HomeMy WebLinkAbout2020-04-13 SB Packet - Released SELECT BOARD MEETING
Monday,April 13, 2020
Conducted by Remote Participation*
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 Select Board's Office at 781-698-
45 80 if they wish to speak during public comment to assist the Chairman in managing meeting times.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
TOWN MANAGER REPORT
ITEMS FOR INDIVIDUAL CONSIDERATION
1. C O VID-19 Update 7:10pm
• Discuss Strategies, Implementation and Community Response Actions
Related to C O VID-19 Guidelines and Directives
2. Discuss Extension of Property Tax and Interest Due Dates Due to State of 7:25pm
Emergency
3. 2020 Annual Town Meeting 7:35pm
. Article Discussions/Positions/Consent Agenda
4. Applications: Change of DBA- CFHP The Hangar, LLC d/b/a Revolution Hall 7:55pm
• Common Victualler License
• Liquor License
5. Review Draft Letter in Support of the Application to the All-American Road Scenic 8:00p m
Byway Designation
6. Select Board Committee Appointment 8:10pm
CONSENT AGENDA
1. Approve and Sign Proclamations
• National Public Safety Telec o mmunic ato rs Week
• National Library Week
• Arbor Day
ADJOURN
1. Anticipated Adjournment 8:25pm
*as per Executive Order regarding remote participation:
http s://www.mas s.gov/doc/op en-meeting-law-order-march-12-2020/download
Members of the public can view the meeting webinar from their computer or tablet by clicking on
the following link at the time of the meeting: https:Ilzoom.us/j432319042
Or listen to the meeting using one of the following (at the time of the meeting):
Whone one-tap:+13126266799„432319042# or +19294362866„432319042#
Or call on the Telephone: +1 312 626 6799 or +1 929 436 2866
Then enter Web inar I D:432 319 042
The next regularly scheduled meeting of the Select Board will be held via remote
participation on Monday,April 27, 2020 at 7:00pm.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and Leigeilad,
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
C O VID-19 Update
PRESENTER:TER• ITEM
S
NUMBER:
Jim Malloy, Town Manager
I.l
SUMMARY:
Update to Board on Public Health Information and Town Response Actions Related to COVID-19.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020 7:10pm
ATTACHMENTS:
Description Type
COVID-19 UPDATE
4/13/20
Updated public Health Information (as of 4/13/20):
• 137 Confirmed Cases in Town
Town/School/Community:
• All Town Offices continue to be closed with employees working remotely with the exception of the
Police Station (which remains open to the public). The Golf Course,Tennis Courts, Playgrounds and
all fields are closed to public use although parks remain open as does the bikeway&trails for
individuals using the recommended social distancing guidelines. No group sports events are allowed
and as the Board is aware, we've installed new signs at all parks/fields (both town/school). This
level of operation will remain in effect until the Governor rescinds or amends the emergency order.
• All restaurants and on premise license holders are closed except for take-out or delivery of food,
beer and wine. All daycare centers are closed until further notice from the Governor,the Board of
Health has issued an order closing personal care businesses and the State issued new guidance this
week limiting grocery stores to 40%of capacity. Lodging establishments may only be used for
essential reasons related to the current state of emergency.
• Construction activity around town has wound down as some contractors, businesses or individuals
have opted to temporarily halt construction and some unions are recommending their members
stay home. The Fire Station,Visitors Center and Center Recreation projects are continuing but with
smaller crews, using the state's best management practices. The Visitor's Center anticipated
completion date is 4/21. Town Counsel has advised that additional guidance may be forthcoming
from the State and that we should be prepared to act when appropriate.
• Town Staff—Town Departments are continuing to work remotely, responding to emails, processing
payments as well as accounts payable, payroll and all required permitting are continuing on an as
needed basis. We are conducting interviews to fill vacant positions using zoom meetings. We have
established policies related to any staff that become sick with COVID-19 during this pandemic and
established specific policies for first responders after negotiating with the two Police Unions and the
Firefighters Union (as a group). As stated in previous reports, we continue to pay staff their full rate
of pay.
• Town Meeting—We are continuing to prepare for a virtual Town Meeting which we anticipate will
be scheduled sometime in May. We are beginning to prepare presentations on those items that
have been identified as appropriate,to be posted online and through LexMedia so that Town
Meeting members still will have an opportunity to review those presentations without bogging
down a virtual Town Meeting with a large number of presentations that could otherwise have been
completed beforehand.
• Boards, Committees & Commissions—The following Boards, Committees & Commissions will
continue to meet (virtual meetings):
o Select Board
o Appropriation Committee
o Board of Assessors
o Board of Health
o Capital Expenditures Committee
o Conservation Commission
o Historic District Commission
o Planning Board
o School Committee
o Zoning Board of Appeals
o Retirement Board
o Historic Commission
o Neighborhood Conservation Districts (this has been added as they have statutory deadlines)
o The LexHab Board has requested to meet to discuss policy related to tenant's ability to pay
rent.
• We have arranged a date for a training for all other Boards and Committees and Select Board
Chair Doug Lucente and I will be working with the Chairs of these Boards/Committees on
protocols with the plan that they can resume meetings to deal with issues that require
immediate attention (there should still not be meetings if Boards/Committees can continue to
postpone).
• As of March 15, 2020,the Police Department has:
o Suspended all night parking enforcement
o Will be enforcing hazardous parking only
o Suspended all meter enforcement
o Suspended paid parking at the Depot Lot
• We continue to have a regular, conference call every M-W-F morning at 8 AM with the Senior
Management Team and Health Officials to review the change in the number of local cases and
discuss actions the Town is taking and to discuss any issues or concerns of various departments.
• Financial implications—During the week of 4/13,the Town Manager, Assistant Town Manager for
Finance, Deputy Town Manager and Budget Officer will begin reviewing the impact the virus is
having on the economy and related impact on the Town budgets for both FY20 & FY21.
• EL Harvey has indicated they will cease picking up bulky items on 4/9 until such time that the state
of emergency ends.
• As the Board is aware, I held a meeting that I dubbed a "Happy Hour with the Town Manager" which
had about 75 town staff on a zoom webinar that provided an opportunity for me to connect directly
with a large number of staff, let them know what the latest information we had and to provide the
an opportunity to ask questions and express any concerns or issues they were having. It also gave
me an opportunity to explain the expectations of staff working remotely. It was received favorably
and I've received a large number of requests to continue to do this on a regular basis until the state
of emergency is over. The next session has been scheduled at 4 PM on 4/16.
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COVID-19 UPDATE
4/13/20
Updated public Health Information (as of 4/10/20):
• 80 Confirmed Cases in Town (this was end of day 4/9, due to the increase in cases,this is the best
number available, an update will be provided on Monday).
Town/School/Community:
• All Town Offices continue to be closed with employees working remotely with the exception of the
Police Station (which remains open to the public). The Golf Course,Tennis Courts, Playgrounds and
all fields are closed to public use although parks remain open as does the bikeway&trails for
individuals using the recommended social distancing guidelines. No group sports events are allowed
and as the Board is aware, we've installed new signs at all parks/fields (both town/school). This
level of operation will remain in effect until the Governor rescinds or amends the emergency order.
• All restaurants and on premise license holders are closed except for take-out or delivery of food,
beer and wine. All daycare centers are closed until further notice from the Governor,the Board of
Health has issued an order closing personal care businesses and the State issued new guidance this
week limiting grocery stores to 40%of capacity. Lodging establishments may only be used for
essential reasons related to the current state of emergency.
• Construction activity around town has wound down as some contractors, businesses or individuals
have opted to temporarily halt construction and some unions are recommending their members
stay home. The Fire Station,Visitors Center and Center Recreation projects are continuing but with
smaller crews, using the state's best management practices. The Visitor's Center anticipated
completion date is 4/21. Town Counsel has advised that additional guidance may be forthcoming
from the State and that we should be prepared to act when appropriate.
• Town Staff—Town Departments are continuing to work remotely, responding to emails, processing
payments as well as accounts payable, payroll and all required permitting are continuing on an as
needed basis. We are conducting interviews to fill vacant positions using zoom meetings. We have
established policies related to any staff that become sick with COVID-19 during this pandemic and
established specific policies for first responders after negotiating with the two Police Unions and the
Firefighters Union (as a group). As stated in previous reports, we continue to pay staff their full rate
of pay.
• Town Meeting—We are continuing to prepare for a virtual Town Meeting which we anticipate will
be scheduled sometime in May. We are beginning to prepare presentations on those items that
have been identified as appropriate,to be posted online and through LexMedia so that Town
Meeting members still will have an opportunity to review those presentations without bogging
down a virtual Town Meeting with a large number of presentations that could otherwise have been
completed beforehand.
• Boards, Committees & Commissions—The following Boards, Committees & Commissions will
continue to meet (virtual meetings):
o Select Board
o Appropriation Committee
o Board of Assessors
o Board of Health
o Capital Expenditures Committee
o Conservation Commission
o Historic District Commission
o Planning Board
o School Committee
o Zoning Board of Appeals
o Retirement Board
o Historic Commission
o Neighborhood Conservation Districts (this has been added as they have statutory deadlines)
o The LexHab Board has requested to meet to discuss policy related to tenant's ability to pay
rent.
• We have arranged a date for a training for all other Boards and Committees and Select Board
Chair Doug Lucente and I will be working with the Chairs of these Boards/Committees on
protocols with the plan that they can resume meetings to deal with issues that require
immediate attention (there should still not be meetings if Boards/Committees can continue to
postpone).
• As of March 15, 2020,the Police Department has:
o Suspended all night parking enforcement
o Will be enforcing hazardous parking only
o Suspended all meter enforcement
o Suspended paid parking at the Depot Lot
• We continue to have a regular, conference call every M-W-F morning at 8 AM with the Senior
Management Team and Health Officials to review the change in the number of local cases and
discuss actions the Town is taking and to discuss any issues or concerns of various departments.
• Financial implications—During the week of 4/13,the Town Manager, Assistant Town Manager for
Finance, Deputy Town Manager and Budget Officer will begin reviewing the impact the virus is
having on the economy and related impact on the Town budgets for both FY20 & FY21.
• EL Harvey has indicated they will cease picking up bulky items on 4/9 until such time that the state
of emergency ends.
• As the Board is aware, I held a meeting that I dubbed a "Happy Hour with the Town Manager" which
had about 75 town staff on a zoom webinar that provided an opportunity for me to connect directly
with a large number of staff, let them know what the latest information we had and to provide the
an opportunity to ask questions and express any concerns or issues they were having. It also gave
me an opportunity to explain the expectations of staff working remotely. It was received favorably
and I've received a large number of requests to continue to do this on a regular basis until the state
of emergency is over. The next session has been scheduled at 4 PM on 4/16.
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss Extension of Property Tax and Interest Due Dates Due to State of Emergency
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.2
SUMMARY:
As the Board is aware, H. 4598 (Chapter 53 of the Acts of 2020)provides the option for the Chief Executive
Officers (in this case, the Select Board)to determine whether to provide extensions on property tax due date to
June 1; to delay the exemption and deferral date to June 1 and to waive interest for late payments after 3/30 to
6/30(includes property taxes due on June 1).
The motions have been included as three separate motions for the Board's consideration of each item
separately, however, should the Board support all three options, the motion could be combined into a single
motion.
SUGGESTED MOTION:
Move to approve Section 10(a)(i)of Chapter 53 of the Acts of 2020 delaying the due date for property tax bills
to be due from May 1 to June 1.
Move to approve Section 10(a)(iv) of Chapter 53 of the Acts of 2020 delaying the due date for tax exemption
and deferral applications from April 1 to June 1.
Move to approve Section 11 of Chapter 53 of the Acts of 2020 waiving interest and penalties for late payments
of any excise, tax, betterment assessment, water or sewer use or other charges with a due date on, or after
March 10, 2020, made after the respective due date but before June 30, 2020.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020 7:25pm
ATTACHMENTS:
Description Type
F) Merno Ower Mario
F) Ch.aptler 53 ofActs of'2020 Gwer Men-K)
F) INS Bulletin#I CI)v(-.r Merno
F) 1'.X..S.Bulletin.#2 Gwermllerru
1 75'
y Town o Lexington
� Comptroller's Office
Vl
ell
, JI
Carolyn Kosnoff, Assistant Town Manager for Finance Phone: (781) 698-4622
Fax: (781) 861-2794
ckosnoff(.)lexin tonma.gov
TO: Lexington Select Board; Jim Malloy, Town Manager
FROM: Carolyn Kosnoff, Assistant Town Manager for Finance; Arnold Lovering, Treasurer
Collector; Robert Lent, Assessor
DATE: April 9, 2020
RE: COVID-19 Municipal Relief Bill
The State of Massachusetts recently passed legislation for the relief of COVID-19 pandemic
related challenges facing municipalities. This legislations allows the municipal chief executive,
in Lexington's case, the Select Board, to elect certain provisions of the law that will provide
financial relief to residents and taxpayers. These options are summarized below.
A. Delay Property Tax Due Date to June 1, 2020: Section 10(a)(i) allows the Select Board to
delay the due date for fourth quarter municipal property tax bills, including the interest
accrual date from May 1 to June 1. After June 1, 2020 unpaid property taxes will accrue
interest. If the Select Board also accepts Section 11, the Treasurer may waive the interest on
property tax bills for an additional month to June 30, 2020.
Lexington's fourth quarter 2020 tax bills have already been mailed with a due date of May 1.
If section I0(a)(i) is adopted, the Collector's office will delay the interest date in our
accounting system and the Town will communicate the extension of the due date via the
Town website and social media. (On April 7 the department of Local Services issued
bulletin BUL-2020-3 that clarifies that municipalities do not need to mail notices of the
extension to each individual taxpayer,but may post notices as noted above).
B. Delay Tax Exemption and Deferral Application Deadline to Date to June 1, 2020:
Section 10(a)(iv) allows the Select Board to delay the due date for tax exemption and deferral
applications from April 1 to June 1. This does not extend the deadline for value based
abatements which were due on February 1.
Note that the Board of Assessors has 90 days from the date of an application to notify an
applicant for their acceptance or rejection. The Board of Assessors will continue to make
best efforts to decide on applications before the end of fiscal year 2020.
C. Extension of Due Dates Due to Office Closure: Section 10(b) will require exemption and
deferral applications and all payments be submitted to the Town by the new deadlines noted
above regardless of whether or not the Town Offices are open to the public on that date.
1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420
Under normal circumstances, if the Town Offices were closed to the public the due date
would be automatically extended until the offices were reopened.
The Town has the ability to accept online payments, as well as payments or applications by
U.S mail or by dropping them in the payment box located in the circle in front of the Town
Office Building. Town staff continues to monitor all of these delivery methods on a daily
basis.
D. Waive Interest and Penalties for Late Payments made on or after March 10, 2020 but
before June 30, 2020: Section 11 allows the Select Board to waive interest and penalties for
late payments of any excise, tax, betterment assessment, water or sewer use or other charges
with a due date on, or after March 10, 2020, made after the respective due date but before
June 30, 2020. This includes property taxes as noted in section 10(a)(i). If payments are not
made by June 30, 2020 interest will accrue starting from the due date of the bill.
Water and sewer liens and other unpaid assessments were added to the third quarter(actual)
tax bill which was due on February 1, 2019. If those amounts remain unpaid they will
continue to accrue interest during the relief period.
In regards to utilities, the Town of Lexington does not terminate essential services for non-
payment and does not make determinations of ability to pay. Delinquent payments are added
as liens to the annual tax bills.
The Town's finance staff advises the Select Board that all of the items below are feasible from
an administrative perspective and are supportive of adopting these changes.
Session Law -Acts of 2020 Chapter 53 Page 1 of 9
Acts (2020)
Chapter 53
AN ACT TO ADDRESS CHALLENGES FACED BY
MUNICIPALITIES AND STATE AUTHORITIES
RESULTING FROM COVID-19.
Whereas, The deferred operation of this act would tend to defeat its purposes, which are to
make certain changes in law in response to a public health emergency, each of which is
immediately necessary to carry out to accomplish important public purposes, therefore it is
hereby declared to be an emergency law, necessary for the immediate preservation of the
public health and convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same, as follows:
SECTION 1. Section 9 of chapter 39 of the General Laws, as appearing in the 2018 Official
Edition, is hereby amended by striking out, in lines 13 to 14, the word"thirtieth" and inserting
in place thereof the following words:- 30 except in the event of an emergency that poses an
immediate threat to the health or safety of persons or property that prevents the completion of
the business of the delayed town meeting on or before June 30 if the governor has declared a
state of emergency with respect to such emergency.
SECTION 2. Subsection (a) of section 10A of said chapter 39, as so appearing, is hereby
amended by striking out the first sentence and inserting in place thereof the following 2
sentences:-Notwithstanding any general or speciallaw, charter provision or by-law to the
contrary, during and for a period of 5 days after the termination of any weather-related, public
safety or public health emergency, the town moderator or person designated to perform the
duties of town moderator may, in consultation with local public safety or public health officials
and the board of selectmen, recess and continue a town meeting previously called pursuant to a
warrant issued pursuant to section 10 to a time, date and place certain; provided, however, that
any such recess and continuance period shall not exceed 30 days. The moderator or person
designated to perform the duties of town moderator may renew the declaration of recess and
https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter53 4/9/2020
Session Law - Acts of 2020 Chapter 53 Page 2 of 9
continuance period for up to 30 days at a time but not more than 30 days following the date of
rescission of a state of emergency declared by the governor. If a town does not have a
moderator, the board of selectmen may recess and continue town meeting in accordance with
this paragraph.
SECTION 3. Said section l0A of said chapter 39, as so appearing, is hereby further amended
by striking out subsection (c).
SECTION 4. Said section l0A of said chapter 39, as so appearing, is hereby further amended
by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) Within 10 days after the initial declaration of recess and continuance of a town meeting
pursuant to this section, a local public safety or public health official designated by the board
of selectmen shall submit a report to the attorney general providing the justification for the
declaration.
SECTION 5. The first paragraph of section 31 of chapter 44 of the General Laws, as so
appearing, is hereby amended by inserting after the second sentence the following 2
sentences:- If the declared emergency prevents the adoption of an annual budget by a town or
district by the June 30 preceding the start of the fiscal year, the board of selectmen, town
council or district commissioners shall notify the director and the director may approve
expenditures, from any appropriate fund or account, of an amount sufficient for the operations
of the town or district during the month of July not less than 1/12 of the total budget approved
by the town or district in the most recent fiscal year pursuant to a plan approved by the board
of selectmen, town council or district commissioners and such authority shall continue for each
successive month while the emergency continues to prevent the adoption of a budget. The
director may promulgate and revise rules or regulations regarding the approval of emergency
expenditures described in this section and accounting with regard to such expenditures.
SECTION 6. Notwithstanding any general or special law to the contrary, if the adoption of an
annual budget in a city, town or district is delayed beyond June 30, 2020, as a result of the
governor's March 10, 2020 declaration of a state of emergency or the outbreak of the 2019
novel coronavirus, also known as COVID-19, the director of accounts of the department of
revenue may authorize the appropriation from the available balance of the city's, town's or
district's undesignated fund balance or"free cash" certified by the director under section 23 of
chapter 59 of the General Laws as of July 1, 2019, as a funding source for the city's, town's or
district's fiscal year 2021 expenditures, including, but not limited to, any such undesignated
fund balance in an enterprise fund or special revenueaccount. The director of accounts may
promulgate and revise rules or regulations regarding the implementation of this section.
SECTION 7. Notwithstanding section 31 of chapter 44 of the General Laws, section 23 of
chapter 59 of the General Laws or any other general or special law to the contrary, a city, town
or district may amortize over fiscal years 2021 to 2023, inclusive, in equal installments or more
https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter53 4/9/2020
Session Law - Acts of 2020 Chapter 53 Page 3 of 9
rapidly, the amount of its fiscal year 2020 deficit resulting from the outbreak of the 2019 novel
coronavirus, also known as COVID-19, as described in the governor's March 10, 2020
declaration of a state of emergency, including, but not limited to, any such deficit in an
enterprise fund or special revenue account. The local appropriating authority as defined in
section 21 C of said chapter 59 and, in the case of a district, the prudential committee or
commissioners, or as otherwise defined in the General Laws, shall adopt a deficit amortization
schedule in accordance with the preceding sentence before setting the city's, town's or
district's fiscal year 2021 tax rate. The commissioner of revenue may issue guidelines or
instructions for reporting the amortization of deficits authorized by this section.
SECTION 8. Notwithstanding any general or special law to the contrary, as a result of the
outbreak of the 2019 novel coronavirus, also known as COVID-19, and the governor's March
10, 2020 declaration of a state of emergency, for fiscal year 2021, a city or town may expend
from each revolving fund, established under section 53E 1/2 of chapter 44 of the General Laws
an amount not to exceed the amount authorized to be expended in fiscal year 2020 until the city
or town adopts an annual budget for fiscal year 2021 at which time, the legislative body of the
city or town shall also vote on the total amount that may be expended from each revolving fund
in fiscal year 2021.
SECTION 9. Notwithstanding section 8 of chapter 61 of the General Laws, section 14 of
chapter 61 A of the General Laws, section 9 of chapter 61 B of the General Laws or any other
general or special law, charter provision, ordinance or by-law to the contrary, during and for a
period of 90 days after the termination of the governor's March 10, 2020 declaration of a state
of emergency, all time periods within which any municipality is required to act, respond,
effectuate or exercise an option to purchase shall be suspended.
SECTION 10. (a)Notwithstanding any general or special law to the contrary, as a result of the
outbreak of the 2019 novel coronavirus, also known as COVID-19, and the governor's March
10, 2020 declaration of a state of emergency, for fiscal year 2020, the chief executive officer of
a city or town, as defined in clause Fifth B of section 7 of chapter 4 of the General Laws, or a
district may extend:
(1) for the purposes of the first paragraph of section 57 of chapter 59 of the General Laws, the
date May 1 to a date not later than June 1, 2020;
(ii) for the purposes of the seventh and eighth paragraphs and the tenth and eleventh paragraphs
of section 57C of said chapter 59, the date May 1 to a date not later than June 1, 2020;
(iii) for the purposes of the seventh paragraph of said section 57C of said chapter 59, the date
April 1 to a date not later than June 1, 2020; and
(iv) for the purposes of the third paragraph of said section 59 of said chapter 59, the date April
1 to a date not later than June 1, 2020.
https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter53 4/9/2020
Session Law - Acts of 2020 Chapter 53 Page 4 of 9
(b)Notwithstanding said sections 57, 57C and 59 of said chapter 59 or any other general or
special law to the contrary, if municipal offices are closed as a result of the outbreak of the
2019 novel coronavirus, also known as COVID-19, or the governor's March 10, 2020
declaration of a state of emergency on the date that a tax payment, abatement or exemption
application is due, the due dates shall not be extended except pursuant to this section.
SECTION 11. Notwithstanding section 57, 57A and 57C of chapter 59 of the General Laws,
section 2 of chapter 60A of the General Laws or any other general or special law to the
contrary, as a result of the outbreak of the 2019 novel coronavirus, also known as COVID-19,
or the governor's March 10, 2020 declaration of a state of emergency, the chief executive
officer of a city or town, as defined in clause Fifth B of section 7 of chapter 4 of the General
Laws, or the prudential committee or commissioners of a district may waive the payment of
interest and other penalty in the event of late payment of any excise, tax, betterment assessment
or apportionment thereof, water rate or annual sewer use or other charge added to a tax for any
payments with a due date on or after March 10, 2020 and made after its respective due date but
before June 30, 2020. Notwithstanding the forgoing, a city or town shall not terminate an
essential service of a resident, including, but not limited to, water, trash collection or
electricity, for nonpayment of taxes or fees with a due date on or after March 10, 2020, made
after its respective due date but before June 30, 2020, if the nonpayment resulted from a
demonstrated inability to pay due to circumstances related to the outbreak of COVID-19 or the
governor's March 10, 2020 declaration of a state of emergency; provided that the inability to
pay shall include a demonstrated financial hardship of a resident, which may include, but not
be limited to, loss of employment, serious illness of someone within the home or death of
someone within the home.
SECTION 12. Notwithstanding chapter 62C of the General Laws, all returns and payments for
the 2019 calendar year otherwise due on April 15, 2020, under section 6 of said chapter 62C,
shall be due on July 15, 2020.
SECTION 13. Notwithstanding any general or special law to the contrary, during the
governor's March 10, 2020 declaration of a state of emergency, an establishment licensed to
sell alcoholic beverages or only wines and malt beverages on-premises may sell wine or malt
beverages only for off-premises consumption subject to the following conditions: (i) the wine
or malt beverage shall not be sold to a person under 21 years of age; provided, however, that
any delivery of wine or malt beverages for off-premises consumption shall not be made
without verification that the person receiving the order has attained 21 years of age; (11) the
wine shall be sold in its original, sealed container and the malt beverage shall be sold in a
sealed container; (iii) the wine or malt beverage shall be sold as part of the same transaction as
the purchase of food; provided, however, that any order that includes wine or malt beverages
https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter53 4/9/2020
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shall be placed not later than the hour of which the establishment is licensed to sell alcohol or
12:00 midnight, whichever time is earlier; and(iv) a customer shall be limited to 192 ounces of
malt beverage and 1.5 liters of wine per transaction.
SECTION 14. (a)Notwithstanding any general or special law to the contrary, subsections (b)
and(c) of section 91 of chapter 32 of the General Laws shall not apply in calendar year 2020 to
the following 2 categories of persons for hours worked and earnings received during the
governor's March 10, 2020 state of emergency:
(i) any person who has been retired and who is receiving a pension or retirement allowance,
pursuant to said chapter 32 or any other general or special law, from the commonwealth or a
county, city, town, district or authority; or
(ii) any person whose employment in the service of the commonwealth or a county, city, town,
district or authority has been terminated, pursuant to said chapter 32 or any other general or
special law, by reason of having attained an age specified in said general or special law or by
the rules and regulations of any department or agency of the commonwealth or a county, city,
town, district or authority without being entitled to any pension or retirement allowance.
These 2 categories of persons may, during the state of emergency and subject to all other laws,
rules and regulations governing the employment of persons in the commonwealth or a county,
city, town, district or authority, be employed in the service of the commonwealth or a county,
city, town, district or authority, including as a consultant or independent contractor or as a
person whose regular duties require that such person's time be devoted to the service of the
commonwealth, county, city, town, district or authority during regular business hours.
(b) This section shall not apply to individuals retired under a general or special law on
disability.
SECTION 15. Notwithstanding section 7.08 of chapter 156D of the General Laws or any other
general or special law to the contrary, as a result of the outbreak of the 2019 novel coronavirus,
also known as COVID-19 and the declaration of a state of emergency issued on March 10,
2020, for the duration of said state of emergency and 60 days thereafter, a public corporation,
as referenced in said section 7.08 of said chapter 156D and otherwise consistent with the other
provisions of said section, may conduct an annual or special meeting of the shareholders solely
by means of remote communication.
SECTION 16. Notwithstanding any general or special law or any bylaw of the corporation to
the contrary, for the duration of the governor's March 10, 2020 state of emergency and 60 days
thereafter and unless the articles of organization provide otherwise, the board of directors of a
corporation defined in section 2 of chapter 180 of the General Laws may: (i) provide notice of
a meeting of the board of directors: (A) only to those directors it is practicable to reach; and
(B) in any practicable manner; (ii) cancel a meeting of the members, as defined in section 2 of
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said chapter 180, with notice of cancellation given in any practicable manner; (iii) allow a
director or officer to continue to serve during the governor's March 10, 2020 state of
emergency and until the director's or officer's successor is elected, appointed or designated;
provided that directors and officers whose term is extended pursuant to this section shall
continue to serve until the director's or officer's successor takes office, despite the expiration
of a director's or officer's term; (iv) allow a director to participate in a regular or special
meeting by, or conduct the meeting through the use of, any means of communication by which
all directors participating are able to simultaneously communicate with each other during the
meeting; (v) allow members at a meeting of the members to vote in person or by proxy;
provided that any member voting by proxy shall be considered present at the meeting for
purposes of any quorum requirement; (vi) appoint successors to any of the officers, directors,
employees or agents; (vii) relocate the principal office or designate alternative offices; and
(viii) allow members to participate in any meeting of members by remote participation, even if
not physically present at the meeting. Participation by remote communication at any meeting
of the members shall constitute presence at such meeting only if: (i) reasonable measures are
implemented to verify that each person deemed present and permitted to vote at the meeting by
means of remote communication is a member or proxyholder; (ii) reasonable measures are
implemented to provide such members and proxyholders a reasonable opportunity to
participate in the meeting and to vote on matters submitted to the members, including an
opportunity to read or hear to the proceedings of the meeting substantially concurrently with
such proceedings,pose questions and make comments, regardless of whether the members can
simultaneously communicate with each other during the meeting; and (iii) if any member or
proxyholder votes or takes other action at the meeting by means of remote communication, a
record of such vote or other action shall be maintained by the corporation.
Directors who participate in a meeting of the board of directors pursuant to this section shall
constitute a quorum. In a corporation with members, the corporation shall notify the members,
as soon as reasonably practicable, of any action taken by the board of directors pursuant to this
section.
SECTION 17. (a) As used in this section, the following words shall have the following
meanings unless the context clearly requires otherwise:
"Permit", a permit, variance, special permit, license, amendment, extension, or other approval
issued by a permit granting authority pursuant to a statute, ordinance, bylaw, rule or regulation,
whether ministerial or discretionary.
"Permit granting authority", a local, district, county or regional official or a local, district,
county or regional multi-member body that is authorized to issue a permit.
(b)Notwithstanding any general or special law, rule, regulation, charter, ordinance or by-law to
the contrary, during the governor's March 10, 2020 declaration of a state of emergency:
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(i) an application for a permit shall be deemed duly filed and accepted as of the date of the
filing by the applicant if filed with and certified as received by the city or town clerk if a
municipality, or with the secretary or other official established by law to receive such
applications if a county or regional entity. Notwithstanding the foregoing, a permit granting
authority may contest the completeness of an application at the time of filing if the application
is ultimately denied by the permitting board on other grounds or if the permit is ultimately
appealed by the applicant. An application for a permit may be filed electronically, through an
electronic submission website established by the permit granting authority or through
attachment of the requisite forms and supplemental materials to electronic mail sent to the
clerk, secretary or official. Certification of receipt for purposes of this paragraph may be
provided electronically to the applicant and shall be provided electronically if the permit
application is submitted electronically and electronic certification of receipt is requested by the
applicant;
(ii) a requirement of a statute, ordinance, bylaw, rule or regulation that a hearing commence
within a specific period of time after the filing of an application or request for approval of a
permit shall be suspended as of March 10, 2020; provided, however, that the applicable period
shall resume 45 days after the termination of the state of emergency, or by a date otherwise
prescribed by law, whichever is later;
(iii) a permit in effect or existence as of March 10, 2020, including any deadlines or conditions
of the permit, shall not lapse or otherwise expire and the expiration date of the permit, or time
period for meeting a deadline or for performance of a condition of the permit, shall toll during
the state of emergency;
(iv) no permit shall be considered granted, approved or denied, constructively or otherwise,
due to a failure of the permit granting authority to act within the time required by a statute,
ordinance,bylaw, rule or regulation; provided, however, that the permit granting authority acts
within 45 days of the termination of the state of emergency or by a date otherwise prescribed
by law, whichever is later; provided further, that the applicant and permit granting authority
may agree to alternative timing in writing;
(v) notwithstanding the time periods by which a permit is to be heard or acted upon, a permit
granting authority may,by a declaration of its chair, schedule or reschedule on 1 or more
occasions the hearing or decision deadlines on a permit application; provided, however, that
the chair may make such declaration whether or not a quorum is present to vote on such matter;
provided further, that no such date or deadline is rescheduled for more than 45 days after the
termination of the state of emergency or after a date otherwise prescribed by law, whichever is
later. The chair shall provide written notice of any applicable rescheduled dates or deadlines to
the applicant at the applicant's address and to the general public by posting electronically on
the website of the city or town clerk or the website of the county or regional entity;
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(vi) if a permit is required to be recorded with the registry of deeds or filed with registry
district of the land court, as applicable, for the county or district in which the property subject
to the permit is located, within a certain period of time after its issuance in order to remain in
force and effect or as a condition to exercising the permit: (A) the period of time for recording
the permit shall be suspended during such time that the relevant registry of deeds or registry
district of the land court is closed or subject to rules and procedures restricting public in-person
access; and(B) the failure to record the permit shall not preclude the permit holder from
applying for, obtaining and commencing construction activities pursuant to other required
permits and approvals, including, but not limited to, a building permit; provided, however, that
such a building permit may be issued and, if issued, shall be considered duly issued pursuant to
section 6 of chapter 40A of the General Laws; and
(vii) a hearing on a pending application for a permit opened by a permit granting authority
before March 10, 2020, which has not been concluded as of March 10, 2020 or has been
continued by the permit granting authority as of March 10, 2020, shall be automatically tolled
and continued to the first hearing date of the permit granting authority following the
termination of the state of emergency or to a date otherwise prescribed by law, whichever is
later; provided, however, that the date is not later than 45 days from of the termination of the
state of emergency or the date otherwise prescribed by law, whichever is later.
(c)Nothing in this section shall affect the ability of a permit granting authority, subject to
applicable notice and hearing requirements, to revoke or modify a permit if that permit or the
law or regulation under which the permit was issued authorizes the modification or revocation
thereof; provided, however, that the permit granting authority shall not revoke or modify the
permit where the permit holder fails as a result of the state of emergency to exercise or
otherwise commence work pursuant to the permit or where such work commenced on or before
March 10, 2020 but has stopped as a result of the state of emergency or actions taken by an
agency or political subdivision of the commonwealth in reliance thereon. The limitations set
forth in this subsection shall apply as long as the state of emergency is in effect and for a
period of 60 days following the termination of the state of emergency; provided, however, that
a permit holder shall be entitled to a further extension of reasonable length to exercise or
otherwise commence work pursuant to the permit at the discretion of the permit granting
authority for good cause shown; provided further, that the chair of any permit granting
authority may grant such further extension whether or not a quorum is present to vote on the
matter.
(d)Notwithstanding section 20 of chapter 30A of the General Laws, a permit granting
authority, during the state of emergency, may conduct meetings and public hearings remotely,
consistent with the governor's March 12, 2020 order entitled, "Order Suspending Certain
Provisions of the Open Meeting Law, G.L. c. 30A, § 20", as the order may be amended,
supplemented or replaced.
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(e)Nothing in this section shall preclude or prohibit a permit granting authority from issuing
decisions on permit applications for which duly held public hearings or meetings have been
held or preclude or prohibit any building commissioner, inspector of buildings or other permit
granting official, as applicable, from issuing permits, including, but not limited to, demolition
or building permits.
(f)Notwithstanding any general or special law to the contrary and without limiting the
foregoing, this section shall apply to the conduct of public meetings, public hearings or other
actions taken in a quasi-judicial capacity by all local boards and commissions.
SECTION 18. Nothing in this act shall be construed or implemented in such a way as to
modify a requirement of law necessary to retain federal delegation to, or assumption by, the
commonwealth of the authority to implement a federal law or program.
SECTION 19. Sections 2 to 4, inclusive, shall take effect as of March 10, 2020.
Approved, April 3, 2020.
https://malegislature.gov/Laws/SessionLaws/Acts/2020/Chapter53 4/9/2020
hGeoffrey Snyder
rID L S
Commissioner of Revenue
Cronin.Scan R.
p� DIVISION OF LOCAL,SERVICES,
�'I �aw� � r 1 ryw T 0 � R ,� � G gin.. Commissioner
Bulleb..n
An Act to Address ChallIRDqes
TO: Local Officials
FROM
Bureau of Municipal Finance Law
® Patricia Hunt, Chief,
DATE:
April
2020
7
SUBJECT: An Act to Address Challenges Faced by Munm1cm1palmitmies and State Authodbes
This Bulletin provides guidance to local officials regarding changes in municipal finance laws
included in An Act to Addimss Cl�ialle
iilr`I..........................................................................................................................................................................................................................................................................................................................................................................................,� % �������" ,,,�,......:::f.................................................................................................................................................. ........... �a iiirl iiii � iiii........................... �µ,� iii�iiii ,, iiir-, ,,,, ,,, rii iii7iiiiii i i ��
II
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Section.................................................................................................................................................................................................................................j..............9 U.2� ..!!qf 5 3..............o..................................................................................................................................................................................................................................................................., (the Act). Unless otherwise noted below, these
changes became effective on April 3, 2020, upon Governor Baker's signing the Act into law.
1. Town Meet'ing Delays
A. Power of Boards of Selectmen and Town Counc'11s to Delay Annual Town Meet'ing
meeting must take place during the months of February, March, April, May or June; however, a
board of selectmen or town council, by vote, could delay the annual town meeting as long as the
town meeting completed its business on or before June 30th. Section 1 adds the following
exception to the June 30th deadline "in the event of an emergency that poses an immediate threat
to the health or safety of persons or property that prevents the completion of the business of the
delayed town meeting on or before June 30 if the governor has declared a state of emergency with
respect to such emergency.))
This exception is available, if necessary, to towns that must delay their town meetings beyond
June 30, 2020 due to the COVID-1 9 outbreak and the declaration of a state of emergency by the
governor. Towns are advised to consult with their local counsel regarding the form of vote.
See Section I-B of this Bulletin for recess and continuation of town meetings by a town moderator
where the town meeting warrant has already been issued.
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B. Power of Moderator to Cont'inue Scheduled Town Meet'ings 'in Event of Public Health
Emergency (Apipficaflon to Dmistirmicts)
Sections 2 thr2Uqhj2jjbR.A2t - These sections amend .,.,,.,,,,.,,,.,.,.,.Icl.,,.,.,.1.131.191.,,,-,--§---l-O-,A, byadding 99 public
health as emergencies as a reason for a moderator to recess and continue town meetings already
scheduled by warrant. Prior to the amendment, section 1 OA applied to weather-related and public
safety ® Under the amended section 1 OA, during and for a period of five days after a
weather-related, public safety or ggtUq�emergency, a town moderator may, in consultation
with public safety or public health officials and the board of selectmen, declare a recess and
contInuance of the town meeting to another time, date and place certain; however, the continuance
is limited to a period of 30 ® There are notice, posting and other requirements regarding the
time, date and place of the recessed and continued meeting. Additionally, within 10 days after the
initial declaration by the moderator of recess and continuance, a local public safety or public health
official designated by the board of selectmen must submit a report to the Attorney General
providing the justification for the moderation's continuance.
These amendments also clarify that a moderator may invoke section 1 CIA more than once to
recess and continue a town meeting during the same emergency; however, each continuance
period must not exceed 30 days and the moderator may not continue the meeting more than 30
days after the rescission of the declaration of emergency by the governor. Additionally, if a town
does not have a moderator, the board of selectmen may recess and continue the town meeting
under the amended section 1 OA.
Under G.1 c,,. 4-1., 1,9 and c,,. 4,8, 66. (fire districts only), the moderator of a district meeting has
the powers of a moderator of a town meeting. As a result, a district moderator may recess and
continue scheduled district meetings under Gw um 39, '10A. For purposes of section 119, a
.......................................................................district means a fire, water, sewer, water pollution abatement, refuse disposal, light, or
improvement district, or any other district formed for the purpose of carrying out any of these
functions, whether established under general law or special ® G.1
Because several town moderators had already invoked Section 10A to recess and continue a
scheduled town meeting due to the outbreak of COVID-1 9, the amendments to section 1 OA were
made retroactive to March 10) 2020. (See Section 19 of the Act.)
III. Emergency L'Iab'fflffiles 'in Excess of Appropirmiatffilon mif the COVID-19 Emergency
Prevents the Adoption of an Annual Budget
Section 5 of the Act - Under G.1 ,. c. 44,
.........................................................................
® ..I., no department financed by municipa revenue, or
in whole or in part by taxation, of any cty, town or special purpose district, except Boston, may
incur liabilities in excess of appropriation 99 ex cases o irria,,J'oir ldiisasteir, jdiiii rlig, b inot
i irr� te d to f�ood, ldiirlougi�t, i rr�i� Eli s toiirl,iiTli oiirl' o'�t��i&rl� ca tas ti 1 ra
oiiirl'lo�tl,�ieirwiisel) poses airi to t[�Iie oir sa��fe�ty o�f�pe�i�lsoiiirl'is aiiir'lid
te �rles���,)ec�l� Ix,�C�llie�ri lo��rf��y u�po�ri a de6�4�rl�a�tio�n by I:Ihe ove�rrio��rl� lo�f a sta o t��ie
iiiii
................)) On March 10, 2020, the Governor declared a state of emergency regarding® As a result, cities, towns and special purpose districts may, with the approval of the Director of
Accounts (director) of the Division of Local Services (DLS), expend from any available funds in the
treasury in relation to the emergency without an appropriation by following the procedure described
in Bulletin 202011.1-111.
Section 5 amends G.1 C.. 4-4, by inserting the following:
If the declared emergency prevents the adoption of an annual budget by a town
or district by the June 30 preceding the start of the fiscal year, the board of
selectmen, town council or district commissioners shall notify the director and the
director may approve expenditures, from any appropriate fund or account, of an
amount sufficient for the operations of the town or district during the month of
July not less than 1/12 of the total budget approved by the town or district in the
most recent fiscal year pursuant to a plan approved by the board of selectmen,
town council or district commissioners and such authority shall continue for each
successive month while the emergency continues to prevent the adoption of a
budget. The director may promulgate and revise rules or regulations regarding
the approval of emergency expenditures described in this section and accounting
with regard to such expenditures.
This amendment will allow deficit spending, with the approval of the director, on a month-to-month
basis in fiscal year 2021 if the town or district was prevented from adopting a budget for fiscal year
2021 due to Governor Baker's Declaration of Emergency issued on March 10, 2020. Additional
guidance will be issued by the director, like that contained in Bulleti�rl 2020-.01., that will explain the
procedure to follow to obtain the director's approval to deficit spend under this provision.
111111. D'Irector's Author'Ity to Allow Appropriations after June 30, 2020 from Free Cash
Cert'ified as of July 1, 2019
Section 6 of the Act provides:
"...[I]f the adoption of an annual budget in a city, town or district is delayed beyond
June 30, 2020, as a result of the governor's March 10, 2020 declaration of a state of
emergency or the outbreak of the 2019 novel coronavirus, also known as COVID-1 9,
the director of accounts of the department of revenue may authorize the
appropriation from the available balance of the city's, town's or district's
undesignated fund balance or "free cash" certified by the director under section 23 of
chapter 59 of the General Laws as of July 1, 2019, as a funding source for the city's,
town's or district's fiscal year 2021 expenditures, including, but not limited to any
such undesignated fund balance in an enterprise fund or special revenue
account....
Ordinarily, under G.1 c,,. 59_,..§...;Z, I I
.3, appropriations from certified free cash may on y be made unti
the June 30th following its July 1 certification date. As a result, free cash certified by the director as
of July 1, 2019 is available for appropriation only up to and including June 30, 2020. This section
allows the director to authorize the appropriation from free cash certified as of July 1, 2019 after
June 30, 2020 where the city, town or district has been prevented from adopting its FY 2021
annual budget by June 30, 2020 due to the Governor's March 10, 2020 declaration of a state of
emergency or the outbreak of the 2019 novel coronavirus. Once a city, town or district can meet
and adopt its FY 2021 budget, this section will allow the director to permit appropriations from free
cash certified as of July 1, 2019 as a funding source for its FY 2021 expenditures. Pursuant to
Section 6, the director will issue additional guidance regarding the implementation of this provision.
3
IV. Amortization of DeficIt Result'ing from COVID-19 Over a Three-year Period
Section 7 of the Act - Under G.1 c,. 44 § deficit expenditures not otherwise provided for
must be funded in full when setting the tax rate for the next fiscal year. Section 7 of the Act permits
the amortization over a three-year period of the amount of a city, town or district's fiscal year 2020
® resulting from the outbreak of the 2019 novel coronavirus also known as COVID-1 9, as
described in the governor's March 10, 2020 declaration of a state of emergency. This applies to
both expenditure deficits and revenue deficits related to the emergency. Examples of revenue
deficits that could result from the emergency are reduced meals tax and room occupancy
® This legislation is similar to St. 201.5 which, due to the extreme snow
removal costs incurred the previous winter, permitted amortization of snow and ice expenditure
deficits over three years. Again, the director will issue additional guidance on the implementation of
this section.
V. Cont'inuat'lon of Expend'iture Authorization for Departmental RevolvIng Funds under
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i c 11. 4.4 11.1.la§ I , In FY 2021.61.1.153 1�� 112 1
Section 8 of the Act Under G.1 c. 44., a city or town may authorize by bylaw or
.........................................................................ordinance one or more revolving funds and must annually before July 1 vote the limit on the total
iuuiuuiuuiuuiuuiuuiuuiuuluuluu
amount that may be expended from each revolving account. Section 8 of the Act allows the
contInued expenditure in FY 2021 from these departmental revolving funds at the same level of
expenditure authorized by the city or town for FY 2020 until the city or town adopts its FY 2021
annual budget at which time the legislative body of the city or town must adopt the FY 2021
expenditure limits for each departmental revolving fund.
V1. Suspension of Time Period for CItIes and Towns to Exercise RIght of FIrst Refusal to
Purchase Lands ClassIfied under G.L. c. 61, 61A and 61 B
Section 9 of the Act - Section 9 suspends the time periods that require a city or town to 99 act,
respond, effectuate or exercise an option to purchase)) under G.1 c. 61, Q.12�-
and
The suspension is during and for a period of 90 days after the termination of the governor's
March 10, 2020 declaration of a state of emergency. If a city or town receives notice of intent to
convert or sell classified land during this period, we advise that local counsel be contacted for
advice.
VII. Due Dates of Real and Personal Property Tax B'111s and Applications for Exemptions
and Waiver of Interest on Certamin Late Payments
Sections 10 and 11 of the Act include several provisions regarding local tax bills.
A. Local Option to extend the Due Dates of Property Tax BIlls
Sections 12LqjLi-Ffi include a local option to extend the due dates of property tax bills under G.1
.1117 and 5117C from April 1, 2020 (for semi-annual billing communities with annual
preliminary bills) or May 1 1 2020 to a date not later than June 1 , 2020. This local option applies to
semi-annual tax billing communities and quarterly tax billing communities. The local option is
exercised by o��'lf"���ce��rl' o�f a 6��ty, �tlow�ri d ct,,,. ...........I ��lie offliceiii" iiiiis a
��ri a 6i�ty t��ie boa��rld o�f a towiri soiiirl,ne 1i IrT offllce iiiii s
des i(], to be tlie 6��ie�f exe(,,�Al ftiV(E.`l O`f''fliCE)t ir u iiirl'i deiiir- t 'lie o�f a a
61,i���e��f el.xect e' oll�i" co��rn���rli�is§�o�ne��r's
B. Local Option to Extend the Due Date for Exemption and Deferral Applications
Section 12121fiv includes a local option to extend the due date under G.1 c,,. 59, fo r
...............................................................................applications for exemptions from April 1, 2020 to a date not later than June 1, 2020. This due date
extension, if exercised, will automatically apply to deferrals under G.1 G...59....... A,
residential exemptions under G.1 cl. 591, 5(."; and small commercial exemptions under G.I....
This second local option is exercised in the same manner described in Section Vll-A of this
Bulletin.
C. Local Option to Waive Interest on Certaffiln Payments Made After Due Dates
Section 11. includes a local option to waive interest and other penalty for late payment of any
® tax betterment assessment or apportionment thereof, water rate or annual sewer use or
other charge added to a tax for any payments with a due date on or after March 10, 2020 where
payment is made after its respective due date but before June 30, 2020. This third local option is
also exercised in the same manner described in Section Vll-A of this Bulletin.
This section allows the waiver of interest and penalties regarding late payments of bills with a due
date of.March 10,2020 or after, when such bills are paid late but paid on or before June 30, 2020.
This section does not permit waiver of interest and penalties regarding bills with due dates before
March 10, 2020 or if the bill is not paid by June 30, 2020.
Section 11 also provides that a city or town shall not terminate an essential service of a resident,
including but not limited to, water, trash collection or electricity, for nonpayment of taxes or fees
with due dates on or after March 10, 2020 if paid on or before June 30, 2020l) if the inability to pay
resulted from circumstances related to the outbreak of COVID-1 9 or the governor's March 10, 2020
declaration of a state of emergency.
D. Cladficat'lon of Due Dates When Mun'1c'1paI Office 'is Closed Due to COVID-1 9
m Section 1Q Ub - Under G11.1 Im C IN 5 9.1 and 115.191, there is an automatic extension of due
""''....................................................................dates for tax payments and applications for exemptions when a municipal office is closed for a
weather-related or other public safety emergency until the next day that the municipal office is
open. Section 1 O(b) of the Act clarifies that these automatic extensions do not apply if municipal
offices are closed as a result of the outbreak of the 2019 novel coronavirus or the declaration of a
state of emergency issued by the governor on March 10, 2020 and that due dates shall only be
extended by the exercise of the local options described in Sections V11-A and B of this Bulletin.
E. Notmice to Taxpayers
Tax bills (with due dates of April 1 , 2020 or May 1, 2020) should have already been mailed in the
formats described in GR 20,1911.1-111 GR 20119,11-1.2 GR 2011911-1.3 or GR 2011,911.1-14,, as applicable. Where
........................................................... .........Y I.I.I.I.I.I.I.I........I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.'..
5
tax bills have been mailed, the attached Notice must be sent to taxpayers by separate mailing if
any of the local options described above are exercised. If a city or town has not adopted all three
local options or June 1, 2020 due dates, the attached Notice must be amended, as appropriate, by
the city or town to reflect its exercised options.
If the tax bills have not been mailed and any of the above local options are exercised, the format
and content of the tax bills themselves should not be changed. Instead, tax bills should be issued
in the form described in G[Z 201 1 GR� , 20192 GIR, 2019-3 and Gl`� 2019.4, as applicable, and
........................................................................... I
the mailing must include the attached Notice (worded to reflect the local options and due dates
approved by the city/town) in the same mailing as the tax bill. (See Sections IV-13-1 of
Gl"Z 2"' 0192 and Gll"z 2019-.3 and Section V-13-1 of Gl'"z 2019-4, for insertion by collector of tax
I,.,.,.,.,............'................................................................
billing information in same envelope as a tax bill.)
Vill. Waiver for Hours Worked and Earnmings Recemlved Dur'Ing State of Emergency
Regard'ing Services Performed by Certa'In Ret'irees Under G,.�! c. 3 2
Section 14 of the Act includes a waiver for hours worked and earnings received by certain
retirees during the state of emergency. Cities and towns are advised to contact the Public
Employee Retirement Administration Commission (PERAC) for more information regarding this
section.
IX. Other Provisions of the Act
The Act also includes other non-finance provisions related to cities and towns, including Section
17 regarding the suspension of certain deadlines affecting local permits and local permitting
MIMINIMM
authorities. Cities and towns are advised to review the Act with their local counsel.
SAMPLE NOTICE TO TAXPAYERS
TO BE INCLUDED WITH TAX BILL OR SEPARATELY MAILED
(Samples should not be used without the advice of municipal counsel.)
Important information Regarding Your Tax Bill
Under "An Act to Address Challenges Faced by Municipalities and State Authorities Resulting From
COVID-19," Chapter 53 of the Acts of 2020, the town/city has adopted local options to extend due
dates for real and personal property tax payments and applications for exemptions and a waiver of
E E N
Interest on certain municipal tax and other bills paid by June 30, 2020. See below.
® The due date of your real and personal property tax bill has been extended to-June 1, 2020. June 1, i 2020 s the new
due date even if the due date for payment on your enclosed or previously mailed tax bill is April 1, 2020 or May 1, 2020.
® The due date for applications for property tax exemptions has also been extended to June 1 2020. June 1, 2020 is
the new due date even if the due date for applications on your enclosed or previously mailed tax bill is April 1, 2020.
This extension applies to applications for the exemptions listed in the third paragraph of G.L. c. 59, § 59, including
exemptions under clauses 17, 17C, 17C1/2 and 17D (seniors, surviving spouses, minor children of deceased parent); 18
(financial hardship —activated military, age and infirmity); 22, 22A, 22B, 22C, 22D, 22E, 22F and 22H (veterans, surviving
spouses and surviving parents); 37 and 37A (blind persons); 41, 41 B, 41 C and 41 C1/2 (seniors); 42 and 43 (surviving
spouse and minor children of firefighter/police officer killed in line of duty); 52 (certain eligible seniors); 53 (certain eligible
properties with septic systems); 56 (National Guard and reservists on active duty in foreign countries); and 57 (local option
tax rebates). This extension also automatically applies to applications for residential exemptions under59, § 5C, for
small commercial exemptions under G.L. c. 59, § 51 and for deferrals under59, § 5, clauses 41A (seniors)and 18A
(poverty or financial hardship due to change to active military).
® The town/city has also voted to waive interest and othe
assessmer i r t rr r ruse or other
w ith a due date on or after March ® This applies to
late payments of bills that have a due date of March 10, 2020 or after, when such bills are paid late but paid on or
before June ® This waiver of interest does not apply to bills with due dates before March 10, 2020 or if the bill is not
paid by June 30.
NOTE - If the municipal offices are closed on the June 1, 2020 extended due date for tax payments or filing of
exemption applications as a result of the outbreak of the 2019 novel coronavirus or the declaration of a state of
emergency issued by the governor on March 10, 2020, the due dates for tax payments and applications for
exemptions are not extended —thay_will be due on June (See
section 10(b) of the Act.)
[City/town should add information on how/where to make tax payments and file applications for exemptions, for example,
by mail, through an on-line payment system or dropping payment into a lockbox (with the location). The city/town should
also provide a telephone number where questions to local officials can be directed and the address of any relevant website
information.]
Geoffrey Snyder
ID L S
Commissioner of Revenue
�n, F
DIVISIONO LOCAL,SERVICES,
Seams .� gin. ..
Senior
Bulleb..n
Addendum to Builletin 2020-2,
® Local Officials
FROM: Sean Cronin, I I I r for Local Services
DATE: April 7, 2020
SUBJECT: Addendum to Bulletin
advisedPlease be in lieui rs described in SectionBulletin
cities provide ice to taxpayers of local options accepted, including
extensionill applications
exemptionsin the followingi i i in a
prominenti ity/town's website, by postinginformation i i municipal i
media , and by utilizingi notification
ortlyw
_ _ l, ,-4
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
2020 Annual Town Meeting
PRESENTER:TER• ITEM
S
NUMBER:
Board Discussion
I.3
SUMMARY:
In addition the information presented for the Town Meeting, there are two attachments related to legislation to
address holding a remote Town Meeting. As Town Counsel has conferred with other communities, other
counsels including Bond Counsel, we have determined that some form of confirmation of the validity of
holding a remote Town Meeting is necessary.
The First is a detailed draft of proposed legislation that Town Counsel has drafted with Bond Counsels and
has been circulated among a number of communities (by Lexington)that are beginning to work together as a
coalition to gain legislative support. It has been presented to area legislative delegation members. Our Town
Moderator has been involved in these discussions and we believe this provides a workable solution.
The second is a Home Rule Petition that would confirm the validity of actions taken at a remote Annual Town
Meeting and a Special Town Meeting, as this would need to be placed on a Special Town Meeting. This
would only be necessary if the first option above doesn't gain traction. We will have a better on 4/27 and
would still have time to set a Special Town Meeting and have this one article on the warrant if it's necessary.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020 7:35pm
ATTACHMENTS:
Description Type
F) 2020 A."FVII Positions(7b.ad. 1.3mickup VIIaterial
F) 2020 A'"]"V11"Warran-t Rickup Material
F) I'lorne,Rule Petition('..'bn.fII.Tniri.g Validity (,'..(.)ver Memo
F) 2020 ATM Proposed(Am sent,Agenda corribined,list's Cbver Merno
F) Article 16 ry-ution rewised(I N.-I and el) Ckwer VIlery-K)
F) Article 17 rnotion revised 4.9.20 Ower Merno
F) Aftkde 19 ri-lotion re.vised 4.9.20 C.."k.)v e r IVII e rno
F) Rein-Ale'"Fown.Meeting Proposed I i.,;gislafion. Gwer Merno
Select Board Article Positions(as of 4/6/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles DL JP SB JH MS
Article 2 - Reports C C C C C
Article 3- Cary Lecture Series C C C C C
Article 4-Appropriate FY 2021 Operating Budget C C C C C
Article 5- Appropriate FY 2021 Enterprise Funds Budget C C C C C
Article 6- Establish Qualifications for Tax Deferrals C C C C C
Article 7 - Petition General Court to Amend Legislation Regarding C C C C C
Tax Deferrals
Article 9 - Establish/Continue Departmental Revolving Funds C C C C C
Article 10- Appropriate for Community Preservation Committee C C C C C
(Articles 10a thru 101 and 10n thru 10o only)
Article 11 -Appropriate for Recreational Capital C C C C C
Article 12 -Appropriate for Municipal Capital and Equipment Program C C C C C
Article 13 -Appropriate for Water System Improvements C C C C C
Article 14-Appropriate for Wastewater System Improvements C C C C C
Article 15 -Appropriate for School Capital and Equipment C C C C C
Article 16b-Center Recreation Complex Bathrooms& Maintenance C C C C C
Bldg Renovation
Article 16c- Public Facilities Master Plan C C C C C
Article 16d - LHS Science Classroom Space Mining C C C C C
Article 16e -Townwide Roofing Program C C C C C
Article 16f-School Building Envelopes and Systems C C C C C
Article 16g- Municipal Building Envelopes and Systems C C C C C
Article 16h- Facility and Site improvements-Building Flooring C C C C C
program and School Paving Program
Article 16i - Public Facilities Bid Documents C C C C C
Article 16j - Public Facilities Mechanical/Electrical System C C C C C
Replacements
Article 17 -Appropriate to Post Employment Insurance Liability Fund C C R C C
Article 18-Rescind Prior Borrowing Authorizations- IP IP, C IP,C IP, C IP, C IP,C
Article 19- Establish, Dissolve, and Appropriate To/From Stabilization C C C C C
Article 20-Appropriate from Debt Service Stabilization Fund C C C C C
Article 21 -Appropriate for Prior Years Unpaid bills- IP IP, C IP,C IP, C IP, C IP,C
Article 22-Amend FY 20 Operating, Enterprise, CPA budgets C C R C C
Article 23 -Appropriate for Authorized Capital Improvements C C C C C
Article 26-Amend Historic Districts Commission Enabling Legislation C C C C C
Article 27 -Amend General Bylaws- Noise Construction C C C C C
Article 30- Land exchange (Citizen) C C C C C
Article 31 - Historic Preservation demo delay (Citizen)- IP IP,C IP,C IP, C IP, C IP,C
Article 32 - Extend Hancock-Clark Historic District (Citizen)- IP IP, C IP,C IP, C IP, C IP,C
Article 46- Amend zoning- Reduce GFA (Citizen)- IP IP, C IP,C IP, C IP, C IP,C
*2020 ATM,originally scheduled for 3/26/20,being postponed to a later date due to State of Emergency/Coronavirus
Select Board Article Positions(as of 4/6/20)
Preparation for 2020 Annual Town Meeting*
Potential Consent Agenda Articles - Motion will state DL JP SB JH MS
refer back to Planning Board
Article 35 -Amend Zoning Bylaw- Distances from basement, RB RB RB RB RB
slab or crawl space and groundwater
Article 36-Amend Zoning Bylaw-Short term rentals RB RB RB RB RB
Article 37 -Amend Zoning Bylaw-Site plan review RB RB RB RB RB
Article 38-Amend Zoning Bylaw- Financial services RB RB RB RB RB
Article 39 -Amend Zoning Bylaw-Solar energy systems RB RB RB RB RB
Article 40-Amend Zoning Bylaw-Wireless Communications RB RB RB RB RB
Facilities
Article 41 -Amend Zoning Bylaw-Technical Corrections RB RB RB RB RB
Article 43 -Amend Zoning Bylaw and Map- Hartwell Ave Area RB RB RB RB RB
Article 44-Amend Zoning Bylaw and Map- Bedford St near RB RB RB RB RB
Hartwell Ave
Article 45 -Amend Zoning Bylaw-Front year,transition, and RB RB RB RB RB
screening areas
Motion will state refer back to Select Board DL JP SB JH MS
Article 8-Short term rental fee RB RB RB RB RB
Article 24- Reduce Legal expenses (citizen) RB RB RB RB RB
Article 28-Amend general bylaws- (citizen) RB RB RB RB RB
Article 29 - Declare climate emergence (citizen) RB RB RB RB RB
Article 33 -Amend general bylaws-Running bamboo (citizen) RB RB RB RB RB
Article 34-Amend special legislation surcharge- (citizen) RB RB RB RB RB
Articles that are time sensitive DL JP SB JH MS
Article 10m - LexHab-116 Vine St Design funds using CPA Y Y Y Y Y
Article 16a - Police indoor/outdoor firing range Y Y Y Y Y
Article 16k-Westview Cemetery building construction Y Y Y Y Y
Article 25 - Purchase of land (parking spaces) W W W W W
Article 42 - 1050 Waltham st (developer) Y Y Y Y Y
Legend:
C — In favor of article being on consent
RB—In favor to refer article back
Y—In favor of article
W—Wait for more information
R—Recused
*2020 ATM,originally scheduled for 3/26/20,being postponed to a later date due to State of Emergency/Coronavirus
TOWN OF LEXINGTON WARRANT
2020 ANNUAL TOWN MEETING
Commonwealth of Massachusetts Middlesex, ss.
To either of the Constables or Town Clerk of the Town of Lexington, in said County, Greetings:
In the name of the Commonwealth of Massachusetts, you are directed to notify the inhabitants of the Town of
Lexington qualified to vote in elections and in Town affairs to meet in their respective voting places in said Town.
PRECINCT ONE, SCHOOL ADMINISTRATION BUILDING; PRECINCT TWO, BOWMAN SCHOOL;
PRECINCT THREE, LEXINGTON COMMUNITY CENTER; PRECINCT FOUR, CARY MEMORIAL
BUILDING; PRECINCT FIVE, SCHOOL ADMINISTRATION BUILDING; PRECINCT SIX, CARY
MEMORIAL BUILDING; PRECINCT SEVEN, ESTABROOK SCHOOL; PRECINCT EIGHT, SAMUEL
HADLEY PUBLIC SERVICES BUILDING; PRECINCT NINE, KEILTY HALL, ST. BRIGID'S CHURCH,
On Tuesday,the third Day of March 2020
From 7:00 a.m. to 8:00 p.m.,then and there to act on the following articles:
ARTICLE 1 NOTICE OF ELECTION
Two Select Board Members for a term of three years;
One Moderator for a term of one year;
One School Committee member; for a term of three years.
Two Planning Board members; for a term of three years;
One Lexington Housing Authority member; for a term of five years.
Eight Town Meeting Members in Precinct One,the seven receiving the highest number of votes to serve
for terms of three years; the one receiving the next highest number of votes to fill an unexpired term ending in
March 2021;
Seven Town Meeting Members in Precinct Two,the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Three, the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Four,the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Five, the seven receiving the highest number of votes to serve for terms
of three years;
Eight Town Meeting Members in Precinct Six, the seven receiving the highest number of votes to serve for terms of
three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2021;
4
Eight Town Meeting Members in Precinct Seven, the seven receiving the highest number of votes to serve for terms
of three years; the one receiving the next highest number of votes to fill an unexpired term ending in March 2022;
Seven Town Meeting Members in Precinct Eight, the seven receiving the highest number of votes to serve for terms
of three years;
Seven Town Meeting Members in Precinct Nine,the seven receiving the highest number of votes to serve for terms
of three years.
You are also to notify the inhabitants aforesaid to meet at the Margery Milne Battin Hall in the Cary Memorial
Building, 1605 Massachusetts Avenue, in said Town,
On Monday,the twenty-third day of March 2020 at 7:30 p.m.,
at which time and place the following articles are to be acted upon and determined exclusively by the Town
Meeting Members in accordance with Chapter 215 of the Acts of 1929, as amended, and subject to the referendum
provided for by Section eight of said Chapter, as amended.
ARTICLE 2 ELECTION OF DEPUTY MODERATOR AND REPORTS OF TOWN
BOARDS, OFFICERS AND COMMITTEES
To see if the Town will vote to approve the Deputy Moderator nominated by the Moderator; receive the reports of
any Board or Town Officer or of any Committee of the Town; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This article remains open throughout Town Meeting and reports may be presented at any Town
Meeting session by boards, officers, or committees. In addition, the Town will consider the approval of the
nomination of a Deputy Moderator as authorized under Section 118-11 of the Code of the Town of Lexington.
ARTICLE 3 APPOINTMENTS TO CARY LECTURE SERIES
To see if the Town will authorize the appointment of the committee on lectures under the wills of Eliza Cary
Farnham and Susanna E. Cary; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: This is an annual article that provides for the appointment of citizens to the Cary Lecture Series by
the Moderator.
FINANCIAL ARTICLES
ARTICLE 4 APPROPRIATE FY2021 OPERATING BUDGET
To see if the Town will vote to make appropriations for expenditures by departments, officers, boards and
committees of the Town for the ensuing fiscal year and determine whether the money shall be provided by the tax
levy,by transfer from available funds,by transfer from enterprise funds, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: See the most recent version of the FY2021 budget proposals posted at ht
lexingtonma.gov/budget.
DESCRIPTION: This article requests funds for the FY2021 (July 1, 2020 - June 30, 2021) operating budget. The
operating budget includes the school and municipal budgets. The operating budget includes requests for funds to
5
provide prospective salary increases for employees, including salaries to be negotiated through collective bargaining
negotiations. The budget also includes certain shared expenses.
ARTICLE 5 APPROPRIATE FY2021 ENTERPRISE FUNDS BUDGETS
To see if the Town will vote to appropriate a sum of money to fund the operations of the DPW Water and
Wastewater Divisions and the Department of Recreation and Community Programs; determine whether the money
shall be provided by the estimated income to be derived in FY2021 from the operations of the related enterprise, by
the tax levy, by transfer from available funds, including the retained earnings of the relevant enterprise fund, or by
any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED:
Enterprise Fund FY2019 FY2020 FY2021
Appropriated Requested Requested
a) Water
Personal Services $68402 $785,010 $804,234
Expenses $395,107 $508,875 $502,925
Debt Service $1,436,995 $1,277,412 $1,283,916
MWRA Assessment $7,12806 $7,413,364 $8,154,700
Total Water Enterprise Fund $99644,790 $99984,661 $10,7459775
b) Wastewater
Personal Services $208,773 $3551614 $366,568
Expenses $342,920 $432,950 $444,150
Debt Service $1,134,396 $1,278,322 $1,398,374
MWRA Assessment $715721486 $7,8511947 $037,142
Total Water Enterprise Fund $992589575 $99918,833 $10,8469234
c) Recreation and Community Programs
Personal Services $1,275,859 $114711683 $1,535,363
Expenses $1,2331393 $1,481,895 $1,480,045
Total Recreation and Community Programs
Enterprise Fund 1 $29509,252 1 $2,953,578 $3,015,408
DESCRIPTION: Under Massachusetts General Laws Chapter 44, Section 53F1/2, towns may establish Enterprise
Funds for a utility, health care, recreation or transportation operation, with the operation to receive related revenue
and receipts and pay expenses of such operation. This article provides for the appropriation to and expenditure from
three enterprise funds previously established by the Town. The Recreation and Community Programs Fund
includes the operations and programs for the Community Center.
ARTICLE 6 ESTABLISH QUALIFICATIONS FOR TAX DEFERRALS
To see if the Town will vote to increase the current eligibility limits for property tax deferrals under Massachusetts
General Laws Chapter 59, Section 5, Clause 41 A as authorized by Chapter 190 of the Acts of 2008; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: Chapter 190 of the Acts of 2008 allows Town Meeting, with the approval of the Select Board, to
make adjustments to the current deferral eligibility limits.
6
ARTICLE 7 PETITION GENERAL COURT TO AMEND LEGISLATION
REGARDING TAX DEFERRALS
To see if the Town will vote to authorize the Select Board to petition the Massachusetts General Court to enact
legislation regarding real property tax deferrals in the Town of Lexington in substantially the form below, and
further to authorize the Select Board to approve amendments to said act before its enactment by the General Court
that are within the scope of the general objectives of the petition; or act in any other manner in relation thereto.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the
same, as follows:
SECTION 1. Section 2 of Chapter 190 of the Acts of 2008, is hereby renumbered to be Section 3.
SECTION 2.A new Section 2 of Chapter 190 of the Acts of 2008, is hereby added as follows:
"Section 2. The imposition of interest required pursuant to section 62 of chapter 60 shall be delayed by one year in
the case of a person whose taxes have been deferred pursuant to clause 4 1 A of section 5 of chapter 59."
SECTION 3. This act shall take effect upon its passage.
(Inserted by the Select Board)
DESCRIPTION: The senior property tax deferral program,known as Clause 41 A, allows people 65 or over to defer
their property taxes until their home is sold or conveyed, or until the death of the applicant. During the time
property taxes are deferred, the interest rate charged on the deferral is a low rate tied to a government index that
generally runs three percent below the Prime Rate, however upon the death of the applicant the rate increases to 16
percent per annum. This article would delay the interest rate increase of an estate with tax deferral for a year after
the death of the applicant.
ARTICLE 8 SHORT TERM RENTAL IMPACT FEE
To see if the Town will vote to accept Massachusetts General Laws Chapter 64G, Sections 3A& 3D, Local Option
Community Impact Fee of 3%on short term rental properties; or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: The article authorizes the Town to adopt a"community impact fee" of up to % o
"professionally managed"units. These units are defined as accommodations where an operator runs more than one
short-term rental in the same municipality with at least one ofthose units not located in a single-,two-, or three-
family dwelling that includes the operator's primary residence.
ARTICLE 9 ESTABLISH AND CONTINUE DEPARTMENTAL REVOLVING FUNDS
To see if the Town will vote, pursuant to the Massachusetts General Laws Chapter 44, Section 53E1/2 and Chapter
110 of the Code of the Town of Lexington, to continue existing revolving funds; to amend said Chapter 110 to
establish new revolving funds; to determine whether the maximum amounts that may be expended from such new
and existing revolving fund accounts in FY2021 shall be the following amounts or any other amounts; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
7
FUNDS REQUESTED:
Program or Purpose for Revolving Funds FY2021 Authorization
School Bus Transportation $1115000
Building Rental Revolving Fund $5 6,000
DPW Burial Containers $5000
Lexington Tree Fund $4500
DPW Compost Operations $79000
Minuteman Household Hazardous Waste Program $25000
Regional Cache -Hartwell Avenue $2000
Senior Services Program $7500
Health Programs $4500
Tourism/Liberty Ride $20000
Visitors Center $20500
Residential Engineering Review $5700
Lab Animal Permits TBD
DESCRIPTION: The amount that may be spent from a revolving fund established under Massachusetts General
Laws Chapter 44, Section 53E1/2 must be approved annually by Town Meeting. The Funds are credited with the
receipts received in connection with the programs supported by such funds, and expenditures may be made from the
revolving fund without further appropriation.
ARTICLE 10 APPROPRIATE THE FY2021 COMMUNITY PRESERVATION COMMITTEE
OPERATING BUDGET AND CPA PROJECTS
To see if the Town will vote to hear and act on the report of the Community Preservation Committee on the FY2021
Community Preservation budget and, pursuant to the recommendations of the Community Preservation Committee,
to appropriate from the Community Preservation Fund, or to reserve amounts in the Community Preservation Fund
for future appropriations; for the debt service on previously authorized financing; for the administrative expenses of
the Community Preservation Committee for FY2021; for the acquisition, creation and preservation of open space;
for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation,
preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation
and support of community housing; and for the rehabilitation or restoration of open space and community housing
that is acquired or created with moneys from the Community Preservation Fund; to appropriate funds for such
projects and determine whether the money shall be provided by the tax levy, or from estimated Community
Preservation Act surcharges and the state match for the upcoming fiscal year, by transfer from available funds,
including enterprise funds, by borrowing, or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Community Preservation Committee)
FUNDS REQUESTED:
a)Archives &Records Management/Records Conservation&Preservation- $20,000
b) Restoration of Margaret Lady of Lexington Painting- $9,000
c) Battle Green Master Plan-Phase 3- $317,044
d) Conservation Land Acquisition-TBD
e) Daisy Wilson Meadow Preservation- $22,425
f)Wright Farm Site Access Planning and Design- $69,000
8
g)Athletic Facility Lighting- $450,000
h)Park Improvements-Hard Court Resurfacing-Valley Tennis Courts- $100,000
i)Park and Playground Improvements- Sutherland Park- $95,000
j)Park Improvements-Athletic Fields-Harrington, Bowman, and Franklin Field- $370,000
k)Parker Meadow Accessible Trail Construction- $551,026
1)Lexington Housing Authority- Greeley Village Community Center Preservation- $130,000
m)LexHAB- 116 Vine Street Design Funds- $100,000
n) CPA Debt Service- $3,016,730
o)Administrative Budget- $150,000
DESCRIPTION: This article requests that Community Preservation funds and other funds, as necessary,be
appropriated for the projects recommended by the Community Preservation Committee and for administrative costs.
ARTICLE 11 APPROPRIATE FOR RECREATION CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for recreation-related capital projects and equipment;
and determine whether the money shall be provided by the tax levy, by transfer from available funds, including the
Recreation and Community Programs Enterprise Fund, by borrowing, or by any combination of these methods; or
act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Recreation Committee)
FUNDS REQUESTED: $180,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fv21 capital.
ARTICLE 12 APPROPRIATE FOR MUNICIPAL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money for the following capital projects and equipment:
a) Ambulance Replacement;
b) Athletic Fields Feasibility Study;
c) Hydrant Replacement Program;
d) Storm Drainage Improvements and NPDES compliance;
e) Sidewalk Improvements;
f) Equipment Replacement;
g) Townwide Signalization Improvements;
h) Street Improvements;
i) New Sidewalk Installations;
j) Transportation Mitigation;
k) Municipal Technology Improvement Program;
1) Application Implementation; and
m) Phone Systems&Unified Communications
9
and authorize the Select Board to take by eminent domain,purchase or otherwise acquire any fee, easement or other
interests in land necessary therefor; determine whether the money shall be provided by the tax levy,by transfer from
available funds, including enterprise funds, by borrowing, or by any combination of these methods; determine if the
Town will authorize the Select Board to apply for, accept, expend and borrow in anticipation of state aid for such
capital improvements; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $6,842,022
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 13 APPROPRIATE FOR WATER SYSTEM IMPROVEMENTS
To see if the Town will vote to make water distribution system improvements, including the installation of new
water mains and replacement or cleaning and lining of existing water mains and standpipes, engineering studies and
the purchase and installation of equipment in connection therewith, in such accepted or unaccepted streets or other
land as the Select Board may determine, subject to the assessment of betterments or otherwise; and to take by
eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor;
appropriate money for such improvements and land acquisition and determine whether the money shall be provided
by the tax levy, water enterprise fund, by transfer from available funds, including any special water funds, or by
borrowing, or by any combination of these methods; to determine whether the Town will authorize the Select Board
to apply for, accept, expend and borrow in anticipation of federal and state aid for such projects; or act in any other
manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $2,200,000
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 14 APPROPRIATE FOR WASTEWATER SYSTEM IMPROVEMENTS
To see if the Town will vote to install and line sanitary sewer mains and sewerage systems and replacements and
upgrades to pump stations thereof, including engineering studies and the purchase of equipment in connection
therewith; in such accepted or unaccepted streets or other land as the Select Board may determine, subject to the
assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and acts in addition
thereto and in amendment thereof, or otherwise; and to take by eminent domain, purchase or otherwise acquire any
fee, easement or other interest in land necessary therefor; appropriate money for such installation and land
acquisition and determine whether the money shall be provided by the tax levy, wastewater enterprise fund, by
transfer from available funds, including any special wastewater funds,by borrowing, or by any combination of these
methods; to determine whether the Town will authorize the Select Board to apply for, accept, expend and borrow in
anticipation of federal and state aid for such wastewater projects; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,401,200
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fv21 capital.
10
ARTICLE 15 APPROPRIATE FOR SCHOOL CAPITAL PROJECTS AND EQUIPMENT
To see if the Town will vote to appropriate a sum of money to maintain and upgrade the schools' technology
systems and equipment; determine whether the money shall be provided by the tax levy, by transfer from available
funds,by borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the School Committee)
FUNDS REQUESTED: $1,299,246
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
To see if the Town will vote to appropriate a sum of money for capital improvements and renovations, including
new construction to public facilities for:
a) Police Outdoor/Indoor Firing Range -Hartwell Avenue;
b) Center Recreation Complex Bathrooms &Maintenance Building Renovation;
c) Public Facilities Master Plan;
d) LHS Science Classroom Space Mining;
e) Townwide Roofing Program;
f) School Building Envelopes and Systems;
g) Municipal Building Envelopes and Systems;
h) Facility and Site Improvements:
• Building Flooring Program;
• School Paving & Sidewalks Program;
i) Public Facilities Bid Documents;
j) Public Facilities Mechanical/Electrical System Replacements; and
k) Westview Cemetery Building Construction
and determine whether the money shall be provided by the tax levy, by transfer from available funds, including
enterprise funds,by borrowing, or by any combination of these methods;to determine if the Town will authorize the
Select Board to apply for, accept, expend and borrow in anticipation of state aid for such capital improvements; or
act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $7,245,399
DESCRIPTION: For a description of the proposed projects, see Section XI: Capital Investment section of the
FY2021 budget. The most recent version of the capital section can be found at http://www.lexingtonma.gov/
fy�pital.
ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY
FUND
To see if the Town will vote to appropriate a sum of money to the Town of Lexington Post Retirement Insurance
Liability Fund, as established by Chapter 317 of the Acts of 2002; determine whether the money shall be provided
11
by the tax levy, by transfer from available funds, including enterprise funds, or by any combination of these
methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $1,935,486
DESCRIPTION: This article will allow the Town to continue to fund its liability for post-employment benefits for
Town of Lexington retirees. Beginning with the FY2007 audit, the Town was required to disclose this liability.
Special legislation establishing a trust fund for this purpose was enacted in 2002.
ARTICLE 18 RESCIND PRIOR BORROWING AUTHORIZATIONS
To see if the Town will vote to rescind the unused borrowing authority voted under previous Town Meeting articles;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
DESCRIPTION: State law requires that Town Meeting vote to rescind authorized and unissued debt that is no
longer required for its intended purpose.
ARTICLE 19 ESTABLISH,DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
To see if the Town will vote to create, amend, dissolve, rename and/or appropriate sums of money to and from
Stabilization Funds in accordance with Massachusetts General Laws, Section 5B of Chapter 40 for the purposes of:
(a) Section 135 Zoning By-Law; (b) Traffic Mitigation; (c) Transportation Demand Management/Public
Transportation; (d) Special Education; (e) Center Improvement District; (f) Debt Service; (g)Transportation
Management Overlay District; (h) Capital; (i) Payment in Lieu of Parking; 0) Visitor Center Capital Stabilization
Fund; (k) Affordable Housing Capital Stabilization Fund; (1) Water System Capital Stabilization Fund; and (m)
Ambulance Stabilization Fund; determine whether such sums shall be provided by the tax levy, by transfer from
available funds, from fees, charges or gifts or by any combination of these methods; or act in any other manner in
relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This article proposes to establish, dissolve, and/or fund Stabilization Funds for specific purposes
and to appropriate funds therefrom. Money in those funds may be invested and the interest may then become a part
of the particular fund. These funds may later be appropriated for the specific designated purpose by a two-thirds
vote of an Annual or Special Town Meeting, for any lawful purpose.
ARTICLE 20 APPROPRIATE FROM DEBT SERVICE STABILIZATION FUND
To see if the Town will vote to appropriate a sum of money from the Debt Service Stabilization Fund to offset the
FY2021 debt service of the bond dated February 1, 2003, issued for additions and renovations to the Lexington
High School, Clarke Middle School, and Diamond Middle School, as refunded with bonds dated December 8, 2011;
or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: $124,057
DESCRIPTION: This article would allow the Town to pay a portion of the debt service on the 2003 School Bonds
from the Debt Service Stabilization Fund set up for that specific purpose.
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ARTICLE 21 APPROPRIATE FOR PRIOR YEARS' UNPAID BILLS
To see if the Town will vote to raise and appropriate money to pay any unpaid bills rendered to the Town for prior
years; to determine whether the money shall be provided by the tax levy,by transfer from available funds, or by any
combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to pay bills after the close of the fiscal year in which the
goods were received or the services performed and for which no money was encumbered.
ARTICLE 22 AMEND FY2020 OPERATING,ENTERPRISE AND CPA BUDGETS
To see if the Town will vote to make supplementary appropriations, to be used in conjunction with money
appropriated under Articles 11, 12, 13, and 14 of the warrant for the 2019 Annual Town Meeting and Article 4 of
the warrant for the 2019 Special Town Meeting, to be used during the current fiscal year, or make any other
adjustments to the current fiscal year budgets and appropriations that may be necessary; to determine whether the
money shall be provided by transfer from available funds including Community Preservation Fund; or act in any
other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to permit adjustments to current fiscal year(FY2020) appropriations.
ARTICLE 23 APPROPRIATE FOR AUTHORIZED CAPITAL IMPROVEMENTS
To see if the Town will vote to make supplementary appropriations to be used in conjunction with money
appropriated in prior years for the installation or construction of water mains, sewers and sewerage systems, drains,
streets, buildings, recreational facilities or other capital improvements and equipment that have heretofore been
authorized; determine whether the money shall be provided by the tax levy, by transfer from the balances in other
articles, by transfer from available funds, including enterprise funds and the Community Preservation Fund, by
borrowing, or by any combination of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: Unknown at press time
DESCRIPTION: This is an annual article to request funds to supplement existing appropriations for certain capital
projects in light of revised cost estimates that exceed such appropriations.
ARTICLE 24 REDUCE LEGAL EXPENSES
(Citizen Petition)
This citizen's proposal is to reduce the appropriation in the line item 8120 (legal expenses for the town) for fiscal
year 2021 from the $410,000 to $110,000 and increase the amount appropriated for town in line item 8200 (town
manager office and human resources)by$100,000. During FY 14-18 the town(exclusive of the school department)
has annually spent on average more than $620,000 in legal expenses. More than 80% of this legal work is of a
routine nature that could be done by in-house counsel.
(Inserted by Richard Neumeier and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to hire in-house counsel for legal services for the Town
for fiscal year 2021. This proposal would reduce the appropriation in line item 8120, legal expenses for the Town,
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from $4101000 to $110,000 and increase the appropriation in line item 8200 of the Town Manager's budget by
$100,000.
GENERAL ARTICLES
ARTICLE 25 PURCHASE OF LAND/EMINENT DOMAIN
To see if the Town will vote to authorize the Select Board to acquire by purchase, donation, eminent domain or
otherwise for municipal purposes all or a portion of a parcel of land identified as Map 48 and Lot 96 on the
Assessors' Map, and known as Eddison Way; and to appropriate a sum of money therefor and determine whether
the money shall be provided by the tax levy, by transfer from available funds, or by borrowing, or, any combination
of these methods; or act in any other manner in relation thereto.
(Inserted by the Select Board)
FUNDS REQUESTED: unknown at press time
DESCRIPTION: This article requests funds to purchase or take by eminent domain land currently owned by the
Historical Society.
ARTICLE 26 AMEND HISTORIC DISTRICTS COMMISSION ENABLING
LEGISLATION
To see if the Town will vote to authorize the Select Board to petition the Massachusetts General Court for an act to
amend Chapter 447 of the Acts of 1956, "AN ACT ESTABLISHING AN HISTORIC DISTRICTS COMMISSION
FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS AND DUTIES, AND ESTABLISHING
HISTORIC DISTRICTS IN THE TOWN OF LEXINGTON", as previously amended, in substantially the below,
and further to authorize the Select Board to approve amendments to the bill before enactment to the General Court
that are within the scope of the general objectives of the petition, as follows:
Be it enacted by the Senate and House of Representative in General Court assembled, and by the
authority of the same as follows:
Section 1. Chapter 447 of the Acts of 1956, as previously amended, is hereby amended by replacing the words
"Arts and Crafts Society"with the words "Chamber of Commerce"wherever they appear, and by deleting the words
"and a secretary"in section 4 of said Act.
(Inserted by the Select Board at the request of the Historic Districts Commission)
DESCRIPTION: Chapter 447, the governing legislation for Historic Districts regulation and review, has not been
substantially revised or amended since its original passage in 1956 and has not been revised or amended at all in
nearly two decades. The Historic Districts Commission is proposing this amendment to streamline and strengthen
the process of appointing members to the Historic Districts Commission, thus broadening the availability of
qualified, willing applicants to serve as Historic District Commission members, and delete the unnecessary
requirement that a secretary be elected as that role is fulfilled by a staff member.
ARTICLE 27 AMEND GENERAL BYLAWS-NOISE CONSTRUCTION LIMITS
To see if the Town will vote to amend Chapter 804A of the Code of the Town of Lexington (Noise Control) to
further restrict noise pollution from construction projects or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Noise Bylaw Committee)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
from construction projects.
14
ARTICLE 28 AMEND GENERAL BYLAWS-NOISE CONTROL
(Citizen Petition)
To see if the Town will vote to amend Chapter 80 of the Code of the Town of Lexington, Noise Control, to reduce
the impact of construction noise, by requiring a noise mitigation plan for construction impacting residentially zoned
areas as a condition for obtaining a building permit.
This article would require and enforce a noise mitigation plan as follows:
1. A noise mitigation plan will be required for construction projects which entail rock removal via heavy
machinery and/or blasting, including ledge removal,rock pounding,rock crushing,rock drilling or rock cutting;
2. Such a plan will only be required for large projects where these activities are expected to be of extended
duration;
3. Noise mitigation plans must include effective sound barriers surrounding the perimeter of the construction
site;
or act in any other manner in relation thereto.
(Inserted by Varda Haimo and 9 or more registered voters)
DESCRIPTION: This article proposes revisions to the Noise Bylaw to better protect residents from noise pollution
due to residential and other construction projects.
ARTICLE 29 DECLARE CLIMATE EMERGENCY(Citizen Petition)
To see if the Town will adopt a resolution endorsing the declaration of a climate emergency and requesting regional
collaboration for an immediate transition from fossil fuels to clean, renewable energy and further to demonstrate our
commitment to making Lexington a more sustainable and resilient town.
(Inserted by Lily Manhua Yan and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to adopt a resolution endorsing the declaration of a
climate emergency and calls for regional collaboration to reverse global warming and to move towards a more
sustainable economy.
ARTICLE 30 LAND EXCHANGE
(Citizen Petition)
To see if the Town will vote to approve the exchange of a portion of the lot located at 344 Lowell Street with a
portion of the Town's adjoining land, see plan on file with the Town clerk, for the purpose of allowing the use of an
existing structure that currently encroaches in part on Town property, or act in any other manner in relation thereto.
(Inserted by Mohammed Abdul Jaleel and 9 or more registered voters)
DESCRIPTION: This article requests the Town to swap a parcel of Town-owned land for a private parcel of land
of equal size and value. The purpose of this land swap is to change the property lines to address a building on the
private property where half the building was built on the town property,before it was town property.
ARTICLE 31 AMEND GENERAL BYLAWS-DEMOLITION DELAY
(Citizen Petition)
To protect the David A. Tuttle historic home at 53 Hancock Street Lexington, MA 02420 from demolition and other
historically significant homes and edifices. No destruction of living history in Lexington, MA. No immediate
resale of a historical home within a 2 year period. Nullification of the sale if a buyer misrepresents their intentions
resulting in demolition of historic property.
(Inserted by Helen Wright and 9 or more registered voters)
15
DESCRIPTION: This article seeks Town Meeting approval to adopt a demolition delay ordinance that ensures
potentially historically significant homes and structures are not demolished without adequate notice to the public.
ARTICLE 32 EXTEND HANCOCK-CLARK HISTORIC DISTRICT (Citizen
Petition)
Extend the Hancock-Clark Historic District district to Adams St-down Adams to Porter Lane.
(Inserted by Helen Wright and 9 or more registered voters)
DESCRIPTION: This article seeks Town Meeting approval to extend the Hancock-Clark Historic District to
Adams Street, and Adams Street down to Porter Lane, in order to further preserve the historic character and
buildings in Lexington.
ARTICLE 33 AMEND GENERAL BYLAWS-RUNNING BAMBOO
CONTROL (Citizen Petition)
To see if the Town will vote to amend the General Bylaw of the Town of Lexington by adding a chapter to control
the planting and presence of Running Bamboo plants-any monopodial (running)tropical or semi-tropical bamboo
grasses or bamboo species,or act in any other manner in relation thereto.
(Inserted by Michael Reamer and 9 or more registered voters)
DESCRIPTION: This purpose and intent of this bylaw is to preserve and protect private and Town owned property
and Town owned rights of way from the spread of Running Bamboo and to protect indigenous biodiversity
threatened by Running Bamboo. All Running Bamboo owners shall be required to confine Running Bamboo in a
manner that will prevent the Running Bamboo from encroachment onto any other private or Town owned right of
way. The proposed bylaw specifies requirements, enforcement and penalties.
ARTICLE 34 AUTHORIZE SPECIAL LEGISLATION-DEVELOPMENT SURCHARGE
FOR COMMUNITY HOUSING(Citizen Petition)
To see if the Town will vote to establish a surcharge on specific residential development activities for the purpose of
funding affordable and community housing construction, renovation, associated land acquisition or easements; and
further to authorize the Select Board to petition the Massachusetts General Court to enact legislation to enable this
surcharge in the Town of Lexington, and further to authorize the Select Board to approve amendments to said act
before its enactment by the General Court that are within the scope of the general objectives of the petition, or act in
any other manner in relation thereto.
(Inserted by Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address the loss of moderate-income housing by developing a
targeted and measured surcharge on specific residential development activities, that will fund the creation of
community housing that will address identified housing gaps, such as housing attainable by Lexington municipal
employees.
ZONING ARTICLES
ARTICLE 35 AMEND ZONING BYLAW-DISTANCE FROM BASEMENT, SLAB OR CRAWL
SPACE AND GROUNDWATER
To see if the Town will vote to amend the Zoning Bylaw to regulate the distance between groundwater elevations
and building basements, crawl space floors, or slab elevations; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
16
DESCRIPTION: This zoning amendment is in response to residents' requests to address the impacts on their
property of displaced groundwater from abutting new construction being built in the water table. This will also help
prevent new illegal connections to the Town system from new construction in the water table.
ARTICLE 36 AMEND ZONING BYLAW-SHORT TERM RENTALS
To see if the Town will vote to amend the Zoning Bylaw to regulate short term rentals; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would amend the Zoning Bylaw to regulate short term rentals.
ARTICLE 37 AMEND ZONING BYLAW-SITE PLAN REVIEW
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington to amend applicability of,
exceptions to, and notice requirements for site plan review; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would adjust the existing exceptions to site plan review to require review when
parking areas are significantly expanded, limit it for small changes to large buildings, and modernize notice
requirements.
ARTICLE 38 AMEND ZONING BYLAW-FINANCIAL SERVICES
To see if the Town will vote to amend the Zoning Bylaw of the Town of Lexington regarding the regulation of
financial, drive-up, and auto-oriented services; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would adapt a variety of financial services regulations to be consistent with current
industry practice and regulate drive-up and auto-oriented service uses consistently.
ARTICLE 39 AMEND ZONING BYLAW-SOLAR ENERGY SYSTEMS
To see if the Town will vote to amend the Zoning Bylaw to reduce restrictions on solar energy systems; or act in
any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would encourage construction of solar energy systems by exempting these systems
from certain existing setback,height, site coverage, and roof coverage standards, and permitting them in all districts.
ARTICLE 40 AMEND ZONING BYLAW-WIRELESS COMMUNICATION FACILITIES
To see if the Town will vote to amend the Zoning Bylaw to conform to changes in Federal law and regulations
regarding wireless communication facilities, including streamlining permitting processes and standards, adding
design guidelines; or act in any other manner in relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: This article would update the Zoning Bylaw to reflect changes in federal law and regulations
regarding wireless communication facilities. These changes include streamlining permitting of wireless facilities on
private property to meet federal `shot clock' deadlines by not requiring special permits and expanding acceptable
justifications for adding new facilities.
17
ARTICLE 41 AMEND ZONING BYLAW-TECHNICAL CORRECTIONS
To see if the Town will vote amend the Zoning Bylaw to correct internal references, remove unreferenced
definitions, and reformat sections of the Bylaw to help clarify the intent of the Bylaw; or act in any other manner in
relation thereto.
(Inserted by the Select Board at the request of the Planning Board)
DESCRIPTION: These changes are clerical in nature and are not intended to change interpretation of the Zoning
bylaw in any substantive way.
ARTICLE 42 AMEND ZONING BYLAW AND ZONING MAP, 1040-1050 WALTHAM
STREET (Owner Petition)
To see if the Town will vote to amend the Zoning Map and Bylaw of the Town for the property commonly known
as 1050 Waltham Street, shown on Town of Lexington Assessors' Map 5 as Parcel 14 (the "Property") and detailed
in the metes and bounds description for the proposed PD-5 District included in the applicant's Preliminary Site
Development and Use Plan("PSDUP")on file with the Lexington Town Clerk and Planning Board,by changing the
zoning district designation of the Property from the current Commercial Local Office (CLO) District to a Planned
Development(PD)District, or to act in any other manner relative thereto.
(Inserted by BH GRP 1050 Waltham Owner LLC)
DESCRIPTION: This article requests rezoning and approval of a Preliminary Site Development and Use Plan
(PSDUP) for the 1050 Waltham Street property identified in the article, and would allow for the removal of the
existing buildings and the construction of a new building and parking garage. The general location of the property is
shown on a plan entitled: "PD-5 District, Waltham Street, Lexington, Massachusetts (Middlesex County prepared
by BSC Group dated December 16, 2019 and on file with the Lexington Town Clerk and Lexington Planning
Board.
ARTICLE 43 AMEND ZONING BYLAW AND MAP-HARTWELL AVENUE
AREA(Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw and Zoning Map to alter and supplement dimensional and
other standards for the CM district to permit additional development; rezone lots not used for residential purposes
near Hartwell Avenue and southwest of Bedford Street into the CM or GC districts; or act in any other manner in
relation thereto.
(Inserted by Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow additional desirable commercial
development along Hartwell Avenue and Bedford Street.
ARTICLE 44 AMEND THE ZONING BYLAW AND MAP-BEDFORD STREET
NEAR HARTWELL AVENUE (Citizen Petition)
To see if the Town will vote to amend the Zoning Map to rezone lots not used for residential purposes northeast of
Bedford Street near Hartwell Avenue into the CM and TMO-1 districts, or act in any other manner in relation
thereto.
(Inserted by Charles Hornig and 9 or more registered voters)
DESCRIPTION: This article would expand the CM (manufacturing) and TMO-1 (transportation management
overlay) districts by moving the #459 (National Guard Armory) and #475 (Boston Sports Club) Bedford Street
properties into the existing CM and TMO-1 districts to allow additional commercial development.
18
ARTICLE 45 AMEND ZONING BYLAW-FRONT YARD, TRANSITION,AND
SCREENING AREAS (Citizen Petition)
To see if the Town will vote to amend the Zoning Bylaw to regulate front yard, transition, and screening areas along
streets consistently within each district, or act in any other manner in relation thereto.
(Inserted by Charles Hornig and 9 or more registered voters)
DESCRIPTION: The changes proposed under this article would allow consistent streetscapes within a zoning
district by requiring consistent front yard, transition, and screening areas along a street independent of the zoning
district of lots across the street.
ARTICLE 46 AMEND ZONING BYLAW-GROSS FLOOR AREA
(Citizen Petition)
To see if the Town will vote to jointly amend both Section 135-10.1 of the Zoning Bylaw, to revise the definition of
Gross Floor Area to remove the inclusion of basements, and Section 135-4.4.2, to reduce the maximum allowable
residential Gross Floor Area, or act in any other manner in relation thereto.
(Inserted by Matt Daggett and 9 or more registered voters)
DESCRIPTION: The purpose of this article is to address issues identified during the implementation of the Gross
Floor Area (GFA) requirements adopted under Article 41 of the 2016 Annual Town Meeting and associated
definition changes adopted under Article 41 of the 2017 Annual Town Meeting. Specifically, the definition of GFA
must be revised to remove the inclusion of basement areas,and in conjunction, the maximum allowable residential
GFA table must be reduced accordingly.
And you are directed to serve this warrant seven days at least before the time of said meeting as provided in the
Bylaws of the Town.
Hereof fail not, and make due return on this warrant,with your doings thereon,to the Town Clerk, on or before the
time of said meeting.
Given under our hands at Lexington this 27th day of January 2020.
Douglas M. Lucente, Chair Select Board
Joseph N. Pato
Suzanne E. Barry of
Jill I. Hai
Mark D. Sandeen Lexington
A true copy,Attest:
Constable of Lexington
19
ARTICLE 1
To see if the town will vote to authorize the Select Board to petition the General Court for a special act
providing that notwithstanding the provisions of any general or special law or by-law to the contrary, all
acts and proceedings taken by the town at its annual town meeting held by [videoconference] on [insert
date], and special town meeting held by [videoconference] on [insert date], and all actions taken
pursuant thereto, are hereby ratified,validated and confirmed to the same extent as if the said annual
and special town meeting had been held in full compliance with the law, including any applicable by-law.
Or act on anything relative hereto.
2020 Annual Town Meeting
Potential Consent Agenda Articles
Select Board
1. Article 2- Reports
2. Article 3-Cary Lecture Series
3. Article 4-Appropriate FY 2021 Operating Budget
4. Article 5-Appropriate FY 2021 Enterprise Funds Budget
5. Article 6 Establish Qualifications for Tax Deferrals
6. Article 7- Petition General Court to Amend Legislation Regarding Tax Deferrals
7. Article 9- Establish/Continue Departmental Revolving Funds
8. Article 10- Appropriate for Community Preservation Committee (Articles 10a-101 and 10n-10o
only)
9. Article 11-Appropriate for Recreational Capital
10. Article 12-Appropriate for Municipal Capital and Equipment Program
11. Article 13-Appropriate for Water System Improvements
12. Article 14-Appropriate for Wastewater System Improvements
13. Article 15-Appropriate for School Capital and Equipment
14. Article 16b-Center Recreation Complex Bathrooms& Maintenance Bldg Renovation
15. Article 16c- Public Facilities Master Plan
16. Article 16d-LHS Science Classroom Space Mining
17. Article 16e-Townwide Roofing Program
18. Article 16f-School Building Envelopes and Systems
19. Article 16g- Municipal Building Envelopes and Systems
20. Article 16h- Facility and Site improvements-Building Flooring program and School Paving
Program
21. Article 16i- Public Facilities Bid Documents
22. Article 16j- Public Facilities Mechanical/Electrical System Replacements
23. Article 17-Appropriate to Post Employment Insurance Liability Fund
24. Article 18-Rescind Prior Borrowing Authorizations- IP
25. Article 19- Establish, Dissolve, and Appropriate To/From Stabilization Fund
26. Article 20-Appropriate from Debt Service Stabilization Fund
27. Article 21-Appropriate for Prior Years Unpaid bills- IP
28. Article 22-Amend FY 20 Operating, Enterprise, CPA budgets
29. Article 23-Appropriate for Authorized Capital Improvements
30. Article 26-Amend Historic Districts Commission Enabling Legislation
31. Article 27-Amend General Bylaws- Noise Construction
32. Article 30- Land exchange (Citizen)
33. Article 31- Historic Preservation demo delay(Citizen)- IP
34. Article 32 Extend Hancock-Clark Historic District (Citizen)- IP
4/9/2020 1
2020 Annual Town Meeting
Potential Consent Agenda Articles
Motion will state refer back to Planning Board
1. Article 35-Amend Zoning Bylaw- Distances from basement, slab or crawl space and
groundwater
2. Article 36-Amend Zoning Bylaw-Short term rentals
3. Article 37-Amend Zoning Bylaw-Site plan review
4. Article 38-Amend Zoning Bylaw- Financial services
5. Article 39-Amend Zoning Bylaw-Solar energy systems
6. Article 40-Amend Zoning Bylaw-Wireless Communications Facilities
7. Article 41-Amend Zoning Bylaw-Technical Corrections
8. Article 43-Amend Zoning Bylaw and Map- Hartwell Ave Area
9. Article 44-Amend Zoning Bylaw and Map- Bedford St near Hartwell Ave
10. Article 45-Amend Zoning Bylaw-Front year,transition, and screening areas
11. Article 46-Amend zoning- Reduce GFA(Citizen)
4/9/2020 2
2020 Annual Town Meeting
Motion will state refer back to Select Board
1. Article 8-Short term rental fee
2. Article 24- Reduce Legal expenses (citizen)
3. Article 28-Amend general bylaws- (citizen)
4. Article 29-Declare climate emergence (citizen)
5. Article 33-Amend general bylaws-Running bamboo (citizen)
6. Article 34-Amend special legislation surcharge- (citizen)
4/9/2020 3
2020 Annual Town Meeting
Articles that are time sensitive
1. Article 10m- LexHab-116 Vine St Design funds
2. Article 16a- Police indoor/outdoor firing range
3. Article 16k-Westview Cemetery building construction
4. Article 25- Purchase of land (parking spaces)
5. Article 42- 1050 Waltham st(developer)
4/9/2020 4
Town of Lexington
Motion
2020 Annual Town Meeting
ARTICLE 16 APPROPRIATE FOR PUBLIC FACILITIES CAPITAL PROJECTS
MOTION: That the following amounts be appropriated for the following capital improvements to
public facilities and that each amount be raised as indicated:
a) Police Outdoor/Indoor Firing Range - $125,000 for schematic design for a firing range
at Hartwell Ave, and that to meet this appropriation $125,000 be appropriated from the
General Fund unreserved balance; provided that any appropriation hereunder shall be
subject to and contingent upon receipt of the Criminal Justice Training Council grant;
b) Center Recreation Complex Bathrooms &Maintenance Building Renovation -
$100,000 for design and engineering costs to renovate the Center Recreation Complex
bathrooms and maintenance building, and all incidental costs related thereto, and that to
meet this appropriation $100,000 be appropriated from the General Fund unreserved
balance;
c) Public Facilities Master Plan- $100,000 to create a Public Facilities Master Plan, and
that to meet this appropriation $100,00 be appropriated from the General Fund
unreserved balance;
d) LHS Science Classroom Mining - $150,000 to provide design and construction dollars
to modify existing interior classroom spaces at Lexington High School and all
incidental costs related thereto, and that to meet this appropriation $150,000 be
appropriated from the General Fund unreserved balance;
e) Townwide Roofing Program - $2,010,152 for replacing the roof at the Bridge
Elementary School, located at 55 Middleby Road, Lexington, Massachusetts, including
the payment of all costs incidental or related thereto (the "Project"), which proposed
repair project would materially extend the useful life of the school and preserve an asset
that otherwise is capable of supporting the required educational program, and for which
the Town has applied for a grant from the Massachusetts School Building Authority
("MSBA"), $2,010,152 amount to be expended under the direction of School
Committee. To meet this appropriation the Treasurer, with the approval of the Select
Board, is authorized to borrow said amount under M.G.L. Chapter 44, or pursuant to
any other enabling authority. The Town acknowledges that the MSBA's grant program
is a non-entitlement, discretionary program based on need, as determined by the
MSBA, and if the MSBA's Board of Directors votes to invite the Town to collaborate
with the MSBA on this proposed repair project, any project costs the Town incurs in
excess of any grant that may be approved by and received from the MSBA shall be the
sole responsibility of the Town; and that, if invited to collaborate with the MSBA on
the proposed repair project, the amount of borrowing authorized pursuant to this vote
shall be reduced by any grant amount set forth in the Project Funding Agreement that
may be executed between the Town and the MSBA. Any premium received by the
Town upon the sale of any bonds or notes approved by this vote, less any such premium
applied to the payment of the costs of issuance of such bonds or notes, may be applied
to the payment of costs approved by this vote in accordance with Chapter 44, Section
20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay
such costs by a like amount;
f) School Building Envelope and Systems Program - $239,285 for extraordinary repairs
and modifications to school buildings and systems, and that to meet this appropriation
$239,285 be appropriated from the General Fund unreserved fund balance;
1
Town of Lexington
Motion
2020 Annual Town Meeting
g) Municipal Building Envelopes and Systems - $208,962 for extraordinary repairs and
modifications to municipal buildings and systems, and that to meet this appropriation
$208,962 be raised in the tax levy;
h) Facility and Site Improvements - $250,000 for building flooring programs, school
paving and sidewalk program, and school traffic safety improvements, and that to meet
this appropriation $250,000 be appropriated from the General Fund unreserved fund
balance;
i) Public Facilities Bid Documents - $100,000 for professional services to produce design
development, construction documents, and bid administration services for capital
projects, and that to meet this appropriation $100,000 be appropriated from the General
Fund unreserved fund balance;
j) Public Facilities Mechanical Electrical System Replacements - $672,000 for
replacement of HVAC and electrical systems that have exceeded their useful life, and
that to meet this appropriation $672,000 be appropriated from the General Fund
unreserved fund balance;
k) Westview Cemetery Facility Construction- $3,290,000 be appropriated for the
construction of a new administration and maintenance building located at the Westview
Cemetery, including the costs of demolition, architectural and engineering services,
original equipment, furnishings, landscaping, paving, and other site improvements
incidental or related to such construction, and that to meet this appropriation the
Treasurer, with the approval of the Select Board, is authorized to borrow $3,290,000
under M.G.L. Chapter 44, Section 7, or any other enabling authority. Any premium
received by the Town upon the sale of any bonds or notes approved by this vote, less
any such premium applied to the payment of the costs of issuance of such bonds or
notes, may be applied to the payment of costs approved by this vote in accordance with
Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to
be borrowed to pay such costs by a like amount.
(Revised 04/13/2020)
2
Town of Lexington
Motion
2020 Annual Town Meeting
ARTICLE 17 APPROPRIATE TO POST EMPLOYMENT INSURANCE LIABILITY FUND
MOTION: That $750,000 be appropriated to the town of Lexington Post Employment Insurance
Liability Fund established pursuant to Chapter 317 of the Acts of 2002, and that to meet
this appropriation, $750,000 be raised in the tax levy.
(Revised 04/09/2020)
1
Town of Lexington
Motion
2020 Annual Town Meeting
ARTICLE 19 ESTABLISH, DISSOLVE AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
MOTION:
a) That $3,500,000 be appropriated from the Capital Stabilization Fund for projects
excluded from the limits of Proposition 21/2; and
b) That $111,922 be appropriated to the Affordable Housing Capital Stabilization Fund,
and to meet this appropriation $111,922 be appropriated from the Affordable Housing
Special Revenue Fund, and further, that in accordance with M.G.L. Chapter 40, Section
5B paragraph four, that any payments made to the Town by Symmes Lifecare, Inc.
d/b/a Brookhaven at Lexington for the purpose of affordable housing be deposited into
said Affordable Housing Capital Stabilization Fund; and
c) That $111,000 be appropriated from the Affordable Housing Capital Stabilization Fund
to fund renovations and capital improvement projects at properties in the Town's
affordable housing inventory that are managed by the Lexington Housing Assistance
Board, Inc. ("LexHab").
(Revised 04/09/2020)
1
AN ACT AUTHORIZING REMOTE PARTICIPATION AT REPRESENTATIVE TOWN
MEETINGS DUE TO THE COVID-19 EMERGENCY
Whereas, the deferred operation of this act would tend to defeat its purpose, which is to protect
both public health and the viability of town meetings in the face of the state, national and global
public health emergencies existing as a result of Covid-19 pandemic, therefore it is hereby
declared to be an emergency law, necessary for the immediate preservation of the public health
and convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and
by the authority of the same, as follows:
SECTION 1. During the state of emergency declared by the governor on March 10, 2020
related to the Covid-19 pandemic, if the moderator in a town having a representative town
meeting form of government determines that it is not possible to safely assemble the town
meeting members and interested members of the public in a common location while complying
with any applicable state or local orders, directives, or guidance concerning public assemblies,
the moderator may, notwithstanding any general or special laws, charter provisions or bylaws to
the contrary, request the select board of said town to call for any such representative town
meeting to be held through remote participation by means of a video conferencing platform.
Any such request by the moderator to the select board shall be in writing and shall include the
following certifications and information: (a)the moderator's determination and request to hold
any town meeting through remote participation in accordance with this section; (b) the video
conferencing platform the moderator has determined to use to hold the town meeting; (c) a
certification that the moderator has consulted with the local disability commission or coordinator
for Americans with Disabilities Act compliance and has received recommendations for ensuring
the highest level of feasible access to the public; and (d) a certification that the moderator has
tested the video conferencing platform to his or her satisfaction to confirm that it will enable the
town meeting to be conducted in substantially the same manner as if the meeting occurred in
person at a physical location, including (i) the ability for the moderator, all town meeting
members, other town officials and any other interested members of the public to identify and
hear the moderator and each town meeting member who attends and participates in the remotely-
held town meeting, (11) the ability to determine whether a quorum is present, (iii) the ability for
the moderator to determine when a town meeting member wishes to be recognized to speak,
make a motion, raise a point of order or object to a request for unanimous consent, (iv) the ability
for the moderator to recognize a town meeting member or town official to speak and to enable
that person to speak; (v) the ability to conduct a roll-call vote, (vi) the ability for any interested
members of the public to access the meeting remotely for purposes of witnessing the
deliberations and actions taken at the town meeting, and (vii) the ability for the town meeting to
be recorded.
SECTION 2. Notwithstanding any general or special laws, charter provisions or bylaws to the
contrary, not later than 10 business days following receipt of a written request of the moderator
pursuant to and in accordance with the requirements of section 1, and provided that the state of
emergency declared by the governor on March 10, 2020 related to the Covid-19 pandemic
59868199 v1
continues to exist, the select board shall vote to determine whether any future town meeting for
which a warrant has been or will be issued during the state of emergency shall be held remotely
by means of the video conferencing platform requested by the moderator.
SECTION 3. In the event that the select board votes to approve the request of the moderator and
if the select board has already issued a warrant calling a town meeting to be held on a date or
dates before June 30, 2020, then, at the same meeting of the board, the select board shall
approve and shall issue jointly with the moderator a notice, to be filed and posted in accordance
with the requirements of section 1 OA subsection (b) of chapter 39 of the general laws and
distributed to each town meeting member, that expressly states that the town meeting shall be
held remotely by means of the video conferencing platform requested by the moderator, states
the date and time of the meeting, and provides the necessary information for the moderator, town
meeting members, other town officials and interested members of the public to access and attend
the town meeting remotely.
SECTION 4. In the event that the select board votes to approve the request of the moderator and
if the select board has not yet issued a warrant for a town meeting, and if the state of emergency
continues to exist at the time the select board approves and issues the warrant for the town
meeting, the select board shall approve and issue a warrant for the town meeting pursuant to and
in accordance with section 10 of chapter 39 of the general laws, all other applicable laws, and
any relevant provisions of the town charter and bylaws which states the date and time of the
town meeting and the articles to be acted upon, and which expressly states that the town meeting
shall be held remotely by means of the video conferencing platform requested by the moderator
and provides the necessary information for the moderator, town meeting members, other town
officials and interested members of the public to access and attend the town meeting remotely.
SECTION 5. Any notice issued pursuant to section 3 and any warrant issued pursuant to section
4 providing for a town meeting to be held remotely shall also include the written request of the
moderator submitted to the select board pursuant to section 1. Any such notice or warrant may
also include a date, time and place for the town meeting to be resumed in the event that the town
meeting does not approve conducting the town meeting remotely as required under section 7.
Within 5 business days after any vote of the select board to approve the request of the moderator
to hold any town meeting remotely pursuant to this section, the town clerk shall submit a
certified copy of the vote of the select board and of the written request of the moderator to the
attorney general.
SECTION 6. Notwithstanding any general or special laws, charter provisions or bylaws to the
contrary, each vote taken at a representative town meeting held through remote participation
pursuant to this act shall be taken by such means as the moderator shall determine accurately and
securely records the votes of those entitled to vote at the meeting, which means may include
without limitation roll calls, electronic voting, voting by ballot, voting by phone or any
combination of the foregoing. Notwithstanding any general or special laws, charter provisions or
bylaws to the contrary, the moderator is vested with sole discretion to determine the manner and
timing for submission and presentation of written and audio-visual materials and the regulation
of speakers at a town meeting held pursuant to this act.
#1087511vl 2
59868199 v1
SECTION 7. Prior to taking any other vote at a representative town meeting held through
remote participation pursuant to this act, the town meeting members present and voting at such
meeting shall vote on whether or not to approve conducting the town meeting remotely by means
of the video conferencing platform being used. If the town meeting votes to approve conducting
the town meeting remotely, then the town meeting shall proceed by remote participation to
address the articles included in the warrant. If the town meeting does not approve conducting the
town meeting remotely, then the town meeting shall be adjourned to the date, time and place
specified in the notice or warrant as provided in section 5, or if no such date, time and place has
been specified, the town meeting shall immediately and automatically be dissolved without
taking any votes on any other matters, and the select board may only call the town meeting again
pursuant to a new warrant that provides for the town meeting to be held in person at a physical
location in accordance with section 10 of chapter 3 9 of the general laws and all other applicable
laws, the provisions of the town charter and bylaws.
SECTION 8. Any representative town meeting held remotely pursuant to this act shall be
recorded and the recording shall be preserved and made available for public view on the town's
web page for at least 30 days following the conclusion of the town meeting.
SECTION 9. This act shall take effect upon its passage and shall remain in effect until the
termination of the state of emergency declared by the governor on March 10, 2020 related to the
Covid-19 pandemic. Any town that has called a town meeting to be held by remote participation
in accordance with this act pursuant to a warrant issued by the select board prior to the
termination of the state of emergency may proceed to hold such town meeting by remote
participation in accordance with the provisions of this act.
SECTION 10. All acts, proceedings and votes taken by a representative town meeting pursuant
to and in accordance with this act and all actions taken pursuant thereto are hereby ratified,
validated and confirmed to the same extent as if the town meeting had been conducted in
accordance with all other applicable laws, charter provisions, and bylaws.
#1087511vl 3
59868199 v1
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Applications: Change of DBA - CFHP The Hangar, LLC d/b/a Revolution Hall
PRESENTER:TER• ITEM
S
NUMBER.
Doug Luc ente, Chair
I.4
SUMMARY:
CFHP The Hangar, LLC has submitted all the necessary paperwork needed to request a change of their
D/B/A name from Craft Food Hall Project to Revolution Hall on their 2020 All Alcohol Restaurant Liquor
License and their Common Victualler License.
SUGGESTED MOTION:
Motion to approve the CFHP The Hangar, LLC applications for a change of D/B/A and to amend the 2020
All Alcohol Restaurant Liquor License and 2020 Common Victualler License to CFHP The Hangar, LLC
d/b/a Revolution Hall, 3 Maguire Road
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020 7:55pm
ATTACHMENTS:
Description Type
E) pl,,.)Iicati n „Cbry-irrion.Victualler ..Cli. n.e of r)1 ,. Backup Material
F) I.::..ocal I:...icensiri i;itlri.o zatli n.poor-rn fkackup Material
o JS 14oRNIP
�..; TOWN OF LEXINGTON
N .�.
IxSELECTMEN'S OFFICE
I
s +
APRIL NOT"
APPLICATION FOR
COMMON VICTUALLER LICENSE
The Board of Selectmen issues Common Victualler licenses to establishments that cook,prepare
and serve food at tables. Please fill in this form completely and return to the Selectmen's Office
along with a check for$25.00 made payable to the Town of Lexington,the Workers' Compensation
Insurance Affidavit form,and the declaration page of your workers compensation insurance policy.
CORPORATE NAME: ����°� � ����� *.,
rt
D/B/A: Qtviok
ON-SITE MANAGER NAME AND PHONE NUMBER:
,IQ P, Alrw,�iiie, I
BUSINESS ADDDRES S: ltc)rx
EMAIL ADDDRE S S:
HOURS �.
.
w
ADDITIONAL INFORMATION:
Authorized Signature Federal Identification No. or
Social Security Number
Submit to Selectmen's Office:
1. Application
2. Check for$25.00 (payable to Town of Lexington)
3. Workers' Compensation Insurance Affidavit (including copy of
Declaration page of policy)
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission
95 Fourth Street Suite 3 Chelsea MA 02150-2358
t www.mass.gov/abcc
APPLICATION FOR AMENDMENT-Change of Business Entity Information
F1 Change of Corporate Name D Change of Corporate Structure
Change of DBA • DOR Certificate of Good Standing
• DUA Certificate of Compliance
• DOR Certificate of Good Standing(Req.for Chg of Corp Name only) • Change of Corporate Structure Application• DUA Certificate of Compliance (Req.for Chg of Corp • Vote of the Entity
Name only) • Payment Receipt• Change of Corporate Name/DBA Application • Business Structure Documents
• Vote of the Entity • If Sole Proprietor, Business Certificate
• Payment Receipt
• If partnership, Partnership Agreement
• Business Structure Documents • If corporation or LLC,Articles of Organization
• If Sole Proprietor, Business Certificate from the Secretary of the Commonwealth
• If partnership, Partnership Agreement
• If corporation or LLC,Articles of Organization
from the Secretary of the Commonwealth
1. BUSINESS ENTITY INFORMATION
Entity Name Municipality ABCC License Number
CFHP The Hangar,LLC Lexington 05179-RS-0612
Please provide a narrative overview of the transaction(s) being applied for.
The existing licensee is applying to change the DBA from The Craft Food Fall Project to Revolution Hall.
APPLICATION CONTACT
The application contact is the person who should be contacted with any questions regarding this application.
Name Title Email Phone
Amanda Dole Analyst
2 , CHANGES TO BUSINESS ENITIY INFORMATION
Last-Approved Corporate Name:
2a.Change of Corporate Name
Requested New Corporate Name:
Last-Approved DBA: Craft Food Hall Project
2b.Change of DBA
Requested New DBA: Revolution Hall
2c.Change of Corporate Structure Last-Approved Corporate Structure
LLC,Corporation,Sole Proprietor,etc
Requested New Corporate Structure
Signature:� ��� ������.........�� '° � � � Date: 3/24/20
Title: LLC Manager
APPLICANT'S STATEMENT
x
11 Douglas N.Ferriman the. sole proprietor, partner, corporate principal, LLC/LLP manager
Authorized Signatory
of ICFHP The Hangar,LLC
Name of the Entity/Corporation
hereby submit this application (hereinafter the "Application"),to the local licensing authority (the "LLA") and the Alcoholic
Beverages Control Commission (the "ABCC" and together with the LLA collectively the "Licensing Authorities")for approval.
do hereby declare under the pains and penalties of perjury that I have personal knowledge of the information submitted in the
Application, and as such affirm that all statements and representations therein are true to the best of my knowledge and belief.
further submit the following to be true and accurate:
(1) 1 understand that each representation in this Application is material to the Licensing Authorities' decision on the
Application and that the Licensing Authorities will rely on each and every answer in the Application and accompanying
documents in reaching its decision;
(2) 1 state that the location and description of the proposed licensed premises are in compliance with state
and local laws and regulations;
(3) 1 understand that while the Application is pending, I must notify the Licensing Authorities of any change in the
information submitted therein. I understand that failure to give such notice to the Licensing Authorities may result in
disapproval of the Application;
(4) 1 understand that upon approval of the Application, I must notify the Licensing Authorities of any change in the
ownership as approved by the Licensing Authorities. I understand that failure to give such notice to the
Licensing Authorities may result in sanctions including revocation of any license for which this Application is submitted;
(5) 1 understand that the licensee will be bound by the statements and representations made in the Application, including,
but not limited to the identity of persons with an ownership or financial interest in the license;
(6) 1 understand that all statements and representations made become conditions of the license;
(7) 1 understand that any physical alterations to or changes to the size of the area used for the sale, delivery, storage, or
consumption of alcoholic beverages, must be reported to the Licensing Authorities and may require the prior approval
of the Licensing Authorities;
(8) 1 understand that the licensee's failure to operate the licensed premises in accordance with the statements and
representations made in the Application may result in sanctions, including the revocation of any license for which the
Application was submitted; and
(9) 1 understand that any false statement or misrepresentation will constitute cause for disapproval of the Application or
sanctions including revocation of any license for which this Application is submitted.
(10) 1 confirm that the applicant corporation and each individual listed in the ownership section of the application is in
good standing with the Massachusetts Department of Revenue and has complied with all laws of the Commonwealth
relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.
Signature: .�� , � Date: 3/24/20
Title: LLC Manager
CORPORATE VOTE
The Board of Directors or LLC Managers o f CFHP The Hangar,LLC
Entity Name
duly voted to apply to the Licensing Authority of Lexington and the
City/Town
Commonwealth of Massachusetts Alcoholic Beverages Control Commission on 8/5/19
Date of Meeting
For the following transactions (Check all that apply):
Change Corporate Name
Change Corporate Structure(i.e.Corp/LLQ
Change of DBA
E] Other
"VOTED: To authorize Douglas N.Ferriman
Name of Person
to sign the application submitted and to execute on the Entity's behalf, any necessary papers and
do all things required to have the application granted."
For Corporations ONLY
A true copy attest, A true copy attest,
w
, Corporation Clerk's s Signature eC poste3*`ficeir/LLC ,M,, is age Sn , I"r
(?r1int, N rne° (Print Name)
MA SOC Filing Number: 201988656900 Date: 4/4/2,019 10.-09:00AM
...........
1,00,04",
The Commonwealth of Massachusetts Minimum Fee-$500.00
William Francis Galvin
f.........
Ij
Secretary of the Commonwealth,Corporations Division
One Ashburton Place, 17th floor 1.
X1
Boston MA 02108-1512
lfw�,
Telephone: (617)727-9640
INIM
Identification Number: 001377149
E
1.The exact name of the limited liability company is: CFHP THE HANGAR LLC.
I 2a. Location of its principal office:
No. and Street: 325 BACON ST#6
City or Town: WALTHAM State.- MA Zip: 02451 Country:USA
2b.Street address of the office in the Commonwealth at which the records will be maintained:
No. and Street: 325 BACON ST#6
City or Town: WALTHAM State: MA Zip: 02451 Country:USA
1,11 3.The general character of business, and if the limited liability company is organized to render professional
service,the service to be rendered:
M!
A t RESTAURANT
41/11,
4.The latest date of dissolut,ion, if specified:
V
5. Name and address of the Resident Agent:
a;.
Name: MELISSA FERRIMA
No. and Street: 325 BACON ST#6
City or Town: WALTHAM State: MA Zip'- 02451 Country:USA
1, MELISSA FERRIMAN resident agent of the,above limited liability company, consent to my appointment as
I the resident agent of the above limited liability company pursuant to G. L. Chapter 15�6C Section 12.,
6.,The name,and business address of each manager, if any:
rr
Title Individual Name Address (no PO Box)
First,Middle,Last,Suffix Address,City or Town,State,Zip Code
MANAGER MELISSA M.FERRIMAN
325 BACON ST#6
WALTHAM,MA 02451 USA
MANAGER DOUGLAS N.FERRIMAN
325 BACON ST#6 "M
01
WALTHAM,MA 02451 USA
7.The name and business address of the persons) in addition to the manager(s), authorized to execute r'J
documents to,be filed with the Corporations Division, and at least one person shall be named if there are no �°�'
managers.
j �'�KI
'Title Individual Name Address (no PO Box)
First,Middle,,Last,Suffix Address,City or Town,State,Zip Code
............... .............
s<3
8.The name and business address of the person(s)authorized to execute, acknowledge, deliver and record
any recordable instrument purporting to affect an interest in real property:
z
Title Individual Name Address(no PO Box)
-
First,Middle,Last,Suffix Address,City or Town,State,,Zip Code
.. .... ................... .......
REAL PROPERTY MELISSA M.FERRIMAN
325 BACON ST#6
WALTHAM,MA 02451 USA
REAL PROPERTY DOUGLAS N.FERRIMAN
325 BACON ST#6
WALTHAM,MA 02451 USA
......... ..... .......
3
9.Additional matters:
SIGNED UNDER THE PENALTIES OF PERJURY,this 4 Day of April,2019,
MELISSA FERRIMAN
(The certificate must be signed by the person forming the LLC)
}
.......................... .................. ................ .............................. . ....... ... ...... ............
gtll
D 2001 -2019 Commonwealth of Massachusetts (c
All Rights Reserved
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'.,..�x..-..w>..-.r.,.,�;:.:a�:»,�:w.:c.�.w:a-u.•ar:.�,•w::w•.;_-...,.....:.:..u......,r..;�:,....,.�,,..N:w,...,u,.a�:'._�:...H:...:.e:::::.::�..s;:ti:.i:::i:.....,a�c...a-,:. ....-..;;:�':��-�.....�.;.,,,;,••z:»
.Ai3..r:•rtiii%`:.-.�+,. }^...�...,t...C.. .a. i'��Fi-�yz�yi2-a:.s`�'=e::.:�"'�a'��":.'.
.��,... ,...v. �.N,...._.w,��..�....;.....,........: .�...,,..,......�....d...�.......M.,..-,,.......r�.�....,.�Nw,.w..�,..�.�,...H..,,...,.....,.,e....�...-......uu...»..;,z�s:.,�.,...e..,..,...�,,,.,....H.�a.�« .<.,,.xc,,..-0a..,.e-w..,,.W..-....H.k....................,.._......-..,.w.,.-.......,......�........c.-..--,w-,..,-w-._
MA SOC Filing Number: 201988656900 Date: 4/4/2019 10:09:00 AM
THE COMMONWEALTH OF MASSACHUSETTS
I hereby certify that,upon examination of this document, duly submitted to me, it appears
that the provisions of the General Laws relative to corporations have been complied with,
and I hereby approve said articles; and the filing fee having been paid, said articles are
deemed to have been filed with me on:
April 04, 2019 10:09 AM
f
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
The Commonwealth of Massachusetts
Alcoholic Beverages Control Commission For Reconsideration
n �
a
t� LICENSING AUTHORITY CERTIFICATION
V
Lexington 05179-RS-0612
City/Town ABCC License Number
TRANSACTION TYPE(Please check all relevant transactions):
The license applicant petitions the Licensing Authorities to approve the following transactions:
New License Change of Location Change of Class(i.e.Annual/Seasonal) Change Corporate Structure(i.e.Corp/l_l_c)
Transfer of License Alteration of Licensed Premises Change of License Type(i.e.club/restaurant) Pledge of Collateral(i.e.License/Stock)
Change of Manager Change Corporate Name Change of Category(i.e.All Alcohol/Wine,Malt) El Management/Operating Agreement
Change of Officers/ Change of Ownership Interest issuance/Transfer of Stock/New Stockholder Change of Hours
Directors/LLC Managers E] (LLC Members/LLP Partners,
Trustees) E Other F Change of DBA
APPLICANT INFORMATION
Name of Licensee CFHP The Hangar,LLC DBA Revolution Hall
Street Address 3 Maguire Road Zip Code 02421
Granted under Yes No
Manager Nicholas P.Arone Special Legislation?
Annual � � If Yes,Chapter
§12 RestaurantEl All Alcoholic Beverages
of the Acts of(year)
T�rpe Class Category
(i.e.restaurant,package store) (Annual or Seasonal) (i.e.Wines and Malts/All Alcohol)
DESCRIPTION OF PREMISES Complete description of the licensed premises
one story 4,768+/-s.f. building to be constructed including a RFID-controlled Wine and Beer Station not to exceed 30 taps.The interior
design is an open floor plan with seating for a maximum of 142 patrons indoor;seasonally patron seating will be 108 indoor and 42
outdoor patio.The outdoor patio will be enclosed with a fence.
LOCAL LICENSING AUTHORITY INFORMATION
Application filed with the LLA: Date March 24, 2020 Time 11:11 a.m.
Advertised Yes E] No Z Date Published N/A Publication
Abutters Notified: Yes E] No Z Date of Notice N/A
Date APPROVED by LLA Decision of the LLA El
Additional remarks or conditions
(E.g.Days and hours)
For Transfers ONLY:
Seller License Number: Seller Name:
Alcoholic Beverages Control Commission
The Local Licensing Authorities By: Ralph Sacramone
Executive Director
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Review Draft Letter in Support of the Application to the All-American Road Scenic Byway
Designation
PRESENTER: ITEM
NUMBER:
Jill Hai, Battle Road Scenic Byway
Committee I.5
SUMMARY:
The Board is being asked to review a draft letter to be sent in support of the application being submitted for
designation of the Battle Road Scenic Byway as an All-American Road Scenic Byway.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020 8:OOpm
ATTACHMENTS:
Description Type
F) D AI="F 1.... :1 Eton lett:w, ofsupport Fed byway ap p]......... 1 ack:up Material
Danielle Blackshear
Transportation Specialist
National Scenic Byways Program
Federal Highway Administration
Washington, DC
Dear Ms. Blackshear,
On behalf of the Town of Lexington, we are pleased to support the nomination of the Battle
Road Scenic Byway to the U.S. Department of Transportation's Federal Highway
Administration National Scenic Byways Program for the "All-America Road" designation.
Lexington is a scenic New England town with national historic significance, drawing visitors
from all over the world to our shops, restaurants, movie theatre, Arts Centers, Lexington
Symphony and our brand new Visitors Center. Lexington has over 1,300 acres of conservation
land with over 50 miles of trail access and 429 acres of recreation land and open space, including
athletic fields, parks and play areas, swimming facilities, tennis courts and playgrounds. In
addition, the Minuteman Commuter Bikeway, the busiest bikeway in Massachusetts, runs
through Lexington on its route from Cambridge to Bedford. There are four National Register
Historic Landmarks and 12 individually listed historic properties in Lexington.
What is now Lexington was originally part of Cambridge, which was established in 1630. From
the early 17th century until its incorporation as a town in 1713, Lexington was known by the
name of"Cambridge North Precinct" or, more commonly, "Cambridge Farms." In 1713, the
parish of Cambridge Farms became the town of Lexington, and the first public schoolhouse in
Lexington was built on the Common in 1715.
The first battle of the American Revolution took place in Lexington on April 19, 1775, and the
town has long been known as "The Birthplace of American Liberty". On that fateful spring
morning some seventy-seven militia members led by Captain John Parker stood on
the Lexington Common to challenge the British troops. Eight were killed on the Common, seven
of whom were residents of Lexington, in the first armed conflict of the Revolutionary War.
The Old Burying Ground is Lexington's oldest cemetery; the earliest graves date from 1690. The
entrance to the Old Burying Ground is on the corner of Harrington Road and Massachusetts
Avenue,just across the street from the Battle Green. The cemetery contains the graves of many
prominent early Lexington settlers, as well as soldiers from the Revolutionary War and the Civil
War, and even a British soldier who was injured in the fighting on the Battle Green and died a
few days later in Buckman Tavern. The Minutemen who fell on the Battle Green were originally
buried here but were disinterred and reburied on the Battle Green. A monument just off
Massachusetts Avenue marks their graves.
The Battle Road was designated a Scenic Byway by the Massachusetts Legislature and approved
by the Governor on November 8, 2006. Since the completion of the Battle Road Corridor
Management plan in May 2011, the Battle Road Scenic Byway Committee has overseen the
implementation of many of the Corridor Management Plan's goals to highlight the historic,
cultural, recreational, scenic, and natural resources along this route. The Committee believes
that this application demonstrates that the Battle Road Byway's intrinsic qualities exemplify the
qualifications for the All-America Road designation.
The All-America Road designation from the FHWA's National Scenic Byways program will
enshrine the storied Byway that sparked revolutionary thought and action essential to the
American narrative and will continue to promote its status as a national tourist attraction. We
thank you for accepting our nomination.
Sincerely,
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Select Board Committee Appointment
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
I.6
SUMMARY.-
Board of Registrars
Gordon Jones' term to the Registrar of Voters expired on March 31, 2020. A letter was sent to both the
Republican and Democratic Town Committees requesting nominations for consideration for appointment. The
fo llo wing nominations were submitted and sent to the Select Board:
• Gordon Jones -Nominee from Democratic Town Committee
• Alan S eferian-Nominee from Republican Town Committee
The Select Board Office collected and tallied up the Select Board Members votes for appointment to the
position. The tally resulted in favor of Gordon Jones being reappointed to the Registrar of Voters.
SUGGESTED MOTION:
Move to reappoint Gordon Jones to the Registrar of Voters to a term to expire March 31, 2023.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020 8:10pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve and Sign Proclamations
PRESENTER:TER• ITEM
S
NUMBER:
Doug Luc ente, Chair
C.1
SUMMARY:
You are being asked to sign proclamations to c o mmemo rate the fo llo wing:
• National Public Safety Telec o mmunic ato rs Week Proclamation to be c eleb rated from April 12 to 18,
2020.
• National Library Week to be c eleb rated from April 19 to 25, 2020. The proclamation that encourage all
citizens to recognize the staff of the Cary Memorial Library and encourage all citizens to Library to take
advantage of the wonderful library resources available.
• Arbor Day is being recognized nationally on Friday, April 24, 2020. The proclamation urges all citizens
to support efforts to protect trees and woodlands and to support our town's urban forestry program
and also to urge all citizens to plant and protect trees to promote the well-being of present and
future generations.
SUGGESTED MOTION:
Move to approve the Consent Agenda
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020
ATTACHMENTS:
Description Type
F) 2020 Nition.al Public Saf ty".r'elecorymun.icators Week Pro cla 1-nat ion. f3dackup material
F) 2020 National L.,ibraty Week h-oclana.ation flaclup IVIlaterial
F) 20),OA.rl,,)or.[)a.y.Pf(.�)claiiiiatioii. Backup VIlateilal
eid
° ToWn of lexington,
- h asp
SELECT BOARD
APRILt9m"
,p
-ria rlamatt'o n
Whereas: emergencies can occur at any time requiring police, fire or emergency medical services; and
Whereas: when an emergency occurs the prompt response of police officers, firefighters and paramedics is
critical to the protection of life and preservation of property; and
Whereas: the safety of our police officers and firefighters is dependent upon the quality and accuracy of
information obtained from citizens who contact the Town of Lexington, Massachusetts Public
Safety Dispatch Center; and
Whereas: Public Safety Dispatchers are the first and most critical contact our citizens have with emergency
services; and
Whereas: Public Safety Dispatchers are the single vital link for our police officers and firefighters by
monitoring their activities by radio,providing them information and insuring their safety; and
Whereas: the Public Safety Dispatchers of the Town of Lexington have contributed substantially to the
apprehension of criminals, suppression of fires,treatment of patients and comfort to resident
callers; and
Whereas: each Public Safety Dispatcher has exhibited compassion,understanding and professionalism during
the performance of their job in the past year.
NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington, Massachusetts do hereby
proclaim the week of April 12 to 18, 2020 as:
National Public Safety Telecommunicators Week
in the Town of Lexington and call upon all citizens to join us in recognizing the Town of Lexington Public
Safety Dispatchers whose diligence and professionalism keep our town and citizens safe.
IN WITNESS WHEREOF,we have set our hands and caused the seal of Lexington to be affixed herewith on
the 13th of April 2020.
DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO
SUZANNE E.BARRY JILL I.HAI
MARK D.SANDEEN
mown of extn ton, &55ar�uatt.5
SELECT BOARD
r1a C111 att,0 n
Whereas: libraries create potential and possibilities within their communities, campuses and schools; and
Whereas: libraries level the playing field for all who seek information and access to technologies; and
Whereas: libraries continuously grow and evolve in how they provide for the needs of every member of their
communities; and
Whereas: libraries and librarians open up a world of possibilities through innovative programing, access to
technology and the power of reading; and
Whereas: librarians are trained,tech-savvy professionals,providing technology training and access to
downloadable content like e-books; and
Whereas: libraries support democracy and effect social change through their commitment to provide equitable
access to information for all library users regardless of race, ethnicity, creed, ability, sexual
orientation, gender identity or socio-economic status; and
Whereas: libraries, librarians, library workers and supporters across America are celebrating National Library
Week; and
Whereas: Tuesday,April 21,2020 has been designated as National Library Workers day in appreciation of their
work; and
Whereas: Cary Memorial Library in Lexington,Massachusetts is located in the heart of the Town center and the
library and library workers provide an invaluable service to the citizens of Lexington with
compassion,understanding and professionalism.
NOW, THEREFORE, WE, THE SELECT BOARD of the Town of Lexington,Massachusetts do hereby proclaim the
week of April 19 to 25,2020 as
National Library Week
in the Town of Lexington and encourage all citizens to join us in recognizing the staff of the Cary Memorial Library
and further encourage all citizens to take advantage of the wonderful library resources available.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 13th
of April 2020.
DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO
SUZANNE E.BARRY JILL I.HAI
MARK D.SANDEEN
L4.01
.�J
w� Tobin of lextngton, A1
SELECT BOARD
ria cla at t"o
Whereas: in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day
be set aside for the planting of trees; and
Whereas: this holiday, called Arbor Day, was first observed with the planting of more than a million
trees in Nebraska; and
Whereas: Arbor Day is now observed throughout the nation and the world; and
Whereas: trees can reduce the erosion of our precious topsoil by wind and water, cut heating and
cooling costs, moderate the temperature, clean the air, produce oxygen and provide habitat
for wildlife; and
Whereas: trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and
countless other wood products; and
Whereas: trees in our town increase property values, enhance the economic vitality of business areas,
and beautify our community; and
Whereas: this year the Town of Lexington has once again been recognized as a Tree City USA, the 31 St
year for this designation.
NOW, THEREFORE, WE THE SELECT BOARD of the Town of Lexington, Massachusetts, do hereby
proclaim Friday, April 24, 2020 as
Arbor Day
in the Town of Lexington and we urge all citizens to support efforts to protect our trees and woodlands
and to support our town's urban forestry program; And Further, urge all citizens to plant and protect trees
to promote the well being of present and future generations.
IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith
on the 13th of April 2020.
DOUGLAS M.LUCENTE,CHAIR JOSEPH N.PATO
SUZANNE E.BARRY JILL I.HAI
MARK D.SANDEEN
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Meeting Information
PRESENTER: ITEM
NUMBER:
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
4/13/2020