HomeMy WebLinkAbout2019-08-05 BOS Packet - Released SELECTMEN'S MEETING
Monday, August 5, 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. Commission on Disability Proposal for Streetscape Ramps 7:05 p.m.
2. Grant of Location for Verizon Pole: Lincoln Street 7:25 p.m.
3. Public Hearing Liquor License Transfer, Change of Manager and Alteration of 7:30 p.m.
Premise - 3 Maguire Road - CFHP The Hangar, LLC d/b/a Food Hall Project
4. 186 Bedford Street Memorandum Of Understanding 7:50 p.m.
5. Proposed Sustainable Lexington Committee Charge Amendment 8:05 p.m.
6. Amendment to Board of Selectmen Alc o ho 1 Beverage License Regulation 8:15 p.m.
Applicable to Package Stores
7. Applications: LABBB Collaborative/Steve Eastridge for Lexington Battle Green 8:20 p.m.
Culinary Oktoberfest
• Entertainment License
• Public Entertainment on Sunday License
• One-Day Liquor License
8. Proposed Board of Selectmen Proclamation Guidelines and Procedures 8:25 p.m.
9. Recycling IQ Grant Vote 8:35 p.m.
10. Selectmen Committee Resignation 8:40 p.m.
11. Discuss Board of Selectmen Future Meeting Dates 8:45 p.m.
CONSENT AGENDA
1. Approve One-Day Liquor License
2. Water& Sewer Commitments &Adjustments
EXECUTIVE SESSION
1. Executive Session- Exemption 6: Consider Purchase of Two Real Properties
ADJOURN
1. Anticipated Adjournment 9:15 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,August
191 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 Leyf qedil*a
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Commission on Disability Proposal for Streetscape Ramps
PRESENTER: ITEM
Dave Pinsonneault Director of Public NUMBER:
Works & Victoria Buckley, Chair of
Commission on Disability
SUMMARY:
Dave Pinsonneault, Director of Public Works will discuss the ramp choice for the Center Streetscape Project.
Victoria Buckley will be present to inform the Board of the Commission's position on the current proposal.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 7:05 p.m.
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Grant of Location for Verizon Pole: Lincoln Street
PRESENTER:TER• ITEM
S
NUMBER:
William Wallace, UC Synergetic
I.2
SUMMARY:
VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE
ENERGY request permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys
and other such sustaining and protecting fixtures, to be owned and used in common by your petitioners, along
and across public way
Lincoln Street:
Relocation of one (1) JO pole, P.S S/16, on the northerly side of Lincoln Street to a point approximately 42'
easterly from its current location on the northerly side of Lincoln Street.
Placement one (I) JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 42'
westerly from the current location of existing pole, P.5 S/16, located on the northerly side of Lincoln Street.
This pole p lac ement is necessary to provide new services.
SUGGESTED MOTION:
Move to approve the Relocation of one (1) JO pole, P.S S/16, on the northerly side of Lincoln Street to a point
approximately 42' easterly from its current location on the northerly side of Lincoln Street; and the
Placement one (I) JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 42'
westerly from the current location of existing pole, P.5 S/16, located on the northerly side of Lincoln Street.
FOLLOW-UP:
S treet op ening p ermits with Engineering will b e required to dig in right o f way
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 7:25 p.m.
ATTACHMENTS:
Description Type
F) Abutter notice Gwer VIlenio
F) Petition and Phan Cx..)v e r Mll e mo
NOTICE TO ABUTTERS
July 11, 2019
You are hereby notified that a public hearing will be held in the Selectmen's Meeting
Room, 2nd Floor, Town Office Building, of the Town of Lexington, Massachusetts, on
Monday, August 5th at 7:00 p.m. upon the proposal of Verizon/Eversource to install one
pole in the following public way of said Town:
Lincoln St:
Relocation of one (1) JO pole, P.SS/16, on the northerly side of Lincoln Street to a
point approximately 42' easterly from its current location on the northerly side of
Lincoln Street.
Placement one (1) JO pole, P.55/16A, on the northerly side of Lincoln Street to a
point approximately 42' westerly from the current location of existing pole, P.5S/16,
located on the northerly side of Lincoln Street.
This pole placement is necessary to provide new services.
Tricia-Vlalatesta
Engineering Aide
Department of Public
Works/Engineering
Please direct inquiries to:
Karen Levesque
Right of Way Manager, Verizon
77 4-409-3170
Copies to:
Karen Levesque
Right of Way Manager, STEVENSON JEREMY N & SIMON SAMUEL E & JILL
Verizon FARHANA R ZIMMER
385 Myles Standish Blvd 4 Hampton Road 44 Lincoln St.
Taunton, MA 02780 Lexington, MA 02421 Lexington, MA 02421
VITUNIC MARK ROBERT & TEMPLE ISAIAH WILKES ANNEMARIE &
HARITON-VITUNIC MARIE 55 Lincoln St. FLEMING THOMAS J TRS
CHRISTINE Lexington, MA 02421 THE 40 LINCOLN STREET
39 Lincoln St. NOMINEE TR
Lexington, MA 02421 BRENCHICK WILLIAM P & 40 Lincoln St.
MARK Lexington, MA 02421
POPIEL JAN &ANNA 48 Lincoln St.
41 Lincoln St. Lexington, MA 02421 NANNIS ELLEN D TRUSTEE
Lexington, MA 02421 PROMISE CODY REALTY
WANG ZUNCAI & TRUST
HARIS CLINTON M & LI YANGFENG 38 Lincoln St.
RICH BRENCH L HARIS 46 Lincoln St. Lexington, MA 02421
43 Lincoln St. Lexington, MA 02421
Lexington, MA 02421
r.
145
Karen Levesque ,
Right of Way Manager
VV "i��
385 Myles Standish Blvd
Taunton,MA 02780
Office 774-409-3170
Mobile 774-504-1279
Karen.levesque@one.verizon.com
July 2, 2019
Lexington Board of Selectmen
Town Office Building, 2"d Floor
1625 Massachusetts Avenue
Lexington, MA 02420
RE o. Petition for Verizon jab#4AOH4Tt 1
Lincoln Street
Dear Honorable Board of Selectmen:
Enclosed find the following items in support of the above-referenced project:
1. Petition;
2. Petition Plan;
3. Order;
4. abutters.
A Public :Hearing and notice to abutters is required. A Verizon representative will
attend the Public Hearing. Should any questions or comments arise concerning this
matter prior to the hearing, please contact me at 774-409-31"'70. Your assistance is greatly
appreciated.
Sincerely,
Karen Levesque
Right of Way Manager
Enc
PETITION FOR JOINT OR IDENTICAL POLE LOCATIONS
June 28,2019
To the Board of Selectmen
in LEXINGTON, Massachusetts
VERIZON NEW ENGLAND INC.and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE
ENERGY request permission to locate poles,wires,cables and fixtures including the necessary anchors,
guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners,
along and across the following public way or ways:
Lincoln Street:
Relocation of one(1)JO pole,P.55/16,on the northerly side of Lincoln Street to a
point approximately 42' easterly from its current location on the northerly side of
Lincoln Street.
Placement one(1)JO pole,P.55/16A,on the northerly side of Lincoln Street to a
point approximately 421 westerly from the current location of existing pole,P.55/16,
located on the northerly side of Lincoln Street.
This pole placement is necessary to provide new services.
Wherefore they pray that after due notice and hearing as provided by law,they be granted joint or
identical locations for and permission to erect and maintain poles,wires and cables,together with anchors,
guys and other such sustaining and protecting fixtures as they may find necessary,said poles to be erected
substantially in accordance with the plan filed herewith marked-VZ N.E. Inc. Plan No.4AOH4TQ Dated
June 28,2019.
Also for permission to lay and maintain underground laterals,cables and wires in the above or
intersecting public ways for the purpose of making connections with such poles and buildings as each of
said petitioners may desire for distributing purposes.
Your petitioners agree that space shall be reserved and maintained for the limited purpose of
attaching one-way low voltage fire and police signaling wires owned by the municipality or governmental
entity for public safety purposes only.
VERIZON NEW ENGI-AND INC.
By t
wren Levesque-wManager-(�fights of Way
Dated this Z4tday of L td%Q 2019.
NSTfAR-E EC ,,. C"A' O)CIPANY D/BIAEVERSOURCE ENERGY
By
Right of Way Representative
001W%
Dated this b_(IdaY of 2019.
Page I of i
0
verizon\' PETITION PLAN
MUNICIPALITY LEXINGTON VZ. N.E. INC. NO. 4AOH4TQ
VERIZON NEW ENGLAND,INC AND DATE : JUNE 28,2019
NSTAR ELECTRIC COMPANY DIBIA EVERSOURCE ENERGY
SHOWING PROPOSED RELOCATION OF ONE POLE AND INSTALLATION OF ONE NEW POLE ON LINCOLN STREET
NORTH
43 Lincoln St.
E PARCEL: 50/ 24C/ 39 Lincoln St.
PARCEL: 50//25/
1.00,
1#1 41 Lincoln St.
100
\PARCEL: 50/f 2413/
0000'
45 Lincoln St.
PARCEL: 50//23/ 10,
38 Lincoln St.
Existing Pole PARCEL.- 50/ 4AI
P.55/16 to be
Relocated
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New Pole "'%k 1141/ v 40 Lincoln St. ,�
55 Lincoln St. P.55/16A to PARCEL: 50/ 5/
be Placed
PARCEL: 50/ 2213/
Existing Pole
P.55/17 to be
Remain
44 Lincoln St.
A** .PARCEL: 50/ 250/
14
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46 Lincoln St.
PARCEL: 50/ 6/
Q C 0
41#4
48 Lincoln St.
PARCEL: 50//7/
NOT TQ SCALE
LEGEND
------- EXISTING JOINTLY OWNED POLE
PROPERTY LINE
TO BE RELOCATED
EDGE OF PAVEMENT EXISTING JOINTLY OWNED POLE
TO REMAIN
EDGE OF ROADWAY AIX PROPOSED NEW JOINTLY OWNED POLE TO
W REINSTALLED
ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS
By the Board of Selectmen of the Town of LEXINGTON, Massachusetts.
Notice having been given and a public hearing held,as provided by law,
IT IS HEREBY ORDERED:
that VERIZON NEW EN LAND INC. and NSTAR ELECTRIC COMPANY D/B/A
EVERS OURCE ENERGY be,and they are hereby granted joint or identical locations for and
permission to erect and maintain poles and their respective wires and cables to be placed thereon,together
with anchors guys and other such sustaining and protecting fixtures as said Companies may deem necessary,
in public way or ways hereinafter referred to,as requested in petition of said Companies dated the 14th day
of June,2019.
Lincoln Street:
Relocation of one(1)JO pole,P.55/16, on the northerly side of Lincoln Street to a
point approximately 42' easterly from its current location on the northerly side of
Lincoln Street.
Placement one(1)JO pole,P.55/16A, on the northerly side of Lincoln Street to a
point approximately 42' westerly from the current location of existing pole,P.55/16,
located on the northerly side of Lincoln Street.
This pole placement is necessary to provide new services.
%V
All construction under this order shall be in accordance with the following conditions:
Poles shall be of sound timber,,and reasonably straight and shall be set substantially at the points
indicated upon the plan marked-VZ N. E. Inc.No.4AOH4TQ in a package Dated June 28, 2019 -filed
with said petition.
The following are the public ways or parts of ways along which the poles above referred to may be
erected,and the number of poles,which may be erected thereon under this order:
Lincoln
I JO pole to be relocated
I JO pole to be placed
Also that permission be and hereby is granted to each of said Companies to lay and maintain
underground laterals,cables and wires in the above or intersecting public ways for the purpose of making
connections with such poles and buildings as each may desire for distributing purposes.
I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen for the
Town of LEXINGTON, Massachusetts held on the day of 2019.
Board of Selectmen Clerk
Page 1 of 2
We hereby certify that on 2019,at O'clock m.,at the
a public hearing was held on the petition of the
VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE
ENERGY for permission to erect the poles,wires,cables,fixtures and connections described in the order
herewith recorded,and that we mailed at least seven days before said hearing a written notice of the time
and place of said hearing to each of the owners of real estate(as determined by the last preceding
assessment for taxation)along the ways or parts of ways upon which the Companies are permitted to erect
poles,wires,cables,fixtures and connections under said order. And that thereupon said order was duly
adopted.
Board of Selectmen of the Town of LEXINGTON,Massachusetts
CERTIFICATE
I hereby certify that the foregoing is a true copy of a joint location order and certificate of hearing with
notice adopted by the Board of Selectmen for the Town of LEXINGTON,Massachusetts,on the
day of 2019,and recorded with the records of location orders of said Town,Book
,Page . this certified copy is made under the provisions of Chapter 166 of General
Laws and any additions thereto or amendments thereof.
Attest:
Town Clerk
Page 2 of 2
A-ILBUTTERS LIST
PARCEL ID: 50//25/
39 Lincoln Street
VITUNIC MARK ROBERT&
HARITON-VITUNIC MARIE CHRISTINE
39 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//2413/
41 Lincoln Street
POPIEL JAN &
POPIEL ANNA
41 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//24C/
43 Lincoln Street
HARTS CLINTON M &
RICH BRENCH L HARIS
43 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//23/
45 Lincoln Street
STEVENSON JEREMY N &
STEVENSON FARHANA R
4 Hampton Road
Lexington, MA 02421
PARCEL ID: 50//22B/
55 Lincoln Street
TEMPLE ISAIAH
55 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//7/
48 Lincoln Street
BRENCHICK WILLIAM P JR L/E &
BRENCHICK MARK W
48 Lincoln St.
Lexington, MA 02421
ABUTTERS LIST
PARCEL ID: 50//6/
46 Lincoln Street
WANG ZUNCAI &
LI YANGFENG
46 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//250/
44 Lincoln Street
SIMON SAMUEL E &
SIMON JILT ZIMMER
44 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//5/
40 Lincoln Street
WILKES ANNEMARIE & FLEMING THOMAS J TRS
THE 40 LINCOLN STREET NOMINEE TRUST
40 Lincoln St.
Lexington, MA 02421
PARCEL ID: 50//4A/
38 Lincoln Street
NANNIS ELLEN D TRUSTEE
PROMISE CODY REALTY TRUST
38 Lincoln St.
Lexington, MA 02421
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Public Hearing Liquor License Transfer, Change of Manager and Alteration of Premise - 3
Maguire Road - CFHP The Hangar, LLC d/b/a Food Hall Project
PRESENTER: ITEM
Robert Buckley, q Es . Riemer& NUMBER:
Braunstein LLP; Douglas F erriman,
CFHP The Hangar, LLC I.3
SUMMARY:
The Selectmen's Office has received all the necessary paperwork for the transfer of liquor lic ens e at 3 Maguire
Road, from The Hangar at 10 Mag, LLC d/b/a The Hangar to CFHP The Hangar, LLC d/b/a Food Hall
Project.
The Building, Zoning, Health and Planning Departments have reviewed the liquor license transfer application
and have no objections to the liquor license transfer. The applicant will need to work with the appropriate Town
Departments for the necessary permitting for the restaurant that is to be built.
The Owner, Douglas F erriman, will be at the meeting to answer any questions you may have about the
proposed restaurant.
SUGGESTED MOTION:
Move to the CFHP The Hangar, LLC d/b/a Food Hall Project application for the
Change of Manager, Alteration of Premise and Transfer of the All Alc o ho 1 Restaurant Liquor License at 3
Maguire Road as per the plans submitted.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 7:30 p.m.
ATTACHMENTS:
Description Type
F) I Jq uo r I icense TransferApplication 1-3ackup Material
F) Proposed BUilding I..,,,,tyou,tl 1.3cacki.ii')Material
F) Proposed Restaurant G)nceptl Blackup Material
F) 0,Lx�,,gal N fice Jquorl.,icen.se Flearing 13,,,,ickup.material
F) BOSA.Icohofic 1.3everage Lkense Regulation Relstaurant 1.3aickup M.ateri.al
F) 'Fown.(Amnsell Opinion 1-k-ler Wall C'Over Vllerrio
PVT#
Aft -in e Commonwealth of Massachusetts
N
Akoholic Beverages Control Commission
95 Fourth Street,Suite 3, Chelsea, AM 02150-2358
www.mass.govlabcc
APPLICATION FOR A TRANSFER OF LICENSE
Municipality Lexington
T. TRANSACTION INFORMATION ❑ Pledge of Inventory M Change of Class
MX Transfer of License M Pledge of License F Change of Category
T Alteration of Premises M Pledge of Stock D Change of License Type
Change of Location Fx� Other Change of Manager 012 ONLY,e.g."club"to"restaurant")
DManagement/Operating Agreement I
Please provide a narrative overview of the transaction(s)being applied for.On-premises applicants should also provide a description of
the intended theme or concept of the business operation.Attach additional pages,if necessary.
The existing license is being transferred to a new entity CFHP The Hangar,LLC.The new licensee proposes minor modifications to the internal layout
of seating and an increase in the external seating.In addition,a new manager is to be appointed.The facility will operate as a full service restaurant
providing a variety of food options and games for its patrons
2. LICENSE CLASSIFICATION INFORMATION
ON/OFF-PREMISES TYPE CATEGORY CLASS
10n-Premises-1 2 E§12 Restaurant IAII Alcoholic Beverages Annual
u a 11
3. BUSINESS ENTITY INFORMATION
The entity that will be issued the license and have operational control of the premises.
Current or Seller's License Number 04627-RS-0612 FEIN 183-4345312
Entity Name FCFHP The Hangar,,LLC
DBA Food Hall Project Manager of Record Nicholas P.Arone
Street Address Premises Address: 3 Maguire Road, Lexington, MA 02451
Mailing Address:325 Bacon Street, Unit 6,Waltham, MA 02451
Phone Email melissa@craftfoodhallproject.com
Add'lPhone Website lwww.craftfoodhallproject.com
4. DESCRIPTION OF PREMISES
Please provide a complete description of the premises to be licensed,including the number of floors,number of rooms on each floor,any
outdoor areas to be included in the licensed area,and total square footage.If this application alters the current premises,provide the
specific changes from the last approved description. You must also submit a floor plan.
The premises will be comprised of a one-story 4,768+/-square foot building to be constructed next to and existing office park.The interior
layout will provide for an open floor plan with seating for 142 patrons. RFID—controlled Wine and Beer Station not to exceed 30 taps featurinc
a rotating mix of craft beers and fine wines. Exterior/patio dining areas will offer seating for 42 patrons and will be enclosed with a fence.
Total Sq.Footage 4..768+/-SF Seating Capacity 150 Occupancy Number 240
Number of Entrances 2 Number of Exits 4 Number of Floors 1
APPLICATION FOR A TRANSFER OF LICENSE
S. CURRENT OFFICERS, STOCK OR OWNERSHIP INTEREST
By what means is the
Transferor Entity Name The Hangar at 10 Mag,LLC license being Purchase
transferred?
List the individuals and entities of the current ownership. Attach additional pages if necessary utilizing the format below.
Name of Principal Title/Position Percentage of Ownership
Brandon Kelly LLC Manager/Member 100%
Name of Principal Title/Position Percentage of Ownership
E:
Name of Principal Title/Position Percentage of Ownership
Name of Principal Title/Position Percentage of Ownership
Name of Principal Title/Position Percentage of Ownership
6. PROPOSED OFFICERS, STOCK OR OWNERSHIP INTEREST
List all individuals or entities that will have a direct or indirect,beneficial or financial interest in this license(E.g.Stockholders,Officers,
Directors,LLC Managers,LLP Partners,Trustees etc.).Attach additional page(s)provided,if necessary,utilizing Addendum A.
• The individuals and titles listed in this section must be identical to those filed with the Massachusetts Secretary of State.
• The individuals identified in this section,as well as the proposed Manager of Record,must complete a CORI Release Form.
• Please note the following statutory requirements for Directors and LLC Managers:
On Premises(E.g.Restaurant/Club/Hotel)Directors or LLC Managers -At least 50%must be US citizens;
Off Premises(Liquor Store)Directors or LLC Managers -All must be US citizens and a majority must be
Massachusetts residents.
• If you are a Multi-Tiered Organization,please attach a flow chart identifying each corporate interest and the individual owners of
each entity as well as the Articles of Organization for each corporate entity. Every individual must be identified in Addendum A.
Name of Principal Residential Address SSN DOB
LMefissa U. Ferriman 325 Bacon Street,Unit 6,Waltham,MA 02451 1 1 E02/02/1976
Title and or Position --Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
Manager/Member 150% Yes ( No (*'Yes ( No (*' Yes N
Name of Principal Residential Address SSN DOB
FDOUglas N. Ferriman 325 Bacon Street,Unit 6,Waltham,MA 02451 11/19/1972
Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
Manager/Member 50% ('* Yes ( No Yes C No (*'Yes ( No
I E )_1
Name of Principal Residential Address SSN DOB
Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
( Yes ( No-] ( Yes ( No Yes C No
Name of Principal Residential Address SSN DOB
Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
( Yes ( No ( Yes ( No r Yes No
2
APPLICATION FOR A TRANSFER OF LICENSE
6. PROPOSED OFFICERS,, STOCK OR OWNERSHIP INTEREST (Continue
Name of Principal Residential Address SSN DOB
Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
Yes No C Yes r No Yes No
Name of Principal Residential Address SSN DOB
Title and or Position Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
( Yes ( No Yes C No Yes C~No
Name of Principal Residential Address SSN DOB
Title and or Position -Percentage of Ownershi Director/LLC Manager US Citizen MA Resident
( Yes ( No Yes r No ( Yes ( No
Additional pages attached? Yes (9' No
CRIMINAL HISTORY
Has any individual listed in question 6,and applicable attachments,ever been convicted of a ( Yes (*' No
State,Federal or Military Crime?If yes,attach an affidavit providing the details of any and all convictions.
MANAGEMENT AGREEMENT
Are you requesting approval to utilize a management company through a management agreement? C Yes Ce No
Please provide a copy of the management agreement.
6A. INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE
Does any individual or entity identified in question 6,and applicable attachments, have any direct or indirect,beneficial or financial
interest in any other license to sell alcoholic beverages? Yes [:] No RX If yes,list in table below.Attach additional pages,if
necessary,utilizing the table format below.
Name License Type License Name Municipality
6113. PREVIOUSLY HELD INTEREST IN AN ALCOHOLIC BEVERAGES LICENSE
Has any individual or entity identified identified in question 6,and applicable attachments,ever held a direct or indirect,beneficial or
financial interest in a license to sell alcoholic beverages,which is not presently held? Yes RX No E]
If yes, list in table below.Attach additional pages,if necessary,utilizing the table format below.
Name License Type License Name Municipality
Crazy Dough Beer&Wine Crazy Dough,Inc. Boston,MA
3
APPLICATION FOR A TRANSFER OF LICENSE
6C., DISCLOSURE OF LICENSE DISCIPLINARY ACTION
Have any of the disclosed licenses listed in question 6Aor 6B ever been suspended,revoked or cancelled?
Yes [] No [g If yes,list in table below.Attach additional pages,if necessary,utilizing the table format below.
Date of Action Name of License city Reason for suspension,revocation or cancellation
.7, CORPORATE STRUCTURE
Entity Legal Structure LLC Date of Incorporation April 4,2019
State of Incorporation Massachusetts Is the Corporation publicly traded? Yes No
8. OCCUPANCY OF PREMISES
lease complete all fields in this section. Please provide proof of legal occupancy of the premises.
• if the applicant entity owns the premises,a deed is required.
• If leasing or renting the premises,a signed copy of the lease is required.
• If the lease is contingent on the approval of this license,and a signed lease is not available,a copy of the unsigned lease and a letter
of intent to lease,signed by the applicant and the landlord,is required.
• If the real estate and business are owned by the same individuals listed in question 6, either individually or through separate
business entities,a signed copy of a lease between the two entities is required.
Please indicate by what means the applicant will occupy the premises Lease
Landlord Name 1OMag owner LLC
Landlord Phone 781-272-2899 x 242 Landlord Email brandon@rjkellycompany.com
Landlord Address c/o RJ Kelly Company,55 Cambridge Street,Burlington,MA 01803
Lease Beginning Date See Article 11 Section 2.1 Rent per Month 0
Lease Ending Date 5 year term Rent per Year 0
Will the Landlord receive revenue based on percentage of alcohol sales? ('* Yes No
9. APPLICATION CONTACT
The application contact is the person who the licensing authorities should contact regarding this application.
Name: William J.Proia Phone:
Title: Attorney Email: wproia@riemerlaw.com
4
APPLICATION FOR A TRANSFER OF LICENSE
10. FINANCIAL DISCLOSURE
A.Purchase Price for Real Estate
B.Purchase Price for Business Assets
C.Other*(Please specify) Inventory& $18000.00 *Other:(i.e.Costs associated with License Transaction including
,
Training but not limited to: Property price, Business Assets, Renovations
D.Total Cost costs,Construction costs, Initial Start-up costs, Inventory costs, or
specify other costs):"
SOURCE OF CASH CONTRIBUTION
Please provide documentation of available funds.(E.g.Bank or other Financial institution Statements,Bank Letter,etc.)
Name of Contributor Amount of Contribution
Craft Food Hall Project Holdings,LLC $18,000.00
Total
------------
.SOURCE OF FINANCING
Please provide signed financing documentation.
Name of Lender Amount Type of Financing Is the lender a licensee pursuant
to M.G.L.Ch.138.
('Yes ( No
Yes No
Yes C No
( Yes No
FINANCIAL INFORMATION
Provide a detailed explanation of the form(s)and source(s)of funding for the cost identified above.
Cash contribution from Craft Food Hall Holdings,LLC-see enclosed Bank of America statements from April 2019 through June 2019
.11. PLEDGE INFORMATION
Please provide signed pledge documentation.
Are you seeking approval for a pledge?(-Yes (9' No
Please indicate what you are seeking to pledge(check all that apply) EJ License E] Stock Inventory
To whom is the pledge being made?
5
12. MANAGER APPLICATION
A.MANAGER INFORMATION
The individual that has been appointed to manage and control the licensed business and premises.
Proposed Manager Name Nicholas P.Arone Date of Birth 02/17/1983 SSN
Residential Address 16 Oxford Road Norwood,MA 02062
Email Nick@craftfoodhallproject.com Phone
Please indicate how many hours per week you intend to be on the licensed premises 40
B.CITIZENSHIP BACKGROUND INFORMATION
Are you a U.S.Citizen?* (W Yes No *Manager must be a U.S.Citizen
If yes,attach one of the following as proof of citizenship US Passport,Voter's Certificate,Birth Certificate or Naturalization Papers.
Have you ever been convicted of a state,federal,or military crime? ('Yes (* No
If yes,fill out the table below and attach an affidavit providing the details of any and all convictions.Attach additional pages,if necessary,
utilizing the format below.
Date Municipality Charge Disposition
C.EMPLOYMENT INFORMATION
Please provide your employment history.Attach additional pages,if necessary,utilizing the format below.
Start Date End Date Position Employer Supervisor Name
Please See Additional Information Page
D.PRIOR DISCIPLINARY ACTION
Have you held a beneficial or financial interest in,or been the manager of,a license to sell alcoholic beverages that was subject to
disciplinary action? C Yes C9 No If yes,please fill out the table.Attach additional pages,if necessary,utilizing the format below.
Date of Action Name of License State City Reason for suspension,revocation or cancellation
hereby swear under the pains and penalties of perjury that the information/have provided in this application is true and accurate:
Manager's Signaturet:::,/l Date :June 24,2019
U-"-,--7 6
ADDITIONAL INFORMATION
Please utilize this space to provide any additional information that will support your application or to clarify any answers
provided above.
12.C.Manager Application-Employment Information
Start Date End Date Position Employer Supervisor Name
July 2018 Present Managing Partner Craft Food Hall Project,Lexington MA Doug&Melissa Ferriman
July 2016 June 2017 Operations Manager Oath Craft Pizza,Newton/Cambridge,MA John Huggard
August 2013 July 2016 District Manager Capriotti's Pizza,Foxborough,MA Sean Olsen
April 2013 August 2013 General Manager Panera Bread Boston,MA Mike Spirdone
September 2010 April 2012 General Manager Five Guys Dedham,MA Sean Olsen
September 2008 August 2010 General Manager Metro Pizza,Las Vegas,NV John Arena
APPLICANT'S STATEMENT
1, Douglas Ferriman the: Osole proprietor; T partner; ❑corporate principal; � LLC/LLP manager
Authorized Signatory
of I CFHP The Hangar,,LLC
Name of the Entity/corporation
hereby submit this application(hereinafter the"Application"),to the local licensing authority(the "LLA")and the Alcoholic
Beverages Control Commission (the "ABCC"and together with the LLA collectively the"Licensing Authorities")for approval.
I do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the
Application, and as such affirm that all statements and representations therein are true to the best of my knowledge and belief.
I further submit the following to be true and accurate:
(1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the
Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying
documents in reaching its decision;
(2) 1 state that the location and description of the proposed licensed premises are in compliance with state
and local laws and regulations;
(3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the
information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in
disapproval of the Application;
(4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the
ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the
Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted;
(5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including,
but not limited to the identity of persons with an ownership or financial interest in the license;
(6) 1 understand that all statements and representations made become conditions of the license;
(7) 1 understand that any physical alterations to or changes to the size of the area used for the sale, delivery,storage, or
consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval
of the Licensing Authorities;
(8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and
representations made in the Application may result in sanctions, including the revocation of any license for which the
Application was submitted;and
(9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or
sanctions including revocation of any license for which this Application is submitted.
(10) 1 confirm that the applicant corporation and each individual listed in the ownership section of the application is in
good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth
relating to taxes, reporting of employees and contractors,and withholding and remitting of child support.
Signature:
A4a Date: 06/24/2019
Title: LLC Manager
CORPORATE VOTE
The Board of Directors or LLC Managers of I CFHP The Hangar,LLC Entity Name
duly voted to apply to the Licensing Authority of Lexington and the
City/Town
Commonwealth of Massachusetts Alcoholic Beverages Control Commission on I.tune 24,2019
Date of Meeting
For the following transactions (Check all that apply):
F] New License Q Change of Location F-] Change of Class(i.e.Annual/seasonal) Change Corporate structure(i.e.Corp LLQ
Q Transfer of License � Alteration of Licensed Premises [] Change of License Type(i.e.club/restaurant) Pledge of Collateral{i.e.License/Stock)
Q Change of Manager Change Corporate Name ❑ Change of Category(i.e.All Alcohol/Wine,malt) ❑ management/operating Agreement
Change of Officers/ Change of Ownership Interest issuance/Transfer of Stock/New Stockholder ❑ Change of Hours
Directors/LLC Managers F] (LLC Members/LLP Partners,
Trustees) Other ❑ Change of DBA
F�
"VOTED:To authorize Douglas N.Ferriman
Name of Person
to sign the application submitted and to execute on the Entity's behalf, any necessary papers and
do all things required to have the application granted."
"VOTED: To appoint Nicholas P.Arone
Name of Liquor License Manager
as its manager of record, and hereby grant him or her with full authority and control of the
premises described in the license and authority and control of the conduct of all business
therein as the licensee itself could in any way have and exercise if it were a natural person
residing in the Commonwealth of Massachusetts."
For Corporations ONLY
A true copy attest, A true copy attest,
Corporate fficer/LLC Manager Signature Corporation Clerk's Signature
Douglas N. Ferriman
(Print Name) (Print Name)
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Narrativei"Descri Proposcd ('.141 RestaUrant. 3 Macjuire.Road
CFH Wral't) is plarin-ing to appl.y-for a con-u-non ViCtUaller"s license regarding the c.---iptioned premises,and
the ancillary transfer to Craft of the existiffi.)preMises liquor license. to complement Cr<aft's vibrant
rcSUiL1K'U1t concept.
(.7raft is a rco-ional pioneer in the craft-food restaurant movernent, \® CMj1h,'lSi7CS invcnti e. het,--ilthy
fresh Ulisine, and a active dinincy and gai-ning experience, A representative Ndenu is affixed,
cvidencint.-I Craft's full-sUVICC reSt<'_1Ur<ant. with alcohol p<airin-g aiding as Can Cadjunct to the CUisine. To be
SL11'e, the proposed liquor offering-rs. which generally are served ill Pt"li ri 11 2Y-Si7ed portions, and is sub'
I 1 . -1 C. to
real-time live i-Tion1t Cyr ing by the Use of mandatory illdiViCktal R.Fl.D c.,--Irds, is decidedly comptenicmCiro'
and PLWPOS&1111,�` incidental to the g.--istronomic I`OCUS ot"Craft's �ision.
As depicted on the F[oor Pl.-.--m,the Craft restaurant einploys Li contemporary design tntei"rating traditional
fiffl-servICC COUnter and table seating, with(a participatory open-view kitchen where diners nlav approach
to observe the expert culinar-'y-staff at\;ork, and to order their i-neals from on-hand rest.,-,u.tr.'-,uit suff, then
I-CU11-11 to their seats 1"Or CLIStornary tabte ser �e. I-n every cas.0, meals will be served to se,--ited dincrs by
trained,, experienced staff'. consistent with the applicable Town"s 11.2-t-)-Ulations(Alcohol Reguk-itions). In
keepino with Craft,"s dynamic.1111111el'sivi'.2%concept) %\:hfle xvaitin(,)r-for their nicals to be ser\,'-cd by staff.
diners i-nay partic•ip<a1ke in variOLIS tea ulin'T choices,, SUch as ping-pong or tabl-e-top shurf-Jeboard.agraul Lis
shown oil the Floor ["[an.
As noted, patrons \,0shing to sai.-n.ple tile Se[M liCILIOl-pairinuYs%vhile enjoying), their tifne at the Crafi,
rcstaUrant must obt,,lin an individUal RFLD card to purch<asc alcoholic bcverauyes. E,-C-ich RHD card will be
preset to limit the patron to no rnore than 32 ounces of beer or 14 O'LlnecS Of".-ine (tv,-,o ei7® drink's in both
C."Ises), withOLIt-f'Ul-tllCl-.':IUtll()I-iZ'ition froi-na Craft nlanca aer. The RFID cards cannot be manIpUlated
a the RFID s-ystem. each patron can be TY1.0nitored
respecting-1 the �® or 111101,111t of alcohol purchased. ViL L
in real-time regardina the type. a 0Ltnt drid pacL-,ofalcohol COIISUrn.ption. HcaVilh, Slich exact. IlVe
information reclarding patron behavior pN,:linlv will enhance Craft's ability to emphasize tIlC CLIIiIIZVN°
CICRIC11tS Of its V'iSion, and to provide tile most aurecable environment for it,-,custoiners, And because the
RED data is not SLtb_jcct to the potential gaps in the observation of patrons that almost cerwinly occur in a
restaurant Se in under the prevalling human-centered monitoring model, the RFID system call only
improve the responsible set-vice and C011SUIllpt-1011 of-:11cohol, --ind further advance the objectives ol'the
Alcohol Reoulations,
RL-itrons inay atso visit the li.Cr<-Ift Beer& Wine Wall. will -17eatffl-C'--I wide arietV OfIligh-qUality
dr.aft beers dispensed in 10-12 OUnces tylasses. and vv-incs in 7 OL11lCe (21,asses. At all times the Kraft L.
Sr Wine VV'all xvill be attended by restaurant staff—to answer patron questions, to 111SO-LICt patrons on the
Oper,'ItiOn Of the CkjUipment,, and to nionitor p.,itron condUCt.. Al1er conferrIng \,vlth the \,Val.l. at ten(14-1 nt
Patrons ill make their--.election via as%vipe"oftheir RFID card through .,3der that activate'S the tap,
which is I imited to dispensincy the preset .11TIOL111t of cither beer or wine. 1-he taps cannot be operated
mallUallv. In eff'ect, the R.H.R"tap de\,-iCC,,Under the':1L1SPiCCS ofthe assigned statTmonitor, serves the
al
j"he pltro as no cohol JUst as a bartender WOUld dispense a draft °°®and deliver it to a customer. A 1111
discretion or control over the \,'-olL11_TlC or quantity of servings at tile K"raft 13cer& Wine Wall,
From an operational the ]Craft Beer Wine °Vall can.be analogrized g-enerally to CUrrent practice
regardincy the service of bottles of wine at restaurants,except the Wal.l.has SUperior elements of control
C, C7
owing to tile RF1,11) system. the prescribed ounce POUr 11mit,allrd the fact that patrons 111LISt traverse the
premises in futt vic%v, engrage \\�,,ith the \,Vall attendant, operate the Wall. ®1 then make the return walk
acroSS the premists to their seats. By c ill p.,trison.,once,i bottle of wine initiall.Y. is served to a table in the
usual restaUrat settingy the patrons ossenf.Jally are unrecrulated nC-,sp,CCtir14,c:y1 di-le .S[,I'bse(.Itietit'liatictliticr and
consumption of that Wine.
Based on our rev af the letter and the sprit of t!Ic AIC01-10t RegUlations, and O-C c. I_38 [and
reoml,ations thereunder], we belleve t aft restcaur.,-int ,(-is propos%c-,'d is consist llt%Fit h and permissible
lzl�
Under both, I'll fact) the Craft vision Nvith 1!;-,s cinbrace of RFID dio,ital technology affbrds greater control
and the promiso of more responsible alcohol scrv-icc al-ld conc;urnptioll than provided bv the existuig
ancalo,i.-y" practice cif hUlllall-Celitcred alcohol mcanaaement. Here, t th(it the A13CC h(as approved
t-Irle RFID Concept and Kas (yranted restaurant IiCtlmses for tho same RFID system that Craft intends- to
employ i.n th.i.s case,
"� 82"1 18,1 45-,I
7/31/2019 Public Notices
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Home Wednesday,July 31, 2019
TRANSFER OF LICENSE LEGAL NOTICE TOWN OF LEXIN
TRANSFER F LICENSE
LEGAL NOTICE
Town of Lexington
BOARD OF SELECTMEN
In accordance with the requirements of the General Laws, Chapter 1 , as amended, pertaining to the issuance of licenses for the sale
and service of alcoholic beverages, notice is hereby given that an application has been received from CHFP The Hangar, LLC d/b/a Food
Hall Project for a Transfer of License; Alteration of Premise and Change of Manager for the Common Victualler Liquor License to serve All
Kinds of Alcoholic Beverages located at 3 Maguire Road. A Public Hearing on this application will be held in the Selectmen's Meeting
oom, 1625 Massachusetts Avenue, Lexington, on August 5, 2019 at 7:00 p.m.
Douglas M. Lucente, Chairman
Board of Selectmen
AD# 11429
Lexington Minuteman 7/2 /1
Appeared in: Lexington Minutemanon Thursday, 07/2 /2019
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ma.mypublicnotices.com/PublicNotice.asp?Page=PublicNotice&AdId=4895535 1/1
BOARD OF SELECTMEN REGULATION
Alcoholic Beverage License Regulations Applicable to Restaurants
Date Approved by BOS: Signature of Chair:
March 15, 2010 Z"a" P. &"/M
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 by holders of Common Victualler licenses for All Alcohol and for Wine
and Malt only licenses. It is the intent of the Board of Selectmen that alcoholic beverage
service in restaurants should be incidental to food service and that establishments whose
primary purpose is the service of alcoholic beverages will not be licensed.
II. GENERAL REQUIREMENTS
1. The issuance of an All Alcohol or a Wine and Malt Beverage only license is an
accommodation to a duly licensed Common Victualler who serves food to the
public in a restaurant.
2. An alcoholic beverage license shall not be issued to any applicant unless such
applicant is the licensee named and operates the dining facility identified in the
Common Victualler License.
3. An alcoholic beverage license shall not be granted to establishments that have
their primary business derived from fast-food service, as defined in the Zoning
Bylaw.
4. Restaurants must have a minimum seating capacity of 18 to be granted an
alcoholic beverage license.
5. Food service must be provided to seated patrons and served by wait staff.
6. Unless the Board of Selectmen elects to reduce such hours as a condition of a
license, the hours for serving alcoholic beverages shall not exceed the following:
11:00 a.m. to 12:00 midnight seven days a week. Restaurants may serve alcoholic
beverages past 12:00 midnight on New Year's Eve until 1:00 a.m. on January 1,
subject to a written request to and the prior approval in writing from the Town
Manager. In determining whether to approve such request, the Town Manager
shall take into consideration any objections or complaints concerning restaurant
operations that may have been received by the Town or the Town police.
7. The hours during which sales of alcoholic beverages may be made in a restaurant
are further limited to the times when the dining room is open and food service is
available. No alcoholic beverages shall be sold or served in a restaurant before it
is open and food service is available, nor after the restaurant has been closed or
food service has ended. Food service is defined as the service of any food,
including appetizers, desserts and snacks.
8. 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 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.
9. All alcoholic beverages must be bought, served and drunk on the premises. No
person shall be allowed to take or consume alcoholic beverages on the sidewalks
of any licensed establishment or on the public sidewalks, unless an application to
extend the licensed premises has been approved by the Board of Selectmen. Such
extension must meet guidelines for extension of premises to patio and outdoor
areas established by the ABCC.
10. No license shall be sold, transferred or surrendered without the prior approval of
the Board of Selectmen.
11. 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.
12. 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, and shall have vested in him by properly authorized
and executed written delegation full authority and control of the premises
described in the license of such corporation and of the conduct of all business
therein relative to alcoholic beverages nor unless such manager or representative
is, with respect to his character, satisfactory to the licensing authorities.
13. 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 14, is present in the premises and acting in the place of such manager
or principal representative.
14. 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.
15. No alcoholic beverage license shall be granted unless toilet facilities are generally
available to the patrons of the restaurant.
16. The alcoholic beverage license must be prominently displayed and available for
public viewing inside the premises.
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. Alcoholic licenses issued 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 service bars and the dining rooms, function rooms, restrooms, or other
rooms in which approval of the Board of Selectmen for the sale 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 - $3,500, and;
(b) Wine and Malt Only- $2,500.
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
The Town of Lexington, by a vote of its citizens, had earlier established alcoholic
beverage licenses for restaurants with a minimum seating capacity of 99. In 2002, the
Lexington Center Committee began to discuss ways to attract more businesses to the
commercial district. They found that surrounding communities such as Arlington and
Waltham had revitalized their commercial areas by attracting smaller chef-owned
restaurants. The ability to sell alcohol made these restaurants economically viable.
Town Meeting passed a home rule petition seeking to eliminate the 99-seat minimum
seating capacity. That petition was approved by the Legislature and then
overwhelmingly approved by the citizens on March 2, 2004 by a vote of 7022 to 1224.
V. REFERENCES
Adopted by the Board of Selectmen June 13, 1967.
Amended rules adopted May 24, 1971
Amended rules adopted May 10, 1977
Amended rules adopted December 18, 1978
Vote of citizens of 3/2/04 (no minimum seating required)
Amended rules adopted by the Board of Selectmen on September 13, 2004.
Amended rules adopted February 15, 2005.
Amended rules adopted by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
James Malloy
From: Mina S. Makarious <mina@andersonkreiger.com>
Sent: Monday, July 29, 2019 6:13 PM
To: James Malloy
Subject: The Hangar
Follow Up Flag: Follow up
Flag Status: Completed
Jim,
Per our discussion, I have reviewed materials submitted by the attorney representing the Hangar restaurant, and spoken
to that attorney regarding the proposed "beer wall" at the restaurant. It is my view that the Board of Selectmen may issue
a liquor license for the Hangar that authorizes the inclusion of the beer wall in the premises, provided all other applicable
requirements for granting the license are met.
As it has been described by the applicant, the Hangar will consist of a food hall style restaurant with a variety of food
options at different counters or stalls from which patrons can choose. Patrons can order food at one of the counters and it
will be delivered to the patron when they are seated. The Hangar will also feature a "beer wall"which will consist of a few
taps and a system for dispensing beer directly to patrons. To use the beer wall, a patron will have to use an RFID card
provided by the Hangar to the patron. The RFID card will limit each patron to no more than 32 oz. of beer(which can be
two 16 oz. pours or which can be broken down in smaller tasting size pours).
There is no prohibition under state liquor licensing laws for this arrangement. In fact, it is my understanding that the
Hangar is based on similar restaurants that are either open or permitted and under construction in
Massachusetts. Section 187-9(b) of the Board of Selectmen's regulations provides that restaurants that receive a liquor
license must have food that is "provided to seated patrons and served by wait staff." The Town has typically interpreted
this provision to bar the granting of a liquor license to a drive thru or fast food restaurant. This provision does not require
that all alcoholic beverages be brought by a wait staff to a seated patron and would not prohibit the Board from issuing a
liquor license to the Hangar for premises that includes the beer wall.
Please let me know if you would like to discuss.
Thanks,
Mina
ANDERSON Mina S. Makarious
T. 617.621.6525 1 F. 617.621.6625
��K R F I G�F�R Anderson &Kreiger LLP 150 Milk Street, 21 St Floor, Boston, MA 02109
This electronic message contains information from the law firm of Anderson&Kreigeri information
recipient,intended recipient only. If you are not the intended note that any disclosure,copying,distribution or other use of the contents of this message i
prohibited.
1
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
186 Bedford Street Memorandum Of Understanding
PRESENTER: ITEM
NUMBER:
Ed Grant, Of Counsel Nicholson,
S reter& Gilgun, P.C. I.4
SUMMARY:
Attached please find the updated Memorandum of Understanding (MOU)between the Town and the
proponents of 186 Bedford Street. This is similar to the M O U that was negotiated for the Annual Town
Meeting and is for reconsideration for the Board and for Town Meeting. There is also included a redhned
version for a quick comparison between the MO U approved by the Board for the Annual Town Meeting and
the M O U before the Board at this time. Please note the substantive changes found in Section V I I I were
addressed during the site plan review process.
SUGGESTED MOTION:
Move to approve the Memorandum of Understanding between the Town of Lexington and 186 Bedford Street
LLC as presented in the attached document.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 7:50 p.m.
ATTACHMENTS:
Description Type
Memorandum of Understanding ("MOU")between 186 Bedford Street, LLC ("Owner") and the
Town of Lexington, Massachusetts ("Town")
For 186 Bedford Street, Lexington (the "Property") August_, 2019
I. Background
186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the Owner
purchased it from Eliot Community Health Services ("Eliot") in September 2018. The Property,
a 1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a one story
addition built in 1969 (the "1969 Addition"), and a one story accessory building (the "Barn"),
and contains access driveways, surface parking areas, a garden, and lands cape/hadscape
improvements. The Building and Barn are listed in the Lexington Cultural Resources Inventory
and Massachusetts Historical Commission database as structures with historical value.
The Owner has proposed to rezone the Property from the present RS One Family Dwelling
District to create a Planned Development District to allow for renovation and addition to the
existing buildings on the Property. The Owner plans to demolish the 1969 Addition, preserve
and renovate the Building and the Barn, construct a new addition to the Building (the "New
Addition"), and implement additional site improvements (the "Site Improvements"). The Owner
proposes to use the Property as a mixed-use residential and commercial development (the
"Development") (together with the Site Improvements, the "Project"). A residential component
of the Development will include 13 one-bedroom apartments, including four affordable housing
units, all located on the second floor and attic levels of the Building and the New Addition (the
"Living Units"), resulting in a 30% affordable housing commitment and allowing all 13 units to
be counted toward the Town's affordable housing inventory. The commercial component of the
Development will be located on the ground floor of the Building and New Addition, and will be
used for the Owner's salon business and other businesses. The Barn will be used as office space
for management of the Owner's salon, the Property, and other family businesses.
The Town, acting through the Lexington Town Meeting, is expected to consider, and may
approve, a Preliminary Site Development and Use Plan at the 2019 Fall Special Town Meeting
for the PD-4 District in connection with the Project (the "PSDUP"). In the event that the
Lexington Town Meeting approves the PSDUP, this MOU between the Owner and the Town,
acting by and through its Board of Selectmen, sets forth certain additional mitigation measures to
be completed or undertaken by the Owner as part of the Project. This MOU supplements the
obligations and commitments of the Owner as established in the PSDUP. This MOU shall not
negate the obligations and commitments of the Owner in any other permit, certificate or approval
issued, or which may later be issued, by the Town in connection with the Project.
II. Traffic
A. Financial Contributions & Mitigation Measures
1. The Owner shall provide bicycle parking within the Project.
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2. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner
shall make a one-time financial contribution of$30,000 to the Town, representing
$2,000 per parking space being added by the Project over the existing number of
spaces currently located on the Property. This payment is intended to provide the
Town funding for transportation and transportation demand management
improvements, including but not limited to sidewalk and crosswalk
improvements. All payments shall be made through the Planning Office,
attention to the Assistant Town Manager for Land Use, Health and Development.
3. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner
shall contribute an additional $20,000 for transportation demand management
improvements, including but not limited to a proposed bus shelter or other
improvements in the vicinity of the Project, and $2,500 toward public
improvements at Garfield Park.
B. TDM Obligations. The Owner agrees to implement the transportation demand
management policies, measures and improvements ("TDM Measures") associated with
the Project in accordance with the Traffic Impact Study prepared by MDM
Transportation Consultants, dated December 17, 2018 in connection with the Project. In
addition, the Owner agrees to:
1. Restrict on-site residential parking to one space per apartment, to be enforced by
the Owner via lease restrictions.
2. Provide offsite parking for employees in the event additional parking is required
during peak periods of use.
III. Affordable Housing Commitment within Project
A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4) of the
thirteen(13) Living Units as affordable "Local Action Units" certified under the
Massachusetts Department of Housing & Community Development's ("DHCD") Local
Initiative Program (the "Affordable Units") as regulated through a recorded Regulatory
Agreement and meeting all price and income eligibility criteria to be eligible for
inclusion on the Town's Subsidized Housing Inventory. All Affordable Units shall be
identified on the plans and situated within the Project so as not to be in a less desirable
location than the market rate units and shall be spread evenly throughout the Project. The
Affordable Units shall be integrated into the rest of the Project and shall be compatible in
size, design, appearance, construction, and quality of materials with the market rate units,
with equal access to parking and other amenities.
B. The Owner shall, at its sole expense, undertake a lottery and implement an Affirmative
Fair Housing Marketing Plan (the "Marketing Plan") to solicit interest for the occupancy
of the Affordable Units in accordance with applicable DHCD procedures then in effect.
The lottery and the Marketing Plan shall be conducted by a DHCD-approved agency. If
the occupancy is phased, the lottery shall be conducted before the sixth Certificate of
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Occupancy for the Project is issued. To the maximum extent permitted by law,
preference for the occupancy of at least 70% of the Affordable Units shall be given to
residents of the Town claiming a local preference.
C. Consistent with the terms and conditions established in this section, the Owner and the
Town, subject to DHCD's review and approval, shall draft and execute a binding,
recordable affordable housing agreement that will detail the protocol for the marketing,
leasing, management and oversight of the Affordable Units.
D. The Owner shall submit a proposed Local Action Unit ("LAU") application, including a
draft Regulatory Agreement AFHMP and Monitoring Agreement, to the Town at the
same time as it submits its Site Plan Review application to the Planning Board. The
Town and DHCD shall jointly serve as Monitoring Agents for the LAU. The Owner shall
reimburse the Town for any monitoring fees incurred as Monitoring Agent.
E. The Owner shall submit a final, signed LAU application to DHCD within 90 days of the
Planning Board's determination on the Site Plan. Prior to the issuance of any building
permits for the Project: (a) the Owner and the Town shall execute and the Owner shall
record a Regulatory Agreement at the Middlesex South Registry of Deeds, and(b) the
Owner shall submit three (3) and one (1) electronic sets of final approved plans from
DHCD, stamped by a professional engineer, to the Town's Planning Office, together with
a narrative indicating any changes from plans previously approved by the Planning Board
through the Site Plan Review process. If the Building Commissioner determines that
there are any substantial changes between the plans approved by the Planning Board and
the plans approved by DHCD, the Planning Board shall review the DHCD-approved
plans.
F. It is the present intention of the Owner to complete all of the residential units at the same
time. In the event the units are not available at substantially the same time, Certificates
of Occupancy for the Affordable Units shall be issued such that for every four dwelling
units completed, one dwelling unit shall be an Affordable Unit. The last Certificate of
Occupancy issued for the Project shall be for a market rate unit.
IV. Access and Utility Easements
A. The Owner shall provide a screen gate at the emergency egress driveway proposed for the
Project using comparable materials to the existing or new fence along Reed Street to
screen views and discourage on- street parking.
V. Noise Testing & Abatement
A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the
Town's General Bylaws. In its Site Plan Review application(s) for the Project, the Owner
and its acoustic consultant will submit a testing protocol to be used to establish ambient
noise levels. These ambient noise levels will be used to determine compliance with the
Noise Control Bylaw. This protocol shall also be used in the event of future noise
3
complaints to establish compliance with the Noise Control Bylaw. The Town may hire,
at the Owner's expense, an acoustic peer review consultant to review the testing protocol.
B. If the Town receives any noise complaints for the Project, or if the Owner makes future
improvements to the Project, the Owner shall demonstrate to the Town its compliance
with the Noise Control Bylaw. The Town may hire, at the Owner's expense, a third-party
acoustic consultant to review said compliance.
C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the Proj ect
between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M. until to 8 A.M.
on weekends and holidays.
VI. Sustainability
A. The Project will consider and where appropriate , incorporate sustainable design
measures into the proposed buildings and site improvements consistent with the U.S.
Green Building Council-Leadership in Energy and Environmental Design [LEED]
initiatives Building Design and Construction [BD+C], and the Lexington Sustainable
Action Plan/Zero Net Energy Policy, which encourages residents and businesses to
reduce energy consumption and carbon emissions through innovative design, while still
meeting the energy needs of the owner and community. The design team will refer to the
LEED v4.1 BD+C Credit Rating System and LEED Checklist during schematic design,
with the goal of accumulating enough credits to warrant a potential LEED Silver rating.
See Environmental Impact and Infrastructure by Highpoint Engineering, Section VI.
Sustainable Design, pages 6-7, filed as part of the refiled PSDUP of June 6, 2019, and is
incorporated by reference.
VII. Consumer Price Index Adjustment
A. The Owner anticipates commencing construction of the Site Improvements not later than
the summer of 2021. However, in the event commencement of construction of the Site
Improvements is delayed, Owner agrees that, any payments required under this MOU that
are made after January 1, 2023 shall be increased by the Consumer Price Index for all
Urban Consumers, Boston- Cambridge-Newton, published by the Bureau of Labor
Statistics, U.S. Department of Labor(CPI-U) for the previous calendar year(s); provided,
however, that these figures shall never be reduced below the base established herein. The
first such adjustment, if applicable, shall be completed on the initial CPI-U Adjustment
Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor
Statistics should cease to publish the CPI-U in its present form and calculated on the
present basis, a comparable index or an index reflecting changes in prices determined in a
similar manner shall reasonably be designated by the Town in substitution therefor. The
CPI-U for any year relevant to the application of this definition shall be that published by
the Bureau of Labor Statistics for such previous calendar year.
VIII. Other Commitments
A. The Owner further agrees as follows:
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1. The Owner shall preserve and renovate the Building and Barn that were originally
built on the property.
2. Short term rentals, (i.e. Airbnb, VRBO, Homeaway, or other similar short-term
rental uses), shall be prohibited on the property and enforced by the Owner via
lease restriction.
3. The Barn shall not be used for real estate sales or rental as a principal use;
provided, however, that this limitation shall not prohibit use of the Barn to
provide leasing and management services for the Project.
4. Business or professional office uses shall not on their own or collectively exceed
25% of the commercial space of the New Addition.
5. The Owner shall, upon request, make a meeting room in the Barn available for
Precinct 8 community meetings during non-business hours.
Ix. Miscellaneous
A. Binding Effect.
1. This MOU shall run with the Property as an encumbrance and shall bind and inure
to the benefit of the Owner and its successors and assigns as owners of the
Property for as long as use of the Property is subject to the PSDUP. The Town
and the Owner agree that the Developer may transfer all, a portion of, or an
interest in the Project to a new entity provided that any new entity acknowledges
that:
a) This MOU shall run with title to each portion of or interest in the Project
and shall be binding upon any entity with an ownership interest in the
Property, and each of its successors or assigns as to the obligations which
arise under this MOU during their respective periods of ownership of the
Property, provided that each predecessor-in-title shall be forever released
from this MOU upon procuring a written acknowledgment from its
immediate successor, addressed to the Town, acknowledging and agreeing
that such successor-in-title is bound by the terms of this MOU and that
this MOU shall be enforceable against such successor by the Board of
Selectmen with respect to such successor's portion(s) of the Property; and
b) The obligations created hereunder shall not be treated as assumed by any
new entity, and no prior entity shall be released from such obligations,
until such notice is delivered to the Town.
2. This MOU may be enforced by any remedy provided at law or in equity. This
MOU and the Lexington Zoning Bylaw ("Bylaw"), as modified by the PSDUP,
shall be construed in such a way as to reasonably harmonize any conflicting
provisions, but in the event of any irreconcilable conflict between this MOU and
5
the Bylaw as so modified, the Bylaw as so modified shall control, subject to the
provisions of any applicable State or Federal law.
3. The Owner shall, prior to applying for a building permit for construction of the
Project, promptly record a Notice of this MOU with the Middlesex South Registry
of Deeds and furnish proof of the recorded notice to the Building Commissioner's
Office, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420
and to the Conservation Administrator, Town of Lexington, 1625 Massachusetts
Avenue, Lexington, MA 02420.
B. Owner's Existence and Authority. The Owner represents that it is a Massachusetts
Limited Liability Company duly formed, validly existing, in good standing and duly
registered to do business in the Commonwealth of Massachusetts. This MOU constitutes
a valid and legally binding obligation of the Owner, enforceable against Owner in
accordance with its terms, and neither the execution, delivery or performance of this
MOU nor compliance herewith conflicts with or will conflict with or results or will result
in a breach of or constitutes or will constitute a default under(1) the organization
documents of the Owner, (11) any law or any order, writ, injunction or decree of any court
or governmental authority, or (iii) any agreement or instrument to which Owner is a party
by which it is bound.
C. Cooperation. The Owner hereby agrees to cooperate with the Town on an ongoing basis
to implement this MOU.
D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any term or
provision of this MOU shall not constitute a default under this MOU unless and until the
defaulting party fails to commence to cure, correct or remedy such failure within fifteen
days of receipt of written notice of such failure from the other party and thereafter fails to
complete such cure, correction, or remedy within sixty days of the receipt of such written
notice, or, with respect to defaults that cannot reasonably be cured, corrected or remedied
within such sixty-day period, within such additional period of time as is reasonably
required to remedy such default, provided the defaulting party exercises due diligence in
the remedying of such default. Notwithstanding the foregoing, the Owner shall cure any
monetary default hereunder within thirty days following the receipt of written notice of
such default from the Town.
E. Time is of the Essence. Time shall be the essence for this MOU. Any reference in this
MOU to the time for the performance of obligations or elapsed time shall mean
consecutive calendar days, months, or years, as applicable. As used in this MOU, the
term "Business Day" shall mean any day other than a Saturday, Sunday, recognized
federal holiday or recognized state holiday in the Commonwealth of Massachusetts. If
the last date for performance by either party under this MOU occurs on a Saturday,
Sunday, or recognized federal or state holiday in the Commonwealth of Massachusetts,
then the last date for such performance shall be extended to the next occurring Business
Day.
6
F. Permitting. The execution and delivery of this MOU does not constitute an agreement by
the Town that any necessary permit or approval for the Project will in fact be granted,
including, without limitation, approval of the PSDUP by the Lexington Town Meeting or
issuance of any permit, certificate or approval for the Project. The execution of this MOU
shall be incorporated into and made a condition of the PSDUP.
G. Effective Date. This MOU shall become binding when all permits necessary for the
Project, including the PSDUP and any Special Permits, Site Plan Approvals and Order of
Conditions for the Project, are effective and the Owner has notified the Town in writing
of its intention to proceed with construction of the Project (the "Effective Date"). In the
event that (1) the changes to the Zoning Bylaw effectuating the PSDUP are disapproved
by the Massachusetts Attorney General or a court of competent jurisdiction, (11) the
Owner fails to obtain or maintain any permit, certificate, or approval necessary for the
Project or(111) the Owner chooses not to proceed with the construction of the Project and
notifies the Town accordingly, this MOU shall be null and void.
H. Amendment of MOU. This MOU may not be amended, modified or terminated except by
a written instrument executed by Owner or a successor owner and by the Board of
Selectmen.
I. Enforcement; No Waiver. The failure of the Town or the Owner to enforce this MOU
shall not be deemed a waiver of the Town or the Owner's right to do so thereafter.
J. Severability. The invalidity of any provisions of this MOU as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof. If
any provision of this MOU or its applicability to any person or circumstances shall be
held invalid, the remainder thereof, or the application to other persons shall not be
affected.
K. Applicable Law. This MOU shall be governed by and according to the laws of the
Commonwealth of Massachusetts, as amended from time to time. Any action brought by
the Town hereunder may be brought in the Land Court or the Superior Court in and for
the County of Middlesex, and the Owner hereby agrees to the jurisdiction of such court.
7
Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Douglas Lucente, Chairperson Joseph N. Pato
Jill Hai Mark S andeen
Suzanne E. Barry
OWNER:
186 Bedford Street, LLC,
a Massachusetts limited liability company
By:
8
9
--------------------------------------------------------------------------------------------------------
Memorandum of Understanding('YOU" between 186 Bedford Street,LLC("Owner")and the Style Definition
,Town of Lexington,Massachusetts(",Town") Formatted FJ
Formatted
For 186 Bedford Street,Lexington(the Property"
Formatted:Font:Times New Roman,12 pt
►► 2019 Formatted:Space After: 0 pt,Adjust space between
Latin and Asian text,Adjust space between Asian text
Background and numbers
,,186 Bedford Street,LLC is the owner of the Property. The Property was vacant when the Owner Formatted:Font:Times New Roman,12 pt
purchased it from Eliot Community Health Services(" liot")in September 2018. The Pro pert , Formatted:Font:Times New Roman,12 pt,Bold
a 1.36-acre lot,currently houses a 2.5 story commercial building(the" uildin "),a one story Formatted:Normal,Indent:Left: 0",Space After: 0 pt,
addition built in 1969(the"1969 Addition"),and a one story accessory building the'Pam"), Don't keep with next
and contains access driveways,surface parking areas,a garden,and lands cape/hardscape Formatted
improvements. The Building and Barn are listed in the Lexington Cultural Resources Inventory
and Massachusetts Historical Commission database as structures with historical value.
The Owner has proposed to rezone the Property from the present RS One Family Dwelling
District to create a Planned Development District to allow for renovation and addition to the
existing buildings on the Property. The Owner plans to demolish the 1969 Addition,preserve
and renovate the Building and the Barn,construct a new addition to the Building(the'New Formatted
Addition"),and implement additional site improvements(the"Site Improvements"), The Owner
proposes to use the Property as a mixed-use residential and commercial development(the
" evelopment")(together with the Site Improvements,the" roject"). A residential component
of the Development will include 13 one-bedroom apartments,including four affordable housing
units,all located on the second floor and attic levels of the Building and the New Addition(the
" ivin Units' resultin in a 30%affordable housin commitment and allowin all 13 units to
be counted toward the Town's affordable housing inventory. The commercial component of the
Development will be located on the ground floor of the Building and New Addition,and will be
used for the Owner's salon business and other businesses. -The Barn will be used as office space
for management of the Owner's salon,the Property,and other family businesses.
The Town,acting through the Lexington Town Meeting,is expected to consider,and may
approve,a Preliminary Site Development and Use Plan• .!... 2019 F Z1111 I Spgg m 1' 1)1 m 1 Formatted
J i"�.1 for the PD-4 District in connection with the Pro'ect the'T SDUP" . In the event that
the Lexington Town Meeting approves the PSDUP,this MOU between the Owner and the Town,
acting by and through its Board of Selectmen,sets forth certain additional mitigation measures to
be completed or undertaken by the Owner as part of the Project. This MOU supplements the
obligations and commitments of the Owner as established in the PSDUP. This MOU shall not
negate the obligations and commitments of the Owner in any other permit,certificate or approval
issued,or which may later be issued,by the Town in connection with the Project.
W. 11. Traffic ' Formatted:Normal Indent:Left: 0" Don't keep with
next
[Formatted:Font:Times New Roman,12 pt,Bold
1
Financial Contributions&Mitigation Measures` Formatted:Normal, No bullets or numbering,Don't
keep with next
[Formatted:Font:Times New Roman,12 pt
IIL The Owner shall provide bicycle parking within the Project. Formatted:Font:Times New Roman,12 pt
Formatted:Normal,Indent:First line: 0.5", No bullets
or numbering
rior to the issuance of a Certificate of Occupancy for the Project,the [Formatted:Font:Times New Roman,12 pt
Owner shall make a one-time financial contribution of$30,000 to the Town,
Formatted:Font:Times New Roman,12 pt
$2,000 per parking space being added ��� hover
ale(,
Formatted:Font:Times New Roman,12 pt
the existing number of spaces currently located on the Property. This payment is
intended to provide the Town funding for transportation and transportation Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
demand management improvements,including but not limited to sidewalk and No bullets or numbering
crosswalk improvements All ["Ngy1lic.las S1,11,11,111 [)e i �,a ffq�oi,i 1:i tIIIie:.. 1:11:m1,111,1
[Formatted:Font:Times New Roman,12 pt
01 llc 'detflioti 141 �;�,i I I Fol,11111 m l'oi I iii iS( 1(1 1I11 rIA Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 pt
Prior to the issuance of a Certificate of Occupancy for the Project,the Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
Owner shall contribute an additional$20,000 for transportation demand No bullets or numbering
management improvements,including but not limited to a proposed bus shelter or `_'[Formatted:Font:Times New Roman,12 pt
other improvements in the vicinity of the Project,and$2,500 toward public
improvements at Garfield Park. [Formatted:Font:Times New Roman,12 pt
....
TDM Obli atg ions. The Owner agrees to implement the transportation demand Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
management policies,measures and improvements ",W',,TDM Measures" " No bullets or numbering
Y�associated ��� � g
with the Project in accordance with the Traffic Impact Study prepared by MDM Formatted:Font:Times New Roman,12 pt
Transportation Consultants,dated December 17,2018 in connection with the Project. In [Formatted:Font:Times New Roman,12 pt
addition,the Owner agrees to:
Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 pt
Aestrict on-site residential parking to one space per apartment,to be Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
enforced by the Owner via lease restrictions. No bullets or numbering
\ Formatted:Font:Times New Roman,12 pt
Provide offsite parking for employees in the event additional parking is Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
No bullets or numbering
required during peak periods of use,
Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
Formatted:Normal,Indent:Left: 0",Don't keep with
® i i ,� affordable next
Housing Commitment within Project
Formatted:Font:Times New Roman,12 pt,Bold
2
,The Owner agrees to establish and maintain in perpetuity a minimum of four(4)of the [Formatted:Font:Times New Roman,12 pt
thirteen(13)Living Units as affordable"Local Action Units"certified under the
[Formatted:Font:Times New Roman,12 pt
Massachusetts Department of Housing&Community DI
��° Formatted:Font:Times New Roman,12 pt
HCD Local Initiative Program the",Affordable Units") I m III :.
m Formatted:Font:Times New Roman,12 pt
y."Ili„'m..��r ."71 '"hIIII ry PiW Jw��P w,W f t"11"11" III 111i W p d'" yl yli,.l w �� III i ! �iW M'I! M.�� WI III P,�•' 'll i ,�I iWl Zile
mI II. : .III II �m: � Ir � II. � ill. .�. t � ..
... .... -
All Affordable Units [Formatted:Font:Times New Roman,12 pt
shall be i d�
�ifi i lied(H1, ihg PWI qo situated within the Project so as not to be in a less Formatted:Font:Times New Roman,12 pt
desirable location than the market rate units and shall be spread evenly throughout the Formatted:Font:Times New Roman,12 pt
Project. The Affordable Units shall be integrated into the rest of the Project and shall be Formatted:Font:Times New Roman,12 pt
compatible in size,design,appearance,construction,and quality of materials with the
market rate units, 1�2 P dsIII�;;lipl, gi _ � Formatted:Font:Times New Roman,12 pt
doll ,The Owner shall,at its sole expense,undertake a lottery and implement an - Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
No bullets or numberin
Affirmative Fair Housing Marketing Plan(the""Marketing Plane';to solicit interest for g
the occupancy of the Affordable Units in accordance with applicable DHCD procedures Formatted:Font:Times New Roman,12 pt
then in effect.®The lottery g an s y
and the Marketing Plan be conducted b a DHCD-
-- -- -- -- -- -- -- -- -- Formatted:Font:Times New Roman,12 pt
�I( li�l ,lottery shall be conducted before ,
approved
agency. IIII ���� �m. �' �„� � ��.
[Formatted:Font:Times New Roman,12 pt
the ta&tsi)WA Certificate of Occupancy for the Project is issued. To the maximum extent
permitted by law,preference for the occupancy of at least 70%of the Affordable Units Formatted:Font:Times New Roman,12 pt
shall be given to residents of the Town claiming a local preference., Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
.:m ,Consistent with the terms and conditions established in this section,the Owner and the [Formatted:Font:Times New Roman,12 pt
Town,subject to DHCD'sreview and approval,shall draft and execute a binding, Formatted:Font:Times New Roman,12 t
recordable affordable housing agreement that will detail the protocol for the marketing, p
leasing,management and oversight of the Affordable Units.
,The Owner shall submit a proposed Local Action Unit(",LAU"),application,including a Formatted:Font:Times New Roman,12 pt
draft Regulatory Agreement Anil,F.: �1111,4j,and Monitoring Agreement,to the Town at the Formatted:Font:Times New Roman,12 pt
same time as it submits its Site Plan Review application to the Planning Board. The
Formatted:Font:Times New Roman,12 pt
Town and DHCD shall jointly serve as Monitoring Agents for the LAU.;The Owner �
„
shall reimburse the Town, Formatted:Font:Times New Roman,12 pt
for any monitoring fees incurred as Monitoring Agent. Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 pt
E. ,The Owner shall submit a final,signed LAU application to DHCD within 90 days of the [Formatted:Font:Times New Roman,12 pt
Planning Board's,determination on the Site Plan.- to the issuance of any building [Formatted:Font:Times New Roman,12 t
p
permits for the Project: (a)the Owner and the Town shall execute and the Owner shall
record a Regulatory Agreement at the Middlesex South Registry of Deeds,and(b)the Formatted:Font:Times New Roman,12 pt
3
Owner shall submit � � � �� II��� � � III�� ' : Sets of final approved plans Formatted:Font:Times New Roman,12 pt
from DHCD,stamped by a professional engineer,to the Town'sPlanning Office,together Formatted:Font:Times New Roman,12 pt
with a narrative indicating any changes from plans previously approved by the Planning
Board through the Site Plan Review process. If the Building Commissioner determines
that there are any substantial changes between the plans approved by the Planning Board
and the plans approved by DHCD,the Planning Board shall review the DHCD-approved
plans.
� It is the present intention of the Owner to complete all of the residential units at Formatted:Font:Times New Roman,12 pt
the same time. In the event the units are not available at substantially the same time, Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
Certificates of Occupancy for the Affordable Units shall be issued such that for every No bullets or numbering
four dwelling units completed,one dwelling unit shall be an Affordable Unit. The last
Certificate of Occupancy issued for the Project shall be for a market rate unit.
IVL. and Utility Easements Formatted:Normal Indent:Left: 0" Space After: 0 pt
Don't keep with next,Tab stops:Not at 0.5"
A-. Pfev4eAt"lal ... � ���,���ar .... screen gate at( ie..�emergency egress driveway m , u Formatted:Font:Times New Roman,12 pt,Bold
PEQPQ�.g (�V 14")IgglA using comparable materials to the existing or new fence along
Reed Street to screen views and discourage on street parking.
Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
Noise Testing&Abatement
® ' [Formatted:Font:Times New Roman,12 pt
A The Owner agrees to comply with the Town's Noise Control Bylaw,Chapter 80 of the Formatted:Normal,Indent:Left: 0",Space After: 0 pt,
Town's General Bylaws.-In its Site Plan Review application(s)for the Project,the Owner Don't keep with next,Tab stops:Not at 0.5"
and its acoustic consultant will submit a testing protocol to be used to establish ambient Formatted:Font:Times New Roman,12 pt,Bold
noise levels. These ambient noise levels will be used to determine compliance with the
Noise Control Bylaw. This protocol shall also be used in the event of future noise
complaints to establish compliance with the Noise Control Bylaw. The Town may hire,
at the Owner's expense,an acoustic peer review consultant to review the testing protocol.
. B. If the Town receives any noise complaints for the Project,or if the Owner makes -- Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
future improvements to the Project,the Owner shall demonstrate to the Town its Space After: 0 pt, No bullets or numbering
compliance with the Noise Control Bylaw. The Town may hire,at the
expense,a third-party acoustic consultant to review said compliance.
. c. Upon occupancy of the Project,the Owner agrees to prohibit deliveries to the
Project between the hours of 7 P.M.until 7 A.M.on weekdays and from 7 P.M.until to 8
A.M.on weekends and holidays.
® "11i 1 Sustainability Formatted•Font:Times New Roman 12 pt Bold
4
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..w + ., ,. ,' m � .���� III: � "'lii� �,.,,.. " ,. .w ..� � m�,,.m ". w �IP,1�. ,"m ww, ..
� ��"�....'� � � ... ���w: � � ..�� �:�III���I� �
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'., �..m.
i' 1 (I.r,l g.,::..��l..'� l.tl I' 1 III W ..L W c (I..I:�. l �:���. u''"'�w W .....� ul!..V.:'m ,'. .,u., W..,..,"' II:: ...' ��:. W .:u�W ....� «'W....i?... .fl���
III11(I I ll1�II b1,,1l h,I(II III)Iv lli gtl pgiiI It
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,... .,,
IIIIyry ....� ....� ... ....� l� .�..r I.III�. III ml� .... � .... ...�. �..... .... ..� ....� ....� ... ....� ...� ... .... ... ....�....
iIII�.t.IIc„,��l t III.,W���':,;ll r II li°:1 ..""�Ilill'iJ 'm '�� 1l ro 1'.l:�.0
VT]k VI I. COriSUnler Price IndeX Adjustment ' Formatted:Font:Times New Roman,12 pt,Bold
,I Formatted:Normal,Indent:Left: 0",Space After: 0 pt,
The Owner anticipates commencing construction of the Site Improvements not later than ,
the summer of 2021. However,in the event commencement of construction of the Site Don t keep with next,Tab stops:Not at 0.5"
Improvements is delayed,Owner agrees that,any payments required under this MOU that
are made after January 1,2023 shall be increased by the Consumer Price Index for all
Urban Consumers,Boston-Cambridge-Newton,published by the Bureau of Labor
Statistics,U.S.Department of Labor(CPI-U)for the previous calendar year(s);provided,
however,that these figures shall never be reduced below the base established herein. The
first such adjustment,if applicable,shall be completed on the initial CPI-U Adjustment
Date based on changes in CPI-U for the preceding calendar year. If the Bureau of Labor
Statistics should cease to publish the CPI-U in its present form and calculated on the
present basis,a comparable index or an index reflecting changes in prices determined in a
similar manner shall reasonably be designated by the Town in substitution therefor. The
CPI-U for any year relevant to the application of this definition shall be that published by
the Bureau of Labor Statistics for such previous calendar year.
® V1 11. Other Commitments Formatted:Font:Times New Roman 12 pt Bold
Formatted:Normal,Indent:Left: 0",Space After: 0 pt,
® Don't keep with next,Tab stops:Not at 0.5"
IIV �I.� S fbllol nI
.
The Owner shall preserve and renovate the Building and Barn Formatted:Font:Bold
that were originally built.-if ec
5
^ nk„® i 11 1, rOpelty 111 I r �e�+ c °°Y Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
+,,.,+,,w+It.k r r�,�r+IU x; ��„ P �,��, Space After: 0 pt, No bullets or numbering
[Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
n,,n„ n+;d>*,
6
17
%
JLJLIL
TWEr
I 9
,Short term rentals, e Air n °'�� � : �� vu,� � w o2e -- Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
�° „� Ill,
1 �;Figll::..be prohibited o m 61 II ,and enforced Space After: 0 pt, No bullets or numbering
by the Owner via lease restriction., A [Formatted:Font:Times New Roman,12 pt
,The Barn slial_l not be used for real estate sales or rental as a principal
Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 t
use; mthis limitation shall not prohibit use of the Barn top
provide leasing and management services for the Project. Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
p
. Business or rofessiona office 'Cc will ������.,.,��It'll] miot(nit 16ii ovi,.,l ot:
exceed 25%of the commercial space of the New Addition. ` Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
The Owner I upon request,make a meeting room in the Barn
�
Formatted:Font:Times New Roman,12 pt
availabl
e for Precinct 8 community meetings during non-business hours.�
[Formatted:Font:Times New Roman,12 pt
Formatted:Font:Times New Roman,12 pt
°°'m. Miscellaneous [Formatted:Font:Times New Roman,12 pt
A-. &! Pindin_
Formatted:Font:Times New Roman,12 pt
Eg ffect.,
Formatted:Font:Times New Roman,12 pt
This MOU shall run with the Property as an encumbrance and shall bind
[Formatted:Font:Times New Roman,12 pt,Bold
and inure to the benefit of the Owner and its successors and assigns as owners of
the Property for as long as use of the Property is subject to the PSDUP. The Formatted:Normal,Indent:Left: 0",Space After: 0 pt,
Line spacing: single
Town and the Owner agree that the Developer may transfer all,a portion of,or an
interest in the Project to a new entity provided that any new entity acknowledges Formatted:Normal,Space After: o pt, No bullets or
that: numbering
Formatted:Font:Times New Roman,12 pt
This MOU shall run with title to each portion of or interest in the
p 1 Formatted:Font:Times New Roman,12 pt,No
Project and shall be binding upon any entity with an ownership interest in underline
the Property,and each of its successors or assigns as to the obligations Formatted:Normal,Indent:Left: 0.5",Hanging: 0.5",
which arise under this MOU during their respective periods of ownership Space After: 0 pt, No bullets or numbering
of the Property,provided that each predecessor-in-title shall be forever
7
released from this MOU upon procuring a written acknowledgment from
its immediate successor,addressed to the Town,acknowledging and
agreeing that such successor-in-title is bound by the terms of this MOU
and that this MOU shall be enforceable against such successor by the
'°� portion(s)
Board of Selectmen with respect to such " ���w.�,�,��:....���...�..�..�...::��..�....�.;°...��.
of the Property;and
b The obligations created hereunder shall not be treated as assumed
by any new entity,and no prior entity shall be released from such
obligations,until such notice is delivered to the Town.
This MOU may be enforced by any remedy provided at law or in equity.
This MOU and the Lexington Zoning Bylaw 6' "Bylaw" ,"),,as modified by the
PSDUP,shall be construed in such a way as to reasonably harmonize any
conflicting provisions,but in the event of any irreconcilable conflict between this
MOU and the Bylaw as so modified,the Bylaw as so modified shall control,
subject to the provisions of any applicable State or Federal law.
3. The Owner shall,prior to applying for a building permit for construction of the
Project,promptly record a Notice of this MOU with the Middlesex South Registry
of Deeds and furnish proof of the recorded notice to the Building Commissioner's
Office,Town of Lexington, 1625 Massachusetts Avenue,Lexington,MA 02420
and to the Conservation Administrator,Town of Lexington, 1625 Massachusetts
Avenue,Lexington,MA 02420.
(Existence and Authority. The Owner represents that it is a Formatted:Font:Times New Roman,12 pt
Massachusetts Limited Liability Companyduly formed,validly existing,in good Formatted:Font:Times New Roman,12 pt
standing and duly registered to do business in the Commonwealth of Massachusetts. This --------------------------------
MOU constitutes a valid and legally binding obligation of the Owner,enforceable against
Owner in accordance with its terms,and neither the execution,delivery or performance
of this MOU nor compliance herewith conflicts with or will conflict with or results or
will result in a breach of or constitutes or will constitute a default under(1)the
organization documents of the Owner,(ii)any law or any order,writ,injunction or decree
of any court or governmental authority,or(iii)any agreement or instrument to which
Owner is a party by which it is bound.
® C, Cooperation. The Owner hereby agrees to cooperate with the Town on an.... Formatted:Font:Times New Roman,12 pt
ongoing basis to implement this MOU. [Formatted:Font:Times New Roman,12 pt
Formatted:Normal,Indent:Left: 0.04",Hanging:
0.46", No bullets or numbering
default;Opportunity to Cure. Failure by either party to this MOU to perform any Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
term or provision of this MOU shall not constitute a default under this MOU unless and No bullets or numbering
until the defaulting party fails to commence to cure,correct or remedy such failure within [Formatted:Font:Times New Roman,12 pt
fifteen days of receipt of written notice of such failure from the other party and thereafter
8
fails to complete such cure,correction,or remedy within sixty,days of the receipt of such Formatted:Font:Times New Roman,12 pt
written notice,or,with respect to defaults that cannot reasonably be cured,corrected or
remedied within such sixty-day period,within such additional period of time as is
reasonably required to remedy such default,provided the defaulting party exercises due
diligence in the remedying of such default. Notwithstanding the foregoing,the Owner
shall cure any monetary default hereunder within thirty days following the receipt of
written notice of such default from the Town.
Time is of the Essence. Time shall be the essence for this MOU. Any reference Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
in this MOU to the time for the performance of obligations or elapsed time shall mean No bullets or numbering
consecutive calendar days,months,or years,as applicable. As used in this MOU,the [Formatted:Font:Times New Roman,12 pt
term";Business Day" shall mean any day other than a Saturday,Sunday,recognized Formatted:Font:Times New Roman,12 pt
federal holiday or recognized state holiday in the Commonwealth of Massachusetts. If
[Formatted:Font:Times New Roman,12 pt
the last date for performance by either party under this MOU occurs on a Saturday,
Sunday,or recognized federal or state holiday in the Commonwealth of Massachusetts,
then the last date for such performance shall be extended to the next occurring Business
Day.
ermittin . The execution and delivery of this MOU does not constitute an Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
agreement by the Town that any necessary permit or approval for the Project will in fact No bullets or numbering
be granted,including,without limitation,approval of the PSDUP by the Lexington Town Formatted:Font:Times New Roman,12 pt
Meeting or issuance of any permit,certificate or approval for the Project.®The execution - Formatted:Font----------:Times New Roman,12 pt
of this MOU shall be incorporated into and made a condition of the PSDUP. -------------------------------
Effective Date. This MOU shall become binding when all permits necessary for the Formatted:Font:Times New Roman,12 pt
Project,including the PSDUP and any Special Permits,5i l 1 m :., and Order Of Formatted:Font:Times New Roman,12 pt
Conditions for the Project,are effective and the Owner has notified the Town in writing
of its intention to proceed with construction of the Project(the" ffective Date") In the Formatted:Font:Times New Roman,12 pt
event that(i)the changes to the Zoning Bylaw effectuating the PSDUP are disapproved Formatted:Font:Times New Roman,12 pt
by the Massachusetts Attorney General or a court of competent jurisdiction,(ii)the
Owner fails to obtain or maintain any permit,certificate,or approval necessary for the
Project or(iii)the Owner chooses not to proceed with the construction of the Project and
notifies the Town accordingly,this MOU shall be null and void.
11. Amendment of MOU.Jhis MOU may not be amended,modified or terminated except by [Formatted:Font:Times New Roman,12 pt
a written instrument executed by Owner or a successor owner and by the Board of \ Formatted:Font:Times New Roman,12 pt
Selectmen.. A, Formatted:Font:Times New Roman,12 pt
9
1 Enforcement;No Waiver.-The failure of the Town or the Owner to enforce this Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
��,�r s
MOU shall not be deemed a waiver of the Town or the -� � � '��, No bullets or numbering
to do so g
thereafter. Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 pt
[Formatted:Font:Times New Roman,12 pt
�Severability.;The invalidity of any provisions of this MOU as determined by a
Formatted:Normal,Indent:Left: 0",Hanging: 0.5,
court of competent jurisdiction shall in no way affect the validity of any other provision
No bullets or numbering
hereof. If any provision of this MOU or its applicability to any person or circumstances
[Formatted:Font:Times New Roman,12 pt
shall be held invalid,the remainder thereof,or the application to other persons shall not
be affected. [Formatted:Font:Times New Roman,12 pt
Applicable Law. This MOU shall be governed by and according to the laws of Formatted:Normal,Indent:Left: 0",Hanging: 0.5",
No bullets or numbering
the Commonwealth of Massachusetts,as amended from time to time. Any action brought � g
by the Town hereunder may be brought in the Land Court or the Superior Court in and Formatted:Font:Times New Roman,12 pt
for the County of Middlesex,and the Owner hereby agrees to the jurisdiction of such
court.
10
Formatted:Left
i Formatted:Font:11 pt
®Executed under seal as of the date first set forth above. Formatted:Font:Times New Roman,12 pt
[Formatted:Space After: 0 pt
\ IKI QE I I IF, 1
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....................................................................................................................................................................................................................
12
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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...........................................................................
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13
Formatted:Font:Times New Roman,12 pt
[Formatted:Space After: 0 pt
14
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proposed Sustainable Lexington Committee Charge Amendment
PRESENTER: ITEM
NUMBER:
Dan Voss, Chair of Sustainable
Lexington Committee I.5
SUMMARY:
Dan vo s s, Chair of the Sustainable Lexington Committee, will present proposed amendments to the
Sustainable Lexington Committee Charge for the Board of Selectmen's review and approval.
The proposed changes to Sustainable Lexington Committee charge include the following:
• Town energy management was inserted
• Liaison representation from Town Staff
• Membership increased from 7 to 9
SUGGESTED MOTION:
Move to the amendments to the Sustainable Lexington Committee Charge as proposed.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:05 p.m.
ATTACHMENTS:
Description Type
lkackup ICE tetial
Sustainable Lexington Committee
Members: Deleted:7
Appointed by: ,,Select�OaAr
Commented[JP1]:Might as well make this change in the
Length of Term: 3 years, staggered charge now rather than waiting to change later.
Appointments Made: September 30
[Deleted:Selectmen
Meeting Times: As posted
Description: The Sustainable Lexington Committee will advise the,5elect Board on Deleted:Selectmen
proposals affect Lexington's sustainability and resilience and will recommend, Deleted:which
develop and monitor programs designed to enhance Lexington's long-term sustainability
and resilience in response to environmental,resource and energy challenges. The
effortsCommittee will focus its on Town,,residentialSS s
and activities,
The Sustainable Lexington Committee will:
1. Recommend sustainability policies,goals_,and standards;and priorities for Deleted:recommended
implementation
2. Recommend ways to enhance energy gonservation and use of renewable energy Deleted:
throu out the 'S commercial,residential, sectors
municipal and school buildings, street lights,vehicles,and equipment).
should include strategies 1tor and measure energy procurement,use and
costs for the municipal s
3. Develop and recommend programs required to meet the Town's sustainability
policies,goals nd standards- Deleted:,
4. Monitor and measure effectiveness of sustainability programs undertaken by the
town° [Deleted.:,
5. Educate and raise awareness among Lexington residents regarding Lexington's
sustainability and resilience° Deleted:,
6. Review and provide recommendations regarding proposals put before the Deleted:Board of Selectmen
Board and Town Meeting affect Lexington's sustainability and resilience•
7. Coordinate with other relevant" s, ommittees and Town Departments on
Deleted:which
sustainability issues to enhance effectiveness and avoid redundancy Deleted:
8. Monitorstate and local issues affect Lexington's ability to achieve its Deleted:boards and committees
Y
sustainability-policies,goals,and standards and recommend actions to support
= g Deleted:,
priority'ss • and
Deleted:Stay abreast of
9. Perform other related projects as may be requested by the,elect oard.
Deleted:which
Membership: The Sustainable Lexington Committee will be made up of voting \ Deleted:,
members,each of whom is expected to have specific areas of responsibility and,in Leleted:
addition,be aware of overall challenges.The committee will periodically solicit
participation from other non-voting individuals("team members")with skills and Deleted:Board of Selectmen
expertise to complete discrete projects required to achieve the committee's objectives. Deleted:seven
Criteria for Membership: Committee members and team members shall be selected
based on the following highly desirable criteria for membership:
1. Built environment technical expertise including:
a. Buildings
b. Energy systems
c. Transportation
d. Water infrastructure
e. Waste prevention and management
2. Land use technical expertise including:
a. Food supply and agriculture
b. Native and invasive species management
c. Ground water management
3. Community organization and development experience
a. Education&awareness campaigns
b. Effective political advocacy
c. Economic impacts
4. Strong communication,writing,presentation and computer skills
5. Demonstrated track record of effective collaboration
6. Strong team management shills(esp.committee members)
Committee members and team members will be assigned to act as liaisons with other
town committees.
Prior to serving as a member of this Committee,appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute.
Further,to continue to serve on the Committee the member must acknowledge
annually receipt of the Summary of the Conflict of Interest Statute. Said Deleted:
summary will be provided by and acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-
line training requirement required by the Conflict of Interest statute.Further, Deleted:
to continue to serve on the Committee,the member must acknowledge every
two years completion of the on-line training requirement.
Conduct of Committee meetings: Committee meetings will be conducted formally with
the chair receiving reports from committee members and team members.The chair will
recognize speakers and follow a defined agenda that will include an opportunity to
propose new business.
Staff:The Town staff member responsibles i v s shall be a permanent
Committee.liaison to the ,,,Liaisons y also include representativesDeleted: Members with interest/expertise in ways to
of Public Works,Department of Public Facilities,5elect Board,and School Committee, enhance the Town's sustainability,resilience,and energy
y conservation programs.
as [Deleted:Board of Selectmen
Ref.: Charge adopted on June 21,2010.
Member designated as Special Municipal Employees by the Board of Selectmen
on June 21,2 010.
Selectmen approved revising charge on April 22,2013 to change the membership
from 5-7 members to 7 members.
Sustainable Lexington Committee
Members: 7
Appointed by: Selectmen
Length of Term: 3 years, staggered
Appointments Made: September 30
Meeting Times:
Description: The Sustainable Lexington Committee will advise the Selectmen on proposals
which affect Lexington's sustainability and resilience and will recommend, develop and monitor
programs designed to enhance Lexington's long-term sustainability and resilience in response to
environmental, resource and energy challenges.
The Sustainable Lexington Committee will:
1. Recommend sustainability goals and recommended priorities for implementation,
2. Develop and recommend programs required to meet the Town's sustainability goals,
3. Monitor and measure effectiveness of sustainability programs undertaken by the town,
4. Educate and raise awareness among Lexington residents regarding Lexington's
sustainability and resilience,
5. Review and provide recommendations regarding proposals put before the Board of
Selectmen and Town Meeting which affect Lexington's sustainability and resilience,
6. Coordinate with other relevant boards and committees on sustainability issues to enhance
effectiveness and avoid redundancy,
7. Stay abreast of state and local issues which affect Lexington's ability to achieve its
sustainability goals, and,
8. Perform other related projects as may be requested by the Board of Selectmen.
Membership: The Sustainable Lexington Committee will made up of seven voting members,
each of whom is expected to have specific areas of responsibility and, in addition,be aware of
overall challenges. The committee will periodically solicit participation from other non-voting
individuals ("team members") with skills and expertise to complete discrete projects required to
achieve the committee's objectives.
Criteria for Membership: Committee members and team members shall be selected based on
the following highly desirable criteria for membership:
1. Built environment technical expertise including:
a. Buildings
b. Energy systems
c. Transportation
d. Water infrastructure
e. Waste prevention and management
2. Land use technical expertise including:
a. Food supply and agriculture
b. Native and invasive species management
c. Ground water management
3. Community organization and development experience
a. Education & awareness campaigns
b. Effective political advocacy
c. Economic impacts
4. Strong communication, writing, presentation and computer skills
5. Demonstrated track record of effective collaboration
6. Strong team management skills (esp. committee members)
Committee members and team members will be assigned to act as liaisons with other town
committees.
Prior to serving as a member of this Committee, appointees are required to:
1. Acknowledge receipt of the Summary of the Conflict of Interest Statute. Further, to
continue to serve on the Committee the member must acknowledge annually receipt
of the Summary of the Conflict of Interest Statute. Said summary will be provided by
and acknowledged to the Town Clerk.
2. Provide evidence to the Town Clerk that the appointee has completed the on-line
training requirement required by the Conflict of Interest statute. Further, to continue
to serve on the Committee, the member must acknowledge every two years
completion of the on-line training requirement.
Conduct of Committee meetings: Committee meetings will be conducted formally with the
chair receiving reports from committee members and team members. The chair will recognize
speakers and follow a defined agenda which will include an opportunity to propose new
business.
Staff:
Ref.: Charge adopted on June 21, 2010.
Members designated as Special Municipal Employees by the Board of Selectmen on June
21, 2010.
Selectmen approved revising charge on April 22, 2013 to change the membership from 5-
7 members to 7 members.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Amendment to Board of Selectmen Alcohol Beverage License Regulation Applicable to
Package Stores
PRESENTER: ITEM
NUMBER:
Doug Lucente, Chair
I.6
SUMMARY:
The Board is being asked to make the following amendments to Board of Selectmen Alcohol Beverage
License Regulation Applicable to Package Stores:
. Remove Memorial Day and the phrase (or the next day if Christmas occurs on a Sunday) from Section
II.3 regarding the holidays listed for which licensees may not sell or delivery alcoholic beverages as per
the ABCC 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 Alcohol Beverage License Regulation Applicable to Package Stores by
removing Memorial Day and (or the day if Christmas occurs on a Sunday) from Section II.3 and correcting
Sunday 12:00 a.m. to 12:00 p.m. in Section IL4.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:15 p.m.
ATTACHMENTS:
Description Type
1'.)R.A.FTA.rne n(fi-rien t Alcof-w]Regs Package.StIore Aug 2019(redlin.ed
F) Bad<up Material
vers,ion.)
F) DRA.F'I"A.nic,,i,l.(iaril .t A.lcoho]Regs Package Sto re�Aug2019 Backup Material
D 2019 ABC,.('/floliday(X.)servance(,'A,Iendar f3kickup Material
BOARD OF SELECTMEN REGULATION
Alcoholic Beverage License Regulations Applicable to Package Stores
Date Approved by BOS: Signature of Chair:
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 i
Thanksgiving and Christmas
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:
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.
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
Amended by the Board of Selectmen on
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:
Applications: LABBB Collaborative/Steve Eastridge for Lexington Battle Green Culinary
Oktoberfest
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.7
SUMMARY:
A Special Event application was reviewed by Town Managers Office, Police, Fire, DPW Departments and a
Special Event Permit has been issued by the Town Managers Office for this event to be held at Fletcher Park.
In addition to this permit, the proponent seeks One-Day Liquor Licenses and Entertainment Licenses from the
Board of Selectmen.
The Board is being asked to approve an Entertainment License and Sunday Entertainment License for
LABBB Collaborative for the purpose of providing live music for patrons of the Lexington Battle Green
Culinary O kto b erfe s t to take place on Saturday, September 28, 2019 from 11:00 a.m to 7:00 p.m. and Sunday,
September 29, 2019 from 12:00 p.m. to 4:00 p.m. at F letc her Park, on the corner of Massachusetts Avenue
and Fletcher Avenue near Woburn Street.
The Battle Green Food Festival(Steve Eastridge/LABBB Collaborative)has requested a one-day liquor
lic ens e to serve beer and cider for the purpose of their Lexington Battle Green Culinary O kto b erfest event to
be held at F letc her Park, on the corner of M as s ac hus etts Avenue & F letc her Avenue near Wo b urn Street, on
the following dates:
• Saturday, September 28, 2019 from 11:00 a.m. to 7:00 p.m.
• Sunday, September 29, 2019 from 12:00 p.m. to 4:00 p.m
SUGGESTED MOTION:
Move to approve an Entertainment License and Sunday Entertainment License for LABBB Collaborative for
the purpose of providing live music for patrons of the Lexington Battle Green Culinary O ktob erfest to take
place on Saturday, September 28, 2019 from 11:00 a.m to 7:00 p.m. and Sunday, September 29, 2019 from
12:00 p.m. to 4:00 p.m. at F letc her P ark, o n the c o rner o f Mas s ac hus etts Avenue and F letc her Avenue near
Woburn Street.
Move to approve a one-day liquor license for the Battle Green Food Festival(Steve Eastridge/LABBB)to
serve beer and cider for the purpose of their Lexington Battle Green Culinary O kto b erfest event to be held at
F letc her Park, on the corner of Massachusetts Avenue & F letc her Avenue near Wo b urn Street, on the
following dates:
• Saturday, September 28, 2019 from 11:00 a.m. to 7:00 p.m.
• Sunday, September 29, 2019 from 12:00 p.m. to 4:00 p.m.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:20 p.m.
ATTACHMENTS:
Description Type
,.Zi,ei aiinwient.1 icense Application D L A BBB,CA.)Ila borative 20 119 E t t f3ackup Material
F) One Day LJ...........Steve I^,astrjdge 13(ackup V11aterial
OCUL ()0
,
.� C3
T OWN OF LEXINGTON
Jul 10 2019
SELECTMENS OFFICE
APRIL 191"
APPLICATION FOR
ENTERTAINMENTLICENSE
The Board of'Selectmen issues :,~entertainment ficenses to e stab lis ,nients that have theatrical
exhibitions.,itions; public; sh( ws,pubtic arnusc;ments and exhibitions of ever�, description (incfu i11�,
televisions). Please till in this form completely and. retuni to the e ecti-ri n's Office along with a
check for$5.00 made payable to the Town of Lexitio'ton,
CORPORATE NAME:
Z,A bB
i
\.../ t- 1 1"E M k` N.^7►. r .1 E NAME D P - )N E NUMBER: '+I
7777
EMAIL ADDRESS:
TYPE OF ENTERTAINMENT: M &C-L 04-
. . . f " l oN .. I N Fo.R MA "' (-)N:_._ . M.5tc �� i = ' C,� -7..__..�.......... � r..__.._.....�..._... � �..... ��_.�_.�
1 47 Aj
Authorized "�_;i ,n ture Federal .e. tific�ation No. or
ke—( -+f 1 octal Security Number
Submit to Selectmen's Office: Date'—
. Application
'. Check for $5.00 (payable to 'I"oNvn of Lexington
Entert inmentf_icense revised-2/ /201*7
URI
TOWN OF LEXINGTON
.,,R � SELECTMEN'S OFFICE ,�' J u� � 0 2019
�
APPLICATIONFOR
ONE-DAY LIOUOR LICENSE
The Board of Selectmen(Local Licensing Authority)may issue One-Day Liquor Licenses for the sale and/or service of wine
and malt beverages to any enterprise;all alcoholic beverages may be issued only to non-profit organizations. As required by
the ABCC,Liquor for use at a one-day liquor license event must be purchased from a licensed wholesaler.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: L A 6c.--t f I.L m-n S f
rv'�
CONTACT NAME AND NUMBER: ta
ADDRESS FOR MAILING: � �--.���c•c� �CJ� �r.1 e�j��,� CJ� $D �
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT: yt-4-�
LOCATION AND ADDRESS: 1657
P r�
DATE OF FUNCTION: ICA-,
TIMES OF FUNCTION: °t_ Z g = 1 t -`T 2 p u,
TYPE OF LIQUOR TO BE SERVED: C I�/
DATE AND TIME WHEN LIQUOR DELIVERED: r
DATE AND TIME WHEN LIQUOR REMOVED: c � 7`c...r r G c� o�
ADDITIONAL INFORMATION:
Authorized Signat&e"� Federal Identification No. or
`7 01 1'�
Date � Social Security Number
Beer will be permitted on the Grassy Main Area and the pavement. This area will be
independently fenced and signed within the Festival Site.
1. Attendees who wish to purchase beer must present an ID proving legal drinking age.
2. After presenting a valid ID attendee will receive a wristband color coded for that date.
3. Banded Attendee may then purchase beer tickets.
4. Banded Attendee may then proceed to beer vendors, servers are TIPS certified (or
equivalent), and trade beer ticket for a cup of beer.
5. Police Detail will be on - site at all hours event is open to the public.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Proposed Board of Selectmen Proclamation Guidelines and Procedures
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.8
SUMMARY:
In order to facilitate processing requests, The Board is being asked to establish guidelines and procedures for
requesting proclamations from the Board of Selectmen's Office. The proposed guidelines and procedures
would be added to the Town web site under the Board of Selectmen's page. The implementation of these
guidelines would assist in streamlining the process of issuing documents of honor and recognition.
SUGGESTED MOTION:
Move to approve the proposed Guidelines and Procedures for Requesting Proclamations for implementation
effective immediately.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:25 p.m.
ATTACHMENTS:
Description Type
'H 'H J "N ri�q J 1' ri 'H s
e ,
OR
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Tobin of kexington, -ff1a,5,5arbU.5ett,5
GUIDELINES AND PROCEDURES FOR PROCLAMATION REQUESTS
Proclamations are issued by the Town of Lexington Board of Selectmen to recognize the milestones and
achievements of individuals and non-profit organizations, to honor occasions of significance to the
community, and to increase public awareness of noteworthy causes. These public service documents are
reviewed prior to acceptance and are issued based on the compliance of the below outlined guidelines and
procedures. The Board of Selectmen reserve the right to decline requests based on the content or proposed
timeline submitted.
Guidelines for Proclamations
Proclamations can be requested for recognition of events, ceremonies, or celebrations of an individual or
non-profit organization within the Lexington community. Requests for proclamations will be processed
based on the following criteria:
a. Proclamations are for residents, organizations, or events located or organized within the Town of
Lexington.
b. Proclamations may recognize a day,week or month.
c. Proclamations that are issued for recognition of a resident typically include,but are not limited to,
the following:
■ Cultural celebrations;
■ Municipal or civic promotions;
■ Special honors or achievements(such as a retirement or milestone birthday).
d. Proclamations are outlined using a"Whereas" clause format.
e. Proclamations are to be submitted with advanced notice and contain complete and accurate
information, as outlined in the"Procedures for Requesting a Proclamation" section.
Procedures for Requesting a Proclamation
Requests for proclamations should be submitted to the Office of the Board of Selectmen 4 weeks in
advance of the event date. To submit your request,please send an email to „ ................. .. e dto a. ov
with"Request for Proclamation" in the subject line or by mail to:
Lexington Town Office Building
Attention: Board of Selectmen's Office
1625 Massachusetts Avenue
Lexington,MA 02420
All requests should include the following information:
■ Exact name, title, and/or date of individual, event, or celebration;
■ Complete proposed text, following the"Whereas" clause layout;
■ Facts about the individual or event in chronological order;
■ Requestor's name, address,telephone number, email address; and
■ Date the request is needed by.
Proclamations are not automatically reissued each year. When submitting your request,please note if your
request has been issued in previous years for the same event.
Any draft language provided may be edited or rewritten at the discretion of the Board of Selectmen.
Every request must be acted on favorably at a public meeting of the Board of Selectmen before being
issued to the requestor. The Board of Selectmen typically meet bimonthly.
Once a proclamation request has been processed,you will be contacted for pick up at the Office of the
Board of Selectmen.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Recycling IQ Grant vote
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.9
SUMMARY:
Attached is the presentation that Robert Beaudoin and Julia Greene made at the last Selectmen's meeting
related to the R ec yc ling IQ grant program aimed at educating residents about the need to remove contaminants
from the rec yc ling stream.
SUGGESTED MOTION:
Move to approve the To wn's participation in the R ec yc ling IQ grant program as presented on July 22, 2019.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:3 5 p.m.
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Committee Resignation
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.10
SUMMARY:
The Board is being asked to accept the resignation of Bonnie TenP as from the Human Services Committee.
The Board extends its thanks and appreciation to M s. TenP as for her time and effort in serving the L exingto n
Community.
SUGGESTED MOTION:
Move to accept the resignation of Bonnie TenP as from the Human Services Committee effective Thursday,
August 15, 2019.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:40 p.m.
ATTACHMENTS:
Description Type
uiuY Ib niw ,
1' ipimmu 1� oulUy i' �nr u,r%1t i,,.emni�p ,,�j Qamrvur i m�rNll7�uiruL�lf
�i, •uEm I��4 u'. �J',AJ" �rattn.v �' d,w..,I u,n,IUDDUG ttfP Ni�
q�
f
�h v
�.J U ..
To: Lexington, MA Selectmen and Town Clerk
!J
r- � a,
r m P�r oJ ,r@f7rii
From: Bonnie TenPas, member of Human Services Committee
Date: July 29, 2019
Re: Resignation from Committee
I have so enjoyed being on the Human Services committee for almost two years.
The staff and volunteers have strengthened and expanded services offered to
Lexington residents in amazing ways.
Before the start of a new year it is time for me to offer my resignation to begin
August 15, 2019, in order to pursue some volunteer opportunities. I do not wish
to be reappointed.
It has been a privilege to serve on this committee.
Please accept my resignation at this time. Thank you very much!
Bonnie TenPas
Bonnie TenPas
1010 Waltham Street
Apt. 237
Lexington, MA 02421
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss Board of Selectmen Future Meeting Dates
PRESENTER: ITEM
NUMBER:
Board Discussion
SUMMARY:
The Board will discuss meeting dates for August 2019 - December 2019.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:45 p.m.
ATTACHMENTS:
Description Type
F) BOS Scheduled Regular Vleetings 1)"Ites/I.,ist of other Suggested Meefingis Baickur)Material
BOS Meetings
Through December 2019
08/05/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
08/19/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
09/09/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
09/23/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
10/07/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
10/21/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
11/04/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
11/18/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
12/02/19 Monday 7:00 PM BOS Meeting Selectmen's Meeting Room
12/16/19 Monday7:00 PM BOS Meeting Selectmen's Meeting Room
g
IN MEN 1111 IN I
TBD TBD TBD 2019 Fall STM Battin Hall,Cary Memorial Building
TBD TBD TBD Fall Financial Summit TBD
TBD TBD TBD Budget Summit(s) TBD
TBD TBD TBD Joint BOS/Planning Board TBD
TBD TBD TBD Joint BOS/SC—Mental Health TBD
TBD TBD TBD Joint Meeting BOS/HDC—Hosmer TBD
House
TBD TBD TBD Joint Meeting with Housing TBD
Partnership Board—40R&40S
TBD TBD TBD Dept. Budget Presentations Selectmen's Meeting Room
Page 1 of 1
August 1,2019
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:
Neillio's at Lexington, Inc. has requested a one-day liquor license to serve beer and wine for the purpose of the
United States Senator Ed Markey C amp aign event to be held at The Lexington Depot, 13 Depot Square, on
T hurs day,August 15, 2019. The beer and wine will be served from 6:00 p.m. to 8:00 p.m.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019
ATTACHMENTS:
Description Type
E) On.e[)ay I..I.... eillio's Glateeing BaGckur)Material
l�G►R1Y
2 2019
TOWN OF LEXINGTON
. " nSELECTM"N"S OFFICE
APR1L WAN
Cht% -owN
' 128V
APPLICATION FOR.
15,,D_ r)
ONNE-DAY LIOUOR LICENSE 14W
The Board of Selectmen issues one-day liquor licenses to for-profit .. q and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. .
g n�. Please fill in this form
comp
letely and return to the Selectmen's Office aloe with a check for
Town g o �25.�� made payable to the
of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION• e 'l LL�t c2.,,S Le t rI oN �
CONTACT NAME AND NUMBER.: c*�t3 t- e_
ADDRESS FOR MAILING: 3
1 t
,�..� o '
�� 1
EMAIL ADDRESS*-
TITLE/PURPOSE OF EVENT: 'I) n QJ
LOCATION AND ADDRESS. ec.
DATE OF FUNCTION. S
TIMES OF FUNCTION:
TYPE ON LIQUOR. TO BE SERVED:
i � 11?
DATE AND TIME WHEN LIQUOR DELIVERED: )P�kj
DATE AND TIME WHEN DOI
LIQUOR REMOVED: • ,...,�. 9
R3D
� � � � N
ADDITIONAL INFORMATION:
Authorized Si t Federal Iden
tification No. or
Social Security Number
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Water & Sewer Commitments &Adjustments
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.2
SUMMARY:
Water and Sewer Commitment June 2019 Cycle 9 Billing $ 304,607.65
Water and Sewer Commitment June 2019 Finals $ 9,035.37
Water and Sewer Adjustments/W S AB 7/27/19 $ (79,247.81)
SUGGESTED MOTION:
Motion to approve the above Water and Sewer June 2019 Commitments
Cycle 9 Billing in the amount of$3 04,607.65 and Finals in the amount of$9,0 3 5.3 7; and Water and Sewer
Adjustments from the WSAB 7/27/19 in the amount of($79,247.81).
FOLLOW-UP:
Treasurer/ Collector
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019
ATTACHMENTS:
Description Type
Department of public Works
Town of Lexington
Water and Sewer Enterprise Funds
FISCAL YEAR 2019
JUKE 2019 Cycle 9 Bilfio g
JUKE 29
WATER $ 2,981857.79 2980857.79
FEE FOR BEDFORD $ 5.311.28 5,311.28
FEE FOR BURLINGTON $ 38.�58 438.58
TOTAL $ 304,607.65 3 0607.65
the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of thy+ rsons named
in the list of water/newer charged herewith committed to you and each one of his/her
respective portion herein set down to the sum total of such list„ Said sum being:
"Vit've st, - d'se,txii t 0/1010
tho,usand, Y,httttdre. M/Kir-rs a,,rid
And pay the suns int the treasury of the Town of Lexington
,and t r isl the powers conferred by law in regard th r t .
m
BOARD OF SELECTMEN 519
DIRECTOR F PUBLIC WORKS
Treasurer/Collector; Director of'Public Works,Water/Sewer Billing
Wepart men t of' Public Works
ins Town of Lexington
> Water and Sewer Enterprise Funds
FISCALYEAR 20,19
AMIL Fr
FINALS GRAND TOTAL$
JUKE 2019
WATER $6,066.29 $6,066.29
SEWER $21969-08 $2F9 .08
TOTAL.. $91035.37 $ , 5.37
To the Collector of Revenue for the Town of Lexington:
You are hereby authorized and required to levy and collect of the persons, named
in the list of water/siewler charges herewith committed to you, and each one of hi's/her
respective portion herein set down of the sum total' of such list. Sold sum being'.
I-e I
Mine thousandthtrtypve doCCars and371100
,And pay the some into the treasury of 'the Town of Lexington
and to exercise the powers conferred by law in reglard thereto.
.....................
DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 8/5/19
Treasurer/Collector,; Director Public Works, Water/Sewer Billing
F 2 1
ADJUSTMENTS TO ""A► 'E /SEWER
ar.m: AS RECOMMENDED BY THE WATER,AND SEWER ABATEMENT BOARD
PAGE'I OF 2
WS,XB JUNE 27,2019 B AUGUST 5, 1
i
0100100300 11 Road ( 1 1.8 ), ( 7 .' 4) ( 4 36) 930552 2019
0100230400 24 Bra uk� i Avewl°care ,317.52)) ( 7, 7 �9 4) ( , 4..4 ) 932337 21019 Toilet leak
1
02004459,00 80 l rrr°lin Eton:irc t ( 1 . ($4001. 7) (' 5 1. ) 935766 2019
0200431800, 172 [iurlin p(on Street ( 71.1 I 144. B) ( .1 ) 8, M1
0200433000 196 I1tar tr et KOO 935601 2019 Interest only
01010150802 9 Bruce Road 01.00 931227 2019 Interest only
i
030,0719502 15 Childs Road $0.00 9253442019 Interest only,
i
�._. 891302 ..1
0300702100 B 11,la'raneste ad Str t ( B.B ) a 7, ) 78.1 ) " 1 41 10 1'1 018
0200492500 Leonard,�n and Ro aal ( ) � , ) � ) ��' lt!1p! 019-2 1, Toilet leak
0300837500 39, L.Up co In Street ($11 16) ( 0,.. (► .7 ) 416 1 2019
0100980,802 1.ot4ar0 r C'ircI c ( 47 .°71) ( 47 .71) 918683 2019
0300747500 7 I inrib all Road (' 18,00) P 1 .84) ( 1, � 4) 94 2019Toilet leak,
0301907602 0 ouurne: 'i E '
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02,00486000 2 l anon 4`grace $2,724.04 $5,131.66.mmm.. $7,85530B 1 Underestimated
( ...01) .., ) ( w w ....01 Leak crossed bull periods
� � � � 18 "�1;�,��a+�luui,��tt:� "�w�o�a�r� 4, � ,74,+8�1 ,1'B -7+� mm� �.,
0200309600 1632 (, 1 a t 87) ($4, 0 (, ; 1 ') MuNtr Nay 2019/2018 Toilet leak
030,0622302 2685 ta�.sachusetts Aventle (� ,97) ( ,97) 924047 2019
i
01001 0 118 Ma:rretw Road ( 4 , 1) ( 1,5 27.77) ( 1,9' 1. 8) 91171177 2019 Toilet leak,
01 01 ' 8 140, "tarreu Road ( 71. 8) 4-�'B) ( �, ) .� 931,944 2019
I
03019,00800 42 Roosevelt Road ($ 77 ) �$911 :8 ..) �.. ( e , 943787 2019 Toilet leak
0200476902 14 Russell r aLar m 14-78) 1438) 921412 ...,� Overestimated
'art�im.... .mm.., ( ,.,6 � (, ... - ) 77 01 Swap d Deter
FY201
ADJUSTMENTS TO WATER/SEWED
AS RECOMMENDED BY THE WATER ANDSEWER AT M1 T BOARD
PAGE 2 OF
0100099000 Peachtree R(Iad ( 4 .4 ) ( 1,; ". ) ( 1, .4 ) Multl,le 2019-20,18 Redistribute usage
0,802600 8 Sri INav�ara S dree1 ,21 ,8I ( 14� ) 92,6367 2019lu'u'ugtin on Dom"I'le-sl!"i",C----
0100092002 34 l y Ier Road $0.010 915,6168 2019Irkt r t"nl ..........�
i
1 90 \korthen Road ($8,3 92 00) ( 8, .0 ) j '923942, 2019hacatald have been"Flat Fe "core
I
It is the recommendation f the Water r and ;fewer Abatement Board that the Town Collector be authorized to waive interest that has accrued
n the bills included h r int,unless stated here otherwise,from the due date f the kill until 30 calendar days after the date of written
notification to applicant of the Selectmen's action.
------------
WATER. SEWER 'TOTAL
DIRECTOR T E PUBLIC WORKS BOARD OF SELECTMEN EN /201
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Executive Session- Exemption 6: Consider Purchase of Two Real Properties
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
E.1
SUMMARY:
Discussion regarding easement at Fiske Common Condominiums and discussion on the value of a potential
land acquisition.
SUGGESTED MOTION:
Suggested motion for Executive Session: Move that the Board go into Executive Session to consider the
purchase of two real properties and to reconvene in Open Session only to adjourn. Further, that as
Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the
Town.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/5/2019 8:55 p.m.
ATTACHMENTS:
Description Type