HomeMy WebLinkAbout2019-08-19 BOS Packet - Released SELECTMEN'S MEETING
Monday,August 19, 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. Application: One-Day Liquor License - Lexington Education Foundation Inaugural 7:05 p.m.
Golf Classic at Pine Meadows Golf Club, 255 Cedar Street
2. Review Updated Draft of Battle Green and Belfry Interpretative Rail Signs 7:15 p.m.
3. Conservation Land Acquisition:Kendall Road and Sherburne Road South 7:25 p.m.
4. Review and Approve Banner Policy 7:3 5 p.m.
5. Update on Sustainability Director and Integrated Building Policy 7:45 p.m.
6. Update on Select Board Legislation 7:50 p.m.
7. Up d ate from Special Permit Residential Development Zoning Bylaw Amendment 7:5 5 p.m.
Ad Hoc Committee
8. Call for 2019 Special Fall Town Meeting 8:00 p.m.
9. Set D ate s for Financial Policy Summits and Department Budget Presentations 8:0 5 p.m.
10. Application: Limousine License - MN Black Car LLC 8:10 p.m.
11. Appointment of 2019 - 2020 Election Officers 8:15 p.m.
12. Discuss Lexington Vacancy on Massport Community Advisory Committee 8:20 p.m.
13. Request to Amend One-Day Liquor License - Saint Nicholas Church 2019 Gyro 8:25 p.m.
F est Fundraiser
CONSENT AGENDA
1. Approve One-Day Liquor Licenses
2. Approve Use of Battle Green- LexFun! Halloween Parade
ADJOURN
1. Anticipated Adjournment 8:35 p.m.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,
S eptember 9, 2019 at 7:00 p.m. in the S electmen's Meeting Room, Town Office Building, 1625
Massachusetts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LeiTedia
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Application: One-Day Liquor License - Lexington Education Foundation Inaugural Golf
Classic at Pine Meadows Golf Club, 255 Cedar Street
PRESENTER: ITEM
NUMBER:
Patrice Cleaves, Lexington Education
Foundation Co-President I.1
SUMMARY.-
The Lexington Education Foundation (LEF) has requested a one-day liquor license to serve beer, wine, and
breakfast spirits for the purpose of their LEF Inaugural Golf Classic event to be held at Pine Meadows Golf
Club, 255 Cedar Street, on the Friday, September 27, 2019. The event will begin at 8:00 a.m. and conclude at
3:3 0 p.m. The beer, wine , and breakfast spirits will be served at the fo llo wing times:
• The breakfast spirits will be served from 8:00 a.m. to 8:45 a.m. during morning registration for the event.
The spirits will be accompanied by breakfast foods from Dunkin Donuts.
• The beer, wine, and breakfast spirits will be served again during a luncheon from 11:15 a.m. to 12:15
p.m.
• The beer and wine will be served for a third and final time from 2:45 p.m. to 3:3 0 p.m. during the closing
ceremony.
The p artic ip ants will be golfing *n between these times and the bar will be closed. The p artic ip ants will only be
allowed to consume the alcohol within the designated area in front of the Pine Meadows Clubhouse. Alcohol is
not to be permitted outside of the designated area, as it is not allowed on the golf course, inside the clubhouse,
or within the parking lot.
LEF is working with Melissa Battite, Director of Recreation & Community Programs, to hold this event at
Pine Meadows Golf Course.
SUGGESTED MOTION:
Move to approve a one-day liquor license for the Lexington Education Foundation to serve breakfast spirits from
8:00 a.m. to 8:45 a.m. and beer, wine, and breakfast spirits from 11:15 a.m. to 12:15 p.m., and beer and wine
from 2:45 p.m. to 3:30 p.m. for the purpose of their LEF Inaugural Golf Classic event to be held at P'me
Meadows Golf Club, 255 Cedar Street, on the Friday, September 27, 2019.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:05 p.m.
ATTACHMENTS:
Description Type
F) One Day LJ...........Ls.,�xin.gtlon.1.1lucation F'oundation. fluckup Material
F) .w�...,✓� ffit.,til(Amfinxiiing Detaills&Start'Firylie(.,-.11.ange Backup MIlateilal
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TOWN OF LEXINGTON
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APPLICATION FOR
ONE-DAY LIOUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-prT non-profit org'am" ions
that serve liquor and charge either a cover charge or for each dri
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING OR.CANIZATION, WW4%1 Ezftkrft1i fiwtkjn4�4
CONTACT NAME AND NUMBER, uaa�
. ADDRESS FOR MAILING, nLM& 59WAt ("W&TaaA,. r
EMAIL ADDRESS:
TITLETURPOSE OF EVENT: WAO/d6LOAu 4ot*eA_Aj!5%c
LO ATIoN AND ADDRESS:,
DATE OF FUNCTIOI
TIMES CIF FUNCTION:
TYPE OF LIQUOR TO BE SERVED:
DATE AND TIME WHEN LIQUOR DELIVERED: iwkoohd
DATE AND TIME WHEN LIQUOR REMOVED: 4
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AIDDITIONAL INFORMATION: &j
WPAXV 14 A"A Ufflaen/MWML ew Im PocelL e*WmiW fth 40
I maw,
AAhorized S-Ignature Federal Identification No. or
Social Security Number
lip 5 r..: l„a u
22
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2019
Lexington Education Foundation
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c/o Lance Conrad
f Gm r i I r f1 niE
176 Cedar o
Street
Lexington,MA 02421
July 17, 2019
Board of Selectpeople
Town Office Building,2nd Floor
1625 Massachusetts Avenue
Lexington,MA 02420
Dear Selectpeople,
I'm reaching out today with the attached application for a Cane-Day Liquor License in support of a new
Lexington Education Foundation(LEF) event,the Inaugural LEF Golf Classic,to be held at Pine
Meadows Golf Course on Cedar Street. The date for the event is Friday, September 27,2019. I ask that
you pass this along to the Board of Selectpeople for review on one of their upcoming meeting dockets.
We have been working in partnership with Melissa Battite,Director of Lexington Recreation&
Community Programs,as well as Bill Harrison from the New England Golf Co.,to design a fall friend-
raising and fundraising event for Lexington residents that will J ointly expose them to the wonderful work
of LEF and the outstanding,underappreciated municipal golf facility at Pine Meadows. We all agree that
this will be a win-win for LEF and the Town. We also expect this to become an annual fall event.
LEF would like to provide morning cocktails,as well as midday beer and wine,as optional libations for
those golfers wishing to partake. This event will be held on public property from 8 30am to 3:30pm. As
such, we submit the attached One-Day Liquor License application.
Please let me know if you have any questions about the application or event,as well as when this might
make it onto the Selectpeople's docket before September 27th. I believe there are five meetings between
now and then,but the sooner we can gain confirmation that this permit will be issued,the better for our
planning purposes.
As always, thanks for your assistance,
Ho 0
Lance Conrad-LEF VP for Resource Development
176 Cedar Street
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From: Stacey Prizio
To: "Lance Conrad"
Cc: Melissa Battite; Kim Katzenback; McCormick Kimberly; Patrice Cleaves
Subject: RE: Lexington Education Foundation Inaugural Golf Classic One-Day Liquor License
Date: Friday,July 26,2019 1:06:16 PM
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Good afternoon Lance,
Thank you for the information! It is certainly helpful in getting a sense of how this event will work. If I
need any more information from you in the meantime, I will be sure to reach out.
Have a great weekend!
Thank you,
Stacey
Stacey A. Prizio
Department Assistant
Board of Selectmen
Town of Lexington
1625 Massachusetts Avenue
Lexington, MA 02420
Main: 781-698-4580
From: Lance Conrad
Sent: Friday, July 26, 2019 10:33 AM
To: Stacey Prizio
Cc: Melissa Battite Kim Katzenback
McCormick Kimberly Patrice Cleaves
Subject: Re: Lexington Education Foundation Inaugural Golf Classic One-Day Liquor License
Dear Stacey,
Thank you for your email and work to move Lexington Education Foundation's One-Day
Liquor License application for September 27, 2019 onto the Selectpeople's August 19th
agenda. I have attached a site map for Pine Meadows Golf Club, indicating where alcohol will
be served and consumed. I have also included embedded responses to your queries below:
1. Can you please describe how the alcohol is being purchased at the event? (by ticket, by
wristband, per drink, etc.)
There will be a registration table (see site map) that allows participants to
register for the event, purchase raffle tickets, purchase drink tickets and/or
pick-up pre-purchased raffle and drink tickets for the event. Golf participants
will have the option to pre-purchase these tickets as part of the required online
registration and sales process.
2. Your application states that the times of the function are 8:30 a.m. to 3:30 p.m. and that
there will be beer, wine, and "breakfast spirits". Will the alcohol be available for the entire
length of the function?Will you stop serving the "breakfast spirits" at a certain time? Will
the alcohol only be served with food?
We would like our TIPS-certified bartender to serve "breakfast spirits" (Bloody
Mary's and Screwdrivers) from 8:00-8:45am during morning registration;
Dunkin' food and coffee will be served, as well. The TIPS-certified bartender
will require a valid ID and drink ticket before serving a drink to any participant.
The bar will then be shut-down during the morning round of golf from 8:45-
11:15am. The bar would then re-open from 11:15-12:15 during a provided
luncheon with beer, wine and "breakfast spirits" sales conducted by the TIPS-
certified server. Again, the bar will be shut-down during the afternoon round of
golf from 12:15-2:45pm. The bar would then re-open for a third and final time
from 2:45-3:30pm during our closing ceremony. Any remaining food from
lunch would be available to golfers during this time, as well. Please note that
with this schedule we'd like to begin morning service at 8:00am, not 8:30am as
stated in the application.
3. What will the "breakfast spirits" include?
"Breakfast spirits" will be Bloody Mary's and Screwdrivers, only.
4. Where will the alcohol be served and consumed?Will there be a designated area where
the drinks are permitted?
Alcohol will be served and consumed directly in front of the Pine Meadows
clubhouse. It will not be allowed on the course. It will not be allowed into the
parking lot at the end of the event when participants are departing. Please
see the site map for further details.
Please reach out with any further questions.
Kind regards,
Lance Conrad (176 Cedar Street)
Lance Conrad,Ed.D.
On Thu, Jul 25, 2019 at 4:11 PM Stacey Prizio wrote:
Good afternoon Mr. Conrad,
I wanted to confirm with you that your application for a one-day liquor license for the LEF
Inaugural Golf Classic was received at the Lexington Board of Selectmen's Office. I am
working on getting the necessary information to be able to put your application on a Board
of Selectmen's meeting agenda. We are aiming to put your request on the Monday, August
191 2019 meeting. With that said, I have a few questions in regards to the event:
1. Can you please describe how the alcohol is being purchased at the event? (by ticket, by
wristband, per drink, etc.)
2. Your application states that the times of the function are 8:30 a.m. to 3:30 p.m. and that
there will be beer, wine, and"breakfast spirits". Will the alcohol be available for the entire
length of the function? Will you stop serving the "breakfast spirits" at a certain time? Will
the alcohol only be served with food?
3. What will the "breakfast spirits" include?
4. Where will the alcohol be served and consumed? Will there be a designated area where
the drinks are permitted?
In the past, with events taking place outdoors where alcohol is being served, we have asked
applicants to provide a map showing the designated area where the alcohol will be served
(by a TIPS certified server) and consumed. In addition, we have asked applicants to provide
a brief list of procedures for the service of the alcohol for the event. It helps give the Board
of Selectmen a better understanding of the details and to ensure that the event runs
smoothly. I have attached an example of a map and procedures that we have received for an
outdoor event in the past.
In the meantime, I have added your event to our internal agenda tracking system for the
Monday, August 19th BOS meeting. Please provide the above details, map, and procedures
no later than Monday, August 12th
If you have any questions, I will be happy to help.
Have a great evening!
Thank you,
Stacey
Stacey A. Prizio
Department Assistant
Board of Selectmen
Town of Lexington
1625 Massachusetts Avenue
Lexington,MA 02420
Main: 781-698-4580
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review Updated Draft of Battle Green and Belfry Interpretative Rail Signs
PRESENTER: ITEM
NUMBER:
Dawn McKenna, Chair of the Tourism
Committee I.2
SUMMARY:
A revised draft of the Battle Green and Belfry Interpretive signs has been p rep ared by the consultant which
incorporated feedback provided from the Board of Selectmen, the stakeholder group and the Tourism
Committee in April upon review of the 1st draft.
The Board is being asked to review the revised draft and provide feedback for the development of the final
design. Once feedback from the Board of Selectmen, the stakeholder group and the Tourism Committee is
received on this draft, a final design will be created and presented for approval in September.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:15 p.m.
ATTACHMENTS:
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Lexington Battle Green Interpretive Rail Text
Draft 3
8 August 2019
Notes:
Rails will be placed on Green in order that serves the visitor experience best (and not
necessarily in the order presented here).
Final selection of images is still in progress. On going efforts will focus on acquiring images from
local sources (i.e. Lexington Historical Society, Economic Development, Cary Library, Town
Archives, etc.).
Rail 1: Revolutionary War Monument
Title
Consecrated Ground
Main Text
"The blood of these martyrs, in the cause of God and their country, was the cement of the union
of these States . . ."—Reverend Jonas Clarke
On the morning of April 19, 1775, eight Minute Men died, casualties of the First battle of the
American Revolution. In 1799, the Townof Lexington commemorated the Battle by
commissioning a monument here on the Green (then called "the Common"). In 1835, the Town
reburied seven of the eight men within the monument's iron fence, making the Green
consecrated ground. Please be respectful as you explore this public park.
Casualties: Robert Munroe, Jonas Parker, Samuel Hadley, Jonathan Harrington Jr., Isaac
Muzzy, Caleb Harrington, John Brown, Asahel Porter.
Captioned Images (25-word caption):
Doolittle image-TBD
The Battle of Lexington, April 19, 1775.
War Monument image-TBD
The words on the War Monument were spoken by Reverend Jonas Clarke, the town pastor and
an ardent revolutionary. His home, the Hancock-Clarke House, is open to visitors as a museum.
Image of Minute Man statue—TBD
The Lexington militia included brothers, fathers, sons, and uncles. Of the men who fought here
in 1775, one quarter were related to militia leader Captain John Parker the inspiration for the
Lexington Minuteman statue.
Rail 2: Battle of Lexington Green
Title
Birthplace of American Liberty
Main Text (max two paragraphs; total word count of 1009
You are standing where the American Revolution began. The Lexington Green was the site of a
skirmish between colonial and British forces on the morning of April 19, 1775. The battle only
lasted a few minutes.
From Lexington, the British troops headed to neighboring Concord. There, the colonists
prevailed, forcing the British troops to retreat. The twin battles of April 19, 1775 set in motion an
eight-year fight for American independence.
Main Image:
Custom illustration of Battle
Callouts/labels on Illustration of battle (order TBD once illustration is complete):
• William Diamond, drummer
• Captain John Parker, commander of the Lexington Militia
• Jonathan Harrington, who died at his own front door
• Major John Pitcairn, commander of the 300-member British advance guard
• British Vt" Fusiliers
• Old Belfry, containing the bell that summoned the Lexington Militia
• Caleb Harrington, another militia casualty
• British 43rd Light Infantry
• British 52nd Light Infantry
• British lieutenant William Sutherland
• Colonists in the line of march and retreating
Rail 3: Today's Green
Title
Explore the Green
Main Text (max two paragraphs; total word count of 75)
Welcome to the Lexington Battle Green.
By visiting this National Historic Landmark, you are following in the footsteps of revolutionaries.
For more information about Lexington and its historic sites and houses, stop by the Visitors
Center, located across the street.
Main Image:
Custom illustration of Green today
Lexington Battle Green Exhibits: Round 2 2
8 August 2019
Callouts on Green Map/Diagram:
1. Hancock-Clarke House Colonial leaders Samuel Adams and John Hancock spent the
night of April 18, 1775 at the home of Reverend Jonas Clarke. Paul Revere stopped here
on his famous ride.
2. Buckman Tavern The Lexington Militia spent a long night in this tavern waiting for the
British to arrive.
3. USS Lexington and War Memorials Several ships in the U.S. Navy have been named in
honor of Lexington.
4. Ye Olde Burying Ground Dating back to 1690, this graveyard is the final resting place
for one British soldier and several Militia who fought in the Battle of Lexington.
5. Minute Man Statue Unveiled in 1900, this work by Boston sculptor Henry H. Kitson
depicts Captain John Parker, leader of the Lexington militia.
6. Meeting House Marker The Meeting House that stood here in 1775 served as a church
and public gathering space. During the Revolution, the militia also stored gunpowder in
this all-purpose building.
7. Flagpole As ordered by Act of the U.S. Congress, the U.S. flag flies over the Battle Green
24 hours a day.
8. Parker Boulder This monument marks where the Militia lined up to face the British troops
on April 19, 1775.
9. Revolutionary War Monument Constructed in 1799, this is one of the nation's oldest war
memorials. Seven Minute Men are buried at its base.
10. Belfry Monument A bell rung on this site summoned the Lexington Militia to battle on
the night of April 18, 1775. Belfry replica is on a hill on its original site across the street.
Rail 4: Belfry
Title
Freedom Rings
Main Text (max two paragraphs; total word count of 75)
A bell similar to the one inside this structure summoned Lexington militia to battle on the
morning of April 19, 1775. At the time, the belfry was on the Green. This central location was
ideal for alerting town residents. This bell rang to announce the start of church, a death in the
community, and the approach of danger like the British soldiers on the march.
For more information about Lexington's revolutionary history, stop by the Visitors Center located
across from the Battle Green.
Main Image
Image with Belfry prominently shown on Green -TBD
Captioned Images (25-word caption):
Lexington Battle Green Exhibits: Round 2 3
8 August 2019
11 iia//oii /if , ��I r �fr✓if�il � J
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The belfry was first built atop this hill in 1762. In 1768 the Town moved it to the Green, and
subsequently returned it to its original location.
[placeholder illustration —final will be same as that produced for Battle Green Today rail.]
y
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This image shows the belfry before it was destroyed by a storm in 1909. The town built an exact
replica on its original site in 1910.
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8 tl`,,�. JI/1`✓�r1����l�P� /�fi��7 hV,�j� r�«ir�,,.lM 1J �
i.'6�,Ji,�, � u701U��".e",';. „�r ��i✓G!f�l�o^1i`�rl, Id,�r �m�rl �;rr�r,,�+w(u✓, rM d rN�!��'1GuttwV,S,I,ii
The ringing of the bell signals the start of the annual re-enactment of the Battle of Lexington.
Lexington Battle Green Exhibits: Round 2 4
8 August 2019
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Conservation Land Acquisition: Kendall Road and Sherburne Road South
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.3
SUMMARY.-
These two purchases were authorized and appropriated at the 2019 ATM with FY 2020 CPA funds. The
Conservation Commission executed the Record Vote at their meeting on August 5th. The recommended vote
will allow Town Counsel to continue to assist the Conservation Commission and any changes to the purchase
and sales agreement would then also be at the reas o nab le discretion of the Town Manager(for approval).
SUGGESTED MOTION:
Move that the Board vote to approve the purchase of property on Kendall Road as follows with respect to: (i)
that certain property located on Kendall Road, Lexington, Massachusetts, identified as Town of L exingto n
Assessor's Parcel ID 32-114, consisting of approximately 22,034 square feet(the "Kendall Property"); and (ii)
that certain property located on S herb urne Road, Lexington, Massachusetts, identified as Town of L exingto n
Assessor's Parcel ID 32-135, consisting of approximately 4.8 acres (the"Sherburne Property"):
(a) To approve that certain Purchase and Sale Agreement between Capaldi Limited Partnership, as seller, and the
Town Conservation Commission, as buyer, for the Kendall Property substantially the form presented to the Board
at its August 19, 2019 meeting, with final changes to be approved by the Town Manager in the Town Manager's
reasonable discretion in consultation with town counsel; and
(b) To approve that certain P urc has e and Sale Agreement between Colonial Development Corp, as seller, and
the Town Conservation Commission, as buyer, for the S herb urne Property substantially the form presented to
the Board at its August 19, 2019 meeting, with final changes to be approved by the Town Manager in the Town
Manager's reasonable discretion in consultation with town counsel.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:25 p.m.
ATTACHMENTS:
Description Type
F) BOS Vbte-to Approve K.en.dall S'h.erI)IIM.e�P&S BacIcup Material
F) K.".k.-In.dall P&S R..[...,f'ron.i.Seller I3,,,-u..,,kup Vlaterial
F) Sherl-)UfTie�P&S R][�...,firor.n Seller, 13ackup Material
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RECORD VOTE OF THE LEXINGTON BOARD OF SELECTMEN
August 19, 2019
At a duly called public meeting of the Lexington Board of Selectmen on August 19, 2019, the
Board voted as follows with respect to: (1) that certain property located on Kendall Road,
Lexington, Massachusetts, identified as Town of Lexington Assessor's Parcel ID 32-114,
consisting of approximately 22,034 square feet (the "Kendall Property"); and(11) that certain
property located on Sherburne Road, Lexington, Massachusetts, identified as Town of Lexington
Assessor's Parcel ID 32-135, consisting of approximately 4.8 acres (the "Sherburne Property"):
(a) To approve that certain Purchase and Sale Agreement between Capaldi Limited
Partnership, as seller, and the Town Conservation Commission, as buyer, for the Kendall
Property substantially the form presented to the Board at its August 19, 2019 meeting,
with final changes to be approved by the Town Manager in the Town Manager's
reasonable discretion in consultation with town counsel; and
(b) To approve that certain Purchase and Sale Agreement between Colonial
Development Corp, as seller, and the Town Conservation Commission, as buyer, for the
Sherburne Property substantially the form presented to the Board at its August 19, 2019
meeting, with final changes to be approved by the Town Manager in the Town Manager's
reasonable discretion in consultation with town counsel.
TOWN OF LEXINGTON
By its Board of Selectmen
Douglas M. Lucente, Chair
Jill I. Hai, Vice-Chair
Joseph N. Pato
Suzanne E. Barry
Mark D. Sandeen
{A0629895.1}
PURCHASE AND SALE AGREEMENT
As of this day of , 2019 ("Effective Date"), in consideration of the
agreements herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties to this Purchase and Sale Agreement
(this "Agreement") hereby agree as follows:
1. Parties and Mailing Addresses:
Capaldi Limited Partnership, a Massachusetts limited partnership with a mailing address
of 2 Arden Road, Watertown, Massachusetts (the "Seller"), agrees to sell, and
The Town of Lexington, acting by and through its Conservation Commission, having an
address of 1625 Massachusetts Avenue, Lexington, Massachusetts (the "Buyer"), agrees
to buy, upon the terms set forth herein, the following described premises (the "Property").
2. Description:
The land and improvements located on Kendall Road, Lexington, Massachusetts,
consisting of approximately 22,034 square feet, more or less (0.51 acres), identified as
Town of Lexington Assessor's Parcel ID 32-114, and further identified in that certain
Deed dated October 28, 2010 and fled with the Middlesex County District of the Land
Court as Document No. 1548540 and noted on Certificate of Title No. 247611,
Registration Book 1392, Page 42 (a copy of which is attached hereto as Exhibit A and
incorporated herein by reference).
3. Title Deed:
The Property is to be conveyed by a good and sufficient quitclaim deed running to Buyer,
and said deed shall convey good and clear record and marketable title thereto, free from
encumbrances, except:
(a) Such taxes for the then current year as are not due and payable on the date
of the delivery of such deed;
(b) Provisions of existing building and zoning laws;
(c) Any liens for municipal betterments assessed after the date of this
Agreement; and
(d) Easements, restrictions and reservations of record, so long as they do not
interfere with Buyer's anticipated or proposed use of the Property for
municipal purposes.
{A0628483.4}
4. Purchase Price:
The agreed purchase price for the Property is Fifty Thousand Dollars ($50,000.00) (the
"Purchase Price"), of which
$ L250.00 has been paid as a deposit this day,to be held pursuant to the
Escrow Agreement executed by Buyer and Seller on the date
hereof and attached hereto as Exhibit B (the "Deposit"); and
$ 48,750.00 is to be paid at the time of delivery, acceptance and recording
of the deed by certified, cashier's, treasurer's or bank
check(s) or wire.
$ 509000.00 TOTAL
5. Time for Performance; Delivery of Deed:
Such deed is to be delivered on a mutually acceptable date that is at least fifty(50) days
(or fewer, if and to the extent reasonably practicable), but no more than sixty (60) days,
immediately after the Effective Date (the "Closing Date") at the office of the Lexington
Town Manager at 1625 Massachusetts Avenue, Lexington, Massachusetts 02420. It is
agreed that time is of the essence of this Agreement.
6. Possession and Condition of Property
:
Full possession of the Property free of all tenants and occupants, is to be delivered at the
time of the delivery of the deed, the Property to be then in compliance with provisions of
any instrument referred to in Paragraph 3 hereof and in the same condition that is in as of
the date of this Agreement, reasonable wear and tear excepted.
7. Extension to Perfect Title or Make Property Conform:
If at the time for performance of this Agreement Seller shall be unable to give title or to
make conveyance, or to deliver possession of the Property, all as herein stipulated, or if at
the time of the delivery of the deed the Property does not conform with the provisions
hereof, as the case may be, (a) Seller shall give written notice thereof to Buyer prior to
the Closing Date, (b) Seller shall use diligent, good faith efforts to remove any defects in
title or to deliver possession as provided herein or to make the Property conform to the
provisions hereof, and(c) upon the delivery of the notice mentioned above, the Closing
Date shall be extended for a period of up to thirty(30) days,provided, however, that such
extension period shall be for as short a period as is required by Seller to effect such
necessary cure to the title or condition of the Property. Seller's diligent good faith efforts
hereunder shall not require Seller to expend more than $1,000.00, inclusive of attorney's
{A0628483.4} 2
fees but exclusive of sums paid to discharge mortgages and monetary liens of which
Seller had actual knowledge, and/or municipal charges.
8. Failure to Perfect Title or Make The Property Conform:
If at the expiration of the extended time provided in Paragraph 7, above, despite Seller's
diligent and good faith efforts, Seller shall have failed so to remove any defects in title,
deliver possession, or make the Property conform, as the case may be, all as herein
agreed, then any payments made under this Agreement shall be forthwith refunded and
all other obligations of the parties hereto shall cease and this Agreement shall be void
without recourse to the parties hereto.
9. Buyer's Election to Accept Title:
Buyer shall have the election, at either the original Closing Date or any extended Closing
Date, to accept such title as Seller can deliver to the Property in its then condition and to
pay therefor the Purchase Price without deduction, in which case the Seller shall convey
such title to Buyer.
10. Acceptance of Deed:
The acceptance and recording of a deed by the Buyer shall be deemed to be the full
performance and discharge of every agreement and obligation herein contained or
expressed, except such as are, by the terms hereof, to be performed after the delivery of
said deed.
11. Use of Purchase Money to Clear Title:
To enable Seller to make conveyance as herein provided, Seller may, at the time of
delivery of the deed, use the purchase money or any portion thereof to clear the title of
any or all encumbrances or interests, provided that all instruments so procured are
recorded simultaneously with the delivery of said deed or, with respect to institutional
mortgages only, as soon as possible thereafter in accordance with applicable laws and
conveyancing practices.
12. Buyer's Default; Damages:
If the Buyer shall fail to fulfill Buyer's agreements herein, and Seller shall have fulfilled
all of Seller's agreements herein, the Deposit shall be retained by Seller as liquidated
damages and this shall be Seller's sole and exclusive remedy at both law and in equity for
any default by Buyer. Buyer agrees the Deposit a reasonable forecast of Seller's losses
due to any number of presently undeterminable factors including delays or inability to
resell the Property and does not under any circumstances constitute a penalty.
{A0628483.4} 3
13. Buyer Termination:
In the event of any termination of this Agreement because of any default by Seller, then
the Deposit made under this Agreement shall be forthwith refunded in accordance with
the Escrow Agreement and Buyer shall be entitled to pursue all remedies available to it in
law and in equity, including without limitation specific performance.
Notwithstanding anything in this Agreement to the contrary, this Agreement is made
expressly contingent on the closing of the purchase and sale of the land and
improvements located on Sherburne Road, Lexington, Massachusetts, consisting of
approximately 4.8 acres, identified as Town of Lexington Assessor's
Parcel ID 32-135, as further described in that certain Purchase and Sale Agreement of
even date herewith by and between Seller as seller and Buyer and buyer (the "Sherburne
Closing). In the event that the Sherburne Closing does not occur as further described in
said agreement, then the Deposit made under this Agreement shall be forthwith refunded
in accordance with the Escrow Agreement and this Agreement shall be null and void
without recourse to either of the parties hereto.
14. Due Diligence Period:
Buyer shall have a due diligence period commencing on the Effective Date and expiring
on the date that is forty-five (45) days immediately after the Effective Date (the "Due
Diligence Period") during which Buyer, subject to the fifth paragraph of this section, shall
have full opportunity to inspect, take measurements, conduct surveys, perform tests, show
the Property to contractors, architects, surveyors, engineers and insurers, and make legal,
engineering and other reviews or investigations of the Property, including, without
limitation, title analysis, environmental site assessments, soil and groundwater tests, well
drilling,percolation tests,property surveys, and evaluations of utilities. Said right of access
shall be exercised only at reasonable times, in a reasonable manner, and after reasonable
notice thereof to the Seller. In consideration of the grant of access, the Buyer agrees to
indemnify,defend and hold the Seller harmless from any and all costs (including attorney's
fees incurred), damages, losses and claims for injury to persons, or damage or repair to the
Property resulting from the presence of the Buyer, Buyer's agents or invitees while being
on the Property. This indemnity shall survive the delivery and recording of the deed
hereunder or termination of this Agreement.
Prior to expiration of the Due Diligence Period (the "Title Review Period"), Buyer shall
deliver written notice (the "Title Objection Notice") to Seller specifying in reasonable
detail any objections that Buyer may have to any title matters relating to the Property and
including with such notice copies of any documents containing matters objected to in such
notice. Promptly after the receipt of the Title Objection Notice, Seller shall use diligent,
good faith efforts, as defined in Paragraph 7 hereof, to remedy any objections raised by
Buyer to comply with Section 3 and 15 of this Agreement prior to the expiration of thirty
(30) days from Seller's receipt of the Title Objection Notice (the "Title Cure Period.) If
the Closing Date is scheduled to occur prior to the end to the Title Cure Period, then, upon
f A0628483.4} 4
written notice from Seller to Buyer,the Closing Date shall be extended until a date not later
the end of the Title Cure Period. In the event that, despite Seller's diligent and good faith
efforts, Seller cannot remedy all such objections as provided above prior to the end of the
Title Cure Period, Seller's right to extend the closing as set forth in Paragraph 7 hereof
shall automatically be waived for the matters identified in the Title Objection Notice and
Buyer shall have the rights set forth in Paragraphs 8 and 9 hereof.
Buyer shall have the right to provide a supplementary Title Objection Notice at any time
up to the Closing Date respecting only those defects in title to the Property arising after the
earlier date of Buyer's title report or survey or the expiration of the Title Review Period.
Seller shall cooperate with Buyer to give Buyer reasonable access to the Property during
the Due Diligence Period. If any consent or approval with respect to any activities by
Buyer is required of Seller by law, at Buyer's discretion and expense, Seller shall use
reasonable good faith efforts to obtain all consents and approvals needed for Buyer to
perform environmental monitoring, sampling and physical testing, subject to the fifth
paragraph of this section.
Prior to engaging in any test or investigation that could damage any portion of the
Property, or prior to any sampling or testing of environmental media at the Property, Buyer
shall give Seller three (3) business days' notice and a description of the testing, sampling,
or investigation proposed for Seller's review and approval. If Seller disapproves such
testing, Buyer's sole remedy shall be to terminate this Agreement, in which event the
deposit shall be returned to Buyer and neither party shall have any further obligations
hereunder. If Seller approves such testing or investigation, then Seller shall have the
opportunity to have a representative or employee of Seller present during such activity
and Buyer shall be subject to the indemnity obligations set forth in the first paragraph of
this section. Prior to any contractors entering the Premises, Buyer shall provide a
certificate of insurance evidencing commercial general liability insurance and workman's
compensation insurance held by any contractors performing these tests or investigations
which shall be reasonably satisfactory to Seller. Buyer shall repair, at its sole cost and
expense, any damage to the Property caused by such tests or investigations.
If Buyer is not satisfied in its sole judgment with any of the information obtained by
Buyer while conducting the due diligence identified above (other than title objection
issues that are controlled by the second and third paragraphs of this section as well as
other relevant paragraphs of this Agreement), then Buyer shall have the right to terminate
this Agreement by written notice to Seller at any time or prior to 5:00 p.m. on the last day
of the Due Diligence Period.
15. Title:
It is understood and agreed by the parties that the Property shall not be in conformity with
the title provisions of this Agreement unless:
(a) All buildings, structures and improvements, including but not limited to,
any driveways, garages and fences, and all means of access to the Property,
f A0628483.4} 5
are located completely within the boundary lines of the Property and shall
not encroach upon or under the property of any other person or entity;
(b) No building, structure or improvement of any kind belonging to any other
person or entity encroaches upon or under the Property; and
(c) Title to the Property shall be at the time of closing insurable at normal title
insurance premium rates for the benefit of the Buyer at the Buyer's expense,
by a nationally-recognized title insurance company,upon delivery from the
Seller to the Buyer of the deed contemplated by this Agreement and upon
recordation of such deed, by an owner's title insurance policy (on the
current ALTA form) insuring fee title in the Buyer free from all exceptions
other than those exceptions set forth in Paragraph 3.
16. Access:
In addition to Buyer's rights set forth in Paragraph 14, Buyer and its agents shall have the
right of access to the Property prior to the Closing Date for the purpose of inspecting the
condition of the Property. Said right of access shall be exercised only at reasonable times,
in a reasonable manner, and after reasonable notice thereof to the Seller. In consideration
of the grant of access, the Buyer agrees to indemnify, defend and hold the Seller harmless
from any and all costs (including attorney's fees incurred), damages, losses and claims for
injury to persons, or damage or repair to the Property resulting from the presence of the
Buyer, Buyer's agents or invitees while being on the Property. This indemnity shall
survive the delivery and recording of the deed hereunder or termination of this Agreement.
17. Notices:
All notices required or permitted to be given hereunder shall be in writing and delivered
by hand or sent by Federal Express or other recognized overnight delivery service or by
facsimile or email (with proof of transmission):
in case of notice to SELLER, to: David M. Lipshutz, Esquire
Seegel Lipshutz & Lo, LLP
Wellesley Office Park
80 William Street, Suite 200
Wellesley, MA 02481
Tel: (781) 431-7700
{A0628483.4} 6
Fax: (781) 431-7701
Email: dlipshutzgsll-law.com
with copies to: Curtis Whitney
J.M. Whitney& Co., Inc.
P.O. Box 100
Watertown, MA. 02471
617-924-7500
617-899-9488 CEll.#
Curtis gJMWhitney.com
in case of notice to BUYER, to: Town of Lexington
1625 Massachusetts Avenue
Lexington, Massachusetts 02420
Attn: Conservation Director
Email: kmullins klexin e tonma.gov
with copies to: Jillian B. Bargar, Esquire
Anderson &Kreiger LLP
50 Milk Street, 2 Vt Floor
Boston, MA 02109
Tel: (617) 621.6551
Fax: (617) 621.6651
Email: jbargar(&.andersonkreiger.com
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal
Express or other recognized overnight delivery service, on the next business day after
deposit with said delivery service, or if by facsimile (with proof of transmission), on the
same business day.
18. REBA Standards:
Any matter or practice arising under or relating to this Agreement that is the subject of a
title or practice standard of the Massachusetts Real Estate Bar Association shall be
governed by such standard to the extent applicable, unless specifically provided
otherwise in this Agreement.
19. Seller's Delivery of Closing Documents:
The Seller shall cooperate with the Buyer by executing, acknowledging, swearing to the
truth of the contents and delivering such instruments as may reasonably and customarily
be required by the Buyer's title insurance company and/or the Buyer's attorney in
conjunction with the closing.
20. Extensions:
{A0628483.4} 7
By executing this Agreement, Buyer and Seller hereby grant to their respective attorneys
the actual authority to bind them by facsimile or email for the limited purpose of allowing
them to grant extensions hereunder, and Buyer and Seller shall be able to rely upon the
signatures of said attorneys as binding unless they have actual knowledge that either
party has disclaimed the authority granted herein to bind them.
21. Suits or Judgments:
The Seller represents and warrants to the best of Seller's knowledge to the Buyer that the
Seller has no notice or knowledge of any suits or judgments in relation to the Property.
The provisions of this Paragraph 21 shall survive the delivery of the deed for the Property
or the early termination hereof.
22. Underground Fuel Storage Tanks:
Seller warrants and represents that, to the best of Seller's knowledge and belief, without
conducting any independent investigation or inquiry of any kind or nature (and no
constructive or imputed knowledge shall be attributed to Seller), (1) there are no
underground fuel storage tanks or hazardous substances in, on, or under the Property, (11)
Seller has not received any written notice from any governmental authority claiming any
violation of any federal, state or local statue, ordinance, regulation, administrative order
or court order or decree pertaining to any hazardous substance in, on, under or over the
Property or demanding clean-up or any other remedial action, (111) Seller has not
generated, treated, stored, released, discarded or disposed of hazardous substances on the
Property during its period of ownership, and (iv) the Property is in compliance with all
environmental laws. The provisions of this Paragraph 22 shall survive delivery of the
deed.
23. Broker:
A Broker's fee for professional services (per separate agreement between Broker and
Seller) is due from the Seller to J.M. Whitney& Co., Inc., the Broker herein, but only if
as and when the Deed is delivered to Buyer and the full purchase price to Seller and not
otherwise.
Seller and Buyer each warrant and represent to the other that neither has dealt with any
real estate broker, salesperson, finder, or other person entitled to a commission or fee in
connection with the negotiation or execution of this Agreement or the consummation of
the transaction contemplated hereby, other than J.M. Whitney& Co., Inc. This
Paragraph 23 shall survive delivery of the deed for the Property or the early termination
hereof.
24. Disclosure of Beneficial Interest Form:
Prior to the execution of this Agreement, the Seller shall complete the disclosure of
beneficial interest form that is attached hereto as Exhibit C as required under M.G.L. c.
{A0628483.4} 8
7C, sec. 38, and Buyer shall file the same with the Division of Capital Asset Management
of Massachusetts.
25. Municipal Purposes:
Buyer is acquiring the Property for municipal purposes, which may include open space,
conservation and passive outdoor recreation. Buyer may elect to acquire the Property
through one or more deeds for portions of the Property running to one or more municipal
entities, boards or commissions, upon notification to Seller at least three (3) days before
the deed or deeds are to be delivered as herein provided.
26. Municipal Approvals and Processes:
Notwithstanding anything set forth herein to the contrary, the Buyer's obligations
hereunder are expressly subject to all municipal approvals that are required for the
Buyer's purchase of the Property, including without limitation Town Meeting approval,
and completion of the notification process set forth in M.G.L. c. 30B sec. 16(e)(2) to the
Town's satisfaction. In the event that the Buyer does not receive any one or more of the
aforesaid municipal approvals (if required) prior to the expiration of the Due Diligence
Period then Buyer may elect to terminate this Agreement by notice to Seller and this
Agreement shall become null and void without recourse to the parties hereto.
27. Bargain Sale:
Seller has expressed to Buyer that Seller believes that the Purchase Price for the Property
is below fair market value. Seller intends that the difference between the Purchase Price
and fair market value shall be a charitable contribution to Buyer. However, Buyer makes
no representation as to the tax consequences of the transaction contemplated by this
Agreement, and Seller shall obtain independent tax counsel and be solely responsible for
compliance with the gift value substantiation requirements of the Internal Revenue Code.
28. Assignment:
Seller shall not be entitled to assign any of the rights hereunder,except to entities controlled
by the Seller, and the Buyer shall be entitled to terminate this Agreement by written notice
to the Seller in the event of a breach of this Paragraph 28.
29. Liability of Trustee, Shareholder, Beneficiary, etc.:
If Seller or Buyer is executing this Agreement in a representative or fiduciary capacity,
only the principal or the estate represented shall be bound; neither the Seller nor Buyer so
executing,nor any shareholder or beneficiary of any trust, shall be personally liable for any
obligation, express or implied, hereunder.
30. Construction of Agreement:
.v
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the
{A0628483.4} 9
parties, is binding upon and enures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors and assigns, and may be cancelled,
modified or amended only by a written instrument executed by both the Seller and Buyer.
The captions and marginal notes are used only as a matter of convenience and are not to be
considered a part of this Agreement or to be used in determining the intent of the parties to
it.
31. Severability:
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full
force and effect, and in the place of such invalid or unenforceable provision there shall be
substituted a like, but valid and enforceable provision, which comports to the findings of
the aforesaid court and most nearly accomplishes the original intention of the parties.
32. Signatures:
Each party to this Agreement agrees that delivery of an executed signature page of this
Agreement to the other party (or its attorney) by facsimile or other electronic
transmission shall be binding on each of the parties as if the original of such facsimile or
other electronic transmission had been delivered to the other party.
33. "As Is" Sale.
Except as expressly set forth in this Agreement, it is understood and agreed that Seller is
not making and has not at any time made any warranties or representations of any kind or
character, express or implied, with respect to the Property, including, but not limited to,
any warranties or representations as to habitability, merchantability or fitness for a
particular purpose.
Buyer acknowledges and agrees that upon closing Seller shall sell and convey to Buyer
and Buyer shall accept the Property "as is, where is, with all faults" except to the extent
expressly provided otherwise in this Agreement. Buyer has not relied and will not rely on,
and Seller is not liable for or bound by, any express or implied warranties, guaranties,
statements, representations, or information pertaining to the Property or relating thereto
(including specifically, without limitation, any prospectus distributed with respect to the
Property) made or furnished by Seller, the managers of the Property, or any real estate
broker or agent representing or purporting to represent Seller,to whomever made or given,
directly or indirectly, orally or in writing, unless specifically set forth in this Agreement.
Buyer also acknowledges that the purchase price reflects and takes into account that the
Property is being sold"as-is."
Buyer represents to Seller that Buyer has conducted, or will conduct prior to the Closing
Date, such investigations of the Property, including, but not limited to, the physical and
environmental conditions thereof, as Buyer deems necessary or desirable to satisfy itself
as to the condition of the Property and the existence or nonexistence or curative action to
be taken with respect to any hazardous or toxic substances on or discharged from the
f A0628483.4} 10
Property, and will rely solely upon same and not upon any information provided by or on
behalf of Seller or its agents or employees with respect thereto, other than such
representations, warranties, and covenants of Seller as are expressly set forth in this
Agreement. Upon closing, Buyer shall assume the risk that adverse matters, including, but
not limited to, construction defects and adverse physical and environmental conditions,
may not have been revealed by Buyer's investigations, and Buyer, upon closing, shall be
deemed to have waived, relinquished and released Seller (and Seller's officers, directors,
shareholders, employees and agents) from and against any and all claims, demands, causes
of action(including causes of action in tort), losses,damages,liabilities,costs and expenses
(including reasonable attorneys' fees) of any and every kind or character, known or
unknown, which Buyer might have asserted or alleged against Seller(and Seller's officers,
directors, shareholders, employees and agents) at any time by reason of or arising out of
any latent or patent construction defects or physical conditions,violations of any applicable
laws and any and all other acts, omissions, events, circumstances or matters regarding the
Property.
The provisions of this paragraph shall survive closing or any termination of this
Agreement.
34. Adjustments.
Taxes, for the then current fiscal year shall be apportioned and adjusted, as of the date of
the delivery of the deed, and the net amount thereof shall be added to or deducted from, as
the case may be, the purchase price payable by the Buyer at the time of delivery of the
deed.
35. Time of the Essence.
Time is of the essence of this Agreement.
[Signature Pages Follow]
f A0628483.4} 11
EXECUTED under deal as of the date first written above.
SELLER
CAPALDI LIMITED PARTNERSHIP, a
Massachusetts limited partnership
By:
Name:
Title:
BUYER
TOWN OF LEXINGTON
By and through its Conservation Commission
By:
Name:
Title:
{A0628483.4} 12
EXHIBIT A
DEED
f A0628483.4} A-1
EXHIBIT B
ESCROW AGREEMENT
WHEREAS, the Town of Lexington, by and through its Conservation Commission, a
municipal corporation with an address of 1625 Massachusetts Avenue, Lexington, Massachusetts
(the "Buyer"), and Colonial Development Corp., a Massachusetts corporation with a mailing
address of 204 Dexter Avenue, Watertown, Massachusetts (the "Seller"), entered into a Purchase
and Sale Agreement dated , 2019 (the "Agreement") for the sale of a parcel of land
identified as Lexington Assessor's Parcel ID 32-135 (the "Property");
WHEREAS, the parties have agreed to place the deposit of One Thousand Two
Hundred Fifty Dollars ($1,250.00)paid by the Buyer in conjunction with the execution of the
Agreement (the "Escrow Sum") in escrow as set forth in Section 4 of the Agreement;
WHEREAS, the parties have agreed to deposit the Escrow Sum with the law firm of
Seegel Lipshutz & Lo, LLP (the "Escrow Agent");
NOW THEREFORE, the parties hereto hereby agree as follows:
1) Buyer, Seller and the Escrow Agent agree to comply with Section 4 as well as the other terms
of the Agreement expressly related to the Deposit for the purposes hereof. The retention and
release of the Escrow Sum hereunder shall be governed by the provisions set forth in the
section referenced above.
2) The Escrow Sum shall be retained by the Escrow Agent in a non-interest bearing escrow
account, and it shall be held under the terms set forth below:
a) In the event of a dispute relating to the Escrow Sum, the Escrow Agent shall have the
right to retain all or any portion of the Escrow Sum pending the receipt of written
instructions agreed to and signed by Seller and Buyer or receipt of a court order directing
the distribution of the Escrow Sum after all appeals therefrom have been taken or appeals
periods relating thereto have expired. In the alternative, the Escrow Agent may resign at
any time by transferring the Escrow Sum to a successor escrow agent reasonably
acceptable to Seller and Buyer, which successor agrees in writing to act as escrow agent.
b) Buyer and Seller jointly and severally agree to indemnify and hold the Escrow Agent
harmless for any and all costs and expenses, including reasonable attorney's fees,
incurred in connection with any dispute concerning the Escrow Sum.
c) The duties and responsibilities of the Escrow Agent shall be limited to those expressly set
forth herein and in the Agreement, and the Escrow Agent shall not be subject to, nor
obligated to recognize, any other agreement between, or direction or instructions of, any
or all of the parties hereto.
d) The Escrow Agent, in its sole discretion, may institute legal proceedings of any kind,
including, but not limited to, a legal proceeding in any court of competent jurisdiction, to
determine the obligations of the parties hereunder and to deposit the Escrow Sum in such
{A0628483.4} A-2
court; and upon such deposit and institution of legal proceedings, the duties of the
Escrow Agent shall be fully terminated and the Escrow Agent shall be fully discharged
from all such duties. The Escrow Agent shall not be required to institute or defend any
administrative, arbitral,judicial or other action or legal process involving any matter
referred to herein which in any manner affects it or its duties or liabilities hereunder
unless and until it has received full indemnity as it shall in its sole discretion require
against any and all claims, liabilities,judgments, attorneys' fees and other costs and
expenses of any and every kind in relation thereto.
e) In taking any action hereunder, the Escrow Agent shall be protected and may rely upon
any notice, paper or document or signature believed by it to be genuine or upon any
evidence deemed by it to be sufficient. In no event shall the Escrow Agent be liable for
any act performed or omitted to be performed by it hereunder in the absence of gross
negligence or willful misconduct, and in no event shall it be liable or responsible for any
failure of any banking institution in which the Escrow Sum is deposited to pay such
Escrow Sum at the Escrow Agent's direction.
f) The Escrow Agent shall not be under a duty to give the property held hereunder a greater
degree of care than the Escrow Agent gives its own similar property. The tax
identification numbers of the parties hereto shall be furnished to the Escrow Agent on
request.
g) The rights and immunities of the Escrow Agent hereunder shall apply equally to its
partners, of counsel, associates, employees, affiliates and agents.
h) Seller and Buyer agree that Seegel Lipshutz & Lo, LLP's status as Escrow Agent shall
not affect its ability to act as the Seller's counsel in the event a dispute arises regarding
the Escrow Sum, or any other dispute under this Escrow Agreement or with respect to the
sale of the Property, and Seller and Buyer hereby waive any current or future conflict of
interest which may result from the same.
i) This Agreement sets forth exclusively the duties of Escrow Agent with respect to any and
all matters pertinent hereto and no implied duties or obligations shall be read into this
Escrow Agreement against Escrow Agent.
3) This Escrow Agreement may be executed and delivered in any number of counterparts, each
of which so executed and delivered shall be deemed to be an original and all of which shall
constitute one and the same Escrow Agreement.
[Signatures on following page]
{A0628483.4} A-3
This document is executed under seal as of this day of , 2019.
SELLER
COLONIAL DEVELOPMENT CORP., a
Massachusetts corporation
By:
Name:
Title:
BUYER
TOWN OF LEXINGTON
By and through its Conservation Commission
By:
Name:
Title:
ESCROW AGENT
SEEGEL LIPSHUTZ & LO, LLP
By:
{A0628483.4} A-4
EXHIBIT C
DISCLOSURE OF BENEFICIAL INTERESTS IN REAL PROPERTY TRANSACTION
(M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
The undersigned party to a real property transaction with a public agency hereby discloses and certifies,under
pains and penalties of perjury, the following information as required by law:
(1) REAL PROPERTY: Lexington Assessor's Parcel ID 32-114
(2) TYPE OF TRANSACTION,AGREEMENT OR DOCUMENT: Sale
(3) PUBLIC AGENCY PARTICIPATING IN TRANSACTION: Town of Lexington, as buyer
(4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY(IF NOT AN INDIVIDUAL:
Capaldi Limited Partnership, a Massachusetts limited partnership
(5) ROLE OF DISCLOSING PARTY(Check appropriate role):
Lessor/Landlord Lessee/Tenant
_X_Seller/Grantor Buyer/Grantee
Other(Please describe):
(6) The names and addresses of all persons and individuals who have or will have a direct or indirect
beneficial interest in the real property excluding only 1) a stockholder of a corporation,the stock of which is
listed for sale to the general public with the securities and exchange commission, if such stockholder holds
less than ten percent of the outstanding stock entitled to vote at the annual meeting of such corporation, or 2)
an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions
specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows(attach additional pages if necessary):
NAME RESIDENCE
(7) None of the above-named persons is an employee of the Division of Capital Asset Management and
Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed
below(insert"none"if none):
(8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has
read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General
Laws of Massachusetts:
;n0628483.4} B-1
No agreement to rent or to sell real property to or to rent or purchase real property from a public
agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made
to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has
been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly
authorized officer thereof giving the true names and addresses of all persons who have or will have a
direct or indirect beneficial interest in said property with the commissioner of capital asset
management and maintenance. The provisions of this section shall not apply to any stockholder of a
corporation the stock of which is listedfor sale to the general public with the securities and exchange
commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote
at the annual meeting of such corporation. In the case of an agreement to rent property from a public
agency where the lessee's interest is held by the organization of unit owners of a leasehold
condominium created under chapter one hundred and eighty-three A, and time-shares are created in
the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this
section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires
the time-share on or after a bona fide arms length transfer of such time-share made after the rental
agreement with the public agency is executed and(ii) who holds less than three percent of the votes
entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement
shall also be made in writing, under penalty ofperjury, during the term of a rental agreement in case
of any change of interest in such property, as provided for above, within thirty days of such change.
Any official elected to public office in the commonwealth, or any employee of the division of capital
asset management and maintenance disclosing beneficial interest in real property pursuant to this
section, shall identify his position as part of the disclosure statement. The commissioner shall notify
the state ethics commission of such naives, and shall make copies of any and all disclosure statements
received available to the state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received available for public
inspection during regular business hours.
(9) This Disclosure Statement is hereby signed under penalties of perjury.
Print Name of Disclosing Party:
(From Section 4,above)
Authorized Signature of Disclosing Party:
Print Name and Title of Authorized Signer:
Date:
;n0628483.4} B-2
PURCHASE AND SALE AGREEMENT
As of this day of , 2019 ("Effective Date"), in consideration of the
agreements herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties to this Purchase and Sale Agreement
(this "Agreement") hereby agree as follows:
1. Parties and Mailing Addresses:
Colonial Development Corp., a Massachusetts corporation with a mailing address of
2 Arden Road, Watertown, Massachusetts (the "Seller"), agrees to sell, and
The Town of Lexington, acting by and through its Conservation Commission, having an
address of 1625 Massachusetts Avenue, Lexington, Massachusetts (the "Buyer"), agrees
to buy, upon the terms set forth herein, the following described premises (the "Property").
2. Description:
The land and improvements located on Sherburne Road, Lexington, Massachusetts,
consisting of approximately 4.8 acres, identified as Town of Lexington Assessor's
Parcel ID 32-13 5, and further identified in that certain Deed and filed with the Middlesex
South District Registry of Deeds Land Court Records with Certificate of Title No. 94262.
3. Title Deed:
The Property is to be conveyed by a good and sufficient quitclaim deed running to Buyer,
and said deed shall convey good and clear record and marketable title thereto, free from
encumbrances, except:
(a) Such taxes for the then current year as are not due and payable on the date
of the delivery of such deed;
(b) Provisions of existing building and zoning laws;
(c) Any liens for municipal betterments assessed after the date of this
Agreement; and
(d) Easements, restrictions and reservations of record, so long as they do not
interfere with Buyer's anticipated or proposed use of the Property for
municipal purposes.
{A0628484.4}
4. Purchase Price:
The agreed purchase price for the Property is One Hundred Seventy- Five Thousand
Dollars ($175,000.00) (the "Purchase Price"), of which
$ 8,750.00 has been paid as a deposit this day,to be held pursuant to the
Escrow Agreement executed by Buyer and Seller on the date
hereof and attached hereto as Exhibit A(the "Deposit"); and
$ 166,250.00 is to be paid at the time of delivery, acceptance and recording
of the deed by certified, cashier's, treasurer's or bank
check(s) or wire.
$ 1759000.00 TOTAL
5. Time for Performance; Delivery of Deed:
Such deed is to be delivered on a mutually acceptable date that is at least fifty(50) days
(or fewer, if and to the extent reasonably practicable), but no more than sixty (60) days,
immediately after the Effective Date (the "Closing Date"), at the office of the Lexington
Town Manager at 1625 Massachusetts Avenue, Lexington, Massachusetts 02420. It is
agreed that time is of the essence of this Agreement.
6. Possession and Condition of Property:
Full possession of the Property free of all tenants and occupants, is to be delivered at the
time of the delivery of the deed, the Property to be then in compliance with provisions of
any instrument referred to in Paragraph 3 hereof and in the same condition that is in as of
the date of this Agreement, reasonable wear and tear excepted.
7. Extension to Perfect Title or Make Property Conform:
If at the time for performance of this Agreement Seller shall be unable to give title or to
make conveyance, or to deliver possession of the Property, all as herein stipulated, or if at
the time of the delivery of the deed the Property does not conform with the provisions
hereof, as the case may be, (a) Seller shall give written notice thereof to Buyer prior to
the Closing Date, (b) Seller shall use diligent, good faith efforts to remove any defects in
title or to deliver possession as provided herein or to make the Property conform to the
provisions hereof, and(c) upon the delivery of the notice mentioned above, the Closing
Date shall be extended for a period of up to thirty(30) days, provided, however, that such
extension period shall be for as short a period as is required by Seller to effect such
necessary cure to the title or condition of the Property. Seller's diligent good faith efforts
hereunder shall not require Seller to expend more than $1,000.00, inclusive of attorney's
fees but exclusive of sums paid to discharge mortgages and monetary liens of which
Seller had actual knowledge, and/or municipal charges.
{A0628484.4} 2
8. Failure to Perfect Title or Make The Property Conform:
If at the expiration of the extended time provided in Paragraph 7, above, despite Seller's
diligent and good faith efforts, Seller shall have failed so to remove any defects in title,
deliver possession, or make the Property conform, as the case may be, all as herein
agreed, then any payments made under this Agreement shall be forthwith refunded and
all other obligations of the parties hereto shall cease and this Agreement shall be void
without recourse to the parties hereto.
9. Buyer's Election to Accept Title:
Buyer shall have the election, at either the original Closing Date or any extended Closing
Date, to accept such title as Seller can deliver to the Property in its then condition and to
pay therefor the Purchase Price without deduction, in which case the Seller shall convey
such title to Buyer.
10. Acceptance of Deed:
The acceptance and recording of a deed by the Buyer shall be deemed to be the full
performance and discharge of every agreement and obligation herein contained or
expressed, except such as are, by the terms hereof, to be performed after the delivery of
said deed.
11. Use of Purchase Money to Clear Title:
To enable Seller to make conveyance as herein provided, Seller may, at the time of
delivery of the deed, use the purchase money or any portion thereof to clear the title of
any or all encumbrances or interests, provided that all instruments so procured are
recorded simultaneously with the delivery of said deed or, with respect to institutional
mortgages only, as soon as possible thereafter in accordance with applicable laws and
conveyancing practices.
12. Buyer's Default; Damages:
If the Buyer shall fail to fulfill Buyer's agreements herein, and Seller shall have fulfilled
all of Seller's agreements herein, the Deposit shall be retained by Seller as liquidated
damages and this shall be Seller's sole and exclusive remedy at both law and in equity for
any default by Buyer. Buyer agrees the Deposit a reasonable forecast of Seller's losses
due to any number of presently undeterminable factors including delays or inability to
resell the Property and does not under any circumstances constitute a penalty.
13. Buyer Termination:
In the event of any termination of this Agreement because of any default by Seller, then
the Deposit made under this Agreement shall be forthwith refunded in accordance with
{A0628484.4} 3
the Escrow Agreement and Buyer shall be entitled to pursue all remedies available to it in
law and in equity, including without limitation specific performance.
14. Due Diligence Period:
.v
Buyer shall have a due diligence period commencing on the Effective Date and expiring
on the date that is forty-five (45) days immediately after the Effective Date (the "Due
Diligence Period") during which Buyer, subject to the fifth paragraph of this section, shall
have full opportunity to inspect, take measurements, conduct surveys, perform tests, show
the Property to contractors, architects, surveyors, engineers and insurers, and make legal,
engineering and other reviews or investigations of the Property, including, without
limitation, title analysis, environmental site assessments, soil and groundwater tests, well
drilling,percolation tests,property surveys, and evaluations of utilities. Said right of access
shall be exercised only at reasonable times, in a reasonable manner, and after reasonable
notice thereof to the Seller. In consideration of the grant of access, the Buyer agrees to
indemnify,defend and hold the Seller harmless from any and all costs (including attorney's
fees incurred), damages, losses and claims for injury to persons, or damage or repair to the
Property resulting from the presence of the Buyer, Buyer's agents or invitees while being
on the Property. This indemnity shall survive the delivery and recording of the deed
hereunder or termination of this Agreement.
Prior to expiration of the Due Diligence Period (the "Title Review Period"), Buyer shall
deliver written notice (the "Title Objection Notice") to Seller specifying in reasonable
detail any objections that Buyer may have to any title matters relating to the Property and
including with such notice copies of any documents containing matters objected to in such
notice. Promptly after the receipt of the Title Objection Notice, Seller shall use diligent,
good faith efforts, as defined in Paragraph 7 hereof, to remedy any objections raised by
Buyer to comply with Section 3 and 15 of this Agreement prior to the expiration of thirty
(30) days from Seller's receipt of the Title Objection Notice (the "Title Cure Period.) If
the Closing Date is scheduled to occur prior to the end to the Title Cure Period, then, upon
written notice from Seller to Buyer,the Closing Date shall be extended until a date not later
the end of the Title Cure Period. In the event that, despite Seller's diligent and good faith
efforts, Seller cannot remedy all such objections as provided above prior to the end of the
Title Cure Period, Seller's right to extend the closing as set forth in Paragraph 7 hereof
shall automatically be waived for the matters identified in the Title Objection Notice and
Buyer shall have the rights set forth in Paragraphs 8 and 9 hereof.
Buyer shall have the right to provide a supplementary Title Objection Notice at any time
up to the Closing Date respecting only those defects in title to the Property arising after the
earlier date of Buyer's title report or survey or the expiration of the Title Review Period.
Seller shall cooperate with Buyer to give Buyer reasonable access to the Property during
the Due Diligence Period. If any consent or approval with respect to any activities by
Buyer is required of Seller by law, at Buyer's discretion and expense, Seller shall use
reasonable good faith efforts to obtain all consents and approvals needed for Buyer to
perform environmental monitoring, sampling and physical testing, subject to the fifth
paragraph of this section.
f A0628484.4} 4
Prior to engaging in any test or investigation that could damage any portion of the
Property, or prior to any sampling or testing of environmental media at the Property, Buyer
shall give Seller three (3) business days' notice and a description of the testing, sampling,
or investigation proposed for Seller's review and approval. If Seller disapproves such
testing, Buyer's sole remedy shall be to terminate this Agreement, in which event the
deposit shall be returned to Buyer and neither party shall have any further obligations
hereunder. If Seller approves such testing or investigation, then Seller shall have the
opportunity to have a representative or employee of Seller present during such activity
and Buyer shall be subject to the indemnity obligations set forth in the first paragraph of
this section. Prior to any contractors entering the Premises, Buyer shall provide a
certificate of insurance evidencing commercial general liability insurance and workman's
compensation insurance held by any contractors performing these tests or investigations
which shall be reasonably satisfactory to Seller. Buyer shall repair, at its sole cost and
expense, any damage to the Property caused by such tests or investigations.
If Buyer is not satisfied in its sole judgment with any of the information obtained by
Buyer while conducting the due diligence identified above (other than title objection
issues that are controlled by the second and third paragraphs of this section as well as
other relevant paragraphs of this Agreement), then Buyer shall have the right to terminate
this Agreement by written notice to Seller at any time or prior to 5:00 p.m. on the last day
of the Due Diligence Period.
15. Title:
It is understood and agreed by the parties that the Property shall not be in conformity with
the title provisions of this Agreement unless:
(a) All buildings, structures and improvements, including but not limited to,
any driveways, garages and fences, and all means of access to the Property,
are located completely within the boundary lines of the Property and shall
not encroach upon or under the property of any other person or entity;
(b) No building, structure or improvement of any kind belonging to any other
person or entity encroaches upon or under the Property; and
(c) Title to the Property shall be at the time of closing insurable at normal title
insurance premium rates for the benefit of the Buyer at the Buyer's expense,
by a nationally-recognized title insurance company,upon delivery from the
Seller to the Buyer of the deed contemplated by this Agreement and upon
recordation of such deed, by an owner's title insurance policy (on the
current ALTA form) insuring fee title in the Buyer free from all exceptions
other than those exceptions set forth in Paragraph 3.
16. Access:
In addition to Buyer's rights set forth in Paragraph 14, Buyer and its agents shall have the
right of access to the Property prior to the Closing Date for the purpose of inspecting the
{A0628484.4} 5
condition of the Property. Said right of access shall be exercised only at reasonable times,
in a reasonable manner, and after reasonable notice thereof to the Seller. In consideration
of the grant of access, the Buyer agrees to indemnify, defend and hold the Seller harmless
from any and all costs (including attorney's fees incurred), damages, losses and claims for
injury to persons, or damage or repair to the Property resulting from the presence of the
Buyer, Buyer's agents or invitees while being on the Property. This indemnity shall
survive the delivery and recording of the deed hereunder or termination of this Agreement.
17. Notices:
All notices required or permitted to be given hereunder shall be in writing and delivered
by hand or sent by Federal Express or other recognized overnight delivery service or by
facsimile or email (with proof of transmission):
in case of notice to SELLER, to: David M. Lipshutz, Esquire
Seegel Lipshutz & Lo, LLP
Wellesley Office Park
80 William Street, Suite 200
Wellesley, MA 02481
Tel: (781) 431-7700
Fax: (781) 431-7701
Email: dlipshutzgsll-law.com
with copies to: Curtis Whitney
J.M. Whitney& Co., Inc.
P.O. Box 100
Watertown, MA. 02471
617-924-7500
617-899-9488 CEll.#
Curtis gJMWhitney.com
in case of notice to BUYER, to: Town of Lexington
1625 Massachusetts Avenue
Lexington, Massachusetts 02420
Attn: Conservation Director
Email: kmullins klexin e tonma.gov
with copies to: Jillian B. Bargar, Esquire
Anderson &Kreiger LLP
50 Milk Street, 21St Floor
Boston, MA 02109
Tel: (617) 621.6551
Fax: (617) 621.6651
Email: jbargarkandersonkreiger.com
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal
Express or other recognized overnight delivery service, on the next business day after
{A0628484.4} 6
deposit with said delivery service, or if by facsimile (with proof of transmission), on the
same business day.
18. REBA Standards:
Any matter or practice arising under or relating to this Agreement that is the subject of a
title or practice standard of the Massachusetts Real Estate Bar Association shall be
governed by such standard to the extent applicable, unless specifically provided
otherwise in this Agreement.
19. Seller's Delivery of Closing Documents:
The Seller shall cooperate with the Buyer by executing, acknowledging, swearing to the
truth of the contents and delivering such instruments as may reasonably and customarily
be required by the Buyer's title insurance company and/or the Buyer's attorney in
conjunction with the closing.
20. Extensions:
By executing this Agreement, Buyer and Seller hereby grant to their respective attorneys
the actual authority to bind them by facsimile or email for the limited purpose of allowing
them to grant extensions hereunder, and Buyer and Seller shall be able to rely upon the
signatures of said attorneys as binding unless they have actual knowledge that either
party has disclaimed the authority granted herein to bind them.
21. Suits or Judgments:
The Seller represents and warrants to the best of Seller's knowledge to the Buyer that the
Seller has no notice or knowledge of any suits or judgments in relation to the Property.
The provisions of this Paragraph 21 shall survive the delivery of the deed for the Property
or the early termination hereof.
22. Underground Fuel Storage Tanks; Environmental Matters:
Seller warrants and represents that, to the best of Seller's knowledge and belief, without
conducting any independent investigation or inquiry of any kind or nature (and no
constructive or imputed knowledge shall be attributed to Seller), (1) there are no
underground fuel storage tanks or hazardous substances in, on, or under the Property, (11)
Seller has not received any written notice from any governmental authority claiming any
violation of any federal, state or local statue, ordinance, regulation, administrative order
or court order or decree pertaining to any hazardous substance in, on, under or over the
Property or demanding clean-up or any other remedial action, (111) Seller has not
generated, treated, stored, released, discarded or disposed of hazardous substances on the
Property during its period of ownership, and (iv) the Property is in compliance with all
environmental laws. The provisions of this Paragraph 22 shall survive delivery of the
deed.
{A0628484.4} 7
23. Broker:
A Broker's fee for professional services (per separate agreement between Broker and
Seller) is due from the Seller to J.M. Whitney& Co., Inc., the Broker herein, but only if
as and when the Deed is delivered to Buyer and the full purchase price to Seller and not
otherwise.
Seller and Buyer each warrant and represent to the other that neither has dealt with any
real estate broker, salesperson, finder, or other person entitled to a commission or fee in
connection with the negotiation or execution of this Agreement or the consummation of
the transaction contemplated hereby, other than J.M. Whitney& Co., Inc. This
Paragraph 23 shall survive delivery of the deed for the Property or the early termination
hereof.
24. Disclosure of Beneficial Interest Form:
Prior to the execution of this Agreement, the Seller shall complete the disclosure of
beneficial interest form that is attached hereto as Exhibit B as required under M.G.L. c.
7C, sec. 38, and Buyer shall file the same with the Division of Capital Asset Management
of Massachusetts.
25. Municipal Purposes:
Buyer is acquiring the Property for municipal purposes, which may include open space,
conservation and passive outdoor recreation. Buyer may elect to acquire the Property
through one or more deeds for portions of the Property running to one or more municipal
entities, boards or commissions, upon notification to Seller at least three (3) days before
the deed or deeds are to be delivered as herein provided.
26. Municipal Approvals and Processes:
Notwithstanding anything set forth herein to the contrary, the Buyer's obligations
hereunder are expressly subject to all municipal approvals that are required for the
Buyer's purchase of the Property, including without limitation Town Meeting approval,
and completion of the notification process set forth in M.G.L. c. 30B sec. 16(e)(2) to the
Town's satisfaction. In the event that the Buyer does not receive any one or more of the
aforesaid municipal approvals (if required) prior to the expiration of the Due Diligence
Period then Buyer may elect to terminate this Agreement by notice to Seller and this
Agreement shall become null and void without recourse to the parties hereto.
27. Bargain Sale:
Seller has expressed to Buyer that Seller believes that the Purchase Price for the Property
is below fair market value. Seller intends that the difference between the Purchase Price
and fair market value shall be a charitable contribution to Buyer. However, Buyer makes
{A0628484.4} 8
no representation as to the tax consequences of the transaction contemplated by this
Agreement, and Seller shall obtain independent tax counsel and be solely responsible for
compliance with the gift value substantiation requirements of the Internal Revenue Code.
28. Assignment:
Seller shall not be entitled to assign any of the rights hereunder,except to entities controlled
by the Seller, and the Buyer shall be entitled to terminate this Agreement by written notice
to the Seller in the event of a breach of this Paragraph 28.
29. Liability of Trustee, Shareholder, Beneficiary, etc.:
If Seller or Buyer is executing this Agreement in a representative or fiduciary capacity,
only the principal or the estate represented shall be bound; neither the Seller nor Buyer so
executing,nor any shareholder or beneficiary of any trust, shall be personally liable for any
obligation, express or implied, hereunder.
30. Construction of Agreement:
.v
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the
parties, is binding upon and enures to the benefit of the parties hereto and their respective
heirs, devisees, executors, administrators, successors and assigns, and may be cancelled,
modified or amended only by a written instrument executed by both the Seller and Buyer.
The captions and marginal notes are used only as a matter of convenience and are not to be
considered a part of this Agreement or to be used in determining the intent of the parties to
it.
31. Severability:
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full
force and effect, and in the place of such invalid or unenforceable provision there shall be
substituted a like, but valid and enforceable provision, which comports to the findings of
the aforesaid court and most nearly accomplishes the original intention of the parties.
32. Signatures:
Each party to this Agreement agrees that delivery of an executed signature page of this
Agreement to the other party (or its attorney) by facsimile or other electronic
transmission shall be binding on each of the parties as if the original of such facsimile or
other electronic transmission had been delivered to the other party.
33. "As Is" Sale.
Except as expressly set forth in this Agreement, it is understood and agreed that Seller is
not making and has not at any time made any warranties or representations of any kind or
character, express or implied, with respect to the Property, including, but not limited to,
f A0628484.4} 9
any warranties or representations as to habitability, merchantability or fitness for a
particular purpose.
Buyer acknowledges and agrees that upon closing Seller shall sell and convey to Buyer
and Buyer shall accept the Property "as is, where is, with all faults" except to the extent
expressly provided otherwise in this Agreement. Buyer has not relied and will not rely on,
and Seller is not liable for or bound by, any express or implied warranties, guaranties,
statements, representations, or information pertaining to the Property or relating thereto
(including specifically, without limitation, any prospectus distributed with respect to the
Property) made or furnished by Seller, the managers of the Property, or any real estate
broker or agent representing or purporting to represent Seller,to whomever made or given,
directly or indirectly, orally or in writing, unless specifically set forth in this Agreement.
Buyer also acknowledges that the purchase price reflects and takes into account that the
Property is being sold"as-is."
Buyer represents to Seller that Buyer has conducted, or will conduct prior to the Closing
Date, such investigations of the Property, including, but not limited to, the physical and
environmental conditions thereof, as Buyer deems necessary or desirable to satisfy itself
as to the condition of the Property and the existence or nonexistence or curative action to
be taken with respect to any hazardous or toxic substances on or discharged from the
Property, and will rely solely upon same and not upon any information provided by or on
behalf of Seller or its agents or employees with respect thereto, other than such
representations, warranties, and covenants of Seller as are expressly set forth in this
Agreement. Upon closing, Buyer shall assume the risk that adverse matters, including, but
not limited to, construction defects and adverse physical and environmental conditions,
may not have been revealed by Buyer's investigations, and Buyer, upon closing, shall be
deemed to have waived, relinquished and released Seller (and Seller's officers, directors,
shareholders, employees and agents) from and against any and all claims, demands, causes
of action(including causes of action in tort), losses,damages,liabilities,costs and expenses
(including reasonable attorneys' fees) of any and every kind or character, known or
unknown, which Buyer might have asserted or alleged against Seller(and Seller's officers,
directors, shareholders, employees and agents) at any time by reason of or arising out of
any latent or patent construction defects or physical conditions,violations of any applicable
laws and any and all other acts, omissions, events, circumstances or matters regarding the
Property.
The provisions of this paragraph shall survive closing or any termination of this
Agreement.
34. Adjustments.
Taxes, for the then current fiscal year shall be apportioned and adjusted, as of the date of
the delivery of the deed, and the net amount thereof shall be added to or deducted from, as
the case may be, the purchase price payable by the Buyer at the time of delivery of the
deed.
35. Time of the Essence.
f A0628484.4} 10
Time is of the essence of this Agreement.
[Signature Pages Follow]
{A0628484.4} 11
EXECUTED under deal as of the date first written above.
SELLER
COLONIAL DEVELOPMENT CORP., a
Massachusetts corporation
By:
Name:
Title:
BUYER
TOWN OF LEXINGTON
By and through its Conservation Commission
By:
Name:
Title:
{A0628484.4} 12
EXHIBIT A
ESCROW AGREEMENT
WHEREAS, the Town of Lexington, by and through its Conservation Commission, a
municipal corporation with an address of 1625 Massachusetts Avenue, Lexington, Massachusetts
(the "Buyer"), and Colonial Development Corp., a Massachusetts corporation with a mailing
address of 204 Dexter Avenue, Watertown, Massachusetts (the "Seller"), entered into a Purchase
and Sale Agreement dated , 2019 (the "Agreement") for the sale of a parcel of land
identified as Lexington Assessor's Parcel ID 32-135 (the "Property");
WHEREAS, the parties have agreed to place the deposit of Eight Thousand Seven
Hundred Fifty Dollars ($8,750.00)paid by the Buyer in conjunction with the execution of the
Agreement (the "Escrow Sum") in escrow as set forth in Section 4 of the Agreement;
WHEREAS, the parties have agreed to deposit the Escrow Sum with the law firm of
Seegel Lipshutz & Lo, LLP (the "Escrow Agent");
NOW THEREFORE, the parties hereto hereby agree as follows:
1) Buyer, Seller and the Escrow Agent agree to comply with Section 4 as well as the other terms
of the Agreement expressly related to the Deposit for the purposes hereof. The retention and
release of the Escrow Sum hereunder shall be governed by the provisions set forth in the
section referenced above.
2) The Escrow Sum shall be retained by the Escrow Agent in a non-interest bearing escrow
account, and it shall be held under the terms set forth below:
a) In the event of a dispute relating to the Escrow Sum, the Escrow Agent shall have the
right to retain all or any portion of the Escrow Sum pending the receipt of written
instructions agreed to and signed by Seller and Buyer or receipt of a court order directing
the distribution of the Escrow Sum after all appeals therefrom have been taken or appeals
periods relating thereto have expired. In the alternative, the Escrow Agent may resign at
any time by transferring the Escrow Sum to a successor escrow agent reasonably
acceptable to Seller and Buyer, which successor agrees in writing to act as escrow agent.
b) Buyer and Seller jointly and severally agree to indemnify and hold the Escrow Agent
harmless for any and all costs and expenses, including reasonable attorney's fees,
incurred in connection with any dispute concerning the Escrow Sum.
c) The duties and responsibilities of the Escrow Agent shall be limited to those expressly set
forth herein and in the Agreement, and the Escrow Agent shall not be subject to, nor
obligated to recognize, any other agreement between, or direction or instructions of, any
or all of the parties hereto.
d) The Escrow Agent, in its sole discretion, may institute legal proceedings of any kind,
including, but not limited to, a legal proceeding in any court of competent jurisdiction, to
determine the obligations of the parties hereunder and to deposit the Escrow Sum in such
court; and upon such deposit and institution of legal proceedings, the duties of the
{A0628484.4} A-1
Escrow Agent shall be fully terminated and the Escrow Agent shall be fully discharged
from all such duties. The Escrow Agent shall not be required to institute or defend any
administrative, arbitral,judicial or other action or legal process involving any matter
referred to herein which in any manner affects it or its duties or liabilities hereunder
unless and until it has received full indemnity as it shall in its sole discretion require
against any and all claims, liabilities,judgments, attorneys' fees and other costs and
expenses of any and every kind in relation thereto.
e) In taking any action hereunder, the Escrow Agent shall be protected and may rely upon
any notice, paper or document or signature believed by it to be genuine or upon any
evidence deemed by it to be sufficient. In no event shall the Escrow Agent be liable for
any act performed or omitted to be performed by it hereunder in the absence of gross
negligence or willful misconduct, and in no event shall it be liable or responsible for any
failure of any banking institution in which the Escrow Sum is deposited to pay such
Escrow Sum at the Escrow Agent's direction.
f) The Escrow Agent shall not be under a duty to give the property held hereunder a greater
degree of care than the Escrow Agent gives its own similar property. The tax
identification numbers of the parties hereto shall be furnished to the Escrow Agent on
request.
g) The rights and immunities of the Escrow Agent hereunder shall apply equally to its
partners, of counsel, associates, employees, affiliates and agents.
h) Seller and Buyer agree that Seegel Lipshutz & Lo, LLP's status as Escrow Agent shall
not affect its ability to act as the Seller's counsel in the event a dispute arises regarding
the Escrow Sum, or any other dispute under this Escrow Agreement or with respect to the
sale of the Property, and Seller and Buyer hereby waive any current or future conflict of
interest which may result from the same.
i) This Agreement sets forth exclusively the duties of Escrow Agent with respect to any and
all matters pertinent hereto and no implied duties or obligations shall be read into this
Escrow Agreement against Escrow Agent.
3) This Escrow Agreement may be executed and delivered in any number of counterparts, each
of which so executed and delivered shall be deemed to be an original and all of which shall
constitute one and the same Escrow Agreement.
[Signatures on following page]
{A0628484.4} A-2
This document is executed under seal as of this day of , 2019.
SELLER
COLONIAL DEVELOPMENT CORP., a
Massachusetts corporation
By:
Name:
Title:
BUYER
TOWN OF LEXINGTON
By and through its Conservation Commission
By:
Name:
Title:
ESCROW AGENT
SEEGEL LIPSHUTZ & LO, LLP
By:
{A0628484.4} A-3
EXHIBIT B
DISCLOSURE OF BENEFICIAL INTERESTS IN REAL PROPERTY TRANSACTION
(M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J)
The undersigned party to a real property transaction with a public agency hereby discloses and certifies,under
pains and penalties of perjury, the following information as required by law:
(1) REAL PROPERTY: Lexington Assessor's Parcel ID 32-135
(2) TYPE OF TRANSACTION, AGREEMENT OR DOCUMENT: Sale
(3) PUBLIC AGENCY PARTICIPATING IN TRANSACTION: Town of Lexington, as Buyer
(4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY(IF NOT AN 1NDIVIDUAL):
Colonial Development Corp., a Massachusetts corporation
(5) ROLE OF DISCLOSING PARTY(Check appropriate role:
Lessor/Landlord Lessee/Tenant
_X Seller/Grantor Buyer/Grantee
Other(Please describe):
(6) The names and addresses of all persons and individuals who have or will have a direct or indirect
beneficial interest in the real property excluding only 1) a stockholder of a corporation,the stock of which is
listed for sale to the general public with the securities and exchange commission, if such stockholder holds
less than ten percent of the outstanding stock entitled to vote at the annual meeting of such corporation, or 2)
an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions
specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows(attach additional pages if necessary):
NAME RESIDENCE
(7) None of the above-named persons is an employee of the Division of Capital Asset Management and
Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed
below(insert"none"if none):
(8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has
read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General
Laws of Massachusetts:
;n0628484.4} B-1
No agreement to rent or to sell real property to or to rent or purchase real property from a public
agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made
to the lessor or seller of such property unless a statement, signed, under the penalties ofperjury, has
been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly
authorized officer thereof giving the true names and addresses of all persons who have or will have a
direct or indirect beneficial interest in said property with the commissioner of capital asset
management and maintenance. The provisions of this section shall not apply to any stockholder of a
corporation the stock of which is listed for sale to the general public with the securities and exchange
commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote
at the annual meeting of such corporation. In the case of an agreement to rent property from a public
agency where the lessee's interest is held by the organization of unit owners of a leasehold
condominium created under chapter one hundred and eighty-three A, and time-shares are created in
the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this
section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires
the time-share on or after a bona fide arms length transfer of such time-share made after the rental
agreement with the public agency is executed and(ii) who holds less than three percent of the votes
entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement
shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case
of any change of interest in such property, as provided for above, within thirty days of such change.
Any official elected to public office in the commonwealth, or any employee of the division of capital
asset management and maintenance disclosing beneficial interest in real property pursuant to this
section, shall identify his position as part of the disclosure statement. The commissioner shall notify
the state ethics commission of such naives, and shall make copies of any and all disclosure statements
received available to the state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received available for public
inspection during regular business hours.
(9) This Disclosure Statement is hereby signed under penalties of perjury.
Print Name of Disclosing Party:
(From Section 4,above)
Authorized Signature of Disclosing Party:
Print Name and Title of Authorized Signer:
Date:
;n0628484.4} B-2
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review and Approve Banner Policy
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.4
SUMMARY:
The Board had previously reviewed these two policies and Selectman Barry had indicated she had some
additional edits for the policies. Selectman Barry and I met recently and reviewed the two policies and I've
provided a redlined and clean version of both policies that include those edits.
SUGGESTED MOTION:
Move to approve the Street Pole Policy and Massachusetts Avenue Banner Policy as attached (or"as
amended", should the Board make additional edits).
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:3 5 p.m.
ATTACHMENTS:
Description Type
F) Pole Banner glean (:ever 11ein)
F) Mass Ave 1--kanne Clean (..ever Mario
Lexington Pole Banner Policy
Adopted
Banners may be on Massachusetts Avenue, Worthen Road and Waltham Street at
approved locations on designated poles subject to approval of the Town Manager and
the Historic District Commission, as appropriate, and under the following conditions and
by priority as listed below:
1. To notify residents of or Town-sponsored programs and events or other
community events within Lexington.
2. To promote Lexington-specific, community—based, non-profit activities.
In setting precedence on how banners will be posted or removed, banners will be
posted in a priority-based manner as numbered above with 1 being the highest priority.
No banners related to religion, political or commercial advertisement will be permitted.
Banners for community sponsored events with sponsor names incidental to the banner
design may be allowed subject to the approval of the Town Manager.
To request that banners be hung on poles on Massachusetts Avenue, Worthen Road or
Waltham Street: All requests must be sent to the Town Manager's office via email
(manager(@,lexingtonma.qov) or regular mail to the Town Office Building, 1625
Massachusetts Avenue, Lexington, MA 02420 no less than four weeks before the
pole banners are requested to be hung:
Your request must include:
• The name of the sponsoring organization
• The name of the event or program
• Date, time and place
• Contact information
• Dates that are requested for the banners to be hung/removed
• Proposed banner design to include wording, symbols and colors
Pole banners may be requested to hang for a period of up to four weeks, which may be
extended at the Town Manager's discretion. The Town Manager may require a
minimum amount of pole banners to provide a unified look. The Public Works
Department will make every effort to hang/remove the banners on the dates requested
(though dates may vary depending on other scheduled work). The Town Manager
reserves the right to approve/disapprove of specific design and content for all banners.
Should the Town manager approve the request, it is the responsibility of the applicant to
deliver the banners to the Department of Public Works, 201 Bedford Avenue, no less
than two weeks prior to the date the banner(s) is/are requested to be hung.
Banner Requirements: Banners and all related material shall be of the size and
material as per the specifications of the Public Works Department. Any costs related to
the Public Works Department hanging banners shall be paid at the time the banners are
delivered to the Public Works Department, the Town Manager reserves the right to
waive any fees.
The Town shall not be responsible for theft, damages, etc of any banners.
Massachusetts Avenue Street Banner Policy
Adopted
Banners may be hung in Lexington over Massachusetts Avenue a 'iiiiIIII
Y g g
i
i
�°° IIII " °IIII "°°"�i Illlqi °°° IIII i°° �IIII� �� IIII IIII IIII� °IIII IIII�� �� IIII �°"'�i IIII �°"'�i IIII� � IIII�� IIIII ��°° °"°"' ��° IIII i° �� qIe
. .
IIII9 0 a 'i -subject to approval of the Town Manager 'i q�
�� pp er g
�I IIII IIII IIIIli k C° IIII Ie as
appropriate, and under the following conditions and by priority as listed below:
1. To notify residents of elections or Town Meeting.
® To notify residents of Town-sponsored events or programs.
. To notify residents o community events is
l. within Lexington.
In setting precedence on how banners will be posted or removed, banners will be
posted in a priority-based manner as numbered above with 1 being the highest priority.
No banners related to religion, political or commercial advertisement will be permitted.
To request that a banner be hung over Massachusetts Avenue: All requests must be
sent to the Town Manager's office via email (manager(cb-lexingtonma.gov) or regular
mail to the Town Office Building, 1625 Massachusetts Avenue, Lexington, MA 02420 no
less than four weeks before the banner is requested to be hung:
Your request must include:
• The name of the sponsoring organization
• The name of the event or program
• Date, time and place
• Contact information
• Dates that are requested for the banner to be hung/removed
• Proposed banner design to include wording, symbols and colors
Banners may be requested to hang for up to one week.
The Public Works Department will make every effort to hang/remove the banner on the
dates requested (though dates may vary depending on other scheduled work
a� IIII ° IIII 'iiii 'iiii IIII°II�� The Town Manager reserves the right to approve/disapprove of
' ) g g
specific design and content for all banners.
Should the Town Manager approve the request, it is the responsibility of the applicant to
deliver the banner to the Department of Public Works, 201 Bedford Street, no less than
two weeks prior to the date the banner is requested to be hung.
Banner Requirements: Banners and all related material shall be of the size and
material as per the specifications of the Public Works Department. Any costs related to
the Public Works Department hanging the banner shall be paid at the time the banner is
delivered to the Public Works Department, the Town Manager reserves the right to
waive any fees.
The Town shall not be responsible for theft, damages, etc of any banners.
Massachusetts Avenue Street Banner Policy
Adopted
Banners may be hung in Lexington over Massachusetts Avenue at the location
approved by the Board of Selectmen and Historic District Commission adjacent to the
Town Offices ,subject to approval of the Town Manager with notification to the Board of
Selectmen , as appropriate, and under the following conditions and by priority as listed
below:
1. To notify residents of elections or Town Meeting.
2. To notify residents of Town-sponsored events or programs.
3. To notify residents of Lexington-based non-profit community events that are
within Lexington.
In setting precedence on how banners will be posted or removed, banners will be
posted in a priority-based manner as numbered above with 1 being the highest priority.
No banners related to religion, political or commercial advertisement will be permitted.
To request that a banner be hung over Massachusetts Avenue: All requests must be
sent to the Town Manager's office via email (manager(cDIexingtonma.gov) or regular
mail to the Town Office Building, 1625 Massachusetts Avenue, Lexington, MA 02420 no
less than four weeks before the banner is requested to be hung:
Your request must include:
• The name of the sponsoring organization
• The name of the event or program
• Date, time and place
• Contact information
• Dates that are requested for the banner to be hung/removed
• Proposed banner design to include wording, symbols and colors
Banners may be requested to hang for up to one week. The Public Works Department
will make every effort to hang/remove the banner on the dates requested (though dates
may vary depending on other scheduled work and/or weather conditions). The Town
Manager reserves the right to approve/disapprove of specific design and content for all
banners.
Should the Town Manager approve the request, it is the responsibility of the applicant to
deliver the banner to the Department of Public Works, 201 Bedford Street, no less than
two weeks prior to the date the banner is requested to be hung.
Banner Requirements: Banners and all related material shall be of the size and
material as per the specifications of the Public Works Department. Any costs related to
the Public Works Department hanging the banner shall be paid at the time the banner is
delivered to the Public Works Department, the Town Manager reserves the right to
waive any fees.
The Town shall not be responsible for theft, damages, etc of any banners.
Lexington Pole Banner Policy
Adopted
Banners may be on Massachusetts Avenue, Worthen Road and Waltham Street at
approved locations on designated poles subject to approval of the Town Manager and
the Historic District Commission, as appropriate, and under the following conditions and
by priority as listed below:
®� To promote Lexington specific�� community based�� non-profit activities.
In setting precedence on how banners will be posted or removed, banners will be
posted in a priority-based manner as numbered above with 1 being the highest priority.
No banners related to religion, political or commercial advertisement will be permitted.
Banners for community sponsored events with k,1s1r%e6.,,., sponsor names incidental to
the banner design may be allowed subject to the approval of the Town Manager.
To request that banners be hung on poles on Massachusetts Avenue, Worthen Road or
Waltham Street: All requests must be sent to the Town Manager's office via email
(managerCcD-Iexingtonma.gov) or regular mail to the Town Office Building, 1625
Massachusetts Avenue, Lexington, MA 02420 no less than four weeks before the
pole banners are requested to be hung:
Your request must include:
• The name of the sponsoring organization
• The name of the event or program
• Date, time and place
• Contact information
• Dates that are requested for the banners to be hung/removed
• Proposed banner design to include wording, symbols and colors
Pole banners may be requested to hang for a period of up to four weeks, which may be
extended at the Town Manager's discretion. The Town Manager may require a
minimum amount of pole banners to provide a unified look. The Public Works
Department will make every effort to hang/remove the banners on the dates requested
(though dates may vary depending on other scheduled work). The Town Manager
reserves the right to approve/disapprove of specific design and content for all banners.
Should the Town manager approve the request, it is the responsibility of the applicant to
deliver the banners to the Department of Public Works, 201 Bedford Avenue, no less
than two weeks prior to the date the banner(s) is/are requested to be hung.
Banner Requirements: Banners and all related material shall be of the size and
material as per the specifications of the Public Works Department. Any costs related to
the Public Works Department hanging banners shall be paid at the time the banners are
delivered to the Public Works Department, the Town Manager reserves the right to
waive any fees.
The Town shall not be responsible for theft, damages, etc of any banners.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Sustainability Director and Integrated Building Policy
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.5
SUMMARY:
Attached are the most recent drafts of the Sustainability Director position description and the Integrated
Building Design& Construction Policy.
The Sustainability Director position description has been circulated to Ricki Pappo, who (submitted the
petition)as well as Sustainable Lexington and to Mark Sandeen for comment(3 iterations)and the attached
reflects comments that have been received.
The Integrated Building Design& Construction Policy has been circulated through the working group
consisting of the Permanent Building Committee, Sustainable Lexington, representatives of the School
Committee, Board of Selectmen, Capital Expenditures Committee, Mike Cronin and myself. Once a version
of the policy was agreed to by the working group, the draft was further refined by the PBC and Sustainable
Lexington working together to develop the attached current draft of the policy. It is anticipated the working
group will get together later this month or early September to finalize and a recommended policy will be
presented to the Selectmen and School Committee.
SUGGESTED MOTION:
No action at this time, this is for discussion purposes only.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:45 p.m.
ATTACHMENTS:
Description Type
F) Integrated Building�Policy Dra-fil Cbver Meryu
F) Integrated I�uilding Policy March vs...Iuly (Awer Meryu
F) Sustainability Director F.,)raft (bver Merno
F) SusUtin.abilitly Di.rector I)ntft 2 Cover Merno
Integrated building design policy 2-25-19
Revised through 7-23-19
BOARD OF SELECTMEN & SCHOOL COMMITTEE POLICY
INTE GRA TED BUILDING DESIGN& CONSTRUCTION POLICY
Date Approved by BOS: Signature of Chair:
Date Approved by SC: Signature of Chair:
Supersedes: Sustainable Design Policy, September 19,2005
Revised: ,2019
I. Purpose of Policy
1. To maximize the health and well-being of building occupants and the public at large.
2. The Town will design and construct its buildings to meet programmatic requirements while enabling
operations to achieve the highest reasonably attainable and economically viable performance
standards for health, energy and resilience.
3. To guide the overall project delivery of a Town facility from a scope, schedule and cost standpoint
while maximizing sustainability objectives.
4. To evaluate and select optimal designs which(1) address the building's intended programmed use
and which(2)minimize and mitigate the negative impacts of development, construction and building
operations on the natural environment.
5. To maximize onsite renewable energy production given each building's respective site and site use,
while minimizing energy use and operational costs of Town buildings.
6. To provide resilient and maintainable facilities.
II. Responsibility
The Board of Selectmen and School Committee are responsible for adopting this policy and goals for school
buildings. The Board of Selectmen is responsible for adopting this policy and goals for all other facilities.
The term"Elected Boards"is used to identify these two bodies throughout this policy and goals.
The Town Manager, Superintendent of Schools, Director of Public Facilities and Permanent Building
Committee (PBC) shall be responsible for the adherence to this Policy and the Town Manager is authorized
to adopt additional guidelines, objectives and supplemental materials to effectuate this policy and goals.
The project"stakeholder"group referred to in this policy and goals shall be determined by the Town
Manager and Superintendent of Schools,when appropriate, in consultation with the Elected Boards,but
should include but not be limited to,representatives of the Department of Public Facilities, Permanent
Building Committee,the building occupants and Sustainable Lexington.
III. Scope
1. This policy and goals apply to all Town General Fund funded facility projects.
2. To the extent possible, all renovation and new projects,undertaken by the Town should achieve, the
attached"LEED Lexington"integrated building design goals and strive to achieve the LEED Silver
standards, at a minimum. The application for LEEDTM certification can remain optional, subject to
available funding and the discretion of the Elected Boards prior to schematic designs. The Elected
Boards may choose to exempt certain building projects under their respective purview from these
standards.
1
Integrated building design policy 2-25-19
Revised through 7-23-19
IV. Pow
The Department of Public Facilities and Elected Boards will strive to achieve the highest reasonably
attainable and economically viable performance standards for health, energy, and resilience for Town
building projects in accordance with the policy of the Elected Boards.
1. Prior to initiating building design activities or selection of the design team, the project stakeholders
shall establish specific targets for the project that consider each of the Integrated Building Design
Goals as defined in Attachment A. The targets shall be approved by the Elected Board(s).
2. Design teams selected for all facility projects that are subject to this policy shall at a minimum
include LEEDTM accredited professionals with demonstrated experience in designing facilities that
would meet the requirements of this policy and goals.
3. Prior to design, the Project Stakeholder group will make a recommendation to the Elected Boards,
whether to pursue optional application for formal LEEDTM Silver certification Elected Boards.
4. The Integrated Building Design Goals shall be monitored by the Department of Public Facilities and
the Permanent Building Committee throughout the project to ensure that requirements of this policy
and the agreed upon, attainable goals are met.
5. At the end of every project phase(feasibility, schematic design, design development, construction
documents and construction), the project design team will prepare an end of Project Phase Report
that addresses the design's adherence to or departure from approved scope, cost, schedule and the
Integrated Building Construction Goals as attached. Representatives of the Elected Boards therefore
need to keep themselves up to date on the progress of the project and appropriately inform the other
members of their Elected Board through the end of the project phase approval. The Director of
Public Facilities will submit this report for consideration to the Elected Board(s).
6. The Integrated Design process is iterative,the decision of the prior phase is the foundation of the
subsequent phase. The "Feasibility" establishes the targets for the subsequent phases of the project.
The Schematic phase seeks designs that most optimally attains the approved feasiblity targets of
scope(including sustainability and resilience), cost and schedule. Project success requires that the
design approval at the end of the Schematic Phase and Design Development Phase meet the
approved scope, cost and schedule requirements; it is imprudent to proceed with the subsequent
phase if the project is not on scope and cost at the end of the prior phase.
7. The Town shall implement a post occupancy commissioning process when roughly 20% of the one
year warranty period remains.
8. Capital projects must commence with sufficient, overall project schedule and design dollars to
explore the desired Integrated Design options.
V. Policy Revisions and Updates
1. No changes to this policy and goals may be made without the formal approval of the Elected Boards.
2. This policy and goals shall be reviewed and updated by a Committee jointly appointed by the
Elected Boards every three years or sooner as required to reflect current,best practices and
performance standards for health, energy, and resilience and any updates to applicable codes and
reference materials.1
This policy is to meet the goals set out in Article 33 of 2013.
2
Attachment A
Integrated Building Design Policy Goals
Master Sco a Checklist-Lexin ton Projectsp J
Consult Lexington's Integrated Building Design and Construction Policy for other requirements.for New Construction and Major Renovation-Town Buildings
This document is based on scope features defined in LEED 4.0 with additions/modifications driven by Town of Lexington requirements:
Project Name:
Project Address:
Project Phase:
Report Date:
Resilience Level (Circle appropriate level per the Town's Emergency Preparedness and Response Plan maintained by the Town's Fire Chief
Level 1: Public Safety(Police,Fire,Public Services)No interruption of essential services;
Level 2: Town Shelter--Full electrical and thermal power necessary for life safety,food prep/refrigeration,lighting,internet connectivity^charging stations;
Level 3: Continued Operation-Smart load reduction in emergencies,mobile or on-site backup generation to carry load for continued operation;
Level 4: Asset Preservation-Provide power to hold building temperature,provide light&manage building systems
Source Explaination
1 LEED 4.0_() Standard LEED items with standard LEED requirements and definitions(LEED Ref#)
2 LEED 4.0_() Standard LEED items with specific Lexington definitions(LEED Ref#). Strive to achieve maximum points on these items.
3 LEX_() Specific Lexington requirements(Lex1 through Lex5)
Lex Goal Explaination
1 Required Lexington requires this outcome/scope item to be included in the base case project design.
2 Strive to Achieve These Items represent focused Lex Goals and should be evaluated&reported on for discussion/implementation.
3 Ev&Report Evaluate the applicability of this item to theproject/site and report on benefits and impacts of implementation
LEED SCORING LEXINGTON MASTER-SCOPE CHECKLIST
Expected Max Source Scope Item/Feature/Outcome Lex Goals Comments Cost Impact
Points Points I I I I Scale
Y ? N
1 LEED 4.0 Integrative Process Required
0................0..............0.......W.,,.W.,,,.W.,0
W.,,,.W.,.,..Resilience
Resilience-Buildings shall be designed to deliver services based on the resilience
0 LEX 1 levels defined in the Integrated Design Procedure.The resilience level for a particular Required
building shall be consistent with the planned use of the building in the Town's
Emergency Management plan.
Location and Transportation
16 LEED 4.0_LTc1 Neighborhood Development Location Ev&Report
1 LEED 4.0_LTc2 Sensitive Land Protection Ev&Report
2 LEED 4.0_LTc3 High Priority Site Ev&Report
5 LEED 4.0_LTc4 Surrounding Density and Diverse Uses Ev&Report
5 LEED 4.0_LTc5 Access to Quality Transit Ev&Report
1 LEED 4.0_LTc6 Bicycle Facilities Ev&Report
1 LEED 4.0_LTc7 Reduced Parking Footprint Ev&Report
1 LEED 4.0_LTc8 Green Vehicles Ev&Report
0..............o..........,,..0.......w,,.,,w,ue,w1a,0u,........Sustainable Sites
Y Req. LEED 4.0 Construction Activity Pollution Prevention Required
Y Req. LEED 4.0 Environmental Site Assessment Required
1 LEED 4.0 Site Assessment Ev&Report
2 LEED 4.0_SS4 Site Development-Protect or Restore Habitat Ev&Report
1 LEED 4.0_SS5 Open Space Ev&Report
3 LEED 4.0_SS6 Rainwater Management Ev&Report
2 LEED 4.0_SS7 Heat Island Reduction Ev&Report
1 LEED 4.0_SS8 Light Pollution Reduction Ev&Report
1 LEED 4.0 Site Master Plan Ev&Report
1 LEED 4.0 Joint Use of Facilities Ev&Report
Water Efficiency
Y Req. LEED 4.0_WE1 Outdoor Water Use Reduction Required
Y Req. LEED 4.0_WE2 Indoor Water Use Reduction Required
Y Req. LEED 4.0_WE3 Building-Level Water Metering Required
2 LEED 4.0_WE4 Outdoor Water Use Reduction Ev&Report
6 LEED 4.0_WE5 Indoor Water Use Reduction Ev&Report
2 LEED 4.0_WE6 Cooling Tower Water Use Ev&Report
1 LEED 4.0 WE? Water Metering Ev&Report
0 0 0 33 Energy and Atmosphere
Y Req. LEED 4.0 Fundamental Commissioning and Verification Required
Y Req. LEED 4.0 Minimum Energy Performance Required
Y Req. LEED 4.0 Building-Level Energy Metering Required
Y Req. LEED 4.0 Fundamental Refrigerant Management Required
LEED 4.0_EAc1 Enhanced Commissioning-Pursue:
IBDP 3.4 6 Option 1 of this credit:HVAC Commissioning Required
Option 2 of this credit:Building Envelope Commissioning
LEED 4.0_EAc2 Optimize Energy Performance:Target onsite building energy use intensity(kBTUs/sq
ft)for new buildings:30%(New Construction)less energy use than ASHRAE 90.1
IBDP 1.1 18 (current)or better.20%(Renovation)less energy use than ASHRAE 90.1(current)or Required
better.
LEED 4.0_EAc3 Advanced Energy Metering:Use advanced metering and sub-metering to report and
IBDP 1.2 1 track hourly interval electricity use data by end-use categories that exceed 10%of total Required
annual electricity consumption and maintain said records for rolling two year periods.
(LEED VA requires 3 yrs.)
............
LEED 4.0_EAc4 Demand Response:Install and properly maintain building management system to
2 track and manage peak demand for energy cost reduction and emergency load Required
shedding.
LEED 4.0_EAc5 Renewable Energy Production(LEED 10%): Maximize onsite renewable energy,
IDBP 1.3 3 targeting at least 20%onsite renewable energy production and may supplement this Required
with offsite renewable energy.
LEx 2 Utilize energy storage when cost effective to lower peak demand charges and
IBDP 3.3 - Required
"I'l""I'll""I'll'll""I'll""I'll'i"ll""I'll""I'll"I.................�,111,11,11,111,111,11,'ll""I'll""II
integrate with onsite solar.
LEED SCORING LEXINGTON MASTER-SCOPE CHECKLIST
Expected Max Source Scope Item/Feature/Outcome Lex Goals Comments Cost Impact
Points Points Scale
.............
1 LEED 4.0_EAc6 Enhanced Refrigerant Management Ev&Report
LEED 4.0 EAc7
Green Power and Carbon Offsets:Target onsite building energy use intensity
2 (kBTUs/sq ft)for new buildings:30%less energy use than ASHRAE 90.1(current)or Strive to Achieve
better.This can be done using Green Power and Carbon Offsets.
'IBDP 1.4 - LEx 3 Evaluate and present options for achieving net zero energy use. Required
LEX_4 All electric,zero emissions on site design(excluding fuel for emergency backup power
IBDP 2.3 - j generators and backup heating systems). Required
0..............o..........,,..0.......w,,.,,w,ue,w1a,'3........Materials and Resources
Y Req. LEED 4.0 Storage and Collection of Recyclables Required
Y Req. LEED 4.0 Construction and Demolition Waste Management Planning Required
5 LEED 4.0 Building Life-Cycle Impact Reduction Ev&Report
LEED 4.0
2 Building Product Disclosure and Optimization-Environmental Product Declarations Ev&Report
2 LEED 4.0 Building Product Disclosure and Optimization-Sourcing of Raw Materials Ev&Report
2 LEED 4.0 Building Product Disclosure and Optimization-Material Ingredients Ev&Report
2 LEED 4.0 Construction and Demolition Waste Management Ev&Report
Indoor Environmental Quality
Y Req. LEED 4.0 Minimum Indoor Air Quality Performance Required
Y Req. LEED 4.0 Environmental Tobacco Smoke Control Required
Y Req. LEED 4.0 Minimum Acoustic Performance "',6r:r C! Required
LEED 4.0_IEQcl Enhanced Indoor Air Quality Strategies:
IBDP 2.2, 2 Enhanced Filtration-Install and properly maintain particulate matter filters to protect Required
IBDP 2.4 health of the occupants and as appropriate for building type and use.
3 LEED 4.0_IEQc2 Low-Emitting Materials Ev&Report
1 LEED 4.0_IEQc3 Construction Indoor Air Quality Management Plan Ev&Report
2 LEED 4.0_IEQc4 Indoor Air Quality Assessment Ev&Report
1 LEED 4.0_IEQc5 Thermal Comfort Ev&Report
2 LEED 4.0_IEQc6 Interior Lighting Ev&Report
3 LEED 4.0_IEQc7 Daylight Ev&Report
1 LEED 4.0_IEQc8 Quality Views Ev&Report
1 LEED 4.0_IEQc9 Acoustic Performance Ev&Report
Toxics-Avoid the use of red list substances as recommended by Lexington Board of
Health(memo dated March 4,2018),except when no practical alternative is available.
_ LEx_5 Utilize Healthy Building Network(or the equivalent)information in the design and
Strive to Achieve
selection of materials and consider using products and services established by the
Environmentally Preferable Purchasing program or other successor program of the
Commonwealth of Massachusetts or other similar cooperative purchasing programs.
0...............0..............0.......w,,.,,w,ue,w,.6w,.,e, Innovation
5 LEED 4.0 Innovation Ev&Report
1 LEED 4.0 LEED Accredited Professional Ev&Report
0..............0..............0........,,.„w,ue,w,.4w,.,,w,.,..Regional Priority
1 LEED 4.0 Regional Priority:Specific Credit Ev&Report
1 LEED 4.0 Regional Priority:Specific Credit Ev&Report
1 1 LEED 4.0 Regional Priority:Specific Credit Ev&Report
1 LEED 4.0 Regional Priority:Specific Credit Ev&Report
0
Certified:40 to 49 points
Silver:50 to 59 points
Gold:60 to 79 points
Platinum:80 to 110
Integrated building design policy 2-25-19
g ...............:��...:.�-19
Revised through��°����������������������������..
BOARD OF SELECTMEN & SCHOOL COMMITTEE POLICY
INTE GRA TED BUILDING DESIGN& CONSTRUCTION POLICY
Date Approved by BOS: Signature of Chair:
Date Approved by S C: Signature of Chair:
Supersedes: Sustainable Design Policy, September 19,2005
Revised: ,2019
I. Purpose of Policy
1. To maximize the health and well-being of building occupants and the public at large.
2. The Town will design and construct its buildings to meet programmatic requirements while enabling
operations to achieve the highest reasonably attainable and economically viable performance
standards for health, energy and resilience.
3. To guide the overall project delivery of a Town facility from a scope, schedule and cost standpoint
while maximizing sustainability objectives.
4. To evaluate and select optimal designs which(1) address the building's intended programmed use
and which(2)minimize and mitigate the negative impacts of development, construction and building
operations on the natural environment.
5. To maximize onsite renewable energy production given each building's respective site and site use,
while minimizing energy use and operational costs of Town buildings.
6. To provide resilient and maintainable facilities.
II. Responsibility
The Board of Selectmen and School Committee are responsible for adopting this policy and goals for school
buildings. The Board of Selectmen is responsible for adopting this policy and goals for all other facilities.
The term"Elected Boards"is used to identify these two bodies throughout this policy and goals.
The Town Manager, Superintendent of Schools, Director of Public Facilities and Permanent Building
Committee (PBC) shall be responsible for the adherence to this Policy and the Town Manager is authorized
to adopt additional guidelines, objectives and supplemental materials to effectuate this policy and goals.
The project"stakeholder" group referred to in this policy and goals shall be determined by the Town
Manager and Superintendent of Schools,when appropriate, in consultation with the Elected Boards,but
should include but not be limited to,representatives of the Department of Public Facilities, Permanent
Building Committee,the building occupants and Sustainable Lexington.
III. Scope
1. This policy and goals apply to all Town General Fund funded facility projects.
2. To the extent possible, all renovation and new projects,undertaken by the Town should achieve,
the attached"LEED Lexington"integrated
building g g .' ... :. iii : :I i p i g :. The
design goals at'id�::�� / � ) � c i eN,, 1 � �:
application for LEEDTM certification can remain optional, subject to available funding and the
I discretion of the Elected Boards. p i ol- �� ii CS 911 .. The Elected Boards may choose to
exempt certain building projects under their respective purview from these standards.
1
Integrated building design policy 2-25-19
g ...............�:��...:�.�-19
Revised through��°��������������������������������..
IV. Pow
The Department of Public Facilities and Elected Boards will strive to achieve the highest reasonably
attainable and economically viable performance standards for health, energy, and resilience for Town
building projects in accordance with the policy of the Elected Boards.
1. Prior to initiating building design activities or selection of the design team,the project stakeholders
shall establish specific targets for the project that consider each of the Integrated Building Design
Goals as defined in Attachment A. The targets shall be approved by the Elected Board(s).
2. Design teams selected for all facility projects that are subject to this policy shall at a minimum
include LEEDTM accredited professionals with demonstrated experience in designing facilities that
would meet the requirements of this policy and goals.
3. Prior to design, the Project Stakeholder group will make a recommendation to the Elected Boards,
whether to pursue optional application for formal LEEDTM Silver certification Elected Boards.
4. The Integrated Building Design Goals shall be monitored by the Department of Public Facilities and
the Permanent Building Committee throughout the project to ensure that requirements of this policy
and [ IIIII� I� ���;� I .���� ���� IIII�. � ....�goals are met.
5. At the end of every project phase (feasibility, schematic design, design development, construction
documents and construction), the project design team will prepare an end of Project Phase Report
that addresses the design's adherence to or departure from approved scope, cost, schedule and the
Integrated Building Construction Goals as attached. R,eprcsciiil� ±L....I � � ���:ql iccll A o1,) :.
IIL ��w IIII . 1� ���L �� , II � �� �1 � a�. � III.p i� l[i l .i le� . Ell(,����� �w�� �.�.I O-i row [i (,[i� I-i d I l O � IIIL� � � : � . IIIL� hIiF The Director of
Public Facilities will submit this report for consideration to the Elected Board(s).
6 F[ le hitII ill �IIL � IIIL .. �� � i � IIIL 1�� � �� i I � � i ui d t i � � l ( III
� m„"":� � � .�m �.�„. � u����tl �',., ; p�v w,m'���,`p �� �..���,� 'uo ���� „,.,� � �c ,��v.� `nip ,. �.,""�.�uh`� ,., �i .,�.,�
II� � l
. .... ..... .... JII ....
� �,,�II�����°.� a uo, �^o m^������� �II����� �,,,, ��' I � �„ �p iW � ..� �,.�.� ,. �„ �..,,,�� �,.* �*;:, '�� �r �' �"� °i'..�������
m � � :S dcl � II II IIIItI. I .
..... .... . ..... .. ...... .. ....
� � 'mo �..�„ ,,.„ ,. ... �I� �I� � ,,.� � ,� � ,, 'mo II� "no, uw.'m� � �I� � .. ,., ��,. .'mo Vm ;�. "no,'� v � uw'Vm w'p .;�.� �.
,.IIII ,. ����� �
s i� � i I. .II Ilu. il�t � t i I II [i ii i i I P i 1 II III. IIIV
.....
.... . : . 1 II 11-lis 1 11� II . � 1 i g i i i-i
I I . I
,111
i iI 1 � �I�w � v � m � ie. 0 .'u
tll I ............................................................................................................................. I III. s,( 0 (die :t i (T,iC I I IIII. 41 a sc-
® ,,,-The Town shall implement a post occupancy commissioning process when roughly 20% of the one
year warranty period remains.
���.,. ��,., i i � � � .°�u � .� V w .°�u IIII�.� �,��., �.Vu�I�"� Ilo� � .� .m� ��„ �Iloo ��„ �V
..0 I .I .. IIII II .. I . .. .. III. i t i�l l .i,
V. Policy Revisions and Updates
1. No changes to this policy and goals may be made without the formal approval of the Elected Boards.
2. This policy and goals shall be reviewed and updated by a Committee jointly appointed by the
Elected Boards every three years or sooner as required to reflect current,best practices and
performance standards for health, energy, and resilience and any updates to applicable codes and
reference materials.1
This policy is to meet the goals set out in Article 33 of 2013.
2
Sustainability Director— Town Manager's Office
us
Q\° M°RNti
°� 1775 x�� Town of Lexington
3
nw
r a rn Position Description
s m
3 a
APRIL 19"
FXINUS
Sustainability Director
Department: Town Manager's Office Job Code:
Reports to: Assistant Town Manager Grade Number:
Effective: 06/01/2019 Union: TNON
FLSA Status: Exempt Location: Town Manager's Office
GENERAL SUMMARY:
Under the general supervision of the Assistant Town Manager, develops and administers programs,
policies and initiatives to advance Lexington's sustainability objectives. Specifically, this position will
be responsible for coordinating and implementing sustainability, adaptation, mitigation, resilience, and
energy saving programs within Lexington's municipal, residential and commercial sectors. Incumbent
shall coordinate closely with Town Committees and Boards, throughout the Town government,
including acting as a liaison with the Sustainable Lexington Committee. The incumbent shall also
coordinate implementation of policies and procedures related to the Town's sustainability goals with
Town staff, including Finance, Public Works, Public Facilities, Building, Health, Planning, Zoning,
Economic Development, Emergency Management, Police, and Fire departments. The Sustainability
Director will be responsible for establishing benchmarks and metrics for measuring Lexington's
sustainability performance and to document progress and will be responsible for the Green
Communities Report. The ideal candidate will have experience in the following sectors - Health,
Safety, Buildings, Energy, Water, Transportation, Food, Toxics &Waste, and Land Use. The
Sustainability Director will have strong experience identifying, prioritizing and applying for grants a
thorough knowledge of sustainability program management, budgeting and timelines for regional,
state, and federal grant programs. The Sustainability Director is a member of the Town's Middle
Management Team and may expect to participate in the Town's Senior Management Team. The
Sustainability Director must have excellent financial analysis skills, verbal and written communications
skills, public speaking skills, as well as experience working internally with staff, management,
boards/committees and the public as well as state officials. The ability to be creative and flexible is
essential.
ESSENTIAL JOB FUNCTIONS:
♦ Responsible for developing, implementing, and prioritizing the programs, plans and policies
necessary to achieve the Town's sustainability initiatives, coordinating with Town staff, Town
committees and boards, and promoting public awareness and engagement.
♦ Responsible for identifying, prioritizing, and applying for grants, working with Town staff and
other partners to develop project scope, timelines, budgets, and completing financial analysis
including lifecycle analysis.
♦ Oversees various town-wide greenhouse gas inventory studies and evaluates and reports on
progress towards reduction goals; interprets and analyzes data collected to produce
comprehensive community greenhouse gas reduction plans; evaluates plan effectiveness and
reports on goal progression.
♦ Forms strategic partnerships across all Town Departments, Town Committees and Boards to
forward Lexington's sustainability goals including consideration of climate change in the
appropriate decisions and planning processes. Recommends strategies to adapt to climate
change vulnerabilities, improve resilience, reduce energy use and greenhouse gas emissions
with the goal of making Lexington a sustainable community.
Town of Lexington, MA Page 1 of 4
Sustainability Director— Town Manager's Office
♦ Advances electrification, where/when appropriate of Lexington's buildings and vehicles,
expansion and development of EV charging infrastructure throughout town, including public,
residential and commercial properties.
♦ Develops policies and programs for municipal vehicle purchases consistent with Lexington's
sustainability goals; improve town-wide supply chains for increased `green' acquisitions; develop,
manage and administer community-wide social engagement programs which influence citizen
behavior and practice in sustainability efforts, and advance programs that engage Town
employees in sustainability initiatives.
♦ Establishes alliances with Town businesses, industries, residents, community groups to secure
them as partners in Lexington's sustainability planning. Maintains relationships with relevant Town
staff and community stakeholders relative to sustainability, resilience, adaptation, energy
management, and greenhouse gas emission reduction efforts.
♦ Cultivates and supports sustainability policies related to municipal buildings, participates in internal
design discussions and works closely with the Director of Public Facilities (DPF) and DPF staff to
measure performance in meeting benchmarks for energy reduction efficiency improvements to
municipal buildings. Develops multi-year capital plans in conjunction with Director of Public
Facilities for building improvements, which are aligned with the Town's Integrated Building Policy.
♦ Acts as project manager, or co-manager, for energy or sustainability-related capital projects;
ensures projects are designed to improve resilience, maximize energy efficiency and renewable
energy production, and minimize greenhouse gas emissions for both commercial and residential
constituents.
♦ Provides information for the Town's website relative to sustainability and other areas of
responsibility including updating relevant annual or year-end reports and highlighting
sustainability efforts.
♦ Designs public outreach efforts and citizen-directed educational events related to the Town's
sustainability goals and projects such as renewable energy, energy efficiency, and electrification
of vehicles/buildings where/when appropriate. Works with the Town's Public Information Officer
on outreach campaigns to staff and the general public.
♦ Presents sustainability educational material at community and school events.
♦ Works independently and collaboratively to assume responsibility, prioritize and resolve
issues; works within deadlines and function in a fast-paced results-oriented atmosphere.
Coordinates and manages several complex projects and contractors simultaneously.
♦ Performs other related duties as required, directed, or as the situation dictates. Performs special
projects and related responsibilities as initiated and requested. Regular attendance at the
workplace is required.
SUPERVISORY RESPONSIBILITY:
Provides functional oversight to contractors, program volunteers and support staff. Responsibilities
include assessing progress and performance.
EDUCATION & EXPERIENCE:
♦ Bachelor's degree in Environmental Studies, Energy or Environmental Policy or other related field,
plus a minimum of five years of experience in sustainability planning, energy efficiency and/or
renewable energy market. Any equivalent combination of education, training or experience.
Town of Lexington, MA Page 2 of 4
Sustainability Director— Town Manager's Office
♦ High degree of technical aptitude required; ability to apply complex and varied analytical skills in
order to record and interpret varying statistics.
♦ Knowledge and experience in sustainability planning, environmental management, climate change,
energy efficiency, renewable energy and environmental sustainability principles. Previous
experience in community engagement, marketing or promotion. Experience in stakeholder
engagement, social media marketing and outreach.
♦ Possession of a valid Class D motor vehicle operator's license.
KNOWLEDGE. SKILLS &ABILITIES:
♦ Excellent interpersonal skills, including ability to maintain effective working relationships with the
community, Town boards and committees, staff and contractors. Should be able to communicate
effectively both verbally and in writing.
♦ Ability to comprehend and apply technical knowledge as it relates to energy uses and conservation;
strong analytic and collaboration skills; demonstrated competency in utilizing creative and
innovative thinking.
♦ Proficient in Spreadsheet applications, data management, and statistical interpretation. Ability to
convert data from one unit to another. Ensures accuracy of data and analyzes results by
organizing information and presenting it verbally, in writing, and graphically in user-friendly ways.
♦ Skilled in persuasive speaking and writing.
♦ High proficiency with Microsoft Office and data analysis software.
WORKING CONDITIONS & PHYSICAL DEMANDS:
Work is performed in a typical office environment. Occasionally may be subject to variations of temperature,
noise, odors, etc. when conducting on-site analysis. Office and administrative duties are conducted in
a relatively quiet environment, subject to frequent interruptions. Regularly subjected to the demands of
other individuals and the volume and /or rapidity with which tasks must be accomplished.
Operates computer, printer, video display terminal, calculator, telephone, copier, facsimile machine and
all other standard office equipment requiring eye-hand coordination and finger dexterity. Balancing,
crouching, grasping, pulling, reaching, lifting, carrying and stooping may also be required.
The above statements are intended to describe the general nature and level of work being
performed by people assigned to do this job. The above is not intended to be an exhaustive list
of all responsibilities and duties required. The omission of specific statements of duties does
not exclude them from the position if the work is similar, related, or a logical assignment to the
position.
*External and internal applicants, as well as position incumbents who become disabled
as defined under the Americans With Disabilities Act, must be able to perform the
essential job functions (as listed) either unaided or with the assistance of a reasonable
accommodation to be determined by management on a case by case basis.
This job description does not constitute an employment agreement between the employer and employee,
and is subject to change by the employer, as the needs of the employer and requirements of the job change.
Supervisor Approval:
(Name) (Date)
Town of Lexington, MA Page 3 of 4
Sustainability Director— Town Manager's Office
Department Head Approval:
(Name) (Date)
Town Manager's Office/Human Resources Approval:
(Name) (Date)
Original Approval Date:
Town of Lexington, MA Page 4 of 4
Sustainability Director— Town Manager's Office
1775 Xc� Town of Lexington
i
°W Position Description
'3 IS a
APRIL 19"
FX►N6_1
Sustainability Director
Department: Town Manager's Office Job Code:
Reports to: Assistant Town Manager Grade Number:
Effective: 06/01/2019 Union: TNON
FLSA Status: Exempt Location: Town Manager's Office
GENERAL SUMMARY:
Under the general supervision of the Assistant Town Manager, develops and administers programs,
policies and initiatives to advance Lexington's sustainability objectives,,,,,,,,,,
p y g
� � ���� � �� � �„�, ��, � � ��, �
� iiiiiiii iiii w wiiii w iiii�° iiii . Specifically, this osition will be responsible for
� p p
coordinating and implementing sustainability, adaptation, mitigation, resilience, and energy saving
programs within Lexington's municipal, residential and commercial sectors. Incumbent shall
coordinate closely with Town Committees and Boards, throughout the Town government, including
acting as a liaison with the Sustainable Lexington Committee. The incumbent shall also coordinate
implementation of policies and procedures related to the Town's sustainability goals with Town staff,
including Finance, Public Works, Public Facilities, Building, Health, Planning, Zoning, Economic
Development, Emergency Management, Police, and Fire departments. The Sustainability Director
will be responsible for establishing benchmarks and metrics for measuring Lexington's sustainability
performance and to document progress and will be responsible for the Green Communities Report.
The ideal candidate will have experience in the following sectors - Health, Safety, Buildings, Energy,
Water, Transportation, Food, Toxics &Waste, and Land Use. The Sustainability Director will have
strong experience identifying, prioritizing and applying for grants a thorough knowledge of
sustainability program management, budgeting and timelines for regional, state, and federal grant
programs. The Sustainability Director is a member of the Town's Middle Management Team and
may expect to participate in the Town's Senior Management Team. The Sustainability Director must
have excellent financial analysis skills, verbal and written communications skills, public speaking skills,
as well as experience working internally with staff, management, boards/committees and the public as
well as state officials. The ability to be creative and flexible is essential.
ESSENTIAL JOB FUNCTIONS:
♦ Responsible for developing, implementing, and prioritizing the programs, plans and policies
necessaryto achieve the Town's
coordinating with Town staff, Town committees and boards, and promoting
public awareness and engagement.
♦ Responsible for identifying, prioritizing, and applying for grants, working with Town staff and
other partners to develop project scope, timelines, budgets, and completing financial analysis
including lifecycle analysis.
♦ Oversees various town-wide greenhouse gas inventory studies and evaluates and reports on
progress towards reduction goals; interprets and analyzes data collected to produce
comprehensive community greenhouse gas reduction plans; evaluates plan effectiveness and
reports on goal progression.
♦ Forms strategic partnerships across all Town Departments, Town Committees and Boards to
forward Lexington's sustainability goals including consideration of climate change in the
appropriate decisions and planning processes. Recommends strategies to adapt to climate
change vulnerabilities, improve resilience, reduce energy use and greenhouse gas emissions
with the goal of making Lexington a sustainable community.
Town of Lexington, MA Pagel of 4
Sustainability Director— Town Manager's Office
♦ Advances electrification, where/when appropriate of Lexington's buildings and vehicles,
expansion and development of EV charging infrastructure throughout town, including public,
residential and commercial properties.
♦ Develops policies and programs for municipal vehicle purchases consistent with Lexington's
sustainability goals; improve town-wide supply chains for increased `green' acquisitions; develop,
manage and administer community-wide social engagement programs which influence citizen
behavior and practice in sustainability efforts, and advance programs that engage Town
employees in sustainability initiatives.
♦ Establishes alliances with Town businesses, industries, residents, community groups to secure
them as partners in Lexington's sustainability planning. Maintains relationships with relevant Town
staff and community stakeholders relative to sustainability, resilience, adaptation, energy
management, and greenhouse gas emission reduction efforts.
♦ Cultivates and supports sustainability policies related to municipal buildings, participates in internal
design discussions and works closely with the Director of Public Facilities (DPF) and DPF staff to
measure performance in meeting benchmarks for energy reduction efficiency improvements to
municipal buildings. Develops multi-year capital plans in conjunction with Director of Public
Facilities for building improvements, which are aligned with the Town's Integrated Building Policy.
♦ Acts as project manager, or co-manager, for energy or sustainability-related capital projects;
ensures projects are designed to improve resilience, maximize energy efficiency and renewable
energy production, and minimize greenhouse gas emissions for both commercial and residential
constituents.
♦ Provides information for the Town's website relative to sustainability and other areas of
responsibility including updating relevant annual or year-end reports and highlighting
sustainability efforts.
♦ Designs public outreach efforts and citizen-directed educational events related to the Town's
sustainability goals and projects such as renewable energy, energy efficiency, and electrification
of vehicles/buildings where/when appropriate. Works with the Town's Public Information Officer
on outreach campaigns to staff and the general public.
♦ Presents sustainability educational material at community and school events.
♦ Works independently and collaboratively to assume responsibility, prioritize and resolve
issues; works within deadlines and function in a fast-paced results-oriented atmosphere.
Coordinates and manages several complex projects and contractors simultaneously.
♦ Performs other related duties as required, directed, or as the situation dictates. Performs special
projects and related responsibilities as initiated and requested. Regular attendance at the
workplace is required.
SUPERVISORY RESPONSIBILITY:
Provides functional oversight to contractors, program volunteers and support staff. Responsibilities
include assessing progress and performance.
EDUCATION & EXPERIENCE:
♦ Bachelor's degree in Environmental Studies, Energy or Environmental Policy or other related field,
plus a minimum of five years of experience in sustainability planning, energy efficiency and/or
renewable energy market. Any equivalent combination of education, training or experience.
Town of Lexington, MA Page 2 of 4
Sustainability Director— Town Manager's Office
♦ High degree of technical aptitude required; ability to apply complex and varied analytical skills in
order to record and interpret varying statistics.
♦ Knowledge and experience in sustainability planning, environmental management, climate change,
energy efficiency, renewable energy and environmental sustainability principles. Previous
experience in community engagement, marketing or promotion. Experience in stakeholder
engagement, social media marketing and outreach.
♦ Possession of a valid Class D motor vehicle operator's license.
KNOWLEDGE. SKILLS &ABILITIES:
♦ Excellent interpersonal skills, including ability to maintain effective working relationships with the
community, Town boards and committees, staff and contractors. Should be able to communicate
effectively both verbally and in writing.
♦ Ability to comprehend and apply technical knowledge as it relates to energy uses and conservation;
strong analytic and collaboration skills; demonstrated competency in utilizing creative and
innovative thinking.
♦ Proficient in Spreadsheet applications, data management, and statistical interpretation. Ability to
convert data from one unit to another. Ensures accuracy of data and analyzes results by
organizing information and presenting it verbally, in writing, and graphically in user-friendly ways.
♦ Skilled in persuasive speaking and writing.
♦ High proficiency with Microsoft Office and data analysis software.
WORKING CONDITIONS & PHYSICAL DEMANDS:
Work is performed in a typical office environment. Occasionally may be subject to variations of temperature,
noise, odors, etc. when conducting on-site analysis. Office and administrative duties are conducted in
a relatively quiet environment, subject to frequent interruptions. Regularly subjected to the demands of
other individuals and the volume and /or rapidity with which tasks must be accomplished.
Operates computer, printer, video display terminal, calculator, telephone, copier, facsimile machine and
all other standard office equipment requiring eye-hand coordination and finger dexterity. Balancing,
crouching, grasping, pulling, reaching, lifting, carrying and stooping may also be required.
The above statements are intended to describe the general nature and level of work being
performed by people assigned to do this job. The above is not intended to be an exhaustive list
of all responsibilities and duties required. The omission of specific statements of duties does
not exclude them from the position if the work is similar, related, or a logical assignment to the
position.
*External and internal applicants, as well as position incumbents who become disabled
as defined under the Americans With Disabilities Act, must be able to perform the
essential job functions (as listed) either unaided or with the assistance of a reasonable
accommodation to be determined by management on a case by case basis.
This job description does not constitute an employment agreement between the employer and employee,
and is subject to change by the employer, as the needs of the employer and requirements of the job change.
Supervisor Approval:
Town of Lexington, MA Page 3 of 4
Sustainability Director— Town Manager's Office
(Name) (Date)
Department Head Approval:
(Name) (Date)
Town Manager's Office/Human Resources Approval:
(Name) (Date)
Original Approval Date:
Town of Lexington, MA Page 4 of 4
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Select Board Legislation
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.6
SUMMARY:
The House Counsel has completed their review and redraft of these two home rule petitions for legislation so
that it's in the proper format. The Town Meeting vote allows for non-substantive changes to be made by the
legislature, subject to the approval of the Board of Selectmen
SUGGESTED MOTION:
Move to approve the proposed changes made by the House Counsel to the S electmen-Town Manager Act and
the Representative Town Meeting Act as attached.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:5 0 p.m.
ATTACHMENTS:
Description Type
An Act chanains!the name of the board of selectmen in the town of Lexin1ton to the select
board.
SECTION 1. Section 1 of chapter 215 of the acts of 1929, as most recently amended by section 1
of chapter 132 of the acts of 1989, is hereby further amended by striking out the word
"selectmen", each time it appears, and inserting in place thereof, in each instance, the following
words:- select board.
SECTION 2. The first sentence of the first paragraph of section 3 of chapter 215 of the acts of
1929, as appearing in section 2 of chapter 179 of the acts of 1978, is hereby amended by striking
out the words "boards of selectmen and" and inserting in place thereof the following words:-
select board and board of.
SECTION 3. Section 5 of said chapter 215 is hereby amended by striking out the word
"selectmen" and inserting in place thereof the following words:- select board.
SECTION 4. The second sentence of section 8 of said chapter 215, as appearing in chapter 108
of the acts of 2008, is hereby amended by striking out the word"selectmen", each time it
appears, and inserting in place thereof the following words:- select board.
SECTION 5. Section 1 of chapter 753 of the acts of 1968 is hereby amended by striking out the
words "board of selectmen", each time they appear, and inserting in place thereof, in each
instance, the following words:- select board.
SECTION 6. Said section 1 of said chapter 753 is hereby further amended by striking out the
word"selectmen", each time it appears, and inserting in place thereof, in each instance, the
following words:- select board.
SECTION 7. Subsection (a) of section 2 of said chapter 753 is hereby amended by striking out
the word"selectmen" and inserting in place thereof the following words:- select board.
SECTION 8. Subsection (b) of said section 2 of said chapter 753 is hereby amended by striking
out the word "selectmen" and inserting in place thereof the following words:- select board.
SECTION 9. Subsection (d) of said section 2 of said chapter 753, as appearing in section 1 of
chapter 284 of the acts of 1976, is hereby amended by striking out the words "board of
selectmen" and inserting in place thereof the following words:- select board.
SECTION 10. Subsection (e) of said section 2 of said chapter 753 is hereby amended by striking
out the word "selectmen" and inserting in place thereof the following words:- select board.
SECTION 11. Subsection (f) of said section 2 of said chapter 753 is hereby amended by striking
out the word "selectmen" and inserting in place thereof the following words:- select board.
SECTION 12. Section 4 of said chapter 753 is hereby amended by striking out the word
"selectmen" and inserting in place thereof the following words:- select board.
SECTION 13. Section 5 of said chapter 753 is hereby amended by striking out the word
"selectmen", each time it appears, and inserting in place thereof, in each instance, the following
words:- select board.
SECTION 14. Section 6 of said chapter 753 is hereby amended by striking out the word
"selectmen", each time it appears, and inserting in place thereof, in each instance, the following
words:- select board.
SECTION 15. Section 7 of said chapter 753, as amended by section 5 of chapter 120 of the acts
of 1985, is hereby further amended by striking out the words "board of selectmen", each time
they appear, and inserting in place thereof, in each instance, the following words:- select board.
SECTION 16. Said section 7 of said chapter 753, as so amended, is hereby further amended by
striking out the word"selectmen", each time it appears, and inserting in place thereof, in each
instance, the following words:- select board.
SECTION 17. Section 8 of said chapter 753 is hereby amended by striking out the word
"selectmen" and inserting in place thereof the following words:- select board.
SECTION 18. Subsection (h) of section 9 of said chapter 753 is hereby amended by striking out
the words "board of selectmen" and inserting in place thereof the following words:- select board
SECTION 19. Said section 9 of said chapter 753 is hereby further amended by striking out the
word"selectmen", each time it appears, and inserting in place thereof, in each instance, the
following words:- select board.
SECTION 20. Section 10 of said chapter 753 is hereby amended by striking out the word
"selectmen" and inserting in place thereof the following words:- select board.
SECTION 21. Section 11 of said chapter 753 is hereby amended by striking out the word
"selectmen" and inserting in place thereof the following words:- select board.
SECTION 22. Section 12 of said chapter 753, as appearing in section 6 of chapter 120 of the acts
of 1985, is hereby amended by striking out the words "board of selectmen" and inserting in place
thereof the following words:- select board.
SECTION 23. Said section 12 of said chapter 753, as so appearing, is hereby further amended by
striking out the word"selectmen", each time it appears, and inserting in place thereof, in each
instance, the following words:- select board.
SECTION 24. Section 13 of said chapter 753, as so appearing, is hereby amended by striking out
the words "board of selectmen" and inserting in place thereof the following words:- select board.
SECTION 23. Said section 13 of said chapter 753, as so appearing, is hereby further amended by
striking out the word"selectmen", each time it appears, and inserting in place thereof, in each
instance, the following words:- select board.
SECTION 24. Section 14 of said chapter 753 is hereby amended by striking out the word
"selectmen", each time it appears, and inserting in place thereof, in each instance, the following
words:- select board.
SECTION 25. Section 17 of said chapter 753 is hereby amended by striking out the word
"selectmen-town manager" and inserting in place thereof the following words:- select board-
town manager.
SECTION 26. Said section 19 of said chapter 753 is hereby further amended by striking out the
words "board of selectmen" and inserting in place thereof the following words:- select board.
SECTION 27. Section 19 of said chapter 753 is hereby further amended by striking out the word
"selectmen", each time it appears, and inserting in place thereof the following words:- select
board.
SECTION 28. Said section 19 of said chapter 753 is hereby further amended by striking out the
word"selectmen-town manager" and inserting in place thereof the following words:- select
board-town manager.
SECTION 29. Notwithstanding any general or special law to the contrary, the executive body of
the town of Lexington, previously known as the board of selectmen, shall be known as the select
board and shall have the powers and authority of a board of selectmen under any general or
special law.
SECTION 30. This act shall take effect upon its passage.
ActIII Iati e to the cwlpitall c Illm lil III I Irnittee of the III of III... P .' Commented[RL(1]:Please feel free to amend the title at
the Representative's discretion.
SECTION 1. III lug III III. �III :III III .. ection 3 of ..ha ter 215 of the acts of 1929 as�.r^®,rnr'r'®®III��m.. .
JIL.............................................JIB..................................... ....... p
III ILIA i. 'A 01D"' is herebY fll� er'amended b striking L i.i � I amended l III III �II :
the n "chairman of the appropriation committee"and inserting in its place t['ter���;�,�� the
.. Ed -chairpersons oappropriationthe ancapita expenditures itures committees,,,,,,,,,
SECTION 2.Sil Ili s tlilo,,l'l. m;ection 2 of cha ter 753 of the acts of 1968 ^r�rewie® [Y ^r,�^
.... p , Commented[RL(2].It is our understanding that while S�.
III is hereby amended by inserting after the-p4fa-&e ��uII `I-d appropriation committee"the III'„' III"l 1 o co 7 as een su sequent y amen e numerous
�f times,Subsection(c)of section 2 has not specifically been
s. L,the capital expenditures committee".
amended;therefore,there is no need to note any
SECTION 3.This act shall take effect upon its passage. subsequent amendments.Please let us know if our
understanding is incorrect.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update from Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc
Committee
PRESENTER: ITEM
Jill Hai, Special Pen-nit Residential NUMBER:
Development Zoning Bylaw
Amendment Ad Hoc Committee Chair I'�
SUMMARY:
Jill Hai will update the Board with the Special Permit Residential Development Zoning Bylaw Amendment Ad
Hoc Committee progress to date.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 7:55 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Call for 2019 Special Fall Town Meeting
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.8
SUMMARY:
A vote is requested for this agenda item.
Board will call for the Fall Special Town Meeting and open the Warrant for Citizen articles.
The following dates are the target dates for this Special Town Meeting:
Deadline for Receipt of Citizen Articles: September 5
Submissions to Planning Board:By September 12
Submission of Selectmen's Message for Warrant: September 13
Draft Warrant in Selectmen's Meeting Packet: September 19
Selectmen's Meeting to Review Draft Warrant: September 23
Finalized Warrant for Selectmen's Meeting: October 3
Selectmen Sign Warrant: October 7
Mailing of Warrant: October 26
P o sting of Warrant: October 26
Town Meeting Dates:November 12 & 13
SUGGESTED MOTION:
Move to call for a Special Fall Town Meeting to begin on Tuesday, November 12, 2019 at 7:30 p.m. in Battin
Hall of the Cary Memorial Building.
Move to open the Special Fall Town Meeting Warrant for citizen petitions through T hurs day, September 5,
2019 at 4:00 p.m.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 8:00 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Set Dates for Financial Policy Summits and Department Budget Presentations
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.9
SUMMARY:
Attached please find the F Y21 proposed Finance Calendar for discussion. Please understand that while we
have tried to avoid conflicts with other meetings, there could be a date or two that will need to change. Also,
please note that in the past there have been 3 meetings for water/sewer rate setting and 3 meetings for tax rate
setting. We have proposed to reduce these to 2 meetings each in keeping with the Board's goal of reducing the
overall meeting schedule.
SUGGESTED MOTION:
No motion necessary, this is for discussion purposes only.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 8:05 p.m.
ATTACHMENTS:
Description Type
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Application: Limousine License - MN Black Car LLC
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.10
SUMMARY:
MN Black Car LLC has requested a new limousine license and has provided the necessary paperwork. A
CORI check was performed and the applicant has received a favorable Inspection Report on the livery vehicle
from the Lexington Police Department. The license will expire on May 1, 2020.
SUGGESTED MOTION:
Move to approve the limousine application and issue one limousine lic ens e to MN Black Car LLC, 425
Woburn Street.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 8:10 p.m.
ATTACHMENTS:
Description Type
MINI
/ I
y moo
i Al,
141,
°
1 fir%
0J�J 1 3 0 2019
7
TOWN OF LEXINGTON
f) r1 y
SELECTMEN."S OFFICE
k
w yy
Syr
' Y
1
a
r ri I
F APPLICATION FOR
h F
"".t9mLIMOUSINE LICENSE
0 * 00
The Board of Selectmen issues Limousine Licenses for carrying of passengers for hire. ease fill
in this form completely and return to the Selectmen's office along all of the required items listed
below. If you have any questions please contact the Selectmen's Office at 781-698-4580 or email
seectmenc�Iexin tonma. ov.
CORPORATE NAME: A!
�. k-L,, t,
D/B/A: ple,
ON-SITE MANAGER NAME AND PHONE NUMBER:
10
BUSINESS ADDDRE,, ► � m
EMAIL ADDDRESS:
NUMBER OF VEHICLES:
INFORMATION ON EACH VEHICLE ('dear, Make, VI No. and Plate No. and
where vehicle garaged):
C,140� m
LV
vrk ji,
ROUTES• i M
Authorized Signature Federal Identification No. or
Social Security Number
Submit to Selectmen's office:
1. Application
2. Check for$30.00 per vehicle (payable to Town of Lexington)
3. Workers' Compensation Insurance Affidavit(incl. copy of Declaration pg. of policy)
4. Proof that vehicle(s)has been registered and inspected by:Registry of Motor vehicle
S. Completed CORI form and drivers license or other government photo identification
C. Inspection.Report from Lexington Police Mechanic (contact William.Ahern at 781-862-
1 2 12 to make an appointment for the inspection).
Thursday, August 1, 2019
Livery Cab Inspection
Nawaz, Mujahid
425 Woburn st
Lexington Ma 02420
The following vehicle passes a basic inspection and has a current Mass State
Inspection sticker
2018 Cadilac Escalade MA REG LV80644
VI N#1GYS4H KJ3J R117337
William F Ahern
Police Mechanic
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Appointment of 2019 - 2020 Election Officers
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.11
SUMMARY:
Attached is a request from the Board of Registrars to appoint Election Officers for the period beginning
September 1, 2019.
SUGGESTED MOTION:
Motion to appoint Election Officers as presented in a memo from Board of Registrars for the period beginning
September 1, 2019.
FOLLOW-UP:
C lerk's O ffic e
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 8:15 p.m.
ATTACHMENTS:
Description Type
E) Menu Board cat!egist a to 130S Racw, .up Material
E) 20 19 2020 I..;s t of I 9'Jecfion.Officers tbr-Appo i m.4-r n t, Baickup Material
I
M
p 171211,
4U G 2019
rill
3 a
APRIL I"
C
Tow-Ill o Lexinvtotrall
Town Clerk's Office
Board. of Registrars
Tel: (781) 862-0500 x4558
Cordon M. Jones III, Chair Fax: (781) 861- 2754
Judith E. Moore
Mark R. Vitunic
Nathalie L. Rice, Clerk
MEMORANDUM
TO: Douglas Lucente, Chair, Select Board
FROM: Nathalie Rice, Clerk, Board of Registrars
DATE: June 27, 2019
RE: Select Board appointment of 2019-2020 Election Officers
I am pleased to report that there are 186 names to put forth for appointment this year.
The attached list of persons interested in serving as Election Officers for 2019-22020 is provided for appointment in
accordance with MGL c. 54§12-14 governing,the annual appointment of election officers by the Select Board.
The Board of Registrars, at its meeting of June 27, 2019, reviewed the names of those registered voters expressing,
an interest in serNrin�as Election Officers and unanimously voted to recommend to the Select Board the persons
listed on the attached report(dated June 26, 2019) for appointment. This listint,-of the 186 registered voters
includes 14"Republican"', 73 "Democrat", and 99 -Unenrolled"registered voters.
Accordingly, the Board of Registrars requests the Select Board vote to appoint as Election Officers, for the period
beginning September 1, 2019 the persons listed on the attached pages.
DOTER REGISTRA TIC9N&E'L,ECw``TION OFFICER SU V AfARY 201.E-20I 9
Year Total DEM REP UNR Total DEM REP UNR
Voters Workers
2019 20,137 7,491 11457 11,075 186 73 14 99
2018 21,723 81071 1,713 11,811 183 71 15 96
2017 211440 81048 11797 11,475 199 80 15 104
2016 21,489 81121 11935 11,346 190 69 15 106
F?o,15 20,888 7,934 1,957 10,942 169 51 14 104
Should additional information be helpful, please do not hesitate to contact me.
Thank you very much.
Encs. Election Officer Candidates 2019-2020
cc: Board of Registrars
Kim Katzenback, Executive Clerk, Select Board
1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETT 02420
Electi'on Officer Candi*dates 2019-2020
Last Dame ]First lame MI Str # Street Part
Aber Beverly F. 242 Lincoln St UNR
AmaA Mabel 119 Simonds s Rd DEM
Ament-Bergey Shirley29 Greenwood St DENT
Aronson Jane Waldman I 1 Lawrence Ln DEM
Baer .tune M. 346 Waltham St UNR
Bailey Josephine M. 1475 Massachusetts Ave UNR.
Bair Richard id . 18 Redcoat Ln DEM �
Baler Marsha E. 46 Burlington St DEM
Balaban Robert 22 Leonard Rd IEl
Barg Boris V. 30 Dexter Rd UNR
Batten Teresa A. 624 Waltham St DEM
Battell Thomas A. 624 Waltham St UNR
Bennani Maureen 250 Marrett Rd DEM
Biglow Diane M. 15 Bellflower St UNR
Bolduc Dorothy 89 Spring St UNR
Boucher Robert 252 Lincoln St UNR
Brandwein-Fr ar ,dill fi. 1 Malt Ln DEM
Bross Kenneth 7 Kendall Rd UNR
Burnell George A. 4 Baton Ind UN
Burnell Mary 4 Baton Rd UNR
Burns Arline A. 37 Cliffe Ave UNR
Burns Kathleen Adler{ 1 Leroy Rd UNR
Bums Maureen T. 83 Bedford St. UNR
Burwell Cristina R. 6 Albemarle arle Ave DEM
Cabrera Maria it r Garcia 75 Woburn St IBIS
Canter Air S. 3 3 Forest St UNR
Caton Suzanne B 6 Fifer Ln DEM
Cavatorta Marcia Frances 12 Forest St REP
Chen Gang 24 Bellflower St UNR
Clement Thon-las A. 368 Massachusetts Ave DENT
Wednesday,June 2 ,2019 Page I of 7
is
is
Last Naze First Name M1 Str # Street Park
Coffin Anita M. 23 Middle St DEM
Cohen Linda R. 33 Forest St UNR
Cohen Norman P. 3 3 Forest St UNR
Collins Christine A 429 Waltham St ITEM
Comings Richard 840 Bridge St I El
Conceison Ai -te Lou ise 26 Bernard St LAIR
Conway L. Susan. 29 Woodland Rd UNR
Cooper Constance BF 30 Greenwood St DENT
Costello Patricia Elen 9 Preston Rd UNR
Counts--Klebe Margaret L. 8 HancockAire DEM
Curran Gloria 30 Hilltop Ave UNR
Cutler Brian Todd 7 Carville Ave ITEM
Daniels Carol 1-1. 14 Judges Rd LTNR
Devenney Maria F. 199 Bedford St UNR
Dixon Linda J. 70 Fifer L n UNR
Dandle Dondley Irene M. 22 Leonard Rd DEM
Dunn Anne Mary 48 Grapevine Ave UNR
Edwards Franciiie C. 96 Outlook Dr UNR
Eisenberg George Gleason Rd LTA
Eisenberg Maida G. 54 Gleason Rd UNR
Farrington Harry Burgess 20 Fairl nd St UNR
Farris I onn lee A. 158 Maple St UNR
Fenollosa Marilyn M. 10 Marshall Rd DE
Fe .oll sa Michael K. 10 Marshall Rd FEINT
Fe s e Faith W. 20 Lois Ln UNR
Finna an Jodia L. 5 Keeler Farm Way UNR
Forsdick Harry C. 46 Burlington St LAIR
Forte Adriana B. 5 Drew Ave UNR
Francis Julia 34 Greenwood St. UNR
Frankel Sheila 3 Kimball Rd DEM
Frawley Shirley Babson 68 Potter Pond DE
edncsday,June 26,2019. Wage 2 of 7
Last Name First Name MI Str Street Party
Frawley William 68 Potter Pond DEM
Freeman C hrarles M. 16 NormandyRd REP
Freeman Margaret M. 16 Normandy Rd UNR
F•eltas Jae 10 Vynebroo e village UNR
Friedman Michael 12 Loring DEM
}
Fullmer Walter C. 66 Fifer Ln REP
Call Cheryl 1 W 12 Hancock Ave DEM
Ciao 2 Woburn St UNR
Garland Elizabeth B. 21 Preston Rd DE
Gas arro Sandra K 4 S ab rn PI UNR
Gillespie Mary Fairl nd St DEM
Goldstein Beth 6008 Main Campus us Dr DEM
Goldthwait Carol A. 251 Mass. Ave. REP
Gorospe Rebecca Fagan 42 Carville Ave UNR
Graham Natalie 18 Turning Mill Rd UNR
Gschwendtner Joann I Harrington Rd UNR
Hagopian Sonya 12 Lantern Ln UNR
Halverson Jane N. 22 10 Massachusetts usetts Ave UNR
I-Jartshom Manta B. 28 Locust Ave DEM
Iartshom Robert T. 28 Locust Ave DEM
Hays Susanne W. 39 Locust Ave UNR
Head Kathleen 40 Fair Oaks s Dr UNR
Hill Marie 159 Burlington St UNR
Himmel Magdalena W. 66 HancockSt UNR
Hubert Nancy L. 10 10 Waltham St DEM
Hutton Mary R.S. 67 valley Rd DEM
Johnson Dennis Robert 549 Lowell St UNR
Khavandgar R.a na 230 Locke Ln REP
King Ch r aine 70 Simonds Rd UNR
Knight Mary 56 Emerson Gdns UNR
Knudson Edgar A 656 M rrett Rd UNR
. ...............
Wedliesday,June 2 ,2019 Wage 3 of 7
i
Last Name First Dame MI Stir Street Party
Koso Carolyn L.W. 44 Grapevine Ave UNR
Koso Lindsay 44 Grapcvine Ave UNR
Krant Jonathan 12 Emerald St DEM
Lawlor; Sally 39 Normandy Rd REP
3
Levitt Linda 82 Grant St REP
Levitt Michael 92 Grant St REP
Loewenberg Joan S. 40 Oak St DEM
Lowther Janet . 25 Woodpark Cis• REP
Lucas Caroline K 3 o Balfour St DEM
Lund Donald Peter 20 Hancock St REP
Mahoney ar ra J. 6 Curve St DEM
Marcucci Angela G. 4 Elena Rd UNR
Marinaro Susan 33 Forest St DEM
Marquis Lorain A 62 valley Rd UNR
Mason Robert F. 33 Robinson Rd UNR
Mason Sheryl T. 33 Robinson Rd UNR
Masters Joellen 18 Bowyer St DEM
McLeish Susan A. Forest St UNR
McShine Jacqueline L. 18 Wm. Roger Greeley vlg UNR
Mello Judith A. 29 Hayward Ave UNR
Menas i Wilson P. 1475 Massachusetts Ave ITEM
Michalski Teresa M. 12 Loring Rd DEM
Millane Cecilia 27 Calvin St UNR
Miller Julie Ann 4 Lois Ln UNR
Minardl Judith Ann 37 Downing Rd DEM
Minardi Lee RcloLll 37 Downing nin Rd DEM
Mix Barbara M. 153 Grove St REP
Mina Lows P. 656 Marrett Rd UNR
Murphy Grace M 6 Colony Rd DEM
Dolan Louise Mary 9 Stevens Rd UNR
011in Ethel S. 49 Colony Rd ITEM
--------------
Wednesday,June 26,2019 Page 4 of 7
r
Last Name First Name MI St Street Party
O'Neill Anne B. 1475 Massachusetts sachusetts Ave UNR
Ouellette Margaret 23 TLxek r Ave DEM
Parker Lucille M. 262 Massachusetts Ave UNR J'
Petner Josephine D. 30 Taft Ave DEM
Pierce Alice lei. 1010 Waltham St DEM }
Pollack Betsy S. 4 10 Marrett Rd DEM
Potter Frances 1010 valt.hamSt#352 DEM
Prensky SIM017 222 Lincoln St DEM
Price Charles 52 North St UNR
Pullen Amy F. 20 BLIflin ton St UNR
Puoo olo Evangeline I . 35 Prospect Hill Rd UNR
Puskarele Marko
1 . 78 Woburn St UNR
QuinlanElaine J d 21 Captain Parker Arms UNR
Quill Margaret 1 . 5 8 Paul Revere Rd DEM
Rao Jy0ti 60 Allen St DEM
Rockwell Susan R. 366 Lowell St UNR
Romero Loyde H. 5 Frost Rd DEM
Rooney . Ashley 20 Hancock St UNR
Rubin Amy l . 5 Howard and Munroe PI LNR
Rural Doriane Carter 5 Compton Cir UNR
Sa deen Lisa Shreffler 10 Brent Rd UNR
Saradjian Margaret 259 Bedford Street DEM
Schott-Marcell Jodi M. 22 Flintlock Rd DEM
Schuler Clark S. 646 Marrett Rd UN
Schuler Judith A. 646 Marren Rd UNR
Sel1an Gail 374 Lowell St DEM
Setterlund Lorraine A. 2 Circle Rd UNR
Shanahan Jean D. 331 Bedford St LNR
Shaw Sandra J. 51 Waehus tt Dr DEM
Shiple Thomas R. 18 Phiiuiey Rd UNR
Sburtlef Martha 445 LowcIl St UNR
Wednesday,hine 26,2019 Page 5 of
r
Last Name First Name M1 Str # Street Party
Sibert Julie Claire 30 Ingleside Rd UN
Siegel Ellan B. 3 Diamond Rd UNR
Sell Carol S. 6 Presto.Rd DEM
erandio Diane 9 Hathaway Rd REP
Stei er ald Jessie 143 Cedar St UNR
e•�ald Julia
143 Cedar St UNR
Stleglitz Francine 3 Amherst St DEM
Strong Ann R. 37 Maple St DEM
Tauber Stephen JUHLIs 38 Ingleside Rd I EM
Taylor Ellen K. 20 Holmes Rd DEM
Taylor Thomas G. 50 Waltham St DEM
Tee Le ra 5 Rindge Ave DENT
Thenen Matthew A. 90 Maple St UNR
Thompson Julia H. 50 Cli 1e Ave DEM
Todd Duncan G. 4 Frost Ind UNR
Torsiello Elaine Lois 47 Potter Pond REP
Trudeau Jane A. 1364 Massachusetts Ave DEM
Turk Bernd M. 64 Reed St REP
Tuts o Dorothy Zaboro ski 16 Smith Ave UNR
Vincent Dorothy T. 17 Crescent Hill Ave UNR
Vincent Robert .1. 17 Crecent Hill Ave UNR
Ward Elaine P.V. 20 M arrett Rd UNR.
Webster Ann S. 16 Brent Rd UNR
Webster Chet Peter B. 16 Brent Rd UNR
Weinberger Virginia 69 Bridge St UNR
Welby Laura C. 16 FaAmBrest Ave UNR.
Wilhoite Becky 1475 Massachusetts Ave UNR
Wllhoite Charles D. 1475 Massachusetts Ave DEM
Mood James C. 51 Gleason Rd ITEM
Wood Martha C. 51 Gleason Rd DEM
vor;ala Julie Gruber 7 Raymond St DEM
Wednesday,Junc 26,2019Page 6 of 7
Last Name First Name Ml Str Street Warty
Ze der Jeri 900 Massachusetts Ave DEM
a
............
--
Wednesday,June 26,2019 Page 7 of 7
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Discuss Lexington Vacancy on Massport Community Advisory Committee
PRESENTER:TER• ITEM
S
NUMBER:
Board Discussion
I.12
SUMMARY:
Board discussion regarding Lexington vacancy on Massport Community Advisory Committee. (seat was
previously held by Michelle Ciccolo).
Matthew Romero, Executive Director Massport CAC, provided the attached information as a general
overview for consideration in filling the seat.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 8:20 p.m.
ATTACHMENTS:
Description Type
From: Matthew Romero
Sent: Monday,July 22, 2019 12:06 PM
To: selectmen's<Selectmen@lexingtonma.gov>
Subject: Massport CAC Vacancy
Here is some background on the Massport CAC as well as our thoughts on the types of members that have been
most successful for the committee.
By the terms of our Enabling Act, members to the CAC must be "versed in at least 1 of the following disciplines:
• airport operations;
• environmental affairs;
• labor relations;
• public health;
port operations
The members who have been able to contribute the most to establishing the CAC and moving its agenda forward
in a meaningful and constructive way have typically been municipal employees (Board of Health Directors, City
Planners) or elected (or former elected) officials. It's important to note this is an official independent state
authority, and our members are considered "special state employees" under the terms of state law. We are not
an activist organization or advocacy group, and people who are familiar with how public boards and bodies
conduct business are key.The appointee does not need to be a resident of the town appointing, so for example a
municipal employee can fill the position even if they are not a resident of Lexington.
The full CAC only meets four times a year(quarterly),though there is an opportunity for members to join any
number of subcommittees, which meet more frequently.The meetings are generally in Boston. Our next general
meeting is scheduled for Thursday, October 10th from 4-6pm.
I hope this clarifies some of what we'd be looking for in a Lexington representative on the CAC. Let me know if you
have any additional questions.
-Matt
-----------------
-----------------
Matthew A. Romero
Executive Director
Massport Community Advisory Committee
****This transmissionYi i attachment,is ing sent by or on behalf of the Massachusetts Port Authority CommunityAdvisory
Committee;it is intended for the exclusivei i privileged
confidential or otherwise legally exempt from disclosure as a public ®The informationi is e-mail may be confidential
deliveringand/or private and may be protected under state and federal laws. If you are not the addressee or an agent responsible for
authorizedmessage to same,you are not ,read,copy,forward or otherwise disseminate this electronici
or any part ® If you have received thisi in error,please reply to thisemail
confirmation that same has been deleted from your ® * *
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Request to Amend One-Day Liquor License - Saint Nicholas Church 2019 Gyro Fest
Fundraiser
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.13
SUMMARY:
Saint Nicholas Church had requested a one-day liquor license to serve beer, wine, and alcohol for the purpose
of their 2019 Gyro F est Fundraiser to be held at Saint Nicholas Church, 17 Meriam Street, on Saturday,
September 21, 2019 that was approved at the Thursday, June 13, 2019 Board of Selectmen meeting. They are
now requesting to amend the hours on the lic ens e to serve beer, wine, and alcohol from 11:00 a.m. to 8:00 p.m.
to now read 11:00 a.m. to 9:00 p.m.
SUGGESTED MOTION:
Move to approve the amended hours on the Saint Nicholas Church one-day liquor license for the purpose of
their 2019 Gyro F e s t Fundraiser from 11:00 a.m. to 8:00 p.m. to now read 11:00 a.m. to 9:00 p.m.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019 8:2 5 p.m.
ATTACHMENTS:
Description Type
E) One r:,,;iy I I...„ t.Nicholas 'hurc h,,,,,��(;cu ted.at.ftine 1 th 130S Meeting 11ickup ICE:tetial
F) Saint Nicholas(.1-un-d-i.I^'r nil Requesting ..Tiange of Hours i g
NUMBER, FEE
2019-110 $25*00
THE COMMONWEALTH OF MASSACHUSETTS
TOWN OF LEXINGTON
This is to Certify that Saint Nicholas Church, 17 Meriam Street
THE ABOVE NAMED NON PROFIT ORGANIZATION IS HEREBY GRANTED A SPECIAL LICENSE
FOR THE SALE OF BEER,WINE,AND ALCOHOLIC BEVERAGES,TO BE DRUNK ON THE PREMISES
under Chapter 138,Section 14,of the Liquor Control Act.
2019 Gyro Teat Fundraiser
17 Meriam Street
Saturday, September 21, 2019 from 11:00 a.m. to 8:00 p.m.
This license is granted in conformity with the Statutes and or finances sting thereto, and
expires September 22, 2019 unless soonspIle ded or
ry7e,voked:
June 13, 2019
From: Saledasl
To: Stacey Prizio
Subject: Re: One-Day Liquor License Application-St. Nicholas Church
Date: Tuesday,August 13,2019 6:23:17 PM
iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillillilliillillillillillillillilillillilillillillillillillillilliillillillillillI
Thank you Stacey. Enjoy your evening as well.
Sent from my iPhone
On Aug 13, 2019, at 18:20, Stacey Prizio wrote:
Hi Lou,
I am going to add this to the agenda for the Monday, August 19, 2019 Board of
Selectmen ® It should be a quick item. I will contact you the following day in
regards to the amendment and issuance of a new license.
Have a great night!
Thanks,
Stacey
Stacey A. Prizio
Department Assistant
Board of Selectmen
Town of Lexington
1625 Massachusetts Avenue
Lexington,MA 02420
Main: 781-698-4580
From: Louis Saleclas
Sent:Tuesday, August 13, 2019 4:59 PM
To: Stacey Prizio
Subject: Re: One-Day Liquor License Application - St. Nicholas Church
Hi Stacey,
It was good seeing you earlier today. As we discussed we are hoping to make a
minor change to our one-day liquor license regarding the hours. We would like to
add one additional hour to the request. Instead of 11:00 to 8:00 we would like to
have 11:00 to 9:00 for the license. Everything else will remain unchanged.
Please let me know if you need any additional information.
Thank you again for your help.
Regards,
Lou
On Tue, Aug 13, 2019 at 2:12 PM Stacey Prizio
wrote:
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve One-Day Liquor Licenses
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY.-
Lexington Lodge of Elks BPOE #2204 has requested a one-day liquor license to serve beer and wine at their
5th Annual Pig Roast to be held in the parking lot of the Lexington Lodge of Elks at 959 Waltham Street on
Sunday, September 15, 2019. The beer and wine will be served from 12:00 p.m. to 6:00 p.m. As in years past,
the event will be organized and managed to comply with ABC C regulations regarding the issuance of a one-day
alc o ho 1 lic ens e to an entity holding an existing alc o ho 1 lic ens e.
The Czech and Slovak Association, Inc. has requested a one-day liquor license to serve beer and wine for the
purpose of their Harvest F est event to be held at the Sacred Heart Parish Center, 21 F o llen Road, on
Saturday, October 5, 2019. The beer and wine will be served from 6:00 p.m. to 11:00 p.m.
The Lexington Historical Society has requested three one-day liquor licenses to serve cider and/or wine for the
purpose of three events on the following dates:
• "Taverns at Twilight", cider to be served Saturday, October 5, 2019 from 5:00 p.m. to 7:00 p.m. at the
Hancock-Clarke House, 36 Hancock Street.
• "A Personal View of the G amo to Private Collection", wine to be served Thursday, October 10, 2019
from 7:00 p.m. to 9:00 p.m. at a private residence at 17 Solomon Pierce Road.
• "A Mid-Century Modern Cocktail Party in a Walter Pierce Home", wine to be served Saturday,
November 2, 2019 from 7:00 p.m. to 9:00 p.m. at a private residence at 10 Marshall Road.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019
ATTACHMENTS:
Description Type
F) One Day LJ...........Lx,,xington.I k,)dge of I�.Jks BPOE 2.04 13ackup VIlatlefial
F)F) One Day ...........I cxington I'listorical Society 1015 Rackup Material
F) One Day LI............Lx iingtlon.Ifistotical Society 10/10 Backup Material
F) On�el I)ay LI..........Lexin.gton..1 fistorical Society 11/2 1-k-Ickup VII.Caterial
oQ.�JS M�-mac
OR
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p TOWN OF LEXINGTON
$ Z4 ;I
SELECTMEN'S OFFICE
3
.oR,tp.M Cht�k�
tfxmG01°� APPLICATION FOR
ONE-DAY LIQUOR LICENSE �25�OD
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: �.�C,�✓���.�✓ � �1�S �j. (?u,�. �aaOLJ
S'h��-a.� �► DSO n
CONTACT NAME AND NUMBER:
ADDRESS FOR MAILING: - 7 iNF1�/�1
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT: S��Y
LOCATION AND ADDRESS: tLY 41vl � ��-�;WO"l /L/L+ d Ltd)
McMy�Qs �wNc-i� -r 04�r
DATE OF FUNCTION: PT�r2aP,_ �"_ act N�j
TIMES OF FUNCTION: Z2 /WN/t/ — (o e.,c/f.
TYPE OF LIQUOR TO BE SERVED: beeg fi
DATE AND TIME WHEN LIQUOR DELIVERED:
DATE AND TIME WHEN LIQUOR REMOVED: �-- 15 - 19 � �F/✓�
ADDITIONAL INFORMATION: :5 E,6, A (lA-C 0
Authorized ignature Federal Identification No. or
Social Security Number
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APP1,1CATION FOR Chtcko q 5!5
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ONE-DAY LAQL,.0R.1_,1C.E NSE,
and 1`m it, +C.b\'C:`1'ag;L,,,(o, w � � Qmoc a , 3 u;..' E� l- t xt s i or t s �,
e 11 �s°I 3" 1'8�►€; .' �c 1� its" °' 1'^1J ; C r' �3� 1�t C 1� mi 1 '1 1'QUUI I-e C.i i) "
the,, ',. LigU'Ot'^"N'USe at a one-clay 11cluor licensc,;2vx..nt nulst be PUC 1-ids->cd (`roiTi al ik..:cne cd w hol aller. Q<-t fill it") thr's
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f�..' NAME, ,..,t .C. NUMBER.-
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A U 0 6 2 019
TOWN OF LEXINGTON
SELECTMEN'S OFFICE
APIUL
°`OY APPLICATION FOR 495000
ONE-DAY LIOUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: ,,0, -
,,¢h,,
CONTACT NAME AND NUMBER:
ADDRESS FOR MAILING: ��,�j, I�„� Ln4 �VA4VVwoA CD�4.iG
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT:
LOCATION AND ADDRESS: �wm/c-CG,�,/� I�;we .7� /.fo„,�,�/c y} tcn,,,l�,, qA a
DATE OF FUNCTION: IC/S/1 q
TIMES OF FUNCTION: 5=7 r"',
TYPE OF LIQUOR TO BE SERVED: 6JAr
DATE AND TIME WHEN LIQUOR DELNERED:
DATE AND TIME WHEN LIQUOR REMOVED: 9f,!`{
ADDITIONAL INFORMATION:
Authorized SignAure Federal Identification No. or
Social Security Number
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A IJ G"' 9
? 6 2_01
TOWN OF LEXINGTON
3 SELECTMEN'S OFFICE
«motor ChtGK� 1212
APPLICATION FOR O O
ONE-DAY LIOUOR LICENSE
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this forth
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: �i,�„r,}e,. ���f�,'nilSUcieiu
CONTACT NAME AND NUMBER: 5'arbj, h{t
ADDRESS FOR MAILING: P.0 Y"sue S14i I�ex�,.aM. NA G�KiC
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT: v Tk C-co"r
LOCATION AND ADDRESS: CA
DATE OF FUNCTION:
TIMES OF FUNCTION: 7-4 ISM
TYPE OF LIQUOR TO BE SERVED: W-..e
DATE AND TIME WHEN LIQUOR DELIVERED: 6 fN
DATE AND TIME WHEN LIQUOR REMOVED:
ADDITIONAL INFORMATION:
Authorized Signattfre Federal Identification No. or
Social Security Number
Vq M
A jG 0 6 2019
TOWN OF LEXINGTON
SELECTMEN'S OFFICE
APPLICATION FOR GhecK# i2i3
ONE-DAY LIOUOR LICENSE 47J5*VV
The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations
that serve liquor and charge either a cover charge or for each drink. Please fill in this form
completely and return to the Selectmen's Office along with a check for$25.00 made payable to the
Town of Lexington.
BUSINESS/FUNDRAISING ORGANIZATION: UiAyi(aj SWd�._
i
CONTACT NAME AND NUMBER: 5qniL k c
,O&V�v
ADDRESS FOR MAILING: (?U. �3n� SI`{ lx�,nnk�,1 e4 R C2.4dD
EMAIL ADDRESS:
TITLE/PURPOSE OF EVENT: F, .�,z,;,�/g„r,� ( ''A c-cHn.l IV,144 in a
LOCATION AND ADDRESS: io k''64rvl.,!',i
0
DATE OF FUNCTION:
TIMES OF FUNCTION:
TYPE OF LIQUOR TO BE SERVED:
DATE AND TIME WHEN LIQUOR DELNERED: 6Pt�I
DATE AND TIME WHEN LIQUOR REMOVED: Ic eH,
ADDITIONAL INFORMATION:
Authorized Signat-dre Federal Identification No. or
Social Security Number
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Use of Battle Green- LexFun! Halloween Parade
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.2
SUMMARY:
The annual LexFun! Halloween Parade is to be held on Saturday, October 26, 2019 from 10:00 a.m. to 11:30
a.m. Permission from the Board is requested for the purpose of parading around the Battle Green. The
proposed event has been reviewed and approved by the Police, Fire, and DPW staff, as well as the Special
Events Coordinator in the Town Manager's Office.
SUGGESTED MOTION:
Move to approve the consent.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
8/19/2019
ATTACHMENTS:
Description Type
11 4 i o"
r
1
fl 0
l I
U
1
2019 frrT
„4r
vXINGTON
11
r f 1
SELECTMEN'S OFFICE
I APPLICATION FOR
BATTLE GREEN PERMIT,
1'be Ekd o#"':"tl r»144 PKWM
-its far dw use offt Batde Cyan(see attached nP atiOn4
Pka fill i this rom compk ly=jd r tum to t �it Sckc ows t�ff� ► t tb two weeks mar
to dw
AW PHONE NUMBER,and EMAIL ADDRESS OF A RESPONSIBLE
Al
DATE AM TR�ffi OF EVENT:
NATURE OF EVENT:
EXPECTED NUUBER OF PARnCEPANM,SPFZrATORS,AM VEHICLES.
DURATION OF EVENT. �•�'`��"
ST'AT"EIAENT OF..,.QUIPNDENT"AND FACHIMS TO BE USED,
U*%A, c
SECTION OF THE GREEN DESIRED. A,
A DMONAL INFORMATION:
--------------
r �
"or FedaW Idenfification No,or
MOW
dial Security Number
! c;
TOWN OF LEXINGTON
Special Event Permit Application
Applicant and Sponsoring OrganUation Informatiao
Name of Organization/Sponsor. L ex, FV+�1, Non-Profit ❑Profit
Address: _�a �oX 1}4 City: LO$4�OA State.-MA' Zip: (? L�Z
Tax ID#: Applicant name: gar, L-0,
Phone: Email:
Web Site: lex i\ orq _..._
Event Manager. JVA r a 1 r"contact Info:
Other Contact persan/s: Contact Info:
Event Information
Event Type: ❑Run/Walk* ❑Rally Parade �School Event
QConcertFestival Elpolitical Event []Food Truck
Other(specify)
Event Title.-
Start Date&Time(s): 011 /,q 111nd Date&Times(s): Rain pate&Time(s):
Estimated Attendance: # 1000 Admission Fee: -F/.c-:5,
Open to the Public: 1.ZYes �No
ACK\4�'tya
Requested Location: �Depot Square Visitors Center Lawn [:]Hastings Park
Hastings Park Gazebo LITower Park ❑Battle Green
❑Street(specify):
❑Other(specify):
Set Up DaWTime: toh6 A5 7a� Break Down DatelTime:
*A route map is required at time oJsubmission for a walk/run
Even t Details
Please indicate whether the following items pertain to your event.
VES NO
0 0 Food Cwcession and/or Food Pmvamion
0 Or Please specify me".- 0 Propane Gas OEI=trio ()Ch=W OCAtered Other
0 Alcohol Requires aNrovalftom the Board of Selectmen
First
0 Aid'm facility d lit—
0 y(ics)aml Ambulance(s)
Banner(s)and/or Sin s)—requires pdor qprovd-5-ww� ► &tj/I r
0 SUX-et Clowre(s)
0 Amplified Sound-ffos please indicate&0"Tim End rjose,
The Town of LeriMton requires tho noise levels not exceed--- 10 or more decibels above the ambient noise between
0 8:00 p.nt and 7:00 a m, in a residential or conuwrckzl zone.
0 WiD your event have Fireworks?
W ill your event have animals? Ifya,0 spedfy,-
lights?Will your event mqulirc Ii ts? Ifso,spedfy kours,
Q 0 Will you set up taNc(s)and/or chair(s)? Appradmate number? ta 6 Qj
0 Fencing,Barn etfs)andlor Bamicade(s),Traffic Cones
0 Does your event require electricity*? Source:
0 Booth(s),Exhibigs),Display(s)and/or Encicwte(s)
0 Canopy(ties)and or Tent(s)-describe dimmlons.- co,
0 Scaffolding,Bleachcr(s),Platform(s),Grandstand(s)or dated structure(s)
0 Container(s)and/or Dumpster(s)
0 Toilets)—approximate nuntherIvendor:
0 ► Will you be holding a mffle at your event? Describe:
0 Vehicle(s)and/or T irluler(s)-appradmale number:
0 Sleeping Trail,, s)and/or other amommodations
0 St age s)-in4cate dimension.-
0 Entertainment-dewxlbe:
0 Amusement Rides-list and describe:
0 Inflatable Device(s)—fist and desM&-
Other Permits
Please note that all components of the event are Subject to approval by the Town Managers Office and may also require approval by
and/or permit(s)from other Town agencies and departments. It is the responsibility of the applicant to secure all nece&suy Towti of
Lexington permits,and to submit and payment required for permits.
lusurance Requirements
Evidence of Insurance will be required before final perm it approval. Please provide a Certificate of'insurance,which shows a
minimum of$1,000,OW.00 in Commercial General Liability Insurance and a Policy Endorsement,which indernnifies and holds
harmless the Town of Lexington,and all of its agencies and departments. The Town of Lexington shall be named as an additional
insured for the date/event. Some events may require a higher limit of insurance. Pct mittce must list the aforementioned pax-ties as
additional insured on their Certificate of Insurance. Each event is evaluated on its risk exposure.Any and all damages result-ng from
the event am the responsibility of the permlittee and the perm tree will work through designated staff to determine the most I
appropriate
means for repair. The Town of Lexington is not responsible for any accidents or damages to persons or property resulting firm the
issuance of diis permit.
Affidavit of Applicant
My signature below indicates that everything I have stated in this application is comxt to the best of my knowledge... I have read,
understand and agree to abide by the policies,rules and regulations of the Town of Lexington as they pertain to the requested usage.
The permk if grunted is not transferable and is revocable at any timeat the absolute di t'on scre 1 of the Town of Lexington Manageiris
Office(or designee). All programs and facilities of the Town of Lexington am open to all citizens regardless of race,,sex,age,color,
religion,national origin or disability.
I
Signature of Applicant:
Date- ol)4 A
2