehensive Permit");
(ii) El subject to a Regulatory Agreement among (the
"Developer"), [ ] Massachusetts Housing Finance Agency
("MassHousi "), [ ] the Massachusetts Department of Housing and
Community Development] ("DHCD") [ ] the Municipality; and [ ]
, dated and recorded/filed
with the Registry in Book , Page /as Document No.
(the "Regulatory Agreement"); and
(iii) subsidized by the federal or state government under the Local
Initiative Program, a program to assist construction of low or moderate
income housing the "Program"); and
WHEREAS, pursuant to the Program, eligible purchasers such as the Owner are given
the opportunity to purchase residential property at less than its fair market value if the purchaser
agrees to certain use and transfer restrictions, including an agreement to occupy the property as a
principal residence and to convey the property for an amount not greater than a maximum resale
price, all as more fully provided herein; and
1
WHEREAS, DHCD (singly, or if more than one entity is listed, collectively, the
"Monitoring Agent")ent") is obligated by the Program or has been retained to monitor compliance
with and to enforce the terms of this Deed Rider, and eligible purchasers such as the Owner may
be required to pay to the Monitoring Agent, or its successor, a small percentage of the resale
price upon the Owner's conveyance of the Property, as set out in the Regulatory Agreement and
as more fully provided herein; and
WHEREAS, the rights and restrictions granted herein to the Monitoring Agent and the
Municipality serve the public's interest in the creation and retention of affordable housing for
persons and households of low and moderate income and in the restricting of the resale price of
property in order to assure its affordability by future low and moderate income purchasers.
NOW, THEREFORE, as further consideration for the conveyance of the Property at less
than fair market value, the Grantor and the Owner, including his/her/their heirs, successors and
assigns, hereby agree that the Property shall be subject to the following rights and restrictions
which are imposed for the benefit of, and shall be enforceable by, the Municipality and the
Monitoring Agent, and, if DHCD is a party to the Regulatory Agreement and is not the
Monitoring Agent, by DHCD.
1. Definitions. In this Deed Rider, in addition to the terms defined above, the
following words and phrases shall have the following meanings:
Affordable Housing Fund means a fund established by the Municipality for the purpose of
reducing the cost of housing for Eligible Purchasers or for the purpose of encouraging, creating,
or subsidizing the construction or rehabilitation of housing for Eligible Purchasers or, if no such
fund exists, a fund established by the Municipality pursuant to Massachusetts General Laws
Chapter 44 Section 53A, et seq.
Applicable Foreclosure Price shall have the meaning set forth in Section 7(b) hereof.
Appropriate Size Household means a household containing a number of members equal to the
number of bedrooms in the Property plus one.
Approved Capital Improvements means the documented commercially reasonable cost of
extraordinary capital improvements made to the Property by the Owner; provided that the
Monitoring Agent shall have given written authorization for incurring such cost prior to the cost
being incurred and that the original cost of such improvements shall be discounted over the
course of their useful life.
Area means the Primary Metropolitan Statistical Area or non-metropolitan area that includes the
Municipality, as determined by HUD, which in this case is
Area Median Income means the most recently published median income for the Area adjusted
for household size as determined by HUD. If HUD discontinues publication of Area Median
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Income, the income statistics used by MassHousing for its low and moderate income housing
programs shall apply.
Base Income Number means the Area Median Income for a four(4)-person household.
Chief Executive Officer shall mean the Mayor in a city or the Board of Selectmen in a town
unless some other municipal office is designated to be the chief executive officer under the
provisions of a local charter.
Closing shall have the meaning set forth in Section 5(b)hereof.
Compliance Certificate shall have the meaning set forth in Section 6(a) hereof.
Conveyance Notice shall have the meaning set forth in Section 4(a) hereof.
Eligible Purchaser means an individual or household earning no more than eighty percent (80%)
of Area Median Income (or, if checked [ ] percent (_%) of Area Median
Income, as required by the Program) and owning assets not in excess of the limit set forth in the
Program Guidelines. To be considered an Eligible Purchaser, the individual or household must
intend to occupy and thereafter must occupy the Property as his, her or their principal residence
and must provide to the Monitoring Agent such certifications as to income, assets and residency
as the Monitoring Agent may require to determine eligibility as an Eligible Purchaser. An
Eligible Purchaser shall be a First-Time Homebuyer if required by the Program and as specified
in the Regulatory Agreement.
First-Time Homeb means an individual or household, of which no household member has
had an ownership interest in a principal residence at any time during the three (3)-year period
prior to the date of qualification as an Eligible Purchaser, except that (i) any individual who is a
displaced homemaker(as maybe defined by DHCD) (ii) and any individual age 55 or over
(applying for age 55 or over housing) shall not be excluded from consideration as a First-Time
Homebuyer under this definition on the basis that the individual, owned a home or had an
ownership interest in a principal residence at any time during the three (3)-year period.
Foreclosure Notice shall have the meaning set forth in Section 7(a) hereof.
HUD means the United States Department of Housing and Urban Development.
Ineligible Purchaser means an individual or household not meeting the requirements to be
eligible as an Eligible Purchaser.
Maximum Resale Price means the sum of(i) the Base Income Number(at the time of resale)
multiplied by the Resale Price Multiplier,plus (ii)the Resale Fee and any necessary marketing
expenses (including broker's fees) as may have been approved by the Monitoring Agent, plus
(iii) Approved Capital Improvements, if any(the original cost of which shall have been
discounted over time, as calculated by the Monitoring Agent); provided that in no event shall the
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Maximum Resale Price be greater than the purchase price for which a credit-worthy Eligible
Purchaser earning seventy percent (70%) of the Area Median Income (or, if checked [ ]
percent (_%) of Area Median Income, as required by the Program) for an
Appropriate Size Household could obtain mortgage financing (as such purchase price is
determined by the Monitoring Agent using the same methodology then used by DHCD for its
Local Initiative Program or similar comprehensive permit program); and further provided that
the Maximum Resale Price shall not be less than the purchase price paid for the Property by the
Owner unless the Owner agrees to accept a lesser price.
Monitoring Services Agreement means any Monitoring Services Agreement for monitoring and
enforcement of this Deed Rider among some or all of the Developer, the Monitoring Agent, the
Municipality, MassHousing and DHCD.
Mortgage Satisfaction Amount shall have the meaning set forth in Section 7(b) hereof.
Mortgagee shall have the meaning set forth in Section 7(a)hereof.
Program Guidelines means the regulations and/or guidelines issued for the applicable Program
and controlling its operations, as amended from time to time.
Resale Fee means a fee of 2% of the Base Income Number(at the time of resale)multiplied by
the Resale Price Multiplier, to be paid to the Monitoring Agent as compensation for monitoring
and enforcing compliance with the terms of this Deed Rider, including the supervision of the
resale process.
Resale Price Certificate means the certificate issued as may be specified in the Regulatory
Agreement and recorded with the first deed of the Property from the Developer, or the
subsequent certificate (if any) issued as may be specified in the Regulatory Agreement, which
sets forth the Resale Price Multiplier to be applied on the Owner's sale of the Property, as
provided herein, for so long as the restrictions set forth herein continue. In the absence of
contrary specification in the Regulatory Agreement the Monitoring Agent shall issue the
certificate.
Resale Price Multiplier means the number calculated by dividing the Property's initial sale price
by the Base Income Number at the time of the initial sale from the Developer to the first Eligible
Purchaser. The Resale Price Multiplier will be multiplied by the Base Income Number at the
time of the Owner's resale of the Property to determine the Maximum Resale Price on such
conveyance subject to adjustment for the Resale Fee, marketing expenses and Approved Capital
Improvements. In the event that the purchase price paid for the Property by the Owner includes
such an adjustment a new Resale Price Multiplier will be recalculated by the Monitoring Agent
by dividing the purchase price so paid by the Base Income Number at the time of such purchase,
and a new Resale Price Certificate will be issued and recorded reflecting the new Resale Price
Multiplier. A Resale Price Multiplier of is hereby assigned to the Property.
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Term means in perpetuity, unless earlier terminated by(i) the termination of the term of
affordability set forth in the Regulatory Agreement or Comprehensive Permit, whichever is
longer; or (ii) the recording of a Compliance Certificate and a new Deed Rider executed by the
purchaser in form and substance substantially identical to this Deed Rider establishing a new
term.
2. Owner-Occupancy/Principal Residence. The Property shall be occupied and used
by the Owner's household exclusively as his, her or their principal residence. Any use of the
Property or activity thereon which is inconsistent with such exclusive residential use is expressly
prohibited.
3. Restrictions Against Leasing, Refinancing and Junior Encumbrances. The
Property shall not be leased, rented, refinanced, encumbered (voluntarily or otherwise) or
mortgaged without the prior written consent of the Monitoring Agent; provided that this
provision shall not apply to a first mortgage granted on the date hereof in connection with this
conveyance from Grantor to Owner securing indebtedness not greater than one hundred percent
(100%) of the purchase price. Any rents, profits, or proceeds from any transaction described in
the preceding sentence which transaction has not received the requisite written consent of the
Monitoring Agent shall be paid upon demand by Owner to the Municipality for deposit to its
Affordable Housing Fund. The Monitoring Agent or Municipality may institute proceedings to
recover such rents,profits or proceeds, and costs of collection, including attorneys' fees. Upon
recovery, after payment of costs, the balance shall be paid to the Municipality for deposit to its
Affordable Housing Fund. In the event that the Monitoring Agent consents for good cause to
any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent
that all rents, profits or proceeds from such transaction, which exceed the actual carrying costs of
the Property as determined by the Monitoring Agent, shall be paid to the Municipality for deposit
to its Affordable Housing Fund.
4. Options to Purchase. (a) When the Owner or any successor in title to the Owner
shall desire to sell, dispose of or otherwise convey the Property, or any portion thereof, the
Owner shall notify the Monitoring Agent and the Municipality in writing of the Owner's
intention to so convey the Property(the "Conveyance Notice"). Upon receipt of the Conveyance
Notice, the Monitoring Agent shall (i) calculate the Maximum Resale Price which the Owner
may receive on the sale of the Property based upon the Base Income Number in effect as of the
date of the Conveyance Notice and the Resale Price Multiplier set forth in the most recently
recorded Resale Price Certificate together with permissible adjustments for the Resale Fee,
marketing expenses and Approved Capital Improvements (as discounted), and(ii) promptly
begin marketing efforts. The Owner shall fully cooperate with the Monitoring Agent's efforts to
locate an Eligible Purchaser and, if so requested by the Monitoring Agent, shall hire a broker
selected by the Monitoring Agent to assist in locating an Eligible Purchaser ready, willing and
able to purchase the Property at the Maximum Resale Price after entering a purchase and sale
agreement. Pursuant to such agreement, sale to the Eligible Purchaser at the Maximum Resale
Price shall occur within ninety(90) days after the Monitoring Agent receives the Conveyance
Notice or such further time as reasonably requested to arrange for details of closing. If the
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Owner fails to cooperate in such resale efforts, including a failure to agree to reasonable terms in
the purchase and sale agreement, the Monitoring Agent may extend the 90-day period for a
period commensurate with the time the lack of cooperation continues, as determined by the
Monitoring Agent in its reasonable discretion. In such event, the Monitoring Agent shall give
Owner written notice of the lack of cooperation and the length of the extension added to the 90-
day period.
(b) The Monitoring Agent shall ensure that diligent marketing efforts are made to locate
an Eligible Purchaser ready, willing and able to purchase the Property at the Maximum Resale
Price within the time period provided in subsection (a) above and to enter the requisite purchase
and sale agreement. If more than one Eligible Purchaser is located, the Monitoring Agent shall
conduct a lottery or other like procedure to determine which Eligible Purchaser shall be entitled
to enter a purchase and sale agreement with Owner and to purchase the Property. Preference
shall be given to Appropriate Size Households. The procedure for marketing and selecting an
Eligible Purchaser shall be approved as provided in the Regulatory Agreement and any
applicable Program Guidelines. If an Eligible Purchaser is located within ninety(90) days after
receipt of the Conveyance Notice, but such Eligible Purchaser proves unable to secure mortgage
financing so as to be able to complete the purchase of the Property pursuant to the purchase and
sale agreement, following written notice to Owner within the 90-day period the Monitoring
Agent shall have an additional sixty(60) days to locate another Eligible Purchaser who will enter
a purchase and sale agreement and purchase the Property by the end of such sixty(60)-day
period or such further time as reasonably requested to carry out the purchase and sale agreement.
(c) In lieu of sale to an Eligible Purchaser, the Monitoring Agent or the Municipality or
designee shall also have the right to purchase the Property at the Maximum Resale Price, in
which event the purchase and sale agreement shall be entered, and the purchase shall occur
within ninety(90) days after receipt of the Conveyance Notice or, within the additional sixty
(60)-day period specified in subsection (b) above, or such further time as reasonably requested to
carry out the purchase and sale agreement. Any lack of cooperation by Owner in measures
reasonably necessary to effect the sale shall extend the 90-day period by the length of the delay
caused by such lack of cooperation. The Monitoring Agent shall promptly give Owner written
notice of the lack of cooperation and the length of the extension added to the 90-day period. In
the event of such a sale to the Monitoring Agent or Municipality or designee, the Property shall
remain subject to this Deed Rider and shall thereafter be sold or rented to an Eligible Purchaser
as maybe more particularly set forth in the Regulatory Agreement.
(d) If an Eligible Purchaser fails to purchase the Property within the 90-day period (or
such further time determined as provided herein) after receipt of the Conveyance Notice, and the
Monitoring Agent or Municipality or designee does not purchase the Property during said period,
then the Owner may convey the Property to an Ineligible Purchaser no earlier than thirty(30)
days after the end of said period at the Maximum Resale Price, but subject to all rights and
restrictions contained herein; provided that the Property shall be conveyed subject to a Deed
Rider identical in form and substance to this Deed Rider which the Owner agrees to execute, to
secure execution by the Ineligible Purchaser and to record with the Deed; and further provided
that, if more than one Ineligible Purchaser is ready, willing and able to purchase the Property the
6
Owner will give preference and enter a purchase and sale agreement with any individuals or
households identified by the Monitoring Agent as an Appropriate Size Household earning more
than eighty percent(80%)but less than one hundred twenty percent (120%) of the Area Median
Income.
(e) The priority for exercising the options to purchase contained in this Section 4 shall be
as follows: (i) an Eligible Purchaser located and selected by the Monitoring Agent, as provided
in subsection (b) above, (ii) the Municipality or its designee, as provided in subsection (c) above,
and(iii) an Ineligible Purchaser, as provided in subsection(d) above.
(f) Nothing in this Deed Rider or the Regulatory Agreement constitutes a promise,
commitment or guarantee by DHCD, MassHousing, the Municipality or the Monitoring Agent
that upon resale the Owner shall actually receive the Maximum Resale Price for the Property or
any other price for the Property.
(g) The holder of a mortgage on the Property is not obligated to forbear from exercising
the rights and remedies under its mortgage, at law or in equity, after delivery of the Conveyance.
Notice.
5. Delivery of Deed. (a) In connection with any conveyance pursuant to an option to
purchase as set forth in Section 4 above, the Property shall be conveyed by the Owner to the
selected purchaser by a good and sufficient quitclaim deed conveying a good and clear record
and marketable title to the Property free from all encumbrances except(i) such taxes for the then
current year as are not due and payable on the date of delivery of the deed, (ii) any lien for
municipal betterments assessed after the date of the Conveyance Notice, (iii)provisions of local
building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record
specified in the deed from the Owner to the selected purchaser, (v) such additional easements,
restrictions, covenants and agreements of record as the selected purchaser consents to, such
consent not to be unreasonably withheld or delayed, (vi) the Regulatory Agreement, and (vii),
except as otherwise provided in the Compliance Certificate, a Deed Rider identical in form and
substance to this Deed Rider which the Owner hereby agrees to execute, to secure execution by
the selected purchaser, and to record with the deed. Said deed shall clearly state that it is
made subject to the Deed Rider which is made Hart of the deed. Failure to comply with the
preceding sentence shall not affect the validity of the conveyance from the Owner to the selected
purchaser or the enforceability of the restrictions herein.
(b) Said deed, including the approved Deed Rider, shall be delivered and the purchase
price paid (the "Closing") at the Registry, or at the option of the selected purchaser, exercised by
written notice to the Owner at least five (5) days prior to the delivery of the deed, at such other
place as the selected purchaser may designate in said notice. The Closing shall occur at such
time and on such date as shall be specified in a written notice from the selected purchaser to the
Owner, which date shall be at least five (5) days after the date on which such notice is given, and
no later than the end of the time period specified in Section 4(a) above.
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(c) To enable Owner to make conveyance as herein provided, Owner may, if Owner so
desires at the time of delivery of the deed, use the purchase money or any portion thereof to clear
the title of any or all encumbrances or interests, all instruments with respect thereto to be
recorded simultaneously with the delivery of said deed. Nothing contained herein as to the
Owner's obligation to remove defects in title or to make conveyance or to deliver possession of
the Property in accordance with the terms hereof, as to use of proceeds to clear title or as to the
election of the selected purchaser to take title, nor anything else in this Deed Rider shall be
deemed to waive, impair or otherwise affect the priority of the rights herein over matters
appearing of record, or occurring, at any time after the recording of this Deed Rider, all such
matters so appearing or occurring being subject and subordinate in all events to the rights herein.
(d)Water and sewer charges and taxes for the then current tax period shall be
apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof
shall be added to or deducted from, as the case may be, the purchase price payable by the
selected purchaser.
(e) Full possession of the Property free from all occupants is to be delivered at the time of
the Closing, the Property to be then in the same condition as it is in on the date of the execution
of the purchase and sale agreement, reasonable wear and tear only excepted.
(f) If Owner shall be unable to give title or to make conveyance as above required, or if
any change of condition in the Property not included in the above exception shall occur, then
Owner shall be given a reasonable time not to exceed thirty(30) days after the date on which the
Closing was to have occurred in which to remove any defect in title or to restore the Property to
the condition herein required. The Owner shall use best efforts to remove any such defects in the
title, whether voluntary or involuntary, and to restore the Property to the extent permitted by
insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after
notice by Owner that such defect has been cured or that the Property has been so restored. The
selected purchaser shall have the election, at either the original or any extended time for
performance, to accept such title as the Owner can deliver to the Property in its then condition
and to pay therefor the purchase price without deduction, in which case the Owner shall convey
such title, except that in the event of such conveyance in accordance with the provisions of this
clause, if the Property shall have been damaged by fire or casualty insured against or if a portion
of the Property shall have been taken by a public authority, then the Owner shall, unless the
Owner has previously restored the Property to its former condition, either:
(A) pay over or assign to the selected purchaser, on delivery of the deed, all
amounts recovered or recoverable on account of such insurance or condemnation
award less any amounts reasonably expended by the Owner for any partial
restoration, or
(B) if a holder of a mortgage on the Property shall not permit the insurance
proceeds or the condemnation award or part thereof to be used to restore the
Property to its former condition or to be so paid over or assigned, give to the
selected purchaser a credit against the purchase price, on delivery of the deed,
8
equal to said amounts so retained by the holder of the said mortgage less any
amounts reasonably expended by the Owner for any partial restoration.
6. Resale and Transfer Restrictions. (a) Except as otherwise provided herein, the
Property or any interest therein shall not at any time be sold by the Owner, or the Owner's
successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all
consideration and payments of every kind given or paid by the selected purchaser of the Property
for and in connection with the transfer of such Property, is equal to or less than the Maximum
Resale Price for the Property, and unless a certificate (the "Compliance Certificate") is obtained
and recorded, signed and acknowledged by the Monitoring Agent which Compliance Certificate
refers to the Property, the Owner, the selected purchaser thereof, and the Maximum Resale Price
therefor, and states that the proposed conveyance, sale or transfer of the Property to the selected
purchaser is in compliance with the rights, restrictions, covenants and agreements contained in
this Deed Rider, and unless there is also recorded a new Deed Rider executed by the selected
purchaser, which new Deed Rider is identical in form and substance to this Deed Rider.
(b) The Owner, any good faith purchaser of the Property, any lender or other party taking
a security interest in such Property and any other third party may rely upon a Compliance
Certificate as conclusive evidence that the proposed conveyance, sale or transfer of the Property
to the selected purchaser is in compliance with the rights, restrictions, covenants and agreements
contained in this Deed Rider, and may record such Compliance Certificate in connection with the
conveyance of the Property.
(c) Within ten (10) days of the closing of the conveyance of the Property from the
Owner to the selected purchaser, the Owner shall deliver to the Monitoring Agent a copy of the
Deed of the Property, including the deed rider, together with recording information. Failure of
the Owner, or Owner's successors or assigns to comply with the preceding sentence shall not
affect the validity of such conveyance or the enforceability of the restrictions herein.
7. Survival of Restrictions Upon Exercise of Remedies b. Mortgagees. (a) The
holder of record of any mortgage on the Property (each, a"Mortgagee") shall notify the
Monitoring Agent, the Municipality and any senior Mortgagee(s) in the event of any default for
which the Mortgagee intends to commence foreclosure proceedings or similar remedial action
pursuant to its mortgage (the "Foreclosure Notice"), which notice shall be sent to the Monitoring
Agent and the Municipality as set forth in this Deed Rider, and to the senior Mortgagee(s) as set
forth in such senior Mortgagee's mortgage, not less than one hundred twenty(120) days prior to
the foreclosure sale or the acceptance of a deed in lieu of foreclosure. The Owner expressly
agrees to the delivery of the Foreclosure Notice and any other communications and disclosures
made by the Mortgagee pursuant to this Deed Rider.
(b) The Owner grants to the Municipality or its designee the right and option to purchase
the Property upon receipt by the Municipality of the Foreclosure Notice. In the event that the
Municipality intends to exercise its option, the Municipality or its designee shall purchase the
Property within one hundred twenty(120) days of receipt of such notice, at a price equal to the
greater of(i) the sum of the outstanding principal balance of the note secured by such foreclosing
Mortgagee's mortgage, together with the outstanding principal balance(s) of any note(s) secured
9
by mortgage(s) senior in priority to such mortgage (but in no event shall the aggregate amount
thereof be greater than one hundred percent (100%) of the Maximum Resale Price calculated at
the time of the granting of the mortgage)plus all future advances, accrued interest and all
reasonable costs and expenses which the foreclosing Mortgagee and any senior Mortgagee(s) are
entitled to recover pursuant to the terms of such mortgages (the "Mortgage Satisfaction
Amount"), and (ii) the Maximum Resale Price (which for this purpose may be less than the
purchase price paid for the Property by the Owner)(the greater of(i) and(ii) above herein
referred to as the "Applicable Foreclosure Price"). The Property shall be sold and conveyed in its
then-current"as is, where is" condition, without representation or warranty of any kind, direct or
indirect, express or implied, and with the benefit of and subject to all rights, rights of way,
restrictions, easements, covenants, liens, improvements, housing code violations, public
assessments, any and all unpaid federal or state taxes (subject to any rights of redemption for
unpaid federal taxes), municipal liens and any other encumbrances of record then in force and
applicable to the Property having priority over such foreclosing Mortgagee's mortgage, and
further subject to a Deed Rider identical in form and substance to this Deed Rider which the
Owner hereby agrees to execute, to secure execution by the Municipality or its designee, and to
record with the deed, except that (i) during the term of ownership of the Property by the
Municipality or its designee the owner-occupancy requirements of Section 2 hereof shall not
apply(unless the designee is an Eligible Purchaser), and(ii) the Maximum Resale Price shall be
recalculated based on the price paid for the Property by the Municipality or its designee, but not
greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is made
subject to the Deed Rider which is made part of the deed. Failure to comply with the
preceding sentence shall not affect the validity of the conveyance from the Owner to the
Municipality or its designee or the enforceability of the restrictions herein.
(c)Not earlier than one hundred twenty(120) days following the delivery of the
Foreclosure Notice to the Monitoring Agent, the Municipality and any senior Mortgagee(s)
pursuant to subsection (a) above, the foreclosing Mortgagee may conduct the foreclosure sale or
accept a deed in lieu of foreclosure. The Property shall be sold and conveyed in its then-current
"as is, where is" condition, without representation or warranty of any kind, direct or indirect,
express or implied, and with the benefit of and subject to all rights, rights of way, restrictions,
easements, covenants, liens, improvements, housing code violations, public assessments, any and
all unpaid federal or state taxes (subject to any rights of redemption for unpaid federal taxes),
municipal liens and any other encumbrances of record then in force and applicable to the
Property having priority over the foreclosing Mortgagee's mortgage, and further subject to a
Deed Rider, as set forth below.
(d) In the event that the foreclosing Mortgagee conducts a foreclosure sale or other
proceeding enforcing its rights under its mortgage and the Property is sold for a price in excess
of the greater of the Maximum Resale Price and the Mortgage Satisfaction Amount, such excess
shall be paid to the Municipality for its Affordable Housing Fund after(i) a final judicial
determination, or(ii) a written agreement of all parties who, as of such date hold (or have been
duly authorized to act for other parties who hold) a record interest in the Property, that the
Municipality is entitled to such excess. The legal costs of obtaining any such judicial
determination or agreement shall be deducted from the excess prior to payment to the
10
Municipality. To the extent that the Owner possesses any interest in any amount which would
otherwise be payable to the Municipality under this paragraph, to the fullest extent permissible
by law, the Owner hereby assigns its interest in such amount to the Mortgagee for payment to the
Municipality.
(e) If any Mortgagee shall acquire the Property by reason of foreclosure or upon
conveyance of the Property in lieu of foreclosure, then the rights and restrictions contained
herein shall apply to such Mortgagee upon such acquisition of the Property and to any purchaser
of the Property from such Mortgagee, and the Property shall be conveyed subject to a Deed
Rider identical in form and substance to this Deed Rider, which the Mortgagee that has so
acquired the Property agrees to annex to the deed and to record with the deed, except that (i)
during the term of ownership of the Property by such Mortgagee the owner-occupancy
requirements of Section 2 hereof shall not apply, and (ii) the Maximum Resale Price shall be
recalculated based on the price paid for the Property by such Mortgagee at the foreclosure sale,
but not greater than the Applicable Foreclosure Price. Said deed shall clearly state that it is
made subject to the Deed Rider which is made part of the deed. Failure to comply with the
preceding sentence shall not affect the validity of the conveyance to the Mortgagee or the
enforceability of the restrictions herein.
(f) If any party other than a Mortgagee shall acquire the Property by reason of foreclosure
or upon conveyance of the Property in lieu of foreclosure, the Property shall be conveyed subject
to a Deed Rider identical in form and substance to this Deed Rider, which the foreclosing
Mortgagee agrees to annex to the deed and to record with the deed, except that (i) if the
purchaser at such foreclosure sale or assignee of a deed in lieu of foreclosure is an Ineligible
Purchaser, then during the term of ownership of the Property by such Ineligible Purchaser, the
owner-occupancy requirements of Section 2 hereof shall not apply, and(ii) the Maximum Resale
Price shall be recalculated based on the price paid for the Property by such third party purchaser
at the foreclosure sale, but not greater than the Applicable Foreclosure Price. Said deed shall
clearly state that it is made subject to the Deed Rider which is made part of the deed.
Failure to comply with the preceding sentence shall not affect the validity of the conveyance to
such third party purchaser or the enforceability of the restrictions herein.
(g)Upon satisfaction of the requirements contained in this Section 7, the Monitoring
Agent shall issue a Compliance Certificate to the foreclosing Mortgagee which, upon recording
in the Registry, may be relied upon as provided in Section 6(b) hereof as conclusive evidence
that the conveyance of the Property pursuant to this Section 7 is in compliance with the rights,
restrictions, covenants and agreements contained in this Deed Rider.
(h) The Owner understands and agrees that nothing in this Deed Rider or the Regulatory
Agreement (i) in any way constitutes a promise or guarantee by MassHousing, DHCD, the
Municipality or the Monitoring Agent that the Mortgagee shall actually receive the Mortgage
Satisfaction Amount, the Maximum Resale Price for the Property or any other price for the
Property, or(ii) impairs the rights and remedies of the Mortgagee in the event of a deficiency.
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(i) If a Foreclosure Notice is delivered after the delivery of a Conveyance Notice as
provided in Section 4(a) hereof, the procedures set forth in this Section 7 shall supersede the
provisions of Section 4 hereof.
8. Covenants to Run With the Property. (a) This Deed Rider, including all
restrictions, rights and covenants contained herein, is an affordable housing restriction as that
term is defined in Section 31 of Chapter 184 of the Massachusetts General Laws, having the
benefit of Section 32 of such Chapter 184, and is enforceable as such. This Deed Rider has been
approved by the Director of DHCD.
(b) In confirmation thereof the Grantor and the Owner intend, declare and covenant (i)
that this Deed Rider, including all restrictions, rights and covenants contained herein, shall be
and are covenants running with the land, encumbering the Property for the Term, and are binding
upon the Owner and the Owner's successors in title and assigns, (ii) are not merely personal
covenants of the Owner, and (iii) shall enure to the benefit of and be enforceable by the
Municipality, the Monitoring Agent and DHCD and their successors and assigns, for the Term.
Owner hereby agrees that any and all requirements of the laws of the Commonwealth of
Massachusetts have been satisfied in order for the provisions of this Deed Rider to constitute
restrictions and covenants running with the land and that any requirements of privity of estate
have been satisfied in full.
9. Notice. Any notices, demands or requests that may be given under this Deed
Rider shall be sufficiently served if given in writing and delivered by hand or mailed by certified
or registered mail,postage prepaid, return receipt requested, to the following entities and parties
in interest at the addresses set forth below, or such other addresses as may be specified by any
party(or its successor) by such notice.
Municipality
Grantor:
Owner:
Monitoring Agent[s]
(1) Director, Local Initiative Program
DHCD
100 Cambridge Street
Suite 300
Boston, MA 02114
12
(2)
Others:
Any such notice, demand or request shall be deemed to have been given on the day it is hand
delivered or mailed.
10. Further Assurances. The Owner agrees from time to time, as may be reasonably
required by the Monitoring Agent, to furnish the Monitoring Agent upon its request with a
written statement, signed and, if requested, acknowledged, setting forth the condition and
occupancy of the Property, information concerning the resale of the Property and other material
information pertaining to the Property and the Owner's conformance with the requirements of the
Comprehensive Permit, Program and Program Guidelines, as applicable.
11. Enforcement. (a) The rights hereby granted shall include the right of the
Municipality and the Monitoring Agent to enforce this Deed Rider independently by appropriate
legal proceedings and to obtain injunctive and other appropriate relief on account of any
violations including without limitation relief requiring restoration of the Property to the
condition, affordability or occupancy which existed prior to the violation impacting such
condition, affordability or occupancy (it being agreed that there shall be no adequate remedy at
law for such violation), and shall be in addition to, and not in limitation of, any other rights and
remedies available to the Municipality and the Monitoring Agent.
(b) Without limitation of any other rights or remedies of the Municipality and the
Monitoring Agent, or their successors and assigns, in the event of any sale, conveyance or other
transfer or occupancy of the Property in violation of the provisions of this Deed Rider, the
Municipality and Monitoring Agent shall be entitled to the following remedies, which shall be
cumulative and not mutually exclusive:
(i) specific performance of the provisions of this Deed Rider;
(ii) money damages for charges in excess of the Maximum Resale Price, if
applicable;
(iii) if the violation is a sale of the Property to an Ineligible Purchaser except
as permitted herein, the Monitoring Agent and the Municipality shall have the
option to locate an Eligible Purchaser to purchase or itself purchase the Property
from the Ineligible Purchaser on the terms and conditions provided herein; the
purchase price shall be a price which complies with the provisions of this Deed
13
Rider; specific performance of the requirement that an Ineligible Purchaser shall
sell, as herein provided, may be judicially ordered.
(iv) the right to void any contract for sale or any sale, conveyance or other
transfer of the Property in violation of the provisions of this Deed Rider in the
absence of a Compliance Certificate, by an action in equity to enforce this Deed
Rider; and
(v) money damages for the cost of creating or obtaining a comparable
dwelling unit for an Eligible Purchaser.
(c) In addition to the foregoing, the Owner hereby agrees and shall be obligated to pay
all fees and expenses (including legal fees) of the Monitoring Agent and/or the Municipality in
the event successful enforcement action is taken against the Owner or Owner's successors or
assigns. The Owner hereby grants to the Monitoring Agent and the Municipality a lien on the
Property,junior to the lien of any institutional holder of a first mortgage on the Property, to
secure payment of such fees and expenses in any successful enforcement action. The Monitoring
Agent and the Municipality shall be entitled to seek recovery of fees and expenses incurred in a
successful enforcement action of this Deed Rider against the Owner and to assert such a lien on
the Property to secure payment by the Owner of such fees and expenses. Notwithstanding
anything herein to the contrary, in the event that the Monitoring Agent and/or Municipality fails
to enforce this Deed Rider as provided in this Section, DHCD, if it is not named as Monitoring
Agent, shall have the same rights and standing to enforce this Deed Rider as the Municipality
and Monitoring Agent.
(d) The Owner for himself, herself or themselves and his, her or their successors and
assigns, hereby grants to the Monitoring Agent and the Municipality the right to take all actions
with respect to the Property which the Monitoring Agent or Municipality may determine to be
necessary or appropriate pursuant to applicable law, court order, or the consent of the Owner to
prevent, remedy or abate any violation of this Deed Rider.
12. Monitoring Agent Services; Fees. The Monitoring Agent shall monitor
compliance of the Project and enforce the requirements of this Deed Rider. As partial
compensation for providing these services, a Resale Fee [�] shall [ ] shall not be payable to the
Monitoring Agent on the sale of the Property to an Eligible Purchaser or any other purchaser in
accordance with the terms of this Deed Rider. This fee, if imposed, shall be paid by the Owner
herein as a closing cost at the time of Closing, and payment of the fee to the Monitoring Agent
shall be a condition to delivery and recording of its certificate, failing which the Monitoring
Agent shall have a claim against the new purchaser, his, her or their successors or assigns, for
which the Monitoring Agent may bring an action and may seek an attachment against the
Property.
13. Actions by Municipality. Any action required or allowed to be taken by the
Municipality hereunder shall be taken by the Municipality's Chief Executive Officer or designee.
14
14. Severability. If any provisions hereof or the application thereof to any person or
circumstance are judicially determined, to any extent, to be invalid or unenforceable, the
remainder hereof, or the application of such provision to the persons or circumstances other than
those as to which it is held invalid or unenforceable, shall not be affected thereby.
15. Independent Counsel. THE OWNER ACKNOWLEDGES THAT HE, SHE, OR
THEY HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND HAS HAD THE
OPPORTUNITY TO CONSULT LEGAL AND FINANCIAL ADVISORS OF HIS, HER OR
THEIR CHOOSING REGARDING THE EXECUTION, DELIVERY AND PERFORMANCE
OF THE OBLIGATIONS HEREUNDER.
16. Binding Agreement. This Deed Rider shall bind and inure to the benefit of the
persons, entities and parties named herein and their successors or assigns as are permitted by
this Deed Rider.
17. Amendment. This Deed Rider may not be rescinded, modified or amended, in
whole or in part, without the written consent of the Monitoring Agent, the Municipality and the
holder of any mortgage or other security instrument encumbering all or any portion of the
Property, which written consent shall be recorded with the Registry.
Executed as a sealed instrument this day of , 200_.
Grantor: Owner:
By By
15
COMMONWEALTH OF MASSACHUSETTS
County, ss.
On this day of , 200 , before me, the undersigned notary public,
personally appeared , the of
in its capacity as the of , proved
to me through satisfactory evidence of identification, which was [a current driver's license] [a
current U.S. passport] [my personal knowledge], to be the person whose name is signed on the
preceding instrument and acknowledged the foregoing instrument to be his or her free act and
deed and the free act and deed of as of
Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
County, ss.
On this day of , 200 , before me, the undersigned notary public,
personally appeared , the of
in its capacity as the of , proved
to me through satisfactory evidence of identification, which was [a current driver's license] [a
current U.S. passport] [my personal knowledge], to be the person whose name is signed on the
preceding instrument and acknowledged the foregoing instrument to be his or her free act and
deed and the free act and deed of as of
Notary Public
My commission expires:
I
16
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Joint Meeting- Board of Selectmen and Housing Partnership Board
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.6
SUMMARY:
1) Liz Rust, Regional Housing Services Office will provide the Board an overview of the Local Initiative
Program"Friendly 40B" process.
2)Nordb lom and Riemer& Braunstein will provide a follow up presentation on the proposal for a Friendly
40B Housing project at 840 Emerson Gardens. For the packet, the attachments are the same as previously
presented to the Board of Selectmen.
SUGGESTED MOTION:
On the first item, this is intended to be educational for the Board and does not require any action.
On the second item, the ap p lic ant has come before the Board previously and are seeking a general consensus
on their conceptual design plans prior to moving forward with plan development.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 8:00 p.m.
ATTACHMENTS:
Description Type
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3 I E M E S .. 1",
Robert C.Buckley
rbuckley @ riemerIaNv.eoni
(6I7)880-3537 direct
(617)692-3537 filx
June 7, 2019
Douglas M. Lucente, Chairman
Board of Selectmen
{ Town of Lexington
S 1625 Massachusetts Avenue
Lexington, MA 02420
RE: 840 Emerson Gardens Road Lexington, MA
Dear Mr. Chairman and Members of the Board of Selectmen:
Please be advised that this firm and the undersigned represents Emerson Gardens LLC ("the
Proponent"), in connection with the property located at 840 Emerson Gardens Road, Lexington, MA
(the "Site"). The Site contains approximately 11.56 acres in the Ro zoning District and is
surrounded on three sides by wetlands and conservation restrictions. The Proponent is under
agreement with the owner of the property to purchase the Site, which was formerly an assisted living
facility.
The Proponent has identified a significant and growing cohort of Lexington residents who
wish to downsize from larger, maintenance-intensive, multi-story residences and live instead in
single-level, elevator-serviced communities —without leaving their hometowns. Planning principles
have shown that sustainable communities offer housing options that allow empty nesters and young
professionals to live near centers of employment and recreation. These are often "renters-by-choice
who demand quality and seek the convenience and carefree lifestyle of a professionally-managed
community.
To this end, our proposal contemplates the creation approximately 150 high-quality, multi-
family housing `flats' which can help address the housing and social needs of the Town (the
"Project"). After considering renovating the existing building, the Proponent suggests that a new
building, with thoughtful architectural design, and enhanced landscaping buffers, would be a more
appropriate investment for the community.
Towards this end, the Proponent desires to collaborate with the Town on the redevelopment of
this important site, which it feels can be best accomplished pursued through the Local Initiative
Program Comprehensive Permit Project, pursuant to Mass General Laws Chapter 40B and the
regulations issued thereunder (a "Friendly 40B"). This Friendly 40.B will embody many of the goals
700 Avg ru-i) B'lidington, MA 01 80 3� `3008
Jun 7, 2019
Fags
and initiatives of the municipality in its effort to create a diversity of housing stock supporting the
increasing needs of the Town.
We enclose for your review an aerial rendering of a POSSIDie new building footprint in, relation.
to the current location. We appreciate your consideration of this matte. Kok for ward to working
w
wawWs
with you.
wuw"w,w. Very your ,
b
Robert C. Buckley
/Encl.
cc06 James J. Malloy, Town Manager
Carol Kowalski, Assistant Town Manager for Development
2483272.2
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Crematory Study Ad Hoc Committee Update
PRESENTER: ITEM
NUMBER:
Suzie Barry, Crematory Study Ad
Hoc Committee Chair I.7
SUMMARY:
Suzie Barry will update the Board with the Ad Hoc Crematory Study Committee progress to date.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 8:50 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Applications: Common Victualler License and Entertainment License - Kalaji Corporation
d/b/a Spice Box, 321 Marrett Road
PRESENTER: ITEM
NUMBER:
Doug Lucente, Chair
I.8
SUMMARY:
The Board is being asked to approve a request for a Common Victualler License for Kalaji Corporation d/b/a
Spice Box, 321 Marrett Road for the hours of 11:00 a.m. to 9:00 p.m. Monday- Friday and 9:00 a.m. to 9:00
p.m. Saturday- Sunday.
The Board is being asked to approve an Entertainment License for Kalaji Corporation d/b/a Spice Box, 321
Marrett Road for the purpose of providing background music and televisions for diners within the restaurant.
The applicant has worked with the Health, Building, Fire and Zoning Departments for their respective required
permits and inspections.
SUGGESTED MOTION:
Move to approve Common Victualler License for Kalaji Corporation d/b/a Spice Box, 321 Marren Road for
the hours of 11:00 a.m. to 9:00 p.m. Monday- Friday and 9:00 a.m. to 9:00 p.m. Saturday- Sunday.
Move to approve an Entertainment License for Kalaji Corporation d/b/a Spice Box, 321 Marrett Road for the
purpose of providing background music and televisions within the restaurant.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 8:55 p.m.
ATTACHMENTS:
Description Type
Kala"("' tion d/1.)/a Sl,,- 13 2019 Cbtntnon.Victualler I...,ic'ense
F) j i -,X)rl,.)0 ra Mce OX........ 1.3kickup Material
Application.
F) Kalaji C-bill,.wation d/b/a Spice Box 2019 Eiftertainn"It,11"it,L.,icense Applicafioi'i 1--kiicku-p Material
"qn.
ri"OWN OF LEXINGTON
WC t4 M I
SELECTMEN'S OFFICE
00
APRIL 19TH
APPLICA"110N ,FOR
COM,,,M.ON' V.1,C'-FUAI-j,ll,l-,ER LICENSE
J"he Board ot'Selecti-nen.issues Comnion Victualler licenses to establishments that cook, prepare
and smie food at tables. Please fill in this form conipletely and retui-ii to the Selectnien"s Office
along with a clieck for $25.00 niade pavable to the Town of 1..;exington, flie. Workers* Compensation
111SUrance Affilda-vitfon.ii, and the declaration page ofvour workers compensat,ion insurance policy.
CORPORATE NAME:
Sul
1):/'B/A-0 _.. AAc. . _____. _ .. _ _ .y _. _...__._.W_ w..... . . _ _...a
ON-SITE MANAGER NAME AND PIJONE NUMBER: f4i RG A—L.- IN (i
BUSINESS ADDDRESS: VNI A9stRE 17, 6;70
EMAIL ADDDRESS:
HOURS:
TV%
ADDITIONAL INFORMATION: o a A vn vo 71 ct AVY-
..........
Authorized Signature Federal Identification No. or
Social Security Nuinber
Submit to Selectmens Office:
1. Application
Check for $25).00 (payable to -Fown of Lexington)
3. Workers" Coinpensation Insurance Affidavit (inchiding copy of
Declaration page of policy)
f
Y
! � 011" 19
U L
TOWN OF LEXINGTON
SELECTMEN'S OFFICE
APPLICATION
ENTERTAINMENT
The Bow-ld of el ctnlen sues :nteilk inm eilt license► to e tabl i. h.ilie is that have lea r wal
exhibitions.ns. a li ()ws,public amusements and cxhlbitions ofevery description oncludi.nu
tole o ease fill in this [orm completely and r tuni to the ele ti-ri n' tftic e atong with a
check for S5.00 made pavable -to the-rown of Lem 11 atoll.
CORPORATE NAME.
ON-SFI-E MANAG"ER NAME ANt) P[JONE NUMBER-,
BUSINESSADDDRESS:
EMAIL ADDRESS:
TYPE OF E��� I. .T..0 ai��.���ENT4i
ADDY'17101N,AL INFORMA"I'V_)N
ie �'A
c
-,onrr rm. mi� rmimnnnrxm nwwmnro�meay.�..mmwwnu uuuwmmxv„�vncumvuvu�.�� �w.w......�.�.._..mn.r+c..m.+..+mo..m.......m�.wmmmmn nm nm nm nm nm nmmn ermmnnrmm�mn mmw.w uw mm nmmm�n w.x�
�.._. _..m.w_� m�.. ,.�.���m,�.a�
Authorized natur Federal de tificat on No. or
Social Securitv Number
Print Nam
SUbmit to tmen"s Office: Date
.. Application
Check for $5.00 (payable to '*I*"own of Lexill gton),
ntert inm ntLicense revised-2/3/2 :1
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Amendment to Board of Selectmen Alcohol Beverage License Regulation
Applicable to Package Stores
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.9
SUMMARY:
The Board is being asked to make the fo llo wing amendments to Board of Selectmen Alcohol Beverage
License Regulation Applicable to Package Stores:
• Remove Memorial Day from Section II.3 regarding the holidays listed for which licensees may not sell
or delivery alc oho lic beverages as per the AB C C Holiday Observed Regulation Calendar.
• Correct a scriveners error from Sunday 12:00 a.m. to Sunday 12:00 p.m. in Section II.4.
SUGGESTED MOTION:
Move to amend Board of Selectmen Alc o ho 1 Beverage L is ens e Regulation Ap p lic ab le to Package Stores by
removing Memorial Day from Section II.3 and correcting Sunday 12:00 a.m. to 12:00 p.m. in Section II.4.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 9:00 P.M.
ATTACHMENTS:
Description Type
F) 1.)raft Anniended Regulation 1.1ackup Material
"..N
F) ABC.IX FkAdays(..)I,.,)served regulations Rickup A-Iterial
BOARD OF SELECTMEN REGULATION
Alcoholic Beverage License Regulations Applicable to Package Stores
Date Approved by BOS: Signature of Chair:
July 22, 2019 ��`�?2. zcsceg&
I. PURPOSE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic beverage
licenses. These regulations set the standards by which the Selectmen will review requests for
package store licenses.
II. GENERAL REQUIREMENTS
1. The alcoholic beverage license must be prominently displayed and available for public
viewing inside the premises.
2. All employees must be 18 years of age or older.
3. Package stores may not sell or deliver alcoholic beverages on N9 ,
Thanksgiving and Christmas (or the next day if Christmas occurs on a Sunday).
4. Unless the Board of Selectmen elects to reduce such hours as a condition of a license, the
hours for selling alcoholic beverages shall not exceed the following: Monday through
Saturday: 8:00 a.m. to 11:00 p.m. or between 8:00 a.m. and 11:30 p.m. on the day
immediately before a legal holiday. Sunday: 12:00 p.m. to 9:00 p.m.
5. No package store license shall be issued to any applicant who has been convicted of a
felony.
6. Package store licenses shall be issued only to retail establishments that specialize in the
sale of alcoholic beverages. Such licenses shall not be issued to grocery stores or
convenience stores. For purposes of this regulation, retail establishments in which
alcoholic beverages constitute 50% or more of their annual sales shall be considered
eligible for a package store license. Upon request from the Board of Selectmen,
applicants and/or license holders shall furnish proof of compliance with this regulation.
7. Automatic amusement devices in compliance with Massachusetts General Laws Chapter
140, § 177A may be kept in licensed premises, provided that each such device is properly
licensed by the Town of Lexington as an automatic amusement device, and is installed on
the premises so as to be kept in open view at all times while in operation, and shall at all
times be available for inspection. No device designed or intended for gambling, gaming
or betting for money or property shall be permitted in a licensed premise, nor shall any
other automatic amusement device be permitted to be used for such purpose. The term
"automatic amusement device" shall mean any mechanism whereby, upon the deposit
therein of a coin or token, any apparatus is released or set in motion or put in a position
where it may be set in motion for the purpose of playing any game involving, in whole or
in part, the skill of the player, including but not limited to such devices commonly known
as pinball machines and video or electronic games.
8. Licenses shall not be issued to establishments located within a residential neighborhood
area.
9. Package store licensees must conspicuously post a list of prices for all alcoholic
beverages being sold on the premises in each room where alcoholic beverages are
displayed or sold.
10. No license shall be sold, transferred or surrendered without the prior approval of the
Board of Selectmen.
11. Pursuant to state law, each applicant, whether an individual, partnership or corporation
(including its affiliated entities), is eligible to receive no more than one package store
license in Lexington.
12. All alcoholic beverage licenses are conditioned on the compliance with all applicable
state and local laws, including but not limited to M.G.L. Chapters 138 and 140, the state
building code, the ABCC Regulations and Lexington's bylaws and regulations.
13. No corporation, organized under the laws of the Commonwealth or any other state or
foreign country, shall be issued a license to sell in any manner any alcoholic beverages
unless such corporation shall have first appointed, by vote of its Board of Directors or
other similar board, as manager or other principal representative, a citizen of the United
States who is 21 years of age or older, and shall have vested in him by properly
authorized and executed written delegation full authority and control over all business
relative to alcoholic beverages which takes place on the premise.
14. Such manager or representative shall be present in the licensed premises and shall be
available to the licensing authorities at all times during which alcoholic beverages are
being sold pursuant to the license of such corporation, unless some other person,
similarly qualified, authorized and satisfactory to the licensing authorities, and whose
authority to act in place of such manager or principal representative shall first have been
certified to the licensing authorities as set forth in paragraph 13, is present in the premises
and acting in the place of such manager or principal representative.
15. The licensee shall have a manager or an assistant manager in charge during open hours
who is a responsible person of good moral character, satisfactory to the licensing
authorities.
16. All managers listed on the license must provide the Board with proof of successful
completion of an accredited alcoholic beverage server training program (such as Training
for Intervention Procedures by Servers (TIPS)). All other employees must complete
similar in-house training within 30 days of hire.
17. The manager or representative is responsible for the order and decorum kept in the
premises and in the immediate surrounding exterior area and must cooperate with Town
Officials. The property is subject to inspection by appropriate Town Officials.
18. If the licensed establishment is closed for more than 7 consecutive days or 10 days in a
calendar year without prior approval, it shall be considered abandonment of the alcoholic
beverage license and is cause for the suspension or revocation of the license.
19. All alcoholic beverage licenses shall be conditioned on strict compliance with these
regulations, and any failure to comply may be cause for refusing to grant or renew a
license or for suspending, canceling, or revoking a license already granted, at the
discretion of the Board of Selectmen after consideration of all relevant circumstances.
III. THE APPLICATION
20. Alcoholic beverage licenses are issued for one year only, subject to annual review and
renewal by the Board.
21. No action shall be taken by the Board of Selectmen on an application until the
information requested on the application form is complete and all license fees are paid.
22. All applicants must submit to the Board of Selectmen with the application a floor plan of
the building on which is clearly marked and designated the location of proposed sales
area and storage area in which approval of the Board of Selectmen for the sale or storage
of alcoholic beverages is requested. Sales and service of alcoholic beverages are
prohibited in any areas or locations not expressly approved by the Board of Selectmen,
and no change in such area or location may be made without prior approval of the Board
of Selectmen.
23. Every application for an alcoholic beverage license made by a corporation shall state the
full names and home addresses of the president, treasurer, clerk and secretary, directors
and manager or other principal representative of the corporation. The application shall be
signed by a corporate officer duly authorized by a vote of the corporation's board of
directors or other similar board. A copy of such vote certified by the clerk or secretary of
the corporation, together with a copy of the certificate of its organization, shall be
submitted with the application. A copy of the vote appointing the corporation's manager
or other principal representative shall also be submitted with the application.
24. All applications for licenses shall be made upon blanks furnished by the licensing
authorities, shall be fully answered in detail and shall be typewritten or legibly written in
ink. Applications written in pencil, in whole or in part, will not be accepted.
25. Statements and information provided in all applications shall be made under the pains
and penalties of perjury and any false statement contained in any application shall be
cause for refusing to grant or renew the alcoholic beverage license or for suspending,
canceling or revoking an alcoholic beverage license already granted.
26. The annual license fee is due at the time of applying for or renewing an alcoholic
beverage license. Annual fees are as follows:
(a) All Alcohol - $2,000, and;
(b) Wine and Malt Only- $2,000.
27. For a new license or change of license, a $100 administrative fee is due at the time of
application.
28. If an applicant is denied a license, a new application shall not be received for 12 months
unless a Board of Selectmen member, who previously voted against the application,
moves to allow resubmission and such motion prevails.
IV.BACKGROUND
V. REFERENCES
Adopted by the Board of Selectmen on November 8, 2004.
Amended by the Board of Selectmen on February 15, 2005.
Amended by the Board of Selectmen on May 14, 2007 (No. 6—from 75% to 50%)
Amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Licensing Guidelines
BOARD OF SELECTMEN REGULATION
Alcoholic Beverage License Regulations Applicable to Package Stores
Date Approved by BOS: Signature of Chair:
July 22, 2019 ��`�?2. zcsceg&
I. PURPOSE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic beverage
licenses. These regulations set the standards by which the Selectmen will review requests for
package store licenses.
II. GENERAL REQUIREMENTS
1. The alcoholic beverage license must be prominently displayed and available for public
viewing inside the premises.
2. All employees must be 18 years of age or older.
3. Package stores may not sell or deliver alcoholic beverages on Thanksgiving and
Christmas (or the next day if Christmas occurs on a Sunday).
4. Unless the Board of Selectmen elects to reduce such hours as a condition of a license, the
hours for selling alcoholic beverages shall not exceed the following: Monday through
Saturday: 8:00 a.m. to 11:00 p.m. or between 8:00 a.m. and 11:30 p.m. on the day
immediately before a legal holiday. Sunday: 12:00 p.m. to 9:00 p.m.
5. No package store license shall be issued to any applicant who has been convicted of a
felony.
6. Package store licenses shall be issued only to retail establishments that specialize in the
sale of alcoholic beverages. Such licenses shall not be issued to grocery stores or
convenience stores. For purposes of this regulation, retail establishments in which
alcoholic beverages constitute 50% or more of their annual sales shall be considered
eligible for a package store license. Upon request from the Board of Selectmen,
applicants and/or license holders shall furnish proof of compliance with this regulation.
7. Automatic amusement devices in compliance with Massachusetts General Laws Chapter
140, § 177A may be kept in licensed premises, provided that each such device is properly
licensed by the Town of Lexington as an automatic amusement device, and is installed on
the premises so as to be kept in open view at all times while in operation, and shall at all
times be available for inspection. No device designed or intended for gambling, gaming
or betting for money or property shall be permitted in a licensed premise, nor shall any
other automatic amusement device be permitted to be used for such purpose. The term
"automatic amusement device" shall mean any mechanism whereby, upon the deposit
therein of a coin or token, any apparatus is released or set in motion or put in a position
where it may be set in motion for the purpose of playing any game involving, in whole or
in part, the skill of the player, including but not limited to such devices commonly known
as pinball machines and video or electronic games.
8. Licenses shall not be issued to establishments located within a residential neighborhood
area.
9. Package store licensees must conspicuously post a list of prices for all alcoholic
beverages being sold on the premises in each room where alcoholic beverages are
displayed or sold.
10. No license shall be sold, transferred or surrendered without the prior approval of the
Board of Selectmen.
11. Pursuant to state law, each applicant, whether an individual, partnership or corporation
(including its affiliated entities), is eligible to receive no more than one package store
license in Lexington.
12. All alcoholic beverage licenses are conditioned on the compliance with all applicable
state and local laws, including but not limited to M.G.L. Chapters 138 and 140, the state
building code, the ABCC Regulations and Lexington's bylaws and regulations.
13. No corporation, organized under the laws of the Commonwealth or any other state or
foreign country, shall be issued a license to sell in any manner any alcoholic beverages
unless such corporation shall have first appointed, by vote of its Board of Directors or
other similar board, as manager or other principal representative, a citizen of the United
States who is 21 years of age or older, and shall have vested in him by properly
authorized and executed written delegation full authority and control over all business
relative to alcoholic beverages which takes place on the premise.
14. Such manager or representative shall be present in the licensed premises and shall be
available to the licensing authorities at all times during which alcoholic beverages are
being sold pursuant to the license of such corporation, unless some other person,
similarly qualified, authorized and satisfactory to the licensing authorities, and whose
authority to act in place of such manager or principal representative shall first have been
certified to the licensing authorities as set forth in paragraph 13, is present in the premises
and acting in the place of such manager or principal representative.
15. The licensee shall have a manager or an assistant manager in charge during open hours
who is a responsible person of good moral character, satisfactory to the licensing
authorities.
16. All managers listed on the license must provide the Board with proof of successful
completion of an accredited alcoholic beverage server training program (such as Training
for Intervention Procedures by Servers (TIPS)). All other employees must complete
similar in-house training within 30 days of hire.
17. The manager or representative is responsible for the order and decorum kept in the
premises and in the immediate surrounding exterior area and must cooperate with Town
Officials. The property is subject to inspection by appropriate Town Officials.
18. If the licensed establishment is closed for more than 7 consecutive days or 10 days in a
calendar year without prior approval, it shall be considered abandonment of the alcoholic
beverage license and is cause for the suspension or revocation of the license.
19. All alcoholic beverage licenses shall be conditioned on strict compliance with these
regulations, and any failure to comply may be cause for refusing to grant or renew a
license or for suspending, canceling, or revoking a license already granted, at the
discretion of the Board of Selectmen after consideration of all relevant circumstances.
III. THE APPLICATION
20. Alcoholic beverage licenses are issued for one year only, subject to annual review and
renewal by the Board.
21. No action shall be taken by the Board of Selectmen on an application until the
information requested on the application form is complete and all license fees are paid.
22. All applicants must submit to the Board of Selectmen with the application a floor plan of
the building on which is clearly marked and designated the location of proposed sales
area and storage area in which approval of the Board of Selectmen for the sale or storage
of alcoholic beverages is requested. Sales and service of alcoholic beverages are
prohibited in any areas or locations not expressly approved by the Board of Selectmen,
and no change in such area or location may be made without prior approval of the Board
of Selectmen.
23. Every application for an alcoholic beverage license made by a corporation shall state the
full names and home addresses of the president, treasurer, clerk and secretary, directors
and manager or other principal representative of the corporation. The application shall be
signed by a corporate officer duly authorized by a vote of the corporation's board of
directors or other similar board. A copy of such vote certified by the clerk or secretary of
the corporation, together with a copy of the certificate of its organization, shall be
submitted with the application. A copy of the vote appointing the corporation's manager
or other principal representative shall also be submitted with the application.
24. All applications for licenses shall be made upon blanks furnished by the licensing
authorities, shall be fully answered in detail and shall be typewritten or legibly written in
ink. Applications written in pencil, in whole or in part, will not be accepted.
25. Statements and information provided in all applications shall be made under the pains
and penalties of perjury and any false statement contained in any application shall be
cause for refusing to grant or renew the alcoholic beverage license or for suspending,
canceling or revoking an alcoholic beverage license already granted.
26. The annual license fee is due at the time of applying for or renewing an alcoholic
beverage license. Annual fees are as follows:
(a) All Alcohol - $2,000, and;
(b) Wine and Malt Only- $2,000.
27. For a new license or change of license, a $100 administrative fee is due at the time of
application.
28. If an applicant is denied a license, a new application shall not be received for 12 months
unless a Board of Selectmen member, who previously voted against the application,
moves to allow resubmission and such motion prevails.
IV.BACKGROUND
V. REFERENCES
Adopted by the Board of Selectmen on November 8, 2004.
Amended by the Board of Selectmen on February 15, 2005.
Amended by the Board of Selectmen on May 14, 2007 (No. 6—from 75% to 50%)
Amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Licensing Guidelines
Commonwealth of Massachusetts
� ry, µ Alcoholic Beverages Control Commission
0,
239 Causeway Street
Boston Massachusetts 02114
TeL (617)
72 7--3040
� .
�Ickp
w Fax: (617) 72 7--1510
Jean M. Lorizio, Esq.
Chairman
CALENDAR YEAR 2019 LEGAL HOLIDAYS AND DATES OF OBSERVANCE
1. ALL LICENSEES MAY sell or deliver alcoholic beverages on the following holidays:
New Year's Day Tuesday,January 1
Martin Luther King,Jr. Day Monday, January 21
Presidents' Day Monday,February 18
Evacuation Day Sunday, March 17
Patriots' Day Monday,April 15
Bunker Hill Day Monday,June 17
Independence Day Thursday, July 4
Labor Day Monday, September 2
Columbus Day Monday, October 14
Veterans' Day Monday,November 11
2. OFF-PREMISES LICENSEES (M.G.L. c. 138, §15) MAY remain open until 11:30 p.m.
the day BEFORE all holidays.
3. OFF-PREMISES (M.G.L. c. 138, §15) LICENSEES MAY NOT sell or deliver alcoholic
beverages on the following holidays:
Thanksgiving Day Thursday,November 28
Christmas Day Wednesday, December 25
4. OFF-PREMISES LICENSEES (M.G.L. c. 138, §15) MAY NOT sell alcoholic beverages
until 12:00 noon on the following holiday:
Memorial Day Monday, May 27
5. ON-PREMISES LICENSEES (M.G.L. c. 138, §12) MAY NOT sell alcoholic beverages
until 12:00 noon on the following holidays:
Memorial Day Monday,May 27
Christmas Day Wednesday,December 25
6. MANUFACTURERS* and WHOLESALERS MAY NOT sell or deliver alcoholic
beverages on the following holidays:
Thanksgiving Day Thursday, November 28
Christmas Day Wednesday,December 25
*Except to §14 licensees (Wholesalers only)
7. MANUFACTURERS and WHOLESALERS MAY NOT sell or deliver alcoholic
beverages until 12:00 noon on the following holiday:
Memorial Day Monday, May 27
(Issued date October 19, 2018)
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Accept the Terms of the Artis Benevolent Fund
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.10
SUMMARY:
The Board is being asked to accept the terms of the Artis B enevo lent Fund that will be managed by the
Trustees of Public Trusts.
SUGGESTED MOTION:
Move to accept the terms of the Artis B enevo lent Fund that will be managed by the Trustees of Public Trusts.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 9:05 p.m.
ATTACHMENTS:
Description Type
Artis Senior Living,LLC&affiliates
1651 Old Meadow Road,Suite 100
McLean,VA 22102
571.376.6200
ARTI S
SENIOR,LIVLN'G
Mr.Alan S.Fields February 25.,2019
Chairman
Trustees of Public Trusts
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Dear Mr.Fields,
Artis Senior Living of Lexington, LLC("Artis"}is,a memory care facility located at 430 Concord Avenue in
Lexington,Massachusetts. As part of the Memorandum of Understanding("MOU")signed on June 16,
2014 by the Lexington Board of Selectmen and Artis..Artis must establish a fund with the Trustees of
Public Trusts. The MOU provided that:
Applicant[Artis]shall establish a fund of$150,.000 dedicated to providing financial assistance to
residents of the Applicant's facility who have exhausted their financial resources in order that they may
continue to reside in the Applicant's facility to be administered by the Trustees of Pubic Trusts,subject
to rules and procedures developed in consultation with and approved by the Applicant. Said fund shall
be established pursuant to the following schedule of payments: $50,000 funded upon the issuance of
the Certificate of Occupancy on January 11.,2019,$50,000 no later than January 11,2022,the third
anniversary date of the Certificate of Occupancy,and the remaining$50..000 no later than January 11,
2024,on the fifth anniversary of the date of the Certificate of Occupancy.
The following are the terms and conditions of the fund:
1. The Trustees will hold and invest the funds as part of the common trust funds administered by
them for the Town of Lexington. The fund shall be known as the Artis Benevolent Fund.
2. The purpose of the fund is to provide financial assistance to residents who through no fault of
their own have out lived their resources. The assistance is to supplement the resources a
resident can provide to pay for his or her care at Artis including any supplemental care provided
by Artis or a third party which enables a resident to remain at Artis.
Assistance is available to any resident who has applied for and been approved for a subsidy for
the cost of his or her care at Artis by.a committee appointed as specified below and who has
resided at Artis for at least twenty-four(24)months.
3. The committee to consider applications and designate appro* priate recipients shall consist of:
a. Executive Director of Artis or his or her designee;
WWW.ARTISSLCOM
b. Director of thje Town of Lexington Human Services Department or his or her
designee;and
c. Chair of the Lexington Board of Selectmen or his or her designee.
The committee shall present its recommendations to the Trustees of Public Trusts in writing.A
majority vote of the Trustees of Public Trusts is required to authorize any funding recommended
by the committee.
4. Until the date at which Artis has contributed a minimum of$150.,000 to the fund,all income and
capital gains shall be transferred yearly to principal.It is the intention that the fund benefit
multiple individuals and that it remains a resource for the foreseeable future. In no event shall
any one Artis resident receive assistance totaling more than 200%of the average monthly cost
of his or her care over the preceding 24 months.With the foregoing in mind,the Trustees of
Public Trust have the discretion to disburse funds from both principal and interest.
5. When requested..the Trustees of Public Trusts will provide an accounting to Artis Senior Living.,
LLC.
6. At any time, members of the community,.Artis,or private individuals may supplement the fund
by tax deductible donations and memorial donations. All donations to the fund must be sent to
Artis for acknowledgment and then forwarded to the Trustees of Public Trusts at the Selectmen
Office,,1620 Massachusetts Avenue, Lexington, MA 02420.
7. Should Artis or its successors cease to operate a senior living care facility in Lexington,the
entirety of the fund will be designated to the benefit of the Town of Lexington Human Services
fund held by the Trustees of Public Trusts.
Sincerely,
Artis Senior Living of Lexington.. LLC..a Delaware limited liability company-
By:Artis NE Manager,, LLC,a Delaware limited liability company,its Manager
A
By.
Name:Donald E.Feltman
Title: Manager
WWW.ARTISSL.COM
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Conflict of Interest Determination: David Williams - Board of Appeals
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.11
SUMMARY:
Mr. Williams has filed with the Board of Selectmen a Disclosure Form for Determination of Financial I ntere s t
as it relates to his participation at the Board of Appeals 7/25/19 Hearing, regarding the matter of the special
permit for Barrett Sotheby's International Realty.
UPDATE -No Action is needed for this request, Barrett Sotheby's has submitted a withdrawal of its Special
Permit application to the Zoning Board of Appeals.
SUGGESTED MOTION:
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019 9:10 P.M.
ATTACHMENTS:
Description Type
DISCLOSURE BY NON-ELECTED MUNICIPAL EMPLOYEE OF FINANCIAL INTEREST
AND DETERMINATION BY APPOINTING AUTHORITY
AS REQUIRED BY G. L. c. 268A, § 19
MUNICIPAL EMPLOYEE INFORMATION
Name: ,,4=1
Title or Position: ?,,7?e
.0�p, 6e0orZ 0 CL tL A?-a
Municipal Agency:
a
Agency Address: 16 o� 6- --))e) 44" xv-e
r
Office Phone: ► .�
................. IF
Office E-mail:
My duties require me to participate in a particular matter, and I may not participate because of a
financial interest that I am disclosing here. I request a determination from my appointing authority
about how I should proceed.
PARTICULAR MATTER
Particular matter Please describe the particular matter.
crn TAI a5- Pr S o'TN9 8,Y
E.g.,a judicial or other xoil �*WL L AldTA-ml
proceeding,application, �
V."o nowd' r" f,
submission,requestt,� WP
for a ruling or other
determination,contract, . •
claim,controversy, /_60 OW �
charge,accusation, A0011.1
arrest,decision,
determination,or finding.
Your required Please describe the task you are required to perform with respect to the particular matter.
participation in them �y�.y� .�
i �
particular matter: _ J__
1Nv��x
E.g.,approval, LIOZV C
disapproval,decision,
recommendation,
rendering advice,
investigation,other. /
FINANCIAL INTEREST IN THE PARTICULAR MATTER
Write an X by all
that apply. I have a financial interest in the matter.
My immediate family member has a financial interest in the matter.
My business partner has a financial interest in the matter.
I am an officer, director,trustee, partner or employee of a business organization, and the
business organization has a financial interest in the matter.
I am negotiating or have made an arrangement concerning future employment with a person
or organization, and the person or organization has a financial interest in the matter.
Financial interest Please explain the financial interest and include a dollar amount if you know it.
in the matter
JZ�A&IV
1W
Employee signature:
Date:
I f
DETERMINATION BY APPOINTING OFFICIAL
APPOINTING AUTHORITY INFORMATION
Name of Appointing
Authority:
Title or Position:
Agency/Department:
Agency Address:
Office Phone:
Office E-mail
DETERMINATION
Determination by
appointing authority:
Appointing Authority
signature:
Date:
Comment:
Attach additional pages if necessary.
The appointing authority shall keep this Disclosure and Determination as a public record.
Form revised February,2012
1686 MASSACHUSETTS AVENUE
LEGAL NOTICE
The BOARD OF APPEALS will old
Public hearing on THURSDAY,h July
y
25,2019, in the Selectmen's Meeting
ROOM, 1625 Massachusetts Avenue,
at 7:00 PM on the
CADIGAN 6F BAAFJ9 SOTHEBY'
tition of JOHN
S
INTERNATIONAL REALTY for a SPE-
CIAL PERMIT in accordance with the
Zoning By-Law{Chapter 135 of the Code Of Lexington}sections 135-9.4
and 135-3.1.6 to allow a Real Estate
Office in the CB Zoning District.
At the hearing,any party,orhntotr e
tled to notice thereof , may
appear in person or be represented by
agent or attorney.
Ralph D.Clifford,Chair
Zoning Board of Appeals
AD#13814455
Lexington Minuteman 7/11,7/181/19
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor License
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY:
The Cary Memorial Library Foundation has requested a one-day liquor license to serve beer and wine for the
purpose of their Library After Dark Musical Event to be held at Cary Memorial Library, 1874 Massachusetts
Avenue, on Saturday, September 21, 2019. The beer and wine will be served from 7:00 p.m. to 9:00 p.m.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
7/22/2019
ATTACHMENTS:
Description Type
1
1
�t.
d%
,J 1,J L 0 8 2"0 19
QVS M�'pIV��
TOWNAI OF LEXINGTON
SELECTMEN'S OFFICE
APRIL ptN
APPLICATION FOR 0
ONE-DAY LIOUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: &V9 &Atm0r,'el L)brer-j �d�"��h'•
CONTACT NAME AND NUMBER: t rc C.l 1(� �►
ADDRESS FOR MAILING: MASS. A\Ity\ vt,, Lt-K,1, 110,1 6 ,-), \I ,-. o
EMAIL ADDRESS:
TITEE/PUR.POSE OF EVENT: L i brov, f flu bay is m u f j cc
LOCATION AND ADD • �r L'i � r�� t 1 �� '� ��� � ARESS. C'..
DATE OF FUNCTION:
TIMES OF FUNCTION:
TYPE F LIQUOR O QUOR.TO BE SERVED:
DATE .AND TIME WHEN LIQUOR DELIVERED: 1 el
DATE AND TIME WHEN LIQUOR REMOVED: y" v
ADDITIONAL INFORMATION:
Authorized Signature Federal Identification No. or
Social Security Number