HomeMy WebLinkAbout2019-08-08 BOS Packet - Released SELECTMEN'S MEETING
Thursday,August 8, 2019
Town Office Building, 1625 Massachusetts Avenue, Selectmen's Meeting Room
2:00 PM
AGENDA
ITEMS FOR INDIVIDUAL CONSIDERATION
1. 186 Bedford Street Memorandum Of Understanding 2:00 p.m.
ADJOURN
1. Anticipated Adjournment 2:15 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,August
19, 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 Ley6edil"a
subject to change. Recorded by LexMedia
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.1
SUMMARY:
Attached please find the original documents from the meeting on 8/5/19, as well as two new documents -the
"memo" format addressing the 17 items that were removed from the MOU and a second document addressing
item 10 (which said to be determined)which is a series of emails between Sheila Page from the Planning
Department and Evers o urc e indicating the final location of the transformer is made by Evers o urc e.
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:
8/8/2019 2:00 p.m.
ATTACHMENTS:
Description Type
F (JPdated IVIOU (:ever Mein)
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.
1
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
2
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:
4
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
�....
rib,m ,µ m � ,�.w.. ,.,m� �� m;.„. m ,,.,,,. w,.� � „m "'m m�,,. .,,. m if �i����
� m I� ;IIII ar 1 III II m �m I 1� S � . m.�Il III I � I � ...Vm m
.... ..
, ,�� TINI .w, ,, it t,m r" 12 ~0 2
. .�. II II 1 .I iI .t 1, �� � �a��.11l i Itie 1 ���.xi�� I loq Stis'taip �..���
'l�IIII,.,„,.III,y� µ,//�' ��,.�w.�� "�ipp "m'l� ryry ry� Im,"�""��'lf."ill p" ,.,�i.��W, y�ry m�,l�,. .,�....jr IImI u�y� I:::."n y�y;y�`m,..„i IIII��u�illf',�`'�II"'i"III;::'���ri� „,,mow.y�y„y�'1�..����u m,y�y„.�y�., i,III", m,„'�i III"'^"m r w '1�.,��.
A Ill!��N'�VV �t JII,:.� 11 1��„III 7 iV�,r'�'..�:�,� 111 E�:III W�.I[-'�ll31 �,:�V«"i.i °u'..�*T �'M l Vl� ..III.6��W III' i...W.. !II m l W..i� +�����W III 111 l"I...1'�V�..III��bi IIII l";':��::: u„"m l..� U'
� '�-...
,.m m.,. ,: m,.;, .,;. �" .,"I,.. g" °,.,.11) "Z111
q un;n i g ,. ,., Is..
m � m
„ :mn"m� ,,.�;�,.. 1�,:::m m„ :::wm ��..,illy �u l:"m°,.,., ,.,.,�., „ l�II17 ,,„µ .,w, ,,,,, li% ,,.,� -::"m�m ' m .„e
..w + ., ,. ,' m � .���� III: � "'lii� �,.,,.. " ,. .w ..� � m�,,.m ". w �IP,1�. ,"m ww, ..
� ��"�....'� � � ... ���w: � � ..�� �:�III���I� �
..•,m ., , J�� �III �..m.,u,�I �. �' �I 1 m „�... � II "Cl
'., �..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
S m,`,„,m ~n mn� �J�.,,. m ,� �� ~n�,,; „.m,,I ::~n ,-m,� m,„ ���"' .�' ~n1 �'"'191
�. 91,141
,... .,,
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
CQ f 1
C"-7_,r%ro r►E: KI �+
® .
4 A r le! �;i
-'r I n nrr,u�o
\ / I
'i r% fr.r +raze-b+ I I f
r
....................................................................................................................................................................................................................
12
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
:. I. c a r k Scan �, n.
...........................................................................................................................................................................................................................................................................................................................................................................................................
...........................................................................
III�°;u()B(dtbrd
13
Formatted:Font:Times New Roman,12 pt
[Formatted:Space After: 0 pt
14
V111. Othe�rCommiitnietits
A. The Owner agrees to it Ude or address, as the case may be, the 't'ollowin g matters
in.C0.11JUnctim witl], its, applicatioia for Site Plan Review, in additiml to any other
considerations required by the Planning and in. the Site Plan. Review PIocess-
1'. The Owner shall pr, rve and renovate the Building and Barn that, were
origin,ally btii It circa 1�8 74, Se L'�,-_)t2ji i ii ed f 1-otn, LeX I Il 4 1.1
I Ica] Coj:i:i.n]1SS1,M1 Februi, ry 18 ('"'an n�-mkc cm:ufifiml of fistot c�t 2 0, 0
]p SF)Lf 1) i'I'desh-ecL,
2. Depict locations, ofabLittilIg property buildings and r lated improvem..e rat
s
for context with respect to the ProJect plati. PRes,potise.- I o,c(,,At(,i on, Corttex,t
3. Provide adeqUate landscal)e and fence screening, along the p-erii'lleter. of the
pro rat y that abuts, residential properties. Coordinate with residential
abLItters regarding re'view of the Preferred screen.ing p4an. Review existing
fen.ce conditions, and r e p a i I-,/' rep lace as necessary,. it P S,_Q L)P
4 'A nial'o i-i t 1,t 1"ie I" �I 1,11 d S C IS -i det, H 11,10 e:sit t,,�t s i),e c, i�e d i j": _kl �, L I S.1 11_L, 14, IJ
C,1 10 t h e Z o-i t'i isions, of'Sectio,n 5.3.1 tluou
W
'111-ul'i J1,110i sect,on g), B y L'i w W
d L
53.15, C11"Idsc i)e Plaji L I has 1)een I pt"In L-21
a ti c L
L e a ti,d S c L2 'j',E,a n is i t i n s; a i i,d, S,e a,ic k is, has belen a,dd .edj I t i lj.._C1
............
4. Design site ligh.ting to niaintai.n. appi-oprliate i.11 U M ination for public safety
and to not introdUCe light trespass onto abUtting residential plropet-ty. Site
lighting design to conforni with applicable Zoning By-law riegLilatimisi.
, ), JTx _g ,R e S 1, 1SLL ecdoK Sion .4.,
0 .. ?Aj lj�cLl c),1" 'L.,I I it lo
.........
5. Add deciliduOUS canopy tree quantity to m.itigate the nUml.ber of trees
removed as a r e su l t of the Project. Res on se.- See La i-u-Isic,cille Ptat"Its.
P
6. Specify New Englan..d native plailt materials with, consi I deriation, for use of
recon,ii,ii ended Middlesex Cottnty plant materials lists for con sistel'I.Cyl.
ij,idsc,-L,Ipie 1,144,-llis,qjj�'e, See L
7'. EvalLiate if a portion. of proposed surfiace parkin.g adjacent 'to, abUtting
residetitial property can be relocated to create additional open space I'II this
area. o"11"Ise: 'EvalAull"Jot-1, done i tjol feasilfle (0 ITIOCIIAC SLIT''I"i
P,"117kin"', -, (he 10 F1- "T'r s.I i I tioji as 1,m.-oposed \k"'IS R)Ullid ,,ICCCL)LaL) 13,o,a t-cl a
'L1j,,1'eN/i0L1S meet 11Q,j I-L
8 to a now storage plan that SUnimarizes Owner's now n1an.'a gem ent
protocol, to, remove snow off-site during periods of heavy snow
aCCLIMUlation. R oi:.ie & mP S hmytrI . Ii�e Slits ,bi"islict 1,()Ilo
FI �ig iii t'ot.ji- loatimi ot1the t0 )erty, l
As C U Is,to 11"Ig i-y 0\v 11 C r W' c I'll i t i C),
ieij,io,,v,e sgoy :ft'site wtle tri t1,C,1C-C-S-S,i
9. Location of trash. CILIMpster Neill be moved away from the lot line ofthe
adjacent residence. Coilsider lockabl.e durnpStCr U111tS, to discourage
todents and illega,l &Irnpillg. J1_(')I-)S'C" CIA111-1-1 tCf� W'id
e lostlre di -I.ew sc-r,('.-,en ferwe is [ocatecl, iqext to
llc ,' iO4 1,
firorrl" lot lit'le of al "I"'lie
C''Xistil.1gr sct-een f li,ce f(.n- ffi(-It residei-i�ce to, rell"11,Z"IA I 1"Y" (1,111d Evcrgy�,
11 C Iw. S t ta'u' I re s"d e ii.c e I ot 1, n C. a II C1, I
r sed -j,. 1, 0
............................................................................................................
...........
bekyeen the resh"Ic-�,nce 4"trid CILIFIlpster all as shovkIll. 01"I
10, Relocate electric transformei.-away from abUtting residential, lot. Final
transforn'ier JOCati0II, SUbJect to approval by pt-ivate Lthlity conipany,
f q 1,2 n q l'o, [),c detertiL in.ed l -
c,'), s
I I Maintai�ti compact parking spaces along front, of retail to min.itiiize tree
root d,isftubances. Maintain, a 2' gi.'ass, zon.e with no plantin.gs at, end of
parking stalls to allow for vehicle overhang. �,pqjlse- See Site
Lrfl.'I'd Se'�b(Ick.s C C Constrt,ic,w),n, Plan, L,an '4� -111)
P 1 4a n.
12. Retain. a certified arborist to assess health of existing tiiattul'e trees. The
Arborist in. con.SLII'tation with the Landscape Architect shall, l rovide
gLlidm.ce for tree Preservation an. root protection meaSUres duril'19
sitehitility constrUCtion. I'ze' 0'11'S'e.nm -I'I"IJ -C)ICC -S.' SA.-T L.,ctuidscaj)e (anid
["-'and (u'icl Setb,,jcl�,s, Pkan ajid
Assessri"Ient �,:'t.ttL-W.Ijed to, re fil I'll 2, 0I`JJ-iti,e 6.
13. Design retajnJiig well systerns to reflect tt'aditional New England dr -laid
n a t U ral stone, wall style. Response: See Site ()]."ISU'LiCtio,ji .1. ctn.
1 4�, SUbmit details o'ti Vroiect site idei.ifity signage mid locations in accordance
with the PSDUP and app'licabte Zoning By-law regLflation,s. lZes pse
Si. cletails, locatioti to, be t"TilL-i'liz-'ed al," Si te "PNI I-I Revic"Wi Z,mlirig
1"):1'C V I 10 11 S CIII I C in. PSDIIJP Text.- )79", 1............
15. Cotisistent with Lexington sustain.ability objectives, the design of the.
Project will follow LEED Silver stati.dards establish.ed by the U.Si. Green
BUil lire g COLIJISC"ll with a f01CLIS Oil SLIstainability an-d environni.ental air
qUnlit y. R,es nse: See E'p,v,il"011111"I ell(:al I Fl C]"I
Sectioti VI A, oftile 1:1ew MC)tJ �itI-i tti.e Seliectti"i n-
16., Initial heating and girl-clonditioIlItIg design, Will Ultil,iZ�C electric air SOUrce
heat Nuiips or a cornbination, of'hig"l-i efficiency naftlral gays heat with air
SOUrcie 1.1ec-It PLIMPS for air condi"Itiotling, dep nding on. projected, ope rat ilIg
costs and engiticering rCqUirements. Consistent with Lexington
sustainability objectives, preference will be gliven to all electric air source
heat pumps to the extent, that is able to provide corn.fort and econo,i'lly.
Res":-)onse: See Luld Assess,11nen t a-s a o,v'e
. .........
dttaiche(.] to refil,
IT In4i.ally,tWO to fOUr electric vehicte chargh.i.g stafion.s,wfl.t be installed, with
capacity to add additional stalions. Owner will,take advan,tage of available
SL[staincabllity programs. R See Env iion�n'iental. a,nd hifi-astructi.it-e
Ise
Assessn'-ient a,s abmie (At,tach,.ed to 1"'etlhticr"
18. Short terini rentals, SUCh, as Airbi.i,b,", will be prohibited and enforced by the
Owner via lease restriction. Resl�')OI-ISLE..-1 -0 6 CI&CI irl NR.)tJ V1,11 Othei.
Con.i,r):tei-tts A.1
19. The Barn will not be used for real, estate sales or rental a,s a princi'pal use-, this
limitation. shall not Prohibit use of the Barn to provide leasing and nianagement
services for the Project. [Ze Li ') - - .S lI'r(-m,,ic[qd its MO IT Vilt, A.
20. Busi.ness or prof ssi,onal office tise will not exceed 251XO of the commercial space
2 L The Owner will, upon request, make a meefing roort-i in t1le Barn available for
Precinct, 8 COMMIII'lity meetings dUring non-bUs ire ess 11OUrs. C)wner is niieetti.till
I-L
IN d, J t i n e 1.9, �i t'i d, i 1.1 a st'L' �i f' [,i�i,s i s c]e s i re,d Iroii.i
Prechl'I'Ct �8,
Miscellaneous
A. B is i n g, E Iff e C L.
1. Thi.s MOU shall rL111, WIth the Property as,ati,ClICUMbrance and
I
shall. bind and inure to the berat c-fit of the Owner and its
Successors and assigns as owners ofthe Property for as long as
Use of the Property is SUbject to th SDUP. Th.e To wry and,the
Own.er agree that the Developer may transfer.
James Malloy
From: Sheila Page
Sent: Tuesday, August 6, 2019 12:59 PM
To: James Malloy
Subject: FW: transformer at 186 Bedford
Hi Jim a bit more information....
From: Doug Hartnett [maiIto:dhartnett@highpointeng.com]
Sent:Tuesday,August 6, 2019 12:27 PIVI
To: Sheila Page<spage@lexingtonma.gov>;Joe Ciampa <biggajc@aol.com>
Cc: ed <ed@edgrantlawoffice.com>
Subject: RE: transformer at 186 Bedford
Eversrouce makes the ultimate decision on the primary side which comes off the street. Owner/developer has some say
in discussion but remote transformer placement has cost implications. Eversrouce is responsible for installation of
primary from street to transformer and transformer itself. Install cost is rolled into the user rate and checked against
the estimated usage. If the payback is within a reasonable timeframe,there will be no backcharge to make up the
difference.
Owner is responsible for cost of secondary service runs from the transformer location to house electric panel. This is
expensive and if the transformer is remote from the electric room it can get costly very quickly. This is why we placed
the transformer where we did.
Ultimately Eversrouce will tell us where they will come off of for the service. We may find that coming off Reed Street is
not feasible as there is not enough power capacity to serve a mixed-use building like this from that street circuit. They
may want us to come off Bedford since that is a commercial corridor and could have more capacity.
The typical distances are 4' clear around a transformer and to a building for access. I believe there is a 5' min. clear from
door/window but I'd need to check.
Nailing down a transformer location at this point for zoning purposes is impractical and could put a financial burden on
the Project. It is all unknown. All we can say is the Applicant will do their best to work with Eversrouce to place the
transformer in a location that minimizes impact to abutting residential uses at a reasonable cost to the Project.
Douglas Hartnett., P.E.
President
o 781.770.0977
m 781.910.7738
e dhartnett @ h
............................................................................................ ... ....
w w..W w.hi hp inten .c m
Highpoint Engineering Inc.
Canton Corporate Place
45 Dan Road, Suite 140
Canton., MA 02021
Digital Confidentiality Statement
From:Sheila Page<.s.1p..g..g.!2 @....... ... ........
......... .................. ....
Sent:Tuesday,August 6, 2019 12:08 PM
To: Doug Hartnett<dhartn.et @ hjg] ..p �Om>
.. ........g.i..in.te.n.g,t Joe Ciampa <..b.igg.gj..�...............g.. J
......................................................................................... .... ........................................... ............... . ..............................
Cc: ed <.ed tlawoff ice.com>
.......................... ....... n............................................................................................................................................
Subject: RE: transformer at 186 Bedford
Thanks Doug. Eversource has the ultimate decision of location, right? It is based on cost? And the ease of
undergrounding from the riser pole? Are there any distances from residences requirements?
sheila
From: Doug Hartnett [..[D..g..il"to,.dhar"tn.e,.tt @ h..ig..h..1p........ ........g..i.nte.n.g...
........................................................................................................................... .... ............................................. ....
Sent:Tuesday,August 6,. 2019 12:00 PM
To: Sheila Page<.s.1p..g..g.g L@ orn>....... ... ........ g.2y>;Joe Ciampa <Jbig.g.gj.�....... .......g.. J
......... ............... ................ ..............................
Cc: ed <.ed @..L
......................... ......
Subject: RE: transformer at 186 Bedford
Sheila:
Eversource has not been coordinated yet as the building mechanical/electrical system has not been designed yet to
aII ow preparation of an electric load estimate. Eversource will not usually engage on service planning until an service
application and load estimate is submitted, which will allow them to appropriately size a transformer and coordinate
pI acement with the Engineer. It's too early since we're still in rezoning of the land to get them engaged, given
conceptuaI building plans and no design for MEP has started.
From there a service cost estimate is prepared by Eversrouce. If there is too much cost for Eversrouce to extend primary
power to the site to carry in the user rate,then they will try to claw some of their costs back via back charges. It's all
worked out once we get into definitive design.
One of the PB members was uncomfortable with the transformer location between barn and building. We will be
resubmitting a plan by Thursday that relocates this to between the Barn and Reed Street, and share this with Eversource
with service application.
Douglas Hartnett., P.E.
President
o 781.770.0977
m 781.910.7738
e dhartinet te t..L@ h�6 i n�-n�.c�om... .......1hJ
.......................................................................................... ....JIL
w ww.w...h..ig..b..p..g..i..inte.n.g...
.................................................................... ..... ............................................ ....
Highpoint Engineering Inc.
Canton Corporate Place
45 Dan Road, Suite 140
Canton, MA 02021
Digital Confidentiality Statement
From:Sheila Page<.s.1p..g..g.g C@
............... .. ........11..!�.2�J n..g. g2.y�>
Sent:Tuesday,August 6, 2019 10:28 AM
To: Doug Hartnett<dhartn.ett..L@ n @ !2.... ........hjg] ..p g.i..i te.n.g, Joe Ciampa <..b.igg.gj..�L g..
......................................................................................... .... ........................................... ............... ....�Q m..,>
Subject:transformer at 186 Bedford
Hi Doug and Joe.
I see that the transformer is now located between the barn and the building.
Has that location been approved by Eversource?
And if not how certain do you feel that that location will meet Eversource's Specifications?
And what are the specifications that determine the location?
Thank you!
Sheila
Sheila Page
Assistant Planning Director
Lexington Planning Department
Town Office Building
1625 Massachusetts Avenue
Lexington, MA 02420
Telephone (781)698-4563
I ....... ....... le �n t nm
............ .................................................................................
Please note—Effective 1/1/19, the Town Office Building will be open till 7 p.m. on Tuesdays and will close
at 1pm on Fridays. There will be no change of hours Mondays, Wednesdays and Thursdays (closing at
4:30 p.m.)
3