HomeMy WebLinkAbout2019-10-21 BOS Packet - Released SELECTMEN'S MEETING
Monday, October 21, 2019
Town O ffc e 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. Greenways Corridor Committee Update 7:10 p.m.
2. Review of Protected Bike Lanes on Massachusetts Avenue 7:20 p.m.
3. Update on Quiet Communities Proposal 7:40 p.m.
4. Presentation- 2019 S TM Article 9 - LED Street Light Conversion 7:50 p.m.
5. Presentation- 2019 S T M Article 7 -Amend Zoning Bylaw and Map - 186 Bedford 8:00 p.m.
S treet
6. Presentation- 2019 S TM Article 5 -Amend Zoning Bylaw from CD-I District to 8:10 p.m.
C S X District- 7 Hartwell Avenue
7. 2019 Special Town Meeting-Article Positions/Discussion 8:20 p.m.
8. MPO Election Ballot 8:25 p.m.
9. Vote on Water and Sewer R ate s 8:3 0 p.m.
10. Review of F Y2021 Capital Projects List 8:40 p.m.
11. Grant of Location for Verizon Pole: Lincoln Street- Continuation of Hearing 8:55 p.m.
12. Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc 9:00 P.M.
Committee Update
13. Ad Hoc Crematory Study Committee Update 9:05 p.m.
14. Selectmen Committee Appointments 9:10 P.M.
CONSENT AGENDA
1. Approve Minutes
ADJOURN
1. Anticipated Adjournment 9:20 p.m.
A Joint Board of Selectmen, Planning Board, and Economic Development Advisory C o mmitte e
Meeting is scheduled for Thursday, October 24, 2019 at 7:00 p.m. in the Cafeteria, Samuel Hadley
Public Services Building, 201 Bedford Street.
A Joint Board of Selectmen and School Committee Meeting is scheduled for Tuesday, October 29,
2019 at 7:00 p.m. in the Cafeteria, Samuel Hadley Public Services Building, 201 Bedford Street.
A Summit I Meeting of the Board of Selectmen, School Committee,Appropriation Committee,
and Capital Expenditures Committee will be held on Wednesday, October 30, 2019 at 7:00 p.m. in
the Cafeteria, Samuel Hadley Public Services Building, 201 Bedford Street.
The next regularly scheduled meeting of the Board of Selectmen will be held on Monday,
November 4, 2019 at 7:00 p.m. in the Selectmen's Meeting Room, Town Office Building, 1625
Massachusetts Avenue.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and LeZfedia
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Greenways Corridor Committee Update
PRESENTER: ITEM
NUMBER:
Keith O hmart, Chair of the Greenways
Corridor Committee I.1
SUMMARY:
Keith O hmart, Greenways Corridor Committee Chair, will present a summary of significant accomplishments
from 2018 and 2019 of the committee's ongoing development work of ACROSS Lexington, The Rick
Abrams Memorial Trail Network, as well as a summary of the committee's Program Improvement Request
for the next budget year.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 7:10 p.m.
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Greenways Corridor Committee Presentation Summary
Lexington Select Board
October 21, 2019
1. Updates since last report:
• Completion of Route J connecting Liberty Heights Conservation Property
with Minuteman Commuter Bikeway and ACROSS Route C.
• Completion of Route L connecting Upper Vine Brook, Dunback Meadow,
Daisy Wilson Meadow Conservation properties, Minuteman Commuter
Bikeway and Tower Park with existing ACROSS Routes B and J.
• Supervision of boardwalk construction on existing ACROSS Route H on
Bridge School property by Eagle Scouts.
• Assumption of seasonal vegetation control of ACROSS route segments on
non-Conservation properties by Conservation Department due to addition of a
third summer intern.
• Growing support from property developers offering to provide financial
support for trail creation as a public benefit as part of the Special Permit
application process before the Planning Board:
- Jefferson Drive at Liberty Ridge (Grove Street)—up to $30K
- National Development's Waterstone at Lexington project- $30K
- Fairland Estates—offer to construct pedestrian path linking Fairland
Streets neighborhood to Lincoln Street at developer's expense
• Environmental Bond Bill earmark of$1 m to survey, design and construct a
handicapped accessible walking route connecting the Community Center via
Lexington Children's Place and Upper Vine Brook Conservation property to
Worthen Road creating a direct walking route for Lexington High School
students to reach the Community Center.
2. 2020 Proposed Projects:
• Create Route M connecting Hayden Woods and existing ACROSS Route H
with Dunback Meadow and existing ACROSS Route L.
• Create Route K connecting West Farm, Sutherland Woods and Liberty
Heights to existing Route J. Requesting assistance of Select Board to schedule
a meeting with the Town Manager and Town Staff to resolve the issue of
placing ACROSS route signs on Town parcel connecting Peacock Farm Road
with Sutherland Woods.
3. FY 2021 Program Improvement Request—Requesting the support of the Select
Board for the following budget:
Brochure updating and printing (15,000 copies) : $5000
Contingency amount for boundary surveying: $2500
Contingency amount for Conservation Commission $ 500
permit application expenses:
Updating of online map app: $ 500
Purchase of additional signs and hardware: $ 500
Total: $9000
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review of Protected Bike Lanes on Massachusetts Avenue
PRESENTER: ITEM
Ross Morrow, Assistant Town NUMBER:
Engineer and Matt Weisman,
Engineering Assistant I'2
SUMMARY:
Staff will provide an overview of the feedback and observations from the temporary bike lanes on
Massachusetts Avenue that were installed as part of the bikeway paving project.
SUGGESTED MOTION:
No motion needed.
FOLLOW-UP:
Staff will continue to research bike accommodations in this area.
DATE AND APPROXIMATE TIME ON AGENDA:
10/2 U2019 7:20 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Update on Quiet Communities Proposal
PRESENTER: ITEM
Jamie Executive Director- NUMBER:
Banks,
Quiet Communities, David
Pinsonneault Public Works Director I.3
SUMMARY:
Quiet Communities will present their final report on the use of electric grounds equipment in Lexington.
SUGGESTED MOTION:
No motion required.
FOLLOW-UP:
Staff will continue to work with Quiet Communities on electric grounds equipment.
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 7:40 p.m.
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Presentation- 2019 STM Article 9 - LED Street Light Conversion
PRESENTER: ITEM
NUMBER:
David Pinsonneault, Director of Public
Works I.4
SUMMARY:
Staff will provide an update on the proposed warrant article to switch the Town's streetlights from induction
lights to LED lights.
SUGGESTED MOTION:
No motion needed.
FOLLOW-UP:
Staff will present the article at the special town meeting in November 2019.
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 7:50 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Presentation- 2019 STM Article 7 - Amend Zoning Bylaw and Map - 186 Bedford Street
PRESENTER: ITEM
Ed Grant Of Counsel Nicholson NUMBER:
S reter& G ilgun, P.C.; Doug Hartnett,
Hi h o int EngineeringI.6
gp
SUMMARY:
Ed Grant, Nicholson, S reter& Gilgun, and Doug Hartnet, Highpoint Engineering, will provide an update on
STM 2019-1, Article - 7 Amend Zoning Bylaw and Map - 186 Bedford Street.
The Planning Board has requested that we include similar language in the M O A as in other M O A's related to
maintaining noise levels which would read, "T hat H VA C systems under full load will not exceed 5 d B A above
e s tab lis hed ambient noise levels."
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:00 p.m.
ATTACHMENTS:
Description Type
F) Presentation 186 Bedford Street Ba,(.,,kup Material
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RECEIVED
OCT 16� 2019
Town of Lexington SELECTMEN
31
PLANNING BOARD
;;ram .
' 1625 Massachusetts Avenue Bob Creech,Chair
Lexington,MA 02420 Charles Hornig,Vice-Chair
' Tel(781)698-4560 Bob Peters Clerk
APRIL t'91V planning_(cr�,lexin tonma.gov Richard L. Canale
www.lexingtonma.gov/planning Ginna Johnson
= Michael Leon,Associate
Board of Selectmen
Town of Lexington
October 7, 2019
At the Planning Board meeting on September 11, 2019, the Planning Board approved its Report
to Town Meeting on the rezoning proposal for 186 Bedford Street. One unresolved issue is the
noise threshold in the signed MOU.
Unlike recent MOUs for PDs near residential properties which have a night-time restriction of 5
dB above ambient conditions, this one does not. The Planning Board discussed this and the
Board authorized the Chair to ask that the Selectmen re-open the MOU to insert a provision
similar to the one in the Bridges,Artis, and Inn at Hastings Park MOUs.
Those three MOUs have the provision in which the property owners have voluntarily limited on-
site noise levels from stationary sources to 5 decibels above ambient from IOpm to 6am. The
MOUs all have this type of language included before Town Meeting approval. Mr. Ed Grant was
the Counsel for the Artis and Inn at Hastings Park rezonings.
The Waterstone PD does not have this provision because that project is not adjacent to residential
properties. The Hayden Ave PD is not adjacent to residences. The Brookhaven does not have
this provision because, as an expansion of an already CD zoning, other considerations were made
instead.
The Planning Board believes that the tradition of setting this night-time provision for commercial
expansion adjacent to residences should be continued. It should help alleviate the stated concerns
of adjacent residents and help alleviate residential concerns elsewhere in Town.
This is the MOU line item for Bridges that I have on file but you may want to look at the final
documents:
• That HVAC systems under full load will not exceed 5dBA above established ambient
noise levels
My apologies that this comes so close to STM 2019.
I will follow up with a phone call to Doug so that we can discuss.
Yours truly,
Bob Creech, Chair, Planning Board
ry
E
Common, SuUnds
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IDiscotheque/Boom, Box 'Ibreshold,of sensation begms around 120 dB
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Status r 1010wad) jiba
Slymphony OrchestraRegular exposure to sound over 100 dB of more the �
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Electric Purnace Arlea �a�✓�"'eT�rw�'M a"rven��rM��*�."�.1'."" ��'� Ll�,�4� Nmore than 15
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f recom,mended for sounds between 90-100 dB
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85 dB is the level at which hearuig
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Memorandum of Understanding("MOU")between 186 Bedford Street, LLC ("Owner") and the
Town of Lexington, Massachusetts ("Town")
For 186 Bedford Street, Lexington(the "Property")August_, 2019
I. Background
186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the Owner
purchased it from Eliot Community Health Services ("Eliot") in September 2018. The Property, a
1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a one story addition
built in 1969 (the "1969 Addition"), and a one story accessory building(the "Barn"), and contains
access driveways, surface parking areas, a garden, and landscape/hardscape improvements. The
Building and Barn are listed in the Lexington Cultural Resources Inventory and Massachusetts
Historical Commission database as structures with historical value.
The Owner has proposed to rezone the Property from the present RS One Family Dwelling District to
create a Planned Development District to allow for renovation and addition to the existing buildings
on the Property. The Owner plans to demolish the 1969 Addition,preserve and renovate the Building
and the Barn, construct a new addition to the Building(the "New Addition"), and implement
additional site improvements (the "Site Improvements"). The Owner proposes to use the Property as
a mixed-use residential and commercial development(the "Development") (together with the Site
Improvements, the "Project"). A residential component of the Development will include 13 one-
bedroom apartments, including four affordable housing units, all located on the second floor and attic
levels of the Building and the New Addition(the "Living Units"), resulting in a 30% affordable
housing commitment and allowing all 13 units to be counted toward the Town's affordable housing
inventory. The commercial component of the Development will be located on the ground floor of the
Building and New Addition, and will be used for the Owner's salon business and other businesses.
The Barn will be used as office space for management of the Owner's salon, the Property, and other
family businesses.
The Town, acting through the Lexington Town Meeting, is expected to consider, and may approve, a
Preliminary Site Development and Use Plan at the 2019 Fall Special Town Meeting for the PD-4
District in connection with the Project(the "PSDUP"). In the event that the Lexington Town Meeting
approves the PSDUP, this MOU between the Owner and the Town, acting by and through its Board
of Selectmen, sets forth certain additional mitigation measures to be completed or undertaken by the
Owner as part of the Project. This MOU supplements the obligations and commitments of the Owner
as established in the PSDUP. This MOU shall not negate the obligations and commitments of the
Owner in any other permit, certificate or approval issued, or which may later be issued,by the Town
in connection with the Project.
II. Traffic
A. Financial Contributions &Mitigation Measures
1. The Owner shall provide bicycle parking within the Project.
1
2. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall
make a one-time financial contribution of$30,000 to the Town, representing $2,000
per parking space being added by the Project over the existing number of spaces
currently located on the Property. This payment is intended to provide the Town
funding for transportation and transportation demand management improvements,
including but not limited to sidewalk and crosswalk improvements. All payments
shall be made through the Planning Office, attention to the Assistant Town Manager
for Land Use, Health and Development.
3. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall
contribute an additional $20,000 for transportation demand management
improvements, including but not limited to a proposed bus shelter or other
improvements in the vicinity of the Project, and$2,500 toward public improvements
at Garfield Park.
B. TDM Obligations. The Owner agrees to implement the transportation demand management
policies, measures and improvements ("TDM Measures") associated with the Project in
accordance with the Traffic Impact Study prepared by MDM Transportation Consultants,
dated December 17, 2018 in connection with the Project. In addition, the Owner agrees to:
1. Restrict on-site residential parking to one space per apartment, to be enforced by the
Owner via lease restrictions.
2. Provide offsite parking for employees in the event additional parking is required
during peak periods of use.
III. Affordable Housing Commitment within Project
A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4) of the
thirteen (13) Living Units as affordable "Local Action Units" certified under the
Massachusetts Department of Housing & Community Development's ("DHCD") Local
Initiative Program(the "Affordable Units") as regulated through a recorded Regulatory
Agreement and meeting all price and income eligibility criteria to be eligible for inclusion on
the Town's Subsidized Housing Inventory. All Affordable Units shall be identified on the
plans and situated within the Project so as not to be in a less desirable location than the
market rate units and shall be spread evenly throughout the Project. The Affordable Units
shall be integrated into the rest of the Project and shall be compatible in size, design,
appearance, construction, and quality of materials with the market rate units, with equal
access to parking and other amenities.
B. The Owner shall, at its sole expense,undertake a lottery and implement an Affirmative Fair
Housing Marketing Plan(the "Marketing Plan")to solicit interest for the occupancy of the
Affordable Units in accordance with applicable DHCD procedures then in effect. The lottery
and the Marketing Plan shall be conducted by a DHCD-approved agency. If the occupancy is
phased, the lottery shall be conducted before the sixth Certificate of Occupancy for the
Project is issued. To the maximum extent permitted by law, preference for the occupancy of
at least 70% of the Affordable Units shall be given to residents of the Town claiming a local
preference.
2
C. Consistent with the terms and conditions established in this section, the Owner and the Town,
subject to DHCD's review and approval, shall draft and execute a binding, recordable
affordable housing agreement that will detail the protocol for the marketing, leasing,
management and oversight of the Affordable Units.
D. The Owner shall submit a proposed Local Action Unit("LAU") application, including a draft
Regulatory Agreement AFHMP and Monitoring Agreement,to the Town at the same time as
it submits its Site Plan Review application to the Planning Board. The Town and DHCD shall
jointly serve as Monitoring Agents for the LAU. The Owner shall reimburse the Town for
any monitoring fees incurred as Monitoring Agent.
E. The Owner shall submit a final, signed LAU application to DHCD within 90 days of the
Planning Board's determination on the Site Plan. Prior to the issuance of any building permits
for the Project: (a)the Owner and the Town shall execute and the Owner shall record a
Regulatory Agreement at the Middlesex South Registry of Deeds, and(b)the Owner shall
submit three (3) and one (1) electronic sets of final approved plans from DHCD, stamped by
a professional engineer, to the Town's Planning Office,together with a narrative indicating
any changes from plans previously approved by the Planning Board through the Site Plan
Review process. If the Building Commissioner determines that there are any substantial
changes between the plans approved by the Planning Board and the plans approved by
DHCD, the Planning Board shall review the DHCD-approved plans.
F. It is the present intention of the Owner to complete all of the residential units at the same
time. In the event the units are not available at substantially the same time, Certificates of
Occupancy for the Affordable Units shall be issued such that for every four dwelling units
completed, one dwelling unit shall be an Affordable Unit. The last Certificate of Occupancy
issued for the Project shall be for a market rate unit.
IV. Access and Utility Easements
A. The Owner shall provide a screen gate at the emergency egress driveway proposed for the
Project using comparable materials to the existing or new fence along Reed Street to screen
views and discourage onstreet parking.
V. Noise Testing &Abatement
A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the
Town's General Bylaws. In its Site Plan Review application(s) for the Project,the Owner and
its acoustic consultant will submit a testing protocol to be used to establish ambient noise
levels. These ambient noise levels will be used to determine compliance with the Noise
Control Bylaw. This protocol shall also be used in the event of future noise complaints to
establish compliance with the Noise Control Bylaw. The Town may hire, at the Owner's
expense, an acoustic peer review consultant to review the testing protocol.
B. If the Town receives any noise complaints for the Project, or if the Owner makes future
improvements to the Project, the Owner shall demonstrate to the Town its compliance with
the Noise Control Bylaw. The Town may hire, at the Owner's expense, a third-party acoustic
consultant to review said compliance.
3
C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the Project
between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M. until to 8 A.M. on
weekends and holidays.
1
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VI. Sustainability
A. The Project will consider and where appropriate , incorporate sustainable design measures
into the proposed buildings and site improvements consistent with the U.S. Green Building
Council-Leadership in Energy and Environmental Design [LEED] initiatives Building
Design and Construction [BD+C], and the Lexington Sustainable Action Plan/Zero Net
Energy Policy,which encourages residents and businesses to reduce energy consumption and
carbon emissions through innovative design, while still meeting the energy needs of the
owner and community. The design team will refer to the LEED v4.1 BD+C Credit Rating
System and LEED Checklist during schematic design,with the goal of accumulating enough
credits to warrant a potential LEED Silver rating. See Environmental Impact and
Infrastructure by Highpoint Engineering, Section VI. Sustainable Design,pages 6-7, filed as
part of the refiled PSDUP of June 6, 2019, and is incorporated by reference.
VII. Consumer Price Index Adjustment
A. The Owner anticipates commencing construction of the Site Improvements not later than the
summer of 2021. However, in the event commencement of construction of the Site
Improvements is delayed, Owner agrees that, any payments required under this MOU that are
made after January 1, 2023 shall be increased by the Consumer Price Index for all Urban
Consumers, BostonCambridge-Newton, published by the Bureau of Labor Statistics, U.S.
Department of Labor(CPI-U) for the previous calendar year(s); provided, however, that these
figures shall never be reduced below the base established herein. The first such adjustment, if
applicable, shall be completed on the initial CPI-U Adjustment Date based on changes in
CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to
publish the CPI-U in its present form and calculated on the present basis, a comparable index
or an index reflecting changes in prices determined in a similar manner shall reasonably be
designated by the Town in substitution therefor. The CPI-U for any year relevant to the
application of this definition shall be that published by the Bureau of Labor Statistics for such
previous calendar year.
VIII. Other Commitments
A. The Owner further agrees as follows:
1. The Owner shall preserve and renovate the Building and Barn that were originally
built on the property.
2. Short term rentals, (i.e. Airbnb, VRBO, Homeaway, or other similar short-term rental
uses), shall be prohibited on the property and enforced by the Owner via lease
restriction.
4
3. The Barn shall not be used for real estate sales or rental as a principal use; provided,
however, that this limitation shall not prohibit use of the Barn to provide leasing and
management services for the Project.
4. Business or professional office uses shall not on their own or collectively exceed 25%
of the commercial space of the New Addition.
5. Consistent with Lexington sustainability objectives, the design of the Project will
follow LEED Silver standards established by the U.S. Green Building Council,
with a focus on sustainability and environmental air quality.
6. Initial heating and air conditioning design will utilize electric air source heat
pumps or a combination of high efficiency natural gas heat with air source heat
pumps for air conditioning, depending on projected operating costs and
engineering requirements. Consistent with Lexington sustainability objectives,
preference will be given to all electric air source heat pumps to the extent that is
able to provide comfort and economy.
7. Initially, two to four electric vehicle charging stations will be installed, with
capacity to add additional stations. Owner will take advantage of available
sustainability programs.
8. The Owner shall,upon request, make a meeting room in the Barn available for
Precinct 8 community meetings during non-business hours.
IX. Miscellaneous
A. Binding Effect.
1. This MOU shall run with the Property as an encumbrance and shall bind and inure to
the benefit of the Owner and its successors and assigns as owners of the Property for
as long as use of the Property is subject to the PSDUP. The Town and the Owner
agree that the Developer may transfer all, a portion of, or an interest in the Project to
a new entity provided that any new entity acknowledges that:
a) This MOU shall run with title to each portion of or interest in the Project and
shall be binding upon any entity with an ownership interest in the Property,
and each of its successors or assigns as to the obligations which arise under
this MOU during their respective periods of ownership of the Property,
provided that each predecessor-in-title shall be forever released from this
MOU upon procuring a written acknowledgment from its immediate
successor, addressed to the Town, acknowledging and agreeing that such
successor-in-title is bound by the terms of this MOU and that this MOU shall
be enforceable against such successor by the Board of Selectmen with respect
to such successor's portion(s) of the Property; and
5
b) The obligations created hereunder shall not be treated as assumed by any new
entity, and no prior entity shall be released from such obligations,until such
notice is delivered to the Town.
2. This MOU may be enforced by any remedy provided at law or in equity. This MOU
and the Lexington Zoning Bylaw("Bylaw"), as modified by the PSDUP, shall be
construed in such a way as to reasonably harmonize any conflicting provisions,but in
the event of any irreconcilable conflict between this MOU and the Bylaw as so
modified, the Bylaw as so modified shall control, subject to the provisions of any
applicable State or Federal law.
3. The Owner shall,prior to applying for a building permit for construction of the
Project, promptly record a Notice of this MOU with the Middlesex South Registry of
Deeds and furnish proof of the recorded notice to the Building Commissioner's
Office, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and
to the Conservation Administrator, Town of Lexington, 1625 Massachusetts Avenue,
Lexington, MA 02420.
B. Owner's Existence and Authority. The Owner represents that it is a Massachusetts Limited
Liability Company duly formed, validly existing, in good standing and duly registered to do
business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally
binding obligation of the Owner, enforceable against Owner in accordance with its terms, and
neither the execution, delivery or performance of this MOU nor compliance herewith
conflicts with or will conflict with or results or will result in a breach of or constitutes or will
constitute a default under(1) the organization documents of the Owner, (ii) any law or any
order, writ, injunction or decree of any court or governmental authority, or(iii) any
agreement or instrument to which Owner is a party by which it is bound.
C. Cooperation. The Owner hereby agrees to cooperate with the Town on an ongoing basis to
implement this MOU.
D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any term or
provision of this MOU shall not constitute a default under this MOU unless and until the
defaulting party fails to commence to cure, correct or remedy such failure within fifteen days
of receipt of written notice of such failure from the other party and thereafter fails to
complete such cure, correction, or remedy within sixty days of the receipt of such written
notice, or,with respect to defaults that cannot reasonably be cured, corrected or remedied
within such sixty-day period, within such additional period of time as is reasonably required
to remedy such default,provided the defaulting party exercises due diligence in the
remedying of such default. Notwithstanding the foregoing, the Owner shall cure any
monetary default hereunder within thirty days following the receipt of written notice of such
default from the Town.
E. Time is of the Essence. Time shall be the essence for this MOU. Any reference in this MOU
to the time for the performance of obligations or elapsed time shall mean consecutive
calendar days,months, or years, as applicable. As used in this MOU, the term "Business
Day" shall mean any day other than a Saturday, Sunday, recognized federal holiday or
recognized state holiday in the Commonwealth of Massachusetts. If the last date for
performance by either party under this MOU occurs on a Saturday, Sunday, or recognized
6
federal or state holiday in the Commonwealth of Massachusetts,then the last date for such
performance shall be extended to the next occurring Business Day.
F. Permitting. The execution and delivery of this MOU does not constitute an agreement by the
Town that any necessary permit or approval for the Project will in fact be granted, including,
without limitation, approval of the PSDUP by the Lexington Town Meeting or issuance of
any permit, certificate or approval for the Project. The execution of this MOU shall be
incorporated into and made a condition of the PSDUP.
G. Effective Date. This MOU shall become binding when all permits necessary for the Project,
including the PSDUP and any Special Permits, Site Plan Approvals and Order of Conditions
for the Project, are effective and the Owner has notified the Town in writing of its intention
to proceed with construction of the Project(the "Effective Date"). In the event that(i)the
changes to the Zoning Bylaw effectuating the PSDUP are disapproved by the Massachusetts
Attorney General or a court of competent jurisdiction, (ii)the Owner fails to obtain or
maintain any permit, certificate, or approval necessary for the Project or(iii)the Owner
chooses not to proceed with the construction of the Project and notifies the Town
accordingly, this MOU shall be null and void.
H. Amendment of MOU. This MOU may not be amended, modified or terminated except by a
written instrument executed by Owner or a successor owner and by the Board of Selectmen.
I. Enforcement; No Waiver. The failure of the Town or the Owner to enforce this MOU shall
not be deemed a waiver of the Town or the Owner's right to do so thereafter.
J. Severability. The invalidity of any provisions of this MOU as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof. If any
provision of this MOU or its applicability to any person or circumstances shall be held
invalid, the remainder thereof, or the application to other persons shall not be affected.
K. Applicable Law. This MOU shall be governed by and according to the laws of the
Commonwealth of Massachusetts, as amended from time to time. Any action brought by the
Town hereunder may be brought in the Land Court or the Superior Court in and for the
County of Middlesex, and the Owner hereby agrees to the jurisdiction of such court.
7
Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Douglas Lucente, Chairperson Joseph N. Pato
Jill Hai Mark Sandeen
Suzanne E. Barry
OWNER:
186 Bedford Street, LLC,
a Massachusetts limited liability company
By:
8
Memorandum of Understanding("MOU")between 186 Bedford Street, LLC ("Owner") and the
Town of Lexington, Massachusetts ("Town")
For 186 Bedford Street, Lexington(the "Property")August_, 2019
I. Background
186 Bedford Street, LLC is the owner of the Property. The Property was vacant when the Owner
purchased it from Eliot Community Health Services ("Eliot") in September 2018. The Property, a
1.36-acre lot, currently houses a 2.5 story commercial building (the "Building"), a one story addition
built in 1969 (the "1969 Addition"), and a one story accessory building(the "Barn"), and contains
access driveways, surface parking areas, a garden, and landscape/hardscape improvements. The
Building and Barn are listed in the Lexington Cultural Resources Inventory and Massachusetts
Historical Commission database as structures with historical value.
The Owner has proposed to rezone the Property from the present RS One Family Dwelling District to
create a Planned Development District to allow for renovation and addition to the existing buildings
on the Property. The Owner plans to demolish the 1969 Addition,preserve and renovate the Building
and the Barn, construct a new addition to the Building(the "New Addition"), and implement
additional site improvements (the "Site Improvements"). The Owner proposes to use the Property as
a mixed-use residential and commercial development(the "Development") (together with the Site
Improvements, the "Project"). A residential component of the Development will include 13 one-
bedroom apartments, including four affordable housing units, all located on the second floor and attic
levels of the Building and the New Addition(the "Living Units"), resulting in a 30% affordable
housing commitment and allowing all 13 units to be counted toward the Town's affordable housing
inventory. The commercial component of the Development will be located on the ground floor of the
Building and New Addition, and will be used for the Owner's salon business and other businesses.
The Barn will be used as office space for management of the Owner's salon, the Property, and other
family businesses.
The Town, acting through the Lexington Town Meeting, is expected to consider, and may approve, a
Preliminary Site Development and Use Plan at the 2019 Fall Special Town Meeting for the PD-4
District in connection with the Project(the "PSDUP"). In the event that the Lexington Town Meeting
approves the PSDUP, this MOU between the Owner and the Town, acting by and through its Board
of Selectmen, sets forth certain additional mitigation measures to be completed or undertaken by the
Owner as part of the Project. This MOU supplements the obligations and commitments of the Owner
as established in the PSDUP. This MOU shall not negate the obligations and commitments of the
Owner in any other permit, certificate or approval issued, or which may later be issued,by the Town
in connection with the Project.
II. Traffic
A. Financial Contributions &Mitigation Measures
1. The Owner shall provide bicycle parking within the Project.
1
2. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall
make a one-time financial contribution of$30,000 to the Town, representing $2,000
per parking space being added by the Project over the existing number of spaces
currently located on the Property. This payment is intended to provide the Town
funding for transportation and transportation demand management improvements,
including but not limited to sidewalk and crosswalk improvements. All payments
shall be made through the Planning Office, attention to the Assistant Town Manager
for Land Use, Health and Development.
3. Prior to the issuance of a Certificate of Occupancy for the Project, the Owner shall
contribute an additional $20,000 for transportation demand management
improvements, including but not limited to a proposed bus shelter or other
improvements in the vicinity of the Project, and$2,500 toward public improvements
at Garfield Park.
B. TDM Obligations. The Owner agrees to implement the transportation demand management
policies, measures and improvements ("TDM Measures") associated with the Project in
accordance with the Traffic Impact Study prepared by MDM Transportation Consultants,
dated December 17, 2018 in connection with the Project. In addition, the Owner agrees to:
1. Restrict on-site residential parking to one space per apartment, to be enforced by the
Owner via lease restrictions.
2. Provide offsite parking for employees in the event additional parking is required
during peak periods of use.
III. Affordable Housing Commitment within Project
A. The Owner agrees to establish and maintain in perpetuity a minimum of four(4) of the
thirteen (13) Living Units as affordable "Local Action Units" certified under the
Massachusetts Department of Housing & Community Development's ("DHCD") Local
Initiative Program(the "Affordable Units") as regulated through a recorded Regulatory
Agreement and meeting all price and income eligibility criteria to be eligible for inclusion on
the Town's Subsidized Housing Inventory. All Affordable Units shall be identified on the
plans and situated within the Project so as not to be in a less desirable location than the
market rate units and shall be spread evenly throughout the Project. The Affordable Units
shall be integrated into the rest of the Project and shall be compatible in size, design,
appearance, construction, and quality of materials with the market rate units, with equal
access to parking and other amenities.
B. The Owner shall, at its sole expense,undertake a lottery and implement an Affirmative Fair
Housing Marketing Plan(the "Marketing Plan")to solicit interest for the occupancy of the
Affordable Units in accordance with applicable DHCD procedures then in effect. The lottery
and the Marketing Plan shall be conducted by a DHCD-approved agency. If the occupancy is
phased, the lottery shall be conducted before the sixth Certificate of Occupancy for the
Project is issued. To the maximum extent permitted by law, preference for the occupancy of
at least 70% of the Affordable Units shall be given to residents of the Town claiming a local
preference.
2
C. Consistent with the terms and conditions established in this section, the Owner and the Town,
subject to DHCD's review and approval, shall draft and execute a binding, recordable
affordable housing agreement that will detail the protocol for the marketing, leasing,
management and oversight of the Affordable Units.
D. The Owner shall submit a proposed Local Action Unit("LAU") application, including a draft
Regulatory Agreement AFHMP and Monitoring Agreement,to the Town at the same time as
it submits its Site Plan Review application to the Planning Board. The Town and DHCD shall
jointly serve as Monitoring Agents for the LAU. The Owner shall reimburse the Town for
any monitoring fees incurred as Monitoring Agent.
E. The Owner shall submit a final, signed LAU application to DHCD within 90 days of the
Planning Board's determination on the Site Plan. Prior to the issuance of any building permits
for the Project: (a)the Owner and the Town shall execute and the Owner shall record a
Regulatory Agreement at the Middlesex South Registry of Deeds, and(b)the Owner shall
submit three (3) and one (1) electronic sets of final approved plans from DHCD, stamped by
a professional engineer, to the Town's Planning Office,together with a narrative indicating
any changes from plans previously approved by the Planning Board through the Site Plan
Review process. If the Building Commissioner determines that there are any substantial
changes between the plans approved by the Planning Board and the plans approved by
DHCD, the Planning Board shall review the DHCD-approved plans.
F. It is the present intention of the Owner to complete all of the residential units at the same
time. In the event the units are not available at substantially the same time, Certificates of
Occupancy for the Affordable Units shall be issued such that for every four dwelling units
completed, one dwelling unit shall be an Affordable Unit. The last Certificate of Occupancy
issued for the Project shall be for a market rate unit.
IV. Access and Utility Easements
A. The Owner shall provide a screen gate at the emergency egress driveway proposed for the
Project using comparable materials to the existing or new fence along Reed Street to screen
views and discourage onstreet parking.
V. Noise Testing &Abatement
A. The Owner agrees to comply with the Town's Noise Control Bylaw, Chapter 80 of the
Town's General Bylaws. In its Site Plan Review application(s) for the Project,the Owner and
its acoustic consultant will submit a testing protocol to be used to establish ambient noise
levels. These ambient noise levels will be used to determine compliance with the Noise
Control Bylaw. This protocol shall also be used in the event of future noise complaints to
establish compliance with the Noise Control Bylaw. The Town may hire, at the Owner's
expense, an acoustic peer review consultant to review the testing protocol.
B. If the Town receives any noise complaints for the Project, or if the Owner makes future
improvements to the Project, the Owner shall demonstrate to the Town its compliance with
the Noise Control Bylaw. The Town may hire, at the Owner's expense, a third-party acoustic
consultant to review said compliance.
3
C. Upon occupancy of the Project, the Owner agrees to prohibit deliveries to the Project
between the hours of 7 P.M. until 7 A.M. on weekdays and from 7 P.M. until to 8 A.M. on
weekends and holidays.
D. That HVAC systems under full load will not exceed SdBA above established ambient noise
levels at the property lines.
VI. Sustainability
A. The Project will consider and where appropriate , incorporate sustainable design measures
into the proposed buildings and site improvements consistent with the U.S. Green Building
Council-Leadership in Energy and Environmental Design [LEED] initiatives Building
Design and Construction [BD+C], and the Lexington Sustainable Action Plan/Zero Net
Energy Policy, which encourages residents and businesses to reduce energy consumption and
carbon emissions through innovative design, while still meeting the energy needs of the
owner and community. The design team will refer to the LEED v4.1 BD+C Credit Rating
System and LEED Checklist during schematic design, with the goal of accumulating enough
credits to warrant a potential LEED Silver rating. See Environmental Impact and
Infrastructure by Highpoint Engineering, Section VI. Sustainable Design,pages 6-7, filed as
part of the refiled PSDUP of June 6, 2019, and is incorporated by reference.
VII. Consumer Price Index Adjustment
A. The Owner anticipates commencing construction of the Site Improvements not later than the
summer of 2021. However, in the event commencement of construction of the Site
Improvements is delayed, Owner agrees that, any payments required under this MOU that are
made after January 1, 2023 shall be increased by the Consumer Price Index for all Urban
Consumers, B o stonCambridge-Newton, published by the Bureau of Labor Statistics,U.S.
Department of Labor(CPI-U) for the previous calendar year(s); provided, however, that these
figures shall never be reduced below the base established herein. The first such adjustment, if
applicable, shall be completed on the initial CPI-U Adjustment Date based on changes in
CPI-U for the preceding calendar year. If the Bureau of Labor Statistics should cease to
publish the CPI-U in its present form and calculated on the present basis, a comparable index
or an index reflecting changes in prices determined in a similar manner shall reasonably be
designated by the Town in substitution therefor. The CPI-U for any year relevant to the
application of this definition shall be that published by the Bureau of Labor Statistics for such
previous calendar year.
VIII. Other Commitments
A. The Owner further agrees as follows:
1. The Owner shall preserve and renovate the Building and Barn that were originally
built on the property.
2. Short term rentals, (i.e. Airbnb, VRBO, Homeaway, or other similar short-term rental
uses), shall be prohibited on the property and enforced by the Owner via lease
restriction.
4
3. The Barn shall not be used for real estate sales or rental as a principal use; provided,
however, that this limitation shall not prohibit use of the Barn to provide leasing and
management services for the Project.
4. Business or professional office uses shall not on their own or collectively exceed 25%
of the commercial space of the New Addition.
5. Consistent with Lexington sustainability objectives, the design of the Project will
follow LEED Silver standards established by the U.S. Green Building Council,
with a focus on sustainability and environmental air quality.
6. Initial heating and air conditioning design will utilize electric air source heat
pumps or a combination of high efficiency natural gas heat with air source heat
pumps for air conditioning, depending on projected operating costs and
engineering requirements. Consistent with Lexington sustainability objectives,
preference will be given to all electric air source heat pumps to the extent that is
able to provide comfort and economy.
7. Initially, two to four electric vehicle charging stations will be installed, with
capacity to add additional stations. Owner will take advantage of available
sustainability programs.
8. The Owner shall,upon request, make a meeting room in the Barn available for
Precinct 8 community meetings during non-business hours.
Ix. Miscellaneous
A. Binding Effect.
1. This MOU shall run with the Property as an encumbrance and shall bind and inure to
the benefit of the Owner and its successors and assigns as owners of the Property for
as long as use of the Property is subject to the PSDUP. The Town and the Owner
agree that the Developer may transfer all, a portion of, or an interest in the Project to
a new entity provided that any new entity acknowledges that:
a) This MOU shall run with title to each portion of or interest in the Project and
shall be binding upon any entity with an ownership interest in the Property,
and each of its successors or assigns as to the obligations which arise under
this MOU during their respective periods of ownership of the Property,
provided that each predecessor-in-title shall be forever released from this
MOU upon procuring a written acknowledgment from its immediate
successor, addressed to the Town, acknowledging and agreeing that such
successor-in-title is bound by the terms of this MOU and that this MOU shall
be enforceable against such successor by the Board of Selectmen with respect
to such successor's portion(s) of the Property; and
5
b) The obligations created hereunder shall not be treated as assumed by any new
entity, and no prior entity shall be released from such obligations,until such
notice is delivered to the Town.
2. This MOU may be enforced by any remedy provided at law or in equity. This MOU
and the Lexington Zoning Bylaw("Bylaw"), as modified by the PSDUP, shall be
construed in such a way as to reasonably harmonize any conflicting provisions,but in
the event of any irreconcilable conflict between this MOU and the Bylaw as so
modified, the Bylaw as so modified shall control, subject to the provisions of any
applicable State or Federal law.
3. The Owner shall,prior to applying for a building permit for construction of the
Project, promptly record a Notice of this MOU with the Middlesex South Registry of
Deeds and furnish proof of the recorded notice to the Building Commissioner's
Office, Town of Lexington, 1625 Massachusetts Avenue, Lexington, MA 02420 and
to the Conservation Administrator, Town of Lexington, 1625 Massachusetts Avenue,
Lexington, MA 02420.
B. Owner's Existence and Authority. The Owner represents that it is a Massachusetts Limited
Liability Company duly formed, validly existing, in good standing and duly registered to do
business in the Commonwealth of Massachusetts. This MOU constitutes a valid and legally
binding obligation of the Owner, enforceable against Owner in accordance with its terms, and
neither the execution, delivery or performance of this MOU nor compliance herewith
conflicts with or will conflict with or results or will result in a breach of or constitutes or will
constitute a default under(1) the organization documents of the Owner, (ii) any law or any
order, writ, injunction or decree of any court or governmental authority, or(iii) any
agreement or instrument to which Owner is a party by which it is bound.
C. Cooperation. The Owner hereby agrees to cooperate with the Town on an ongoing basis to
implement this MOU.
D. Default; Opportunity to Cure. Failure by either party to this MOU to perform any term or
provision of this MOU shall not constitute a default under this MOU unless and until the
defaulting party fails to commence to cure, correct or remedy such failure within fifteen days
of receipt of written notice of such failure from the other party and thereafter fails to
complete such cure, correction, or remedy within sixty days of the receipt of such written
notice, or,with respect to defaults that cannot reasonably be cured, corrected or remedied
within such sixty-day period, within such additional period of time as is reasonably required
to remedy such default,provided the defaulting party exercises due diligence in the
remedying of such default. Notwithstanding the foregoing,the Owner shall cure any
monetary default hereunder within thirty days following the receipt of written notice of such
default from the Town.
E. Time is of the Essence. Time shall be the essence for this MOU. Any reference in this MOU
to the time for the performance of obligations or elapsed time shall mean consecutive
calendar days,months, or years, as applicable. As used in this MOU, the term "Business
Day" shall mean any day other than a Saturday, Sunday, recognized federal holiday or
recognized state holiday in the Commonwealth of Massachusetts. If the last date for
performance by either party under this MOU occurs on a Saturday, Sunday, or recognized
6
federal or state holiday in the Commonwealth of Massachusetts,then the last date for such
performance shall be extended to the next occurring Business Day.
F. Permitting. The execution and delivery of this MOU does not constitute an agreement by the
Town that any necessary permit or approval for the Project will in fact be granted, including,
without limitation, approval of the PSDUP by the Lexington Town Meeting or issuance of
any permit, certificate or approval for the Project. The execution of this MOU shall be
incorporated into and made a condition of the PSDUP.
G. Effective Date. This MOU shall become binding when all permits necessary for the Project,
including the PSDUP and any Special Permits, Site Plan Approvals and Order of Conditions
for the Project, are effective and the Owner has notified the Town in writing of its intention
to proceed with construction of the Project(the "Effective Date"). In the event that(i) the
changes to the Zoning Bylaw effectuating the PSDUP are disapproved by the Massachusetts
Attorney General or a court of competent jurisdiction, (ii)the Owner fails to obtain or
maintain any permit, certificate, or approval necessary for the Project or(iii)the Owner
chooses not to proceed with the construction of the Project and notifies the Town
accordingly, this MOU shall be null and void.
H. Amendment of MOU. This MOU may not be amended, modified or terminated except by a
written instrument executed by Owner or a successor owner and by the Board of Selectmen.
I. Enforcement; No Waiver. The failure of the Town or the Owner to enforce this MOU shall
not be deemed a waiver of the Town or the Owner's right to do so thereafter.
J. Severability. The invalidity of any provisions of this MOU as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof. If any
provision of this MOU or its applicability to any person or circumstances shall be held
invalid, the remainder thereof, or the application to other persons shall not be affected.
K. Applicable Law. This MOU shall be governed by and according to the laws of the
Commonwealth of Massachusetts, as amended from time to time. Any action brought by the
Town hereunder may be brought in the Land Court or the Superior Court in and for the
County of Middlesex, and the Owner hereby agrees to the jurisdiction of such court.
7
Executed under seal as of the date first set forth above.
TOWN OF LEXINGTON
BOARD OF SELECTMEN
Douglas Lucente, Chairperson Joseph N. Pato
Jill Hai Mark Sandeen
Suzanne E. Barry
OWNER:
186 Bedford Street, LLC,
a Massachusetts limited liability company
By:
8
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Presentation- 2019 STM Article 5 - Amend Zoning Bylaw from CD-1 District to C SX
District - 7 Hartwell Avenue
PRESENTER:TER• ITEM
S
NUMBER:
Kristine Hung, R iemer Braunstein
I.5
SUMMARY:
Kristine Hung of Riemer Braunstein will provide an update on STM 2019-1, Article 5 - Petition for Change
of Zoning District and Zoning Map 7 Hartwell Ave.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:10 p.m.
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
2019 Special Town Meeting- Article Positions/Discussion
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.7
SUMMARY:
Board discussion regarding 2019 Special Town Meeting
• Article Discussions
o Including brief update from Carolyn Kosnoff,Assistant Town Manager for Finance regarding Article
3 -Appropriate To and From Specified S tab ilizatio n Funds and Article 4 -Amend F Y2020
Operating, Enterprise, Revolving and CPA Budgets
• Article Positions
SUGGESTED MOTION:
N/A
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:20 p.m.
ATTACHMENTS:
Description Type
FY2020 Budget Adjustments for Fall 2019 Special Town Meeting
FY2020 Revenue Adjustments
Revenue Category From To Change
Table 1 New Growth 2,500f000 31500,000 1 000 000 Anticipated approved value from Dept. of Revenue.
Table 2 State Aid-Chapter 70 14,3641684 14 438 034 73,350 Increase in State Aid based on approved State budget.
Table s Revenue Offsets-Snow $ (400,000) $ - $ 400,000 The FY2019 expenses for snow and ice were within budget,
Deficit therefore no FY2020 revenue is needed.
Revenue Set-Aside- $ 182,705 Tax levy capacity not appropriated in FY2020 budget.
Unallocated
A. Total Additional Revenue $ 1656,055
Amend FY2020 Operating Budget
Article 4-2019-1 STM From To Change
Property&Liability
2210 Insurance $ 882,304 $ 912,304 $ 30,000 Appropriate for Cyber Secruity Insurance.
Town Manager Personal This adjustment is to fund a new Sustainability Director staff
8200 Services $ 6911484 $ 734,484 $ 43,000 position.Amount pro-rated for half the year,assuming hire in
January 2020.
Art. 3 Capital Stabilization $ 11536,759 $ 21298,631 $ 761,872 Transfer surplus revenue into the Capital Stabilization Fund.
Fund
B. Total Operating Budget Amendments $ 834,872
Capital Requests
Article Project Title Change
9 LED Street Light Conversion 821,183 lProposed funding for Article 9 at Fall 2019 STM.
C. Total Capital Requests-Funded from Tax Levy $ 821,183
Total Amendments-General Fund Sources(B,+ ) $ i 6561055
.
Amend FY2020 Water/Sewer Enterprise Funds
Article 4-2019-1 STM From To Change
3620 MWRA Water $ 71414,724 $ 71413,364 $ (1,360) Adjustment for final MWRA assessment.
Assessment
3720 MWRA Wastewater $ 71923,398 $ 71851,947 $ (71,451) Adjustment for final MWRA assessment.
Assessment
Total Enterprise Fund Amendments $ (72,811)
Appropriate To and From Specified Stabilization Funds
Article 3-2019-1 STM Amount
Traffic Mitigation Stabilization Fund $ 280,000.00 One-time payment for traffic mitigation from King St. properties
for traffic mitigation at Hayden Ave.
Capital Stabilization Fund $ 761,872.00 Transfer surplus revenue into the Capital Stabilization Fund.
Transportation Demand Management/Public Transportation $ 332,249.33 Transfer into TDM Stabilization Fund. Includes a one-time
Stabilization Fund payment of$280,690 from King St. Properties for mitigation at
Hayden Ave.
Total Specified Stabilization Funds $ 1,3741,121.33
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
MPO Election Ballot
PRESENTER: ITEM
NUMBER:
Doug Lucente, Chair
I.8
SUMMARY:
The Metropolitan Planning Organization(MPO) Municipal Elections are being held on Wednesday, November
6, 2019 at the MAPC Fall Council Meeting at 9:00 AM. Absentee Ballots are due November 5, 2019 or the
Chairman can designate someone to vote in his place.
There are four municipal seats open, three of which are unopposed. The Town of Ashland and the City of
Framingham are running for the Metro West Regional Collaborative (MetroWest) Sub-region seat.
The Board is being asked to choose one of the candidates for MetroWest Subregion seat and authorize the
Chairman to sign the Absentee Ballot for the MPO election.
SUGGESTED MOTION:
Move to vote for to the Metro West Regional Collaborative (Metro West) sub-
region seat; The Town of Acton to the Minuteman Advisory Group on Interlocal Coordination (MAGIC) sub-
region seat; The City of Somerville to the Inner Core sub-region seat; The Town of Rockland to the South Shore
Coalition sub-region seat and further to authorize the Chairman to sign the Absentee Ballot for the MPO election.
FOLLOW-UP:
BOS office will forward ballot to the MAPC.
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:25 p.m.
ATTACHMENTS:
Description Type
F) VII Ll 11 k" a I I'Jections to the I 3oston.Region M'PO I 3allot. flackup Material
z a�
11FFIVA Advisory Board
1K
MAPC177 Fremont Street, Boston,NU 02111
METROPOLITAN AREA PLANNING COUNCIL Tel:(617)426-6054 Fax:(617)451-2054
October 8, 2019
TO: Chief Elected Officials
FR: Paul Regan, Executive Director, META Advisory Board
Marc Draisen, Executive Director, Metropolitan Area Planning Council
R.]E: Municipal Elections to the Boston Region Metropolitan Planning;organization
We are pleased to forward the 2019 MPO Ballot for the elected municipal seats on the Boston
Region Metropolitan Planning Organization(MPO).
This year there are four (4)municipal open seats on the MPO.
1. The Town of Ashland and the City of Framingham are running for the Metro West Regional
Collaborative(MetroWest) sub-region seat.
2. The Town of Acton is running unopposed for the Minuteman Advisory Group on Interlocal
Coordination(MAGIC) sub-region seat.
3. The City of Somerville is running unopposed for the Inner Core sub-region seat.
4. The Town of Rockland is running unopposed for the South Shore Coalition sub-region seat.
Key Dates and Locations:
November 5, 2019 Absentee Ballots Due
5:00 PM delivered by mail or in person (No Fax or Email)to:
BOSTON REGION MPO ELECTIONS
Metropolitan Area Planning Council
60 Temple Place, nth .Floor
Boston, MA 02111
November 6, 2019 MPO Municipal Election
At MAPC Fall Council Meeting, 5:00 PM
Colonnade Hotel
120 Huntington Avenue, Boston, MA 02116
Voting Rules.
One vote may be cast by each of the Chief Elected Officials of the 97 municipalities in the
Boston region, for each open seat(there are 4 open seats). Ballots may be cast by one of the
following ways:
1. By the CEO, in-person, on November 6, 2019 at MAPC Fall Council Meeting.
2. By Absentee Ballot, delivered by mail or in-person to MAPC by 5:00 PM the day
before the election,November 5, 2019.
3. By a designee, in-person, on November 6, 2019 at MAPC Fall Council Meeting.
Each Chief Elected Official or their designee, regardless of which sub-region they are in, or
whether they represent a city or a town, may cast one vote for each of the four open MPO seats
(for a total of 4 votes cast).
Appointinp,Designees:
Designees shall present a signed letter or signed MPO Ballot by the CEO of the municipality
they are representing,to MAPC staff prior to the election or by 4:45 PM on the day of the
election. Designees may represent only one municipality in the election.
Certification of Results:
The results of the election shall be certified by the Chairman of the MPO by gam on Thursday
November 7, 2019.
We appreciate the interest shown by the candidates in choosing to serve in these seats on the
MPO and for your interest in this important matter. We look forward to your participation.
Please contact Eric Bourassa at MAPC (617-933-0740) or Paul Regan, Executive Director of the
META Advisory Board (617-426-6054), if you have any questions concerning this election.
2019 MPO Absentee o
The MPO Election will be held on Wednesday, November 6, 2019
MAPC Fall Council Meeting
Colonnade Hotel
120 Huntington Avenue, Boston, MA 02116
Absentee ballots must be delivered by November 5, 2019
via mail or in person (No Fax,or Email) by 5 PM to:
BOSTON REGION MPO ELECTIONS
Metropolitan Area Planning Council
60 Temple Place, 6111 Floor
Boston, MA 02111
Each Chief Elected Official, regardless of which sub-region they are in, or whether they
represent a city or a town, may cast one vote for each of the four open MPO seats.
Vote for only one from the Metro West Regional Collaborative
LJ Ashland Steve Mitchell Chair Select Board
Ll Framingham Yvonne M. Spicer, Ma
g p � or F
Vote for only one from the Minuteman Advisory Group on Interlocal
Coordination
LJ Acton Joan Gardners Chair Select Board
Vote for only one from the Inner Core Committee
LJ Somerville Joseph A. Curtatone Ma
p � or F
Vote for only one from the South Shore Coalition
LJ Rockland Michael O'Loughlin, Chair Select Board
Municipality Chief Elected Official
(Signature)
(Print or type name)
Fill this box out only if you (Mayor or Chair Select Board) are appointing someone to
vote in your place in person on November 6th at the MAPC Fall Council Meeting.
Designation of alternate (by Mayor or Chair Select Board):
I hereby authorize to cast the ballot for
(name) (municipality)
Chief Elected Official (signature) Date
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Vote on Water and Sewer Rates
PRESENTER: ITEM
NUMBER:
Carolyn Ko sno ff,Assistant Town
Manager for Finance/Comptroller I.9
SUMMARY:
A vote is requested for this agenda item.
This is the second and final meeting on proposed water/wastewater rates for FY2020. At the first meeting held
on October 7, 2019, the Board reviewed the results of F Y2019 water and wastewater operations; billed usage
and retained earnings histories; the FY2020 water and wastewater budgets as adopted at the 2019 annual town
meeting(including proposed changes to the budgets for Fall 2019 STM); estimated FY2020 water and
wastewater usage projections; and preliminary FY2020 water and wastewater rates. The Board also held a
public hearing on the proposed rates at this meeting.
Tonight's meeting is for the purpose of setting FY2020 water/wastewater rates. The proposed rates are on
s lid e 2 of the attached presentation and represent an combined increase of 7.3% for the Water and Wastewater
tiered rates for the current fiscal year. These rates remain the same as originally presented on October 7th. As
discussed in during the original presentation, the increase in FY2020 rates is primarily attributable to an increase
in the To wn's water and sewer assessments from the M W R A and to declines in overall water and sewer usage
by the Town.
SUGGESTED MOTION:
Move that the Board approve the proposed FY2020 water and wastewater rates as presented on slide 2 of the
attached presentation;
and further move that the Board approve the proposed insert that will be printed and included with utility bills in
the upcoming Fall 2019 billing cycle.
FOLLOW-UP:
Approved rates and bill insert will be inc o rp o rated into the Fall 2019 billing cycle.
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:30 p.m.
ATTACHMENTS:
Description Type
D Proposed Rates Presentation Presentation
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Review of FY2021 Capital Projects List
PRESENTER: ITEM
NUMBER:
Carolyn Ko sno ff,Assistant Town
Manager for Finance/Comptroller I.10
SUMMARY:
Attached is preliminary summary of the To wn's F Y2021-F Y2 02 5 capital improvement plan that has
been submitted for the Selectmen's initial review. The Finance staff has highlighted certain requests that may
warrant more in-depth discussion at this or a future Selectmen's meeting.
SUGGESTED MOTION:
N/A
FOLLOW-UP:
Staff will continue to refine these requests over the coming weeks. Revised versions will be presented to the
Board of Selectmen at the Board's budget review sessions in early December.
Capital Improvement Project requests and supporting material will be distributed to the Capital Expenditure
Committee tin the coming week.
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:40 p.m.
ATTACHMENTS:
Description Type
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AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Grant of Location for Verizon Pole: Lincoln Street - Continuation of Hearing
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.11
SUMMARY:
UPDATE: This item will be tabled to the November 4, 2019 at the request of Verizo n to allow time for
them to obtain abutter and developer confirmation of pole location.
Hearing was continued from the August 5, 2019, September 9, 2019, September 23, 2019 and October 7, 2019.
Lincoln Street:
Relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point approximately 42'
easterly from its current location on the northerly side of Lincoln Street.
Placement one (1) JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 35'
westerly from the current location of existing pole, P.55/16, located on the northerly side of Lincoln Street.
SUGGESTED MOTION:
N/A
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 8:5 5 p.m.
ATTACHMENTS:
Description Type
I
F) Petition. I in.coln Street Backup Material
F) plan. Lin.coln.Street Backup Vll.ateli.Aal
PETffI0N FOR JOINT OR IDENTICAL POLE LOCATIONS
June 28, 2019
To the Board of Selectmen
in LEXINGTON, Massachusetts
VERIZON NEW ENGLAND INC. and NSTA R ELECTRIC COMPANY D/B/A EVERSOURCE
ENERGY request permission to locate poles,wires,cables and fixtures including the necessary anchors,
guys and other such sustaining and protecting fixtures to be owned and used in common by your petitioners,
along and across the following public way or ways:
Lincoln Street:
Relocation of one(1)JO pole,P.55/16,on the northerly side of Lincoln Street to a
point approximately 42' easterly from its current location on the northerly side of
Lincoln Street.
Placement one(1)JO pole,P.55116A,on the northerly side of Lincoln Street to a
point approximately 351 westerly from the current location of existing pole,P.55/16,
located on the northerly side of Lincoln Street.
This pole placement is necessary to provide new services,
Wherefore they pray that after due notice and hearing as provided by law,they be granted joint or
identical locations for and permission to erect and maintain poles,wires and cables,together with anchors,
guys and other such sustaining and protecting fixtures as they may find necessary,said poles to be erected
substantially in accordance with the plan filed herewith marked-VZ N.E.Inc.Plan No.4AOH4TQ Dated
June 28,2019.
Also for permission to lay and maintain underground laterals,cables and wires in the above or
intersecting public ways for the purpose of making connections with such poles and bui"Idings,as each of
said petitioners may desire for distributing purposes.
A,
Your petitioners agree that space shall be reserved and maintained for the limited purpose of
attaching one-way to voltage fire and police signaling wires owned by the municipality or governmental
entity for public safety purposes only.
VERIZON NEW ENGLA,,N, 1"` NC.
Karen 'l,'_.eves que 'Rig, of Way
Dated this 2019.
,qfk day of
ZIP
NSTA,'R'E-1,.L-*CT,,IC C 0 A.I�W D/B/A E V E R S 01 J F'.Cr;,,,,,I�,!,'N E:R G Y
7 'M
By
I
"Mo
r�111 IV' ,
lo, _Cell IV- 17,11-01,
Right of a.y Representative
Dated this da of 2019.
�y
Page i of i
ORDER FOR JOINT OR IDENTICAL POLE LOCATIONS
By the Board of Selectmen of the Town of LEXINGTON, Massachusetts.
Notice having been given and a public hearing held,as provided by law,
IT IS HEREBY ORDERED:
that VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A
EVERS OURCE ENERGY be,and they are hereby granted joint or identical locations for and
permission to erect and maintain poles and their respective wires and cables to be placed thereon,together
with anchors guys and other such sustaining and protecting fixtures as said Companies may deem necessary,
in public way or ways hereinafter referred to,as requested in petition of said Companies dated the 14th day
of June,2019.
Lincoln Street:
Relocation of one (1) JO pole, P.55/16, on the northerly side of Lincoln Street to a point
approximately 42' easterly from its current location on the northerly side of Lincoln
Street.
Placement one (1) JO pole,P.5 5/16A, on the northerly side of Lincoln Street to a point
approximately 35' westerly from the current location of existing pole, P.55/16, located
on the northerly side of Lincoln Street.
This pole placement is necessary to provide new services.
All construction under this order shall be in accordance with the following conditions:
Poles shall be of sound timber,and reasonably straight and shall be set substantially at the points
indicated upon the plan marked-VZ N. E. Inc.No. 4AOH4TQ in a package Dated June 28,2019 -filed
with said petition.
The following are the public ways or parts of ways along which the poles above referred to may be
erected,and the number of poles,which may be erected thereon under this order:
Lincoln
1 JO pole to be relocated
1 JO pole to be placed
Also that permission be and hereby is granted to each of said Companies to lay and maintain
underground laterals,cables and wires in the above or intersecting public ways for the purpose of making
connections with such poles and buildings as each may desire for distributing purposes.
I hereby certify that the foregoing order was adopted at a meeting of the Board of Selectmen for the
Town of LEXINGTON, Massachusetts held on the day of 2019.
Board of Selectmen Clerk
Page 1 of 2
We hereby certify that on 2019,at o'clock m.,at the
a public hearing was held on the petition of the
VERIZON NEW ENGLAND INC. and NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE
ENERGY for permission to erect the poles,wires, cables, fixtures and connections described in the order
herewith recorded,and that we mailed at least seven days before said hearing a written notice of the time
and place of said hearing to each of the owners of real estate(as determined by the last preceding
assessment for taxation)along the ways or parts of ways upon which the Companies are permitted to erect
poles,wires, cables,fixtures and connections under said order. And that thereupon said order was duly
adopted.
Board of Selectmen of the Town of LEXINGTON,Massachusetts
CERTIFICATE
I hereby certify that the foregoing is a true copy of a joint location order and certificate of hearing with
notice adopted by the Board of Selectmen for the Town of LEXINGTON,Massachusetts,on the
day of 2019,and recorded with the records of location orders of said Town,Book
,Page . this certified copy is made under the provisions of Chapter 166 of General
Laws and any additions thereto or amendments thereof.
Attest:
Town Clerk
Page 2 of 2
PETITION PLAN
LEXI NGTON 4AOH4TQ
MUNICIPALITY VZ. N.E. INC. NO.
VERIZON NEW ENGLAND, INC AND
DATE : J UN E 28,2019
NSTAR ELECTRIC COMPANY Df Bf A EVERSOURCE ENERGY
SHOWING PROPOSED RELOCATION OF ONE POLE AND INSTALLATION OF ONE NEW POLE ON LINCOLN STREET
NORTH
43 Lincoln St.
W E PARCEL: 50//24C// 39 Lincoln St.
•� PARCEL: 50//25//
S 41 Lincoln St.
PARCEL: 50//24 B/
45 Lincoln St.
PARCEL: 50//23// `� '
38 Lincoln St.
Existing Pole PARCEL: 50//4A//
\ P.55/16 to be
Relocated 4k
\
New Pole / � ••
X°� 40 Lincoln St.
P.55/16A to \`
i `\
55 Lincoln St. be Placed PARCEL: 50//5//
PARCEL: 50//22 B// \
i
Existing Pole
P.55/17 to be
Remain
44 Lincoln St.
\.PARCEL: 50//250/
Ak; i \\
A� \
CO \
46 Lincoln St. \
V \\ PARCEL: 50//6//
i
i 48 Lincoln St.
PARCEL: 50//7//
i
NOT TO SCALE
LEGEND
------- AV EXISTING JOINTLY OWNED POLE
PROPERTY LINE TO BE RELOCATED
EDGE OF PAVEMENT EXISTING JOINTLY OWNED POLE
TO REMAIN
EDGE OF ROADWAY ® PROPOSED NEW JOINTLY OWNED POLE TO
BE INSTALLED
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee
Update
PRESENTER: ITEM
Jill Hai, Special Pen-nit Residential NUMBER:
Development Zoning Bylaw
Amendment Ad Hoc Committee Chair I.12
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:
10/2 U2019 9:00 P.M.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Ad Hoc Crematory Study Committee Update
PRESENTER: ITEM
NUMBER:
Suzie Barry,Ad Hoc Crematory
Study Committee Chair I.13
SUMMARY:
Suzie Barry will update the Board with the Ad Hoc Crematory Study Committee progress to date.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
10/2 U2019 9:05 p.m.
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Selectmen Committee Appointments
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.14
SUMMARY:
The Board is being asked to appoint Nyles B arnert as a full member of the Board of Appeals with a term
expiration date of September 30, 2024. Mr. B arnert is currently a member of the Board of Appeals Associates.
The Board is being asked to appoint S hub hra Chandra as a member of the Lexington Council for the Arts with
a term expiration date of September 30, 2022.
SUGGESTED MOTION:
Move to appoint Nyle s B arnert to the Board of Appeals as a full member with a term expiration date of
September 30, 2024.
Move to appoint S hub hra Chandra to the Lexington Council for the Arts with a term expiration date of
September 30, 2022.
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019 9:10 P.M.
ATTACHMENTS:
Description Type
D 2019 I...exington Cburwil for the Ad's Application.��S.Chandra Backup Material
APPLICATION FOR APPOINTMENT
FOR BOARD/COMMITTEE MEMBERSHIP
Board/Committee of Interest: 1. Board of Appeals 2.
3. 4.
Would you consider another Committee: No
For how long should we keep your application on file? 1 year
Full Name: NyI@S N. Barnert Nickname:
Preferred Title(please circle) Mr./Ms./Mrs./Other: M r
Home Address: 142 Worthen Road Zip: 02421
Length of Residence in Lexington: 52 years
Occupation: Software Engineer
Work Address: Arcon Corp, 260 Bear Hill Rd, Waltham, MA
Phone: Home Work Fax
Cell
E-mail: Primary: Secondary:
If you currently serve on a Board or Committee,please identify: Associate ZBA
Special Training, Interests,Qualifications: Past service on ZBA, 48 years as Town Meeting member
Have you been asked by a Committee to become a member? Yes
How did you hear about the Committee? currently Associate on ZBA
Please attach a current resume, if possible. Add any comments below or on a separate page.
Ile
Signature: Date:
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SHUBHRA B. CHANDRA
Career Summary
Proven leader in fashion and textiles, product development in all categories and international sourcing focused on
executing challenging deliverables within deadline and under budget. Delivering results in a collaborative, results driven
environment in all categories of textiles and apparel—with a strong focus on the customer and company goals.
Work Experience
Shubhra Designs, LLC—www.shubrah.com 2008—Current
Founded in 2008, www.shubrah.com is an e-commerce website for a fusion fashion collection of Up cycled ready to wear and custom
designs. Using natural and organic fabrics to design and develop the entire collection.Marketing with fashion shows and social media.
Designer- Founder
Shubhra Design, LLC was founded on the principle of"sustainable design and retailing" using only fabrics that are organic
or recycled with designs available through e-commerce channels.
• Created and designed current Yoga inspired collection of T-shirts-graphics using 100%organic cotton knit sourced
from South Korea—currently retailing on-line and in Boston.
• Design 2 capsule collections every year, including designing wedding gowns, bridesmaids dresses and men's
ensembles—working closely with artisans and small factories to produce the designs for clients.
• The company has grown at the rate of 10%-15%per year from its inception.
• Research shopping trends and upscale stores globally to keep updated in fashion and global trends, lifestyle changes,
new design concepts and colors.
• Develop and manage all marketing and promotions utilizing social media (blogs,Twitter, Facebook and Instagram),as
well as monthly e-mail newsletters,consistently gaining new followers and e-mail recipients monthly—all through
organic growth.
• Hire and train college summer interns with an interest in fashion,working with them to identify shows, using
marketing channels through social media and using their help with modeling and photoshoots. Interns have
successfully obtained jobs in the fashion industry.
• Developed entire supply chain utilizing internet commerce as the core of the business plan.
• Created partnerships to build a sustainable fashion business. Blending design,development,sourcing, management
and e-commerce experience to run the day to day operations of the start-up.
Talbots, Inc., Boston, MA 2002—2008
Founded in 1947 in Hingham,MA and known as"the store with the red door,"today there are nearly 500 Talbots stores throughout the
US and Canada and catalogs and an e-commerce site reaching a vast audience of customers around the world.
(Development and)Sourcing Manager
Reporting into the Director, Product Sourcing, hired in 2002 as Sourcing Manager in Dresses and promoted to the
Collection line of women's apparel focused on knits,sweaters and wovens representing$75 million in revenue in 2007.
Responsible for overseeing an international cross-functional team focused on product development, concept execution and
sourcing for the Collection division. In house patternmakers for wovens. Managed and trained Assistant Managers.
• Developed and expanded new elevated line "The Collection"for Talbots as a niche line in Boston, ultimately growing
this line to 15 stores across the US.
• Managed the negotiation process with luxury mills and factories establish quality, price and delivery goals.
• Grew the Collection line by 15-20%year over year over a five year period.
• Oversaw international cross-functional specialty teams of buyers,concept designers and technical personnel for
sweaters, knits and wovens.
• Successfully built global strategic partnerships between luxury European mills and factories creating product at a
lower price point for American consumers.
• Developed and managed budget, bringing"The Collection" brand in under production budget every season.
• Extensive international experience traveling to Italy, France, Portugal and Asia for trend research,textile and yarn
research, product development; as well as vendor relations and factory visits.
• Realtionship established with S.Korean and Indian agents to develop high end knits and wovens.
SHUBHRA B. CHANDRA
Liz Claiborne, Inc.,Wakefield, MA 1998-2000
Sigrid Olsen
Design driven wholesaler of high-end women's apparel, retailing three primary lines to up market department and specialty
stores.Acquired by Liz Claiborne in March 1999
Product Manager
Managed multiple product lines as Senior Product Manager and other positions, in all product categories-knits,wovens and
sweaters; as well as Sigrid Olsen's signature product line, "Collection."
• Gross margin responsibility for a $20 million product line. Oversaw the entire product development process from
concept to delivery, including sourcing,quality standards, pricing strategies and negotiations, in the US and overseas
• Targeted and rectified quality issues in product line generating a 25%improvement in gross margin
• Increased Sigrid Olsen's signature product line sales significantly year over year.
• Transitioned existing domestic and international sourcing bases to Liz Claiborne's channels
• Replaced domestic sourcing with overseas sourcing of woven Tencel driven line to create better margins and quality
• Led a multinational re-engineering team to realign the specification generation processes resulting in a 20%reduction
in cycle time
Mast Global,Andover, MA 1993—1998
Founded as Most Industries in 1970, the Mast name is recognized the world over as an industry leader in fast fashion-product
development,design,sourcing and production. Today Most Global—a wholly-owned division of L Brands—brings together the
production and sourcing,logistics,and information technology functions for the enterprise.
Victoria Secret Catalog-Senior Product Manager
Limited-Senior Product Manager
Express-Product Manager
Express-Assistant Product Manager
• Managed the$10+million segment for Victoria Secret Catalog knit sportswear,working with cross-functional teams
in multiple locations,developing new product—from design through production—working with both overseas and
domestic sources and identifing new domestic sourcing bases to shorten turnaround time.
• Managed the$50 million knit and woven segments for Limited.
• Interim Division Manager for the final four months and led the re-engineering of the Division, in a Limited, Inc. driven
initiative,with ultimate successful transition of responsibilities to Asian offices.
• Successfully launched a $10 million chino program.
• Recipient of "Using Leading Technologies to Further Business" award.
• Sourced product in Asia,Central America and Europe.
Education
Michigan State University, East Lansing, MI 1992
Masters in Clothing and Textiles(special emphasis on apparel design for women)
Graduate Teaching Assistant in fashion illustration and theatre costume design
National Institute of Fashion Technology, New Delhi, India 1989
(A branch of Fashion Institute of Technology, New York, NY)
Professional Diploma in Fashion Design—Awarded best design Student
Lady Shri Ram College(Delhi University), New Delhi, India 1986
Bachelor of Arts in Economics(with Honors)
Volunteer work, Technology and Social Media
Technology: Mac, Excel,Word, Microsoft Exchange, iPhoto,WebPDM
Social Media: Twitter, Facebook, Instagram, Linkedln, Pinterest
Volunteer work: President of Lexington High School, Parent Teacher Organization (www.lhspto.org) 2017-2019
AGENDA ITEM SUMMARY
LEXINGTON BOARD OF SELECTMEN MEETING
AGENDA ITEM TITLE:
Approve Minutes
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY.-
The minutes of the fo llo wing meeting dates are ready for your review and approval:
• June 3, 2019
• June 13, 2019
• June 24, 2019
The minutes of the fo llo wing Executive Sessions are ready for your review and approval:
• June 13, 2019
SUGGESTED MOTION:
Move to approve the minutes o£
• June 3, 2019
• June 13, 2019
• June 24, 2019
Move to approve but not release the Executive Session Minutes of:
• June 13, 2019
FOLLOW-UP:
Selectmen's Office
DATE AND APPROXIMATE TIME ON AGENDA:
10/21/2019
ATTACHMENTS:
Description Type
F) June 3,2019 minutes R.E!,V 13ackup VIlatefial
F) Jllune.13,201.9 Minutles RII�V 13"IckLIP Matlerial
F) June 2.4,2019 Minutels, RII.N' I.Ixackup VIIaterial
Selectmen's Meeting
June 3, 2019
A meeting of the Lexington Board of Selectmen was called to order at 7:01 p.m. on Thursday,
June 3, 2019 in the Selectmen's Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr.
Pato; Ms. Barry; Ms. Hai; and Mr. Sandeen were present as well as Mr. Malloy, Town Manager;
Ms. Axtell, Assistant Town Manager; and Ms. Katzenback, Executive Clerk.
Public Comment
Mr. Michelson, Lexington Retailers Association, thanked the Town of Lexington for their support
for the May 25, 2019 Discovery Day Event.
Selectmen Concerns and Liaison Reports
Ms. Hai reported that input continues to be collected regarding potential uses for the Hosmer
House.
Mr. Pato said he participated as a Judge in the Generations Citizens Civics Day held at the State
House.
Mr. Lucente said he had the privilege of representing the Board at the Lexington High School
Graduation.
Ms. Barry reported the Hanscom Area Towns Committee's meeting included a Bicycle and
Pedestrian round-table discussion with Jackie DeWolfe, Director of Sustainable Mobility; and
Michelle Danila, Complete Streets Engineer for Massachusetts Department of Transportation. In
addition, Ms. Barry reported the Selectmen attended the Visitors Center ground breaking.
Mr. Sandeen said he spoke in Concord on the subject of net zero energy school building initiatives.
Next, he said he attended, along with Trisha Malatesta, Engineering Department, and the Gas
Leaks Regional Cooperation. In addition, Mr. Sandeen noted he and other Selectmen attended the
Dana Home Foundation Grant Recipient Awards event held on May 22, 2019.
Town Manager er Report
Mr. Malloy updated the Board regarding general municipal activities taken place by the Human
Services Department, Public Works, Public Facilities, Land Use, Health and Development
Recreation and Community Programs including the following highlights:
• CHNA-5 has approved the project for the three year implementation of the Town's project
to develop protocol alignment; strengthen collaboration and communication; enhance
programs and services; and partner with community stakeholders to address mental and
health wellness. The Town was awarded $59,000 for this project.
• The work to install a new pedestrian signal at the Munroe Center for the Arts is underway.
• The Town aquatic facilities opened on June 1, 2019 for the season.
• The Visitor's Center demolition is underway.
• The new Fire Station Headquarters' foundation is being poured.
• The Lexington Children's Place and Hasting School projects are making good progress.
• Public health is hosting a medical waste disposal event on June 5, 2019 and staffing the
Household Hazardous Waste event at Hartwell Ave on June 15, 2019.
• The Visitors Center was officially awarded a $200,000 grant from the Massachusetts
Cultural Council and a small grant from the Community Endowment of Lexington.
• The Town has begun recruiting for an Interim Planning Director and a permanent Planning
Director to replace Julie Mercier.
Public Hearing - Liquor License Transfer- Mass Lex, LLC d/b/a Clay Oven Indian Restaurant
Mr. Lucente opened the public hearing at 7:15 p.m. He stated that all the necessary paperwork has
been provided for the transfer of liquor license at 1666 Massachusetts Ave, from Group R, Inc.
d/b/a Lexx Restaurant to Mass Lex, LLC d/b/a Clay Oven Indian Restaurant. The proposed
Manager, Anuradha Kapoor, was present at the hearing. It was stated the restaurant is targeted to
open in August 2019.
Members of the board extended their best wishes for a successful venture to the applicants and
upon hearing no public comment, Mr. Lucente closed the hearing at 7:22 p.m.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the transfer
of liquor license at 1666 Massachusetts Ave from Group R, Inc. d/b/a Lexx Restaurant to Mass
Lex, LLC d/b/a Clay Oven Indian Restaurant.
Approval for LexHAB to Accept Gift of Land with Building - 77 Wood Street
Lester Savage, LexHAB, explained a request is being put forth to the Selectmen for approval of
the acceptance of the donation of property at 77 Wood Street property to LexHAB. Mr. George
Summers, the owner of 77 Wood Street, is donating this as a life estate. Mr. Summers would live
in the home for the remainder of his life and then the deed would transfer to LexHAB to then be
used by LexHab as an affordable housing unit.
Ms. Nelson, LexHab, explained Mr. Summers would live in the home for the remainder of his life
and then the deed would transfer to LexHAB. She stated there are no restrictions on the donation
of this land and LexHab intends to keep this as a single family home.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
acceptance of the gift of the property at 77 Wood Street by LexHAB in the affordable housing
inventory.
Communications Advisory Committee Update
Mr. Becker, Communication Advisory Committee, explained the RCN Cable Television License
with the Town of Lexington is set to expire on June 30, 2019. He reviewed the proposed renewal
license and said the Communications Advisory Committee (CAC) will hold a public hearing on
Thursday, June 20, 2019 to hear public comments regarding RCN services and license renewal.
The CAC will then put forth a finalized renewal license to the Board of Selectmen for their
consideration and approval before the end of June 2019.
Ms. Barry requested that the Town Building names and addresses be verified and updated for the
execution of the RCN renewal license.
Temporary Public Safety Communications &AT&T Pole Placement
Chief Corr explained one of the components of building the new Police Station will be to include
the current radio antenna, which is owned by AT&T. The antenna is currently being used by the
Police and Fire Departments for public safety communications and will need to be moved. AT&T
is interested in installing a new, taller monopole further back on the property, but this permanent
location needs to wait until after the Police Station is built. Since the current tower will need to be
relocated for the construction work, a tower needs to be cited at a temporary location.
Mr. Cronin, Facilities Director, asked the Board for their preference of a temporary location for
the antenna to be either attached to an unused chimney on the Cary Memorial Building or to a
ballasted truck.
General Board discussion ensued. The Board was in favor to have the temporary location for the
antenna be on the chimney on the Cary Memorial Building. Several Board members expressed
concern regarding running the connection through the window on the lower level of the Cary
Memorial Building. Mr. Cronin explained the window pane would be replaced upon
decommissioning the temporary antenna.
Mr. Cronin reviewed the following proposed schedule regarding radio antennas:
• Install temporary antenna on chimney: Spring 2020
• Decommission existing antenna and relocate all communications to temporary antenna:
June 2020
• Relocate Police Headquarters to Temporary HQ (173 Bedford): July 1, 2020
• Install new Unipole Antenna: Spring 2021
• Relocate Police Headquarters back to 1557 Massachussetts Avenue: December 2021
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
temporary location for the AT&T and Police/Fire communications tower to be attached to the
chimney on the Cary Memorial Building going through a lower level window and further to
authorize the Town Manager to execute any documents to effectuate this vote.
Proposal for Zoning Changes Along Hartwell Avenue
Charles Hornig, 18 Bacon Street, presented two proposals for incremental zoning changes to
encourage economic development.He explained these are updated to the earlier versions discussed
at the December 17, 2018 Board of Selectmen meeting.
• CM District Standards:
Mr. Horning stated he proposes changes that would relax dimensional standards to permit
additional development in the CM (manufacturing) District, located largely along Hartwell
Avenue, and rezone selected adjoining properties into either the CM or GC (governmental-civic)
districts to provide consistent standards for development.
• Front Yard, Transition, and Screening Areas:
Mr. Horning stated he proposes changes that would allow consistent streetscapes within a zoning
district by requiring the same front yard, transition, and screening areas along a street independent
of the zoning district of lots across the street.
Mr. Pato said he hopes that such proposals emerge through a process of working through the
Planning Board for such initiatives to possibly be brought forward to a Town Meeting.
Ms. Barry recommended that item "D-Amend the Zoning Map to rezone lot 7 on assessor's map
85 into the GC District" should be removed from Mr. Hornig's proposal for amendments to the
Zoning Bylaw and Maps for CM Districts and suggested that the Planning Board bring said item
D to Town Meeting as a "housekeeping" article.
Mr. Lucente asked Mr. Horning to whom he has additionally presented his proposals. Mr. Horning
explained he brought his proposals to the Planning Board and the Economic Development
Advisory Committee and will plan to continue to work with the Planning Department.
Mr. Canale, Planning Board Chair, stated he feels that the Planning Board and the Selectmen
should meet to discuss these proposals.
The Board thanked Mr. Hornig for his presentation.
Approve Fiscal Year 2020 Cost-of-Living Adjustment for Non-Represented Employ
Mr. Malloy presented his recommendation for a two(2)percent cost-of-living adjustment for non-
represented employees for fiscal year 2020. He said this amount is consistent with settled
collective bargaining agreements and the Board's overall guidance for settlements for FY2020.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a two (2)
percent cost-of-living adjustment for non-represented employees for fiscal year 2020, effective
July 1, 2019.
Review Requests from Sustainable Lexington Committee to Send Letters
Mr. Lucente explained the Sustainable Lexington Committee has requested the Board of
Selectmen to send letters regarding sustainability issues. The first letter would be to State Board
of Building Regulations and Standards (BBRS) advocating for a Net Zero Stretch Code. The
second letter would be to Governor Baker regarding the Alternative Portfolio Standard(APS) and
the burning of biomass and garbage incineration.
Mr. Rick Reibstein, Sustainable Lexington Committee, explained the proposed letter regarding
APS encourages Governor Baker to support H.853, An Act to Assure the Attainment of
Greenhouse Gas Emissions Goals in the Alternative Portfolio Standard(Rep. Denise Provost,27th
Middlesex). This bill would remove incentives for biomass burning and garbage incineration from
the Massachusetts Alternative Portfolio Standard(APS).
Mr. Cells Brisbane, Sustainable Lexington Committee, explained the proposed letter to the BBRS
is to encourage the BBRS to update the current Massachusetts energy stretch code to a Net Zero
stretch code giving communities the option to adopt a Net Zero stretch code is a critical step to
achieving: our statewide energy efficiency and climate goals;design resiliency; increased occupant
comfort; and more cost-effective life-cycle design for families and businesses across the
Commonwealth.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve sending the
letter to the Board of Building Regulations and Standards (BBRS) as corrected advocating a Net
Zero Stretch Code signed by the Board of Selectmen.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve sending the
letter to Governor Baker with Public Comments to the Department of Energy Resources
advocating support for H.853, An Act to Assure the Attainment of Greenhouse Gas Emissions
Goals in the Alternative Portfolio Standard signed by the Board of Selectmen.
Special Permit Residential Development Zoning Bylaw Amendment Ad Hoc Committee Update
Ms. Hai reported that the Special Permit Residential Development Zoning Bylaw Amendment Ad
Hoc Committee (SPRD) continues to meet at least one to two times per month. She explained a
panel from the building and design community came to a SPRD meeting to discuss their
experiences in Lexington and other communities, and provided suggestions regarding the bylaws.
The panel stated that other communities strive to get their zoning bylaws to the level of Lexington's
established Zoning Bylaws. This Panel stated what they experience is a lack of consistency and
direction as it relates to information/suggestions from the Planning Board given to the proponents
which may not be clear and that many times causes confusion for the proponent.
Bob Pressman, 22 Locust Avenue, said he feels the Planning Board has extremely individualistic
views which cause differing positions that lead to the lack of consistency, direction and consensus
that is provided to the proponents.
Town Manager Reappointment
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town
Manager's reappointments for Gerald Howell and Julie-Ann Shapiro to the Council on Aging for
a term to expire May 30, 2022.
Approve and Sign Proclamation- Coach Bill Tighe's 95th Birthday
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a
proclamation in honor of the 95th birthday of former Lexington High School Football Coach, Bill
Tighe.
Selectmen Committee Appointment
Upon a motion duly made and seconded,the Board of Selectmen voted 5-0 to appoint Sheila Page
to the Battle Road Scenic Byway Committee as a member for a term to expire on September 30,
2019.
Consent Agenda
• Water and Sewer Commitments
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Water
and Sewer Finals April 2019 in the amount of$7,668.92.
• Approve One-Day Liquor Licenses
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One-day
Liquor License for The Deborah Abel Dance Company to serve wine at the Zumba Fundraiser
Reception being held at the Lexington Community Center, 39 Marrett Road on Thursday, June 13,
2019 from 7:30 p.m. to 8:45 p.m.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve two One-
day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby of Cary
Memorial Building, 1605 Massachusetts Avenue, at the following two events: Bella Fleck &
Abigail Washburn, Sunday, July 28, 2019 7:30 p.m. to 10:30 p.m. and Lori McKenna, Saturday,
August 3, 2019 8:00 p.m. to 11:00 p.m.
• Approve Meeting Minutes
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes
of April 29, 2019, April 30, 2019 and May 9, 2019.
Adjourn
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn the meeting
at 10:10 p.m.
A true record; Attest:
Kim Katzenback
Executive Clerk
Selectmen's Meeting
June 13, 2019
A meeting of the Lexington Board of Selectmen was called to order at 5:01 p.m. on Thursday,
June 13, 2019 in Estabrook Hall, Cary Memorial Building. Mr. Lucente, Chair; Mr. Pato; Ms.
Barry; Ms. Hai; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms.Axtell,
Assistant Town Manager(late arrival) and Rajon Hudson, Management Fellow.
Public Comments
Susan Eustis, 6 Raymond Street, suggested that the Town create a"Center of Excellence"to attract
companies to Lexington to develop LIDAR to alleviate the tax burden for residents in the
community.
Selectmen Concerns and Liaison Reports
Ms. Hai stated the MAGIC sub-region of MAPC approved their work plan for the upcoming year
consisting of five regional projects. She explained that the September 2019 Antony France trip
planning is underway. She also reported that the temporary Visitor's center is now operating in the
Cary Memorial Building.
Mr. Pato stated that the Library Board of Trustees met this week at which concern was expressed
due to excessive use of Library restrooms following the movement of the Visitor's Center. He also
discussed that a former resident approached the Trustees expressing concern that the Stone
Building that housed the former East Lexington Library is deteriorating.
Mr. Lucente stated that he read proclamations for the following events in Town: Coach Tighe's
95th Birthday, Lexington Pride Day-Pride Week, Lexington Goes Purple Days, and Race Amity
Day. Mr. Lucente explained that he attended a vigil in memory of Shen Cal with Ms. Barry. He
also stated that he, along with Ms. Hai, had a preliminary meeting with the Planning Board Chair
and Co-chair to have a discussion on the Planning Staff changes. Lastly, he attended, along with
Mr. Sandeen, the graduation of the Lexington Employees' Academy.
Ms. Barry stated that she attended the Council on Aging meeting, where Sean Dugan, the Town's
Public Information Officer, was the keynote speaker and discussed ways to communicate and
engage with seniors.
Mr. Sandeen stated that he represented the Board of Selectmen at the Community Endowment of
Lexington Grant Awards Ceremony. Mr. Sandeen also attended the Massachusetts Municipal
Association Policy Committee Meeting and the Net Zero Advisory Council hosted by the
Department of Energy Resources where the letter that was sent by the Town to the BBRS was
positively received.
Town Manager Report
Mr. Malloy stated that the Automatic Meter Reading Project has started off with Weston &
Sampson and will be managed by the Department of Public Works. He stated that the Waterstone
Project on Waltham Street is going before the Planning Board for site review. He also explained
that the textile recycling program is underway with the expectation of future growth. He further
reported that the Town is undertaking a collaborative effort between the Information Technology
Department (IT) and permitting departments to move the viewpoint software to cloud-based
storage. Finally, he provided a brief presentation on a model ship of the USS Lexington that has
been offered to the Town by a resident of Belmont for a vote of acceptance by the Board at a future
meeting.
Ms. Hai stated she heard that some of the business owners on Massachusetts Avenue will be
seeking reparations from Eversource on monetary losses due to the power outage.
Hancock United Church of Christ Commemorative Tree Installation Request
Ms. Barry recused herself, as she is an employee of the Hancock United Church of Christ. Mr.
Sandeen recused himself, as he is a member of the Hancock United Church of Christ.
Susan Rockwell, Historian of Hancock United Church of Christ, provided a brief presentation on
the request to plant a commemorative tree on the Battle Green in recognition of their 150th
anniversary.
Upon motion duly made and seconded, the Board of Selectmen voted 3-0 to approve Hancock
United Church of Christ to install a granite plaque and plant a tree on the Battle Green in
recognition of their 150th anniversary by coordinating such planting with the Lexington Tree
Warden in accordance to Town of Lexington General Bylaws, Chapter 120.
Approve Amendment to Regional Housing Service Office Agreement
Liz Rust, Regional Housing Service Office,provided a brief presentation on an amendment to the
inter-municipal agreement for the Regional Housing Services Office to remove the Town of
Burlington and to update the annual fee schedule.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the amendment
to the Regional Housing Services Office Agreement to remove the Town of Burlington and to
update the annual fee schedule.
Review Fiscal Year 2020 Lexpress Schedule for Approval
Susan Barrett, Transportation Manager, presented the updated Lexpress schedule and reviewed
plans for distribution.
Ms.Barry suggested the Colonial Times,realtors and school registration offices as additional other
ways to inform new citizens of the Town as to the Lexpress schedule.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the FY2020
Lexpress schedule for distribution.
Tri-Town Transit Study Update.
Susan Barrett, Transportation Director, provided an update on the status of the Tri-Town Transit
Study for the Board's discussion.
Ms. Barry stated that, in a previous meeting with small businesses, frustration was expressed in
getting employees into Lexington from the Merrimack Valley area and further bus services would
be helpful.
Proposal for Friendly 40B Housing— 840 Emerson Gardens Road
Bob Buckley, Riemer&Braunstein LLP representing Emerson Gardens LLC, and Todd Fremont-
Smith,made an initial presentation in regards to the redevelopment of 840 Emerson Gardens Road
through a Local Initiative Comprehensive Permit Project,pursuant to Mass General Laws Chapter
40B. For this meeting, they would like to gain the Board's perspective and suggestions for
adjustments prior to submitting a more formal 40B application. They have been asked to
coordinate with the Housing Partnership Committee.
Mr. Sandeen inquired about the number of units within the building, as well as the proposed use
for the open/wooded area that abuts Page Road and Orchard Lane.
Ms. Hai inquired about the term "age-targeted" and "local preference to the maximum extent
possible".
Mr. Pato would like to see the proposal as a sustainable design. He expressed concern about the
traffic on bordering streets.
Mr. Lucente reiterated the traffic concern, as well as the possible influx of students as the Town's
need for diverse housing is met.
Ms. Barry raised a concern that 40B housing projects do not go in front of Town Meeting,nor does
it go in front of the Planning Board. She said she would feel more comfortable if the proposal went
through the process of Town Meeting.
David White, Arlington resident, Friends of Arlington's Great Meadows, expressed concerns
about the traffic in the area as it is a major access point to Arlington's Great Meadows.
Bob Pressman, 22 Locust Avenue, Lexington's Housing Partnership Board, expressed concern
about Town employees not actually living in the Town and having to commute to work. He stated
that 40B housing would be an appropriate way to achieve a more diverse group of residents.
Mr. Lucente stated that a future joint meeting will be put together including the Board of
Selectmen, Housing Partnership Board, and Regional Housing Services Office.
Sale of Bond Anticipation Notes
Carolyn Kosnoff, Assistant Town Manager for Finance, conducted a brief presentation on the
results of the sale of bond anticipation notes for June 2019 to cover spending that is incurred or
expenses going out (for a net positive position at the end of the year).
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the sale of a
$41539,627 2.00 percent General Obligation Bond Anticipation Note (the "Notes") of the Town
dated June 26, 2019 and payable February 14, 2020 to Piper Jaffray and Company at par and
accrued interest plus a premium of$14,072.84.
And further: that in connection with the marketing and sale of the Notes, the preparation and
distribution of a Notice of Sale and Preliminary Official Statement dated June 5, 2019, and a final
Official Statement dated June 11, 2019, each in such form as may be approved by the Town
Treasurer, be and hereby are ratified, confirmed, approved and adopted.
And further: that the Town Treasurer and the Board of Selectmen be, and hereby are, authorized
to execute and deliver a significant events disclosure undertaking in compliance with SEC Rule
15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking shall
be incorporated by reference in the Notes for the benefit of the holders of the Notes from time to
time.
And further: that we authorize and direct the Town Treasurer to establish post issuance federal tax
compliance procedures and continuing disclosure procedures in such forms as the Town Treasurer
and bond counsel deem sufficient,or if such procedures are currently in place,to review and update
said procedures,in order to monitor and maintain the tax-exempt status of the Notes and to comply
with relevant securities laws.
And further: that each member of the Board of Selectmen,the Town Clerk and the Town Treasurer
be and hereby are, authorized to take any and all such actions, and execute and deliver such
certificates, receipts or other documents as may be determined by them, or any of them, to be
necessary or convenient to carry into effect the provisions of the foregoing votes.
Approve Collective Bargaining Agreement — Lexington Municipal Employees Association
(LMEA)
Ms. Barry recused herself, as her husband is an employee of the Town of Lexington.
Mr. Malloy explained the agreement with the LMEA Union, whereas the agreement provides for
a 2.0% Cost of Living Adjustment (COLA) per year; adjustments to the longevity and clothing
allowances.
Upon motion duly made and seconded,the Board of Selectmen voted 4-0 to approve and authorize
the Town Manager to sign the Memorandum of Understanding between the Town and the
Lexington Municipal Employees Association for the contract period of July 1, 2019 through June
30, 2022.
Discuss and Approve Electric Charging Station Parking Regulation and Charging Fees
Mr. Malloy presented the Electric Charging Station Regulation, which was reviewed by the
Parking Management Group. This regulation stipulates that (1) all parking fees and rules shall
otherwise apply to the EV charging spaces; (2) that there will be a four hour maximum; (3) that
the electric rate will be as set by the Board of Selectmen; (4)that these spaces are reserved for EVs
and non-EVs will be subject to a $25 fine.
Mr. Lucente expressed concern in regards to the numbering of the regulations and would like to
see them restructured.
Mr. Sandeen felt that the time limit listed within the regulation was appropriate for each location,
except for the Depot lot. He was questioning whether or not the regulation was per the parking
spot.
Mr. Lucente expressed that the amount of charging stations is limited and the amount of charging
time should be limited as well.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
amendments to Section 192 of the Traffic Rules and Regulations of the Town of Lexington to add
the sub-sections regarding Parking Meters and EV Charging Stations as 192-41, and further re-
number all sub-sections after that.
Review and Approve Banner Policy
Mr. Malloy reviewed two new policies: the Massachusetts Avenue Street Banner Policy, and the
Lexington Pole Banner Policy.
Ms. Barry stated that she would prefer to wait and approve the policies in July because she was
not comfortable with the wording of the third paragraph.
Mr. Lucente stated that the Board will wait until July to further review and vote on the Banner
Policies.
Veterans Service Agreement with Bedford
Mr. Malloy explained that in 2013 the Towns of Lexington and the Town of Bedford created a
District for the purpose of providing services to the veterans and their families living in the two
towns. The initial forming of the District, and continuation of the District,required approval of the
Massachusetts Department of Veteran's Services (DVS). The DVS granted the continuation of
this District and the Towns entered into a five-year inter-municipal agreement that was set to expire
on June 30, 2019.
Ms.Barry asked if the Lexington Veterans affairs office information in Appendix A,page 5,should
reflect the 39 Marrett Road address and hours of operation. Mr. Malloy confirmed it should and
said it would be corrected.
Upon the motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign,
with minor edits, the Inter-Municipal Agreement between the Towns of Lexington and Bedford,
for a Veterans' Services District, for a 5-year term to expire on June 30, 2024.
Ad Hoc Crematory Study Committee Update
Suzie Barry, Chair of the Ad Hoc Crematory Study Committee, requested that her update be
delayed to a future meeting in July as the Committee has not met in June. With the Board in
agreement, Mr. Lucente confirmed that this will be put onto a future agenda.
Selectmen Committee Appointments/Reappointments
• Town Celebrations Committee
The three-year terms of the Town Celebrations Committee member Linda Dixon and William Mix
expire on June 30, 2019. The Committee has requested that both members be reappointed for a
three-year term expiring on June 30, 2022.
Henry Murphy's term is ending on June 30, 2019 and he has indicated that he would like remain
an asset to the Committee in a non-voting role. The TCC requests to bestow upon Mr. Murphy an
Emeritus Membership to the Town Celebrations Committee in honor of his commitment of service
since 2001. His new status would be effective immediately.
The Town Celebrations Committee has requested to move June Baer up from the TCC
Subcommittee to be appointed as full Member of the Town Celebrations Committee for a term to
expire on June 30, 2022.
The following members of the Town Celebrations Subcommittee have a term expiration of June
301 2019 and wish to be reappointed for another term set to expire on June 30, 2020: William
"Glen" Bassett; Suzanne Caton; Wei Ding; Mary Hutton; Paul Jenkins; Gresh Lattimore; Wayne
Miller; Geetha Padaki; Rita Pandey; Ashley Rooney; Susan Stering; David Taylor; Samuel Zales.
Ms. Barry stated that it is a past practice on the Town Celebrations Committee to bestow the title
of Honorary Life Member to people who have served on the committee for a number of years and
suggested that his title be changed as such.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Linda
Dixon and William Mix to the Town Celebrations Committee for a term set to expire on June 30,
2022.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to bestow the honor of
Honorary Lifetime status to Henry Murphy on the Town Celebrations Committee.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint June Baer
to the Town Celebrations Committee for a term to expire on June 30, 2022.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint William
"Glen" Bassett, Suzanne Caton, Wei Ding, Mary Hutton, Paul Jenkins, Gresh Lattimore, Wayne
Miller, Geetha Padaki, Rita Pandey, Ashley Rooney, Susan Stering, David Taylor and Samuel
Zales to the Town Celebrations Subcommittee for a term set to expire on June 30, 2020.
• Keeper of the Lockup
The Board is being asked to reappoint Mark Corr, Chief of Police, as Keeper of the Lockup,whose
term is due to expire on June 30, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Mark
Corr, Chief of Police as Keeper of the Lockup for a one-year term ending on June 30, 2020.
• Executive Clerk
The Board is being asked to reappoint Kim Katzenback as Executive Clerk to the Board of
Selectmen, whose term is due to expire on June 30, 2019.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Kim
Katzenback as Executive Clerk to the Board of Selectmen for a one-year term ending on June 30,
2020.
Applications: Common Victualler License and Entertainment License — Masslex, LLC, 1666
Massachusetts Avenue
Mr. Lucente stated the Board is being asked to approve a request for a Common Victualler License
for Masslex, LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts Avenue for the hours
of 11:00 a.m. to 12:00 midnight Monday — Sunday and an Entertainment License for Masslex,
LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts Avenue for the purpose of providing
background music and televisions for diners within the restaurant.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Common
Victualler License for Masslex, LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts
Avenue for the hours of 11:00 a.m. to 12:00 midnight Monday - Sunday, pending approval of the
Health and Building Department permits.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve an
Entertainment License for Masslex, LLC d/b/a Clay Oven Indian Restaurant, 1666 Massachusetts
Avenue for the purpose of providing background music and televisions within the restaurant.
Consent Agenda
• Water and Sewer Commitments
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water and
Sewer Commitment Section 3 in the amount of$3,624,923.62 and Water and Sewer Commitment
April Cycle 9 Billing in the amount of$221,227.3 0.
• Approve One-Day Liquor Licenses
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day
liquor license for Food Link, Inc. to serve beer and wine for the purpose of their Rescue to Tapas
Fundraiser to be held at the Church of Our Redeemer, 6 Meriam Street, on Thursday, July 25,
2019. The beer and wine will be served from 6:30 p.m. to 9:00 p.m.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three one-
day liquor license for Wilson Farm to serve beer and/or wine at Wilson Farm, 10 Pleasant Street,
for the purpose of three events on the following dates:
• Dinner in the Field, wine to be served Thursday, June 27,2019 from 6:00 p.m. to 9:00 p.m.
• Dinner in the Field, wine to be served Thursday, July 18, 2019 from 6:00 p.m. to 9:00 p.m.
• Farm to Table Beer Dinner, beer to be served Thursday, August 15, 2019 from 6:00 p.m.
to 9:00 P.M.
Upon a motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one-day
liquor license for Saint Nicholas Church to serve beer, wine, and alcohol for the purpose of their
2019 Gyro Fest Fundraiser to be held at Saint Nicholas Church, 17 Meriam Street, on Saturday,
September 21, 2019. The beer, wine, and alcohol will be served from 11:00 a.m. to 8:00 p.m.
Executive Session: Exemption 3: Collective Bargaining Update—Lexington Municipal Manager
Association (LMMA), Fire Union, and DPW Union
Upon a motion duly made and seconded by roll call, the Board of Selectmen voted 5-0 to go into
Executive Session under Exemption 3 for Collective Bargaining Update regarding the Lexington
Municipal Managers Association (LMMA), Fire and DPW Unions; and to reconvene in Open
Session only to adjourn. Further, Mr. Lucente declared that an open meeting discussion may have
a detrimental effect on the bargaining and negotiating positions of the Town.
Ms. Barry recused herself from the discussion under Exemption 3 as her husband is an employee
of the Town.
Adjourn
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 7:16 p.m.
A true record; Attest:
Stacey Pr1Z10
Department Assistant
Selectmen's Meeting
June 24, 2019
A meeting of the Lexington Board of Selectmen was called to order at 1:00 p.m. on Monday,
June 24, 2019 in the Selectmen's Meeting Room of the Town Office Building. Mr. Lucente,
Chair; Mr. Pato; Ms. Hai and Mr. Sandeen were present, as well as Ms. Axtell, Assistant Town
Manager and Ms. Prizio, Department Assistant.
Close RCN Telecom Services of Massachusetts, LLC Cable Television License Renewal Public
Hearin
Mr. Lucente explained that on Thursday, June 20, 2019, the Communications Advisory
Committee (CAC) opened the hearing for the purpose of hearing public comment regarding the
RCN license renewal. Upon no public comments made during the hearing, the CAC closed the
hearing allowing for written comments to be submitted until 1:00 p.m. on Friday, June 21, 2019.
No written comments were submitted.
Approve Proposed RCN Telecom Services of Massachusetts, LLC Cable Television Renewal
License
Dave Becker, a member of the Communications Advisory Committee and the negotiating
working group and Ken Pogran, Chair of the CAC, presented the proposed RCN Telecom
Services of Massachusetts, LLC Cable Television Renewal License.
Dawn McKenna, 9 Hancock Street, Chair of Tourism Committee, inquired if the cable
reconnection for the new Visitors Center will allow for a live broadcast. Mr. Pato confirmed that
a dedicated fiber link connection has been included in Exhibit 4 of the RCN Renewal License.
Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and sign
the proposed Cable Television Renewal License for RCN Telecom Services of Massachusetts,
LLC for the term July 1, 2019 through June 30, 2029 as presented.
Authorize Communications Advisory Committee to Begin Negotiating Process for the Verizon
New England Inc. Cable Television License Renewal
Ken Pogran, Chair of the Communications Advisory Committee, reviewed the plans for the
Verizon New England License Renewal. He explained that Verizon's cable television license with
the Town of Lexington expires on October 29, 2021. Verizon notified the Town on March 18,
2019 that they wish to renew their license, and this notification started the renewal process. Mr.
Pogran noted that the Town must begin preparation for negotiations within six months of Verizon's
notification.
Mr. Sandeen reiterated comments made by Ms. Barry from a previous meeting in regards to a
number of providers leaving cable wires hanging from the poles and not cleaning them up in a
timely manner. He is requesting that the cleaning up of dangling wires on Town poles be
incorporated as leverage in future negotiations.
Ms. Hai expressed concern with the aesthetic of double poles and would like to see this issue be
brought forward to providers in future negotiations.
Upon a motion duly made and seconded the Board of Selectmen voted 4-0 to authorize the
Communications Advisory Committee to begin the process of negotiating a renewal cable
television license with Verizon New England, Inc.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 4-0 to adjourn at 1:3 8 p.m.
A true record; Attest:
Stacey Prizio
Department Assistant