HomeMy WebLinkAbout2020-12-14 SB Packet - Released SELECT BOARD MEETING
Monday, December 14, 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.
TOWN MANAGER REPORT
CONSENT AGENDA
1. Water and Sewer Adjustments
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Annual L is ens e Renewals 7:10p m
2. Citizens'Academy Graduation 7:15p m
3. Accept Amended Declaration of Restrictive Covenant for Winding Road/Penny 7:25pm
Lane S ub divis ion& Conservation Restriction for 7 Tavern Lane
4. Accept FY2021 Street Acceptance Schedule & Vote Intent to Layout Penny Lane, 7:30pm
Winding Road and Luo ngo Farms Road as Public Ways
5. Update and Next Steps on Proposed Changes for Verizon License Renewal 7:40pm
6. Approve and Sign Purchase and Sale Agreement- 344 Lowell Street 7:50pm
7. Discuss FY2022 Department Budgets 7:55pm
8. C O VID-19& Reopening Update 8:55pm
• Strategies, Implementation, Community Response Actions and Reopening
Efforts Related to C O VID-19 Guidelines and Directives
9. Update on Next Steps for Social Racial Equity Initiatives 9:00pm
10. Town Manager Performance Appraisal and Goals Review 9:05pm
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
ADJOURN
1. Anticipated Adjournment 9:35pm
*as per Executive Order regarding remote participation:https://www.mass.gov/doc/open-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://zoom.us/j/98271119590?pwd=amJuNzJ2eExLUUJmUGdQbnQ OMUZS Q TO9
iPhone one-tap:
+19294362866„98271119590# or+13017158592„98271119590#
Telephone:+1 301 715 8592 or+1 312 626 6799
Webinar ID: 982 7111 9590
P asscode: 542221
The next regularly scheduled meeting of the Select Board will be held by remote participation on
Monday, December 21, 2020 at 7:00pm.
Hearing Assistance Devices Available on Request
All agenda time and the order of items are approximate and Leylgedil"a
subject to change. Recorded by LexMedia
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Water and Sewer Adjustments
PRESENTER: ITEM
NUMBER:
Doug Luc ente, Select Board Chair
C.1
SUMMARY:
Water& Sewer Adjustments per W S AB meeting Oct 29, 2020 ($ 7,116.68)
SUGGESTED MOTION:
To approve the above recommended adjustments by W S AB
FOLLOW-UP:
Treasurer/ Collector
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020
ATTACHMENTS:
Description Type
FY 0 1
ADJUSTMENTS TO WATER/SEWER
AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD
PAGE 1 OF1
WSAB OCTOBER 29, 020 BOS 1 /14/ 020
ACCOUNT NBR STREET WATER SEWER T07AL BILL YEAR NOTES
0300874200 476 NIARRETT ROAD 1 078.1 4 7 9.69 5,827.7 972222 2020 FROZEN PIPE IN WINTER
0200563300 6 SHE<RMAN STREET 115.28 92J7 $ 508.03 967491 2020 RUNNING TOILET
0300763800 76 MYRTLE STRET 197.80 $ 683.00 780.8 970813 2020 LOT OF ESTIMATED BILLS
It is the recommendation of the later and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on
the bills included herein,unless stated here otherwise,from the flue date of the bill until 30 calendar days after the date of written notification to
applicant of the Selectmen's action.
THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED.
WATER SEWER TOTAL
DIRECTOR OF PUBLIC WORKS SELECTBOA D 12/14/20
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Annual License Renewals
PRESENTER: ITEM
NUMBER:
Doug Luc ente, Select Board Chair
I.1
SUMMARY:
The annual lic ens e renewals on the attached lists are ready for your approval and signatures.
SUGGESTED MOTION:
Move to approve and sign the lic ens e renewals identified on the attached fists.
FOLLOW-UP:
Select Board Office
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:10pm
ATTACHMENTS:
Description Type
2021 ANNUAL LICENSE RENEWALS
December 14, 2020
Automatic Amusement Device License
Lexington Lodge of Elks
Class I License
Lexington Toyota Inc.
Class II License
A to Z Auto Wholesale
Lexington Auto Center, Inc.
Lexington Auto Service, Inc.
Mabuchi Motorcars
Minutemen Auto Haus
Class III License
John P. Carroll Company, Inc.
Common Victualler License
Alexander's Pizza
Beijing Cuisine
Bertucci's
Clay Oven Indian Restaurant
Daikanyama Japanese Cuisine
Dunkin-'-317 Woburn Street
Dunkin Donuts-10 Woburn Street
Dunkin Donuts-141 Massachusetts Avenue
Dunkin Donuts-277 Bedford Street
Dunkin Donuts-323 Marrett Road
Fruitee Yogurt
it Casale
Inn at Hastings Park
Ixtapa Cantina Mexican
La Dolda, LLC
Lexington Lodge of Elks
Lexington House of Pizza
Love at First Bite Thai Kitchen
Mario's Italian Restaurant
McDonald's
Common Victualler License (cont.)
Nick's Restaurant of Lexington, Inc.
Panera Bread
Peet's Coffee& Tea
Pine Meadows Golf Club
Qdoba Mexican
Rancatore's Ice Cream& Yogurt
Revolution Hall
Royal India Bistro
Spice Box
Starbucks-60 Bedford Street
The Hangar
The Upper Crust
Tres Petite Creperie
Via Lago Inc.
Wicked Bagel
Entertainment License
Aloft Lexington
Bertucci's
Clay Oven Indian Restaurant
Element Lexington
it Casale
Inn at Hastings Park
Love at First Bite Thai Kitchen
Revolution Hall
Spice Box
Starbucks-60 Bedford Street
Starbucks-1729 Massachusetts Avenue
Via Lago Inc.
Lodging/Innholder License
Aloft Lexington
Element Lexington
Inn at Hastings Park
Quality Inn&Suites
December 14, 2020
LIQUOR LICENSE RENEWALS READY FOR APPROVAL
ALL ALCOHOL/RESTAURANTS
Clay Oven
Dabin Rest.
II Casale
Ixta pa
Beijing Cuisine
Bertucci's
Love at First Bite
Revolution Hall
Royal India Bistro
Sanyo(currently closed due to pandemic operating costs,will reopen in Spring 2021)
Via Lago
ALL ALCOHOL/INNHOLDER
TIA'7ftHotel
Element Hotel
Inn @Hastings Park
WINE/MALT
Taikanyama
Marios
Taipei Gourmet
Upper Crust
PAC KAG E STO R E
Berman's
Busa Bros.
Vinebrook Bottle
CLUBS
Lexington Golf Club
Knights of Columbus
Lexington Elks
VFW
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Citizens' Academy Graduation
PRESENTER: ITEM
NUMBER:
Katharine Labrecque, Management
Fellow I.2
SUMMARY:
Katharine L ab rec que, Management Fellow from the Town Manager's Office, will review Lexington Citizen's
Academy, now in its 12th year, in which residents meet once a week in the evenings to learn about local
government, specifically, the role each department plays in serving the public. The goal of the program is
citizen engagement and the program is designed to connect residents with the Select Board and Town staff
and to encourage participation on Town committees/boards and as Town Meeting members.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:15pm
ATTACHMENTS:
Description Type
CITIZENS'ACADEMY 2020 GRADUATING CLASS
1. Hillary Anderson-Oei
2. Marie Aude
3. Bob Balaban
4. Ragu Bharadwaj
5. Diana Carson
6. Maria Claybourne
7. Elizabeth Crampton
8. Jodia Finnegan
9. Maura Fiske
10. Sheila Frankel
11. Yusuf Ghadiali
12. Stephanie Hsu
13. Sheila Lawrence
14. Ashish Mandelia
15. Samita Mandelia
16. Evelyne Martial
17. Marilyn McCaffrey
18. Liliane Ortolan
19. Jeremy Singh
20. Wade Thompson
21. Sushil Vachani
22. Shimay Wei
23. Annie Wong
24. Karyn Zhao
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Accept Amended Declaration of Restrictive Covenant for Winding Road/Penny Lane
Subdivision& Conservation Restriction for 7 Tavern Lane
PRESENTER: ITEM
NUMBER:
Phil Hamilton, Conservation
Commission I.3
SUMMARY:
The Conservation Commission recently accepted an Amended and restated Declaration of Restrictive
Covenant for the Winding Road/Penny Lane Subdivision Project off Cedar Street and a Conservation
Restriction for 7 Tavern Lane. The next step requires the Select Board to review and accept each one in order
to complete the process and record at the Registry of Deeds before the new owners close on the property.
SUGGESTED MOTION:
Move to approve the Amended and Restated Declaration of Restrictive Covenant for the Winding
Road/Penny Lane Subdivision Project as attached.
Move to approve the Conservation Restriction for 7 Tavern Lane and further to authorize the Select Board
Chair to sign the Conservation Restriction authorizing the Conservation Commission.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:25pm
ATTACHMENTS:
Description Type
I
7111'avem.C.R. 1113ackup IMIl.aterial.
WINDING ROAD AND PENNY INANE
AMENDED D AND RESTATED
DECLARATION L ION F RESTRICTIVE COVENANTS
THIS AMENDED AND RESTATED DECLARATION OF RESTRICTIVE
COVENANTS (this"Declaration"), made this day of September, 2020(the"Effective
Date") by Susan Staecker, Trustee of the Cedar Street Nominee Trust u d t dated October 17,
2017 and filed with the Land Court as Document Number 01 73926, Certificate No, 266344,
owner of Lot 9, aka 8 winding Road Lexington, IAA, by deed filed with the Land Court as
Document No. 017739 7, Certificate No. 266344; Kristian J. Elverum and Jennifer L.
Elverum, Trustees of the 2012 Revocable Tryst of Kristian J. Elverum u d t dated Se to her
1, 2012 as set forth in a Trustee's Certificate filed with the Land Court as Document No.
0184941 8, Certificate No. 273 8 5 5 and Kristian J. Elv erum and Jennifer L. Elverum,
Trustees of the 2012 Revocable Trust of Jennifer L. Elverurn tM t dated September 1, 2012
as set forth in a Trustee's Certificate Filed with the Land Court as Document No, 01 49419,
Certificate No, 273855, owners of Lot 6, ,k . 3 Penny Lane, Lexington, MA, by deed filed with
the Land Court as Document N , 01817, Certificate Number 273 8 ; David G. Moore and
Lorien J. Moore, owners of Lot 7, a k/a 1 Penny Lane Lexington, MA, by deed filed with the
Land Court as Document No, 01 18202, Certificate No. 271018, Robert 0. Roell and Andrea
M. Roell, owners of Lot 8, aka 6 winding Road Lexington, MA by deed filed with the Lana
Registration Office of Middlesex South District Registry of Deeds(the "Lard Court") as
Document No. 0 18 51823, Certificate No, 27403 6; and Justin A. Fleming and Hae in Chang,
owners of Lot 14 fka Lot 10, aka 5-winding Road Lexington, MA, by deed filed with the
Land Court as Document No, 018066831, Certificate N . 269767,(collectively, the`Lot
Owners") are the owners of that lard (the"Pro e ") as legally described on Exhibit A attached
hereto, and as shown on a plan entitled "Winding Road Definitive Subdivision Plan of Land" and
filed with the Lard Court as Plan No. 1449H, as well as a plan attached hereto as Exhibit.B
entitled "Winding Road& Penny Lane Restricted Covenant Plan.of Land" dated February 5,2018
(the"Plan").
WHEREAS, reference is made to that certain Winding Road and Penny Lane
Declaration of Restrictive Covenants, dated August 16, 2018, made by the Lot Owners and
filed with the Land Court as Document No. 1796997, Certificate No, 66344;
WHEREAS, the Lot Owners and the Conservation Commission of the Town of
Lexington(the "Conservation Commission") desire to ratify and amend said winding Road and
Penny Lane Declaration of Restrictive Covenants, pursuant to the terms and Provisions of this
Declaration;
WHEREAS, it is the intent of the Lot Owners for themselves and their heirs, successors,
and assigns, as well as for the Conservation Commission, to establish certain permanent
restrictions and requirements to assure that a certain portion of the Property shown the Plan as
"Proposed Restrictive Covenant Area,"containing 62,355 square feet within Lot 6, 54,577 square
feet within Lot 7, 44,185 square feet within Lot 8, 55,801 square feet within Lot 9 and 36,966
square feet within Let 10 14 f a Lot 1 (Total Restrictive Covenant Area=253,884 square
feet) according to said Plan (collectively, the "Restricted Covenant Area"), to be maintained in its
natural condition in perpetuity, predominantly in a natural, scenic and undeveloped condition,
and to prohibit any use or change that would materially impair or interfere with its conservation
and preservation purpose, all as required as a continuing condition in that Order of Conditions
filed with the(land Court as Document No. 017743 86, Certificate No. 2663 86, and the Amended
rder of Conditions flled with the Land Court as Document No. 0 17 8 5 817, Certificate No.
663 86;
WHEREAS,, said Restricted Covenant Area shall be subject to the re wire ents of the
easements, covenants, restrictions and agreements contained in this Declaration which shall bind
and inure to the benefit of the Town of Lexington (the "Town"),the Conservation Commission,
and the lot Owners, individually and collectively, and their heirs, successors and assigns, in
perpetuity; and
WHEREAS, the purpose of this Declaration is to also assure that the Restrictive Covenant
Area will be maintained in perpetuity for conservation purposes, in a natural, scenic and
undeveloped condition, and to prevent any use or change that would materially impair or
interfere with its conservation and preservation values as further defined and described below,
the"conservation values").
NOW, THEREFORE,the undersigned hereby declares for themselves and their heirs,
successors, and assigns, that the said Restrictive Covenant Area is, and shall be, held and
conveyed subject to the following Restrictive Covenants.-
The conservation values include the following:
Open Space Preservation. The Restrictive Covenant Area, including the preservation
of trees, slopes, stone walls, and wetlands in their naturally vegetated state, contributes to
the protection of the scenic and natural character ofLexington and the, protection of the
Premises will enhance the open-space value of these and nearby lands,
• Furtherance of Government Policy, Protection of the Restrictive Covenant Area
furthers the Twn's 2015 Open Space and Recreation Plan;the protection of Town's water
and wetland resources (Objective a •, the reduction of sources ofair and water pollution
within Town(Objective b the protection of the Town's Tree Canopy (Objective e ; the
connectivity between open space and recreation and access enhancement(Objective 5a .
• Water Supply, 'wetlands and Water Quality Protection, Protection of the Shawsheen
River watershed, public and private water supply, groundwater recharge, storm d arnage
prevention, flood control and related wildlife habitat.
• Upland Buffers of Wetland, Protection of these upland areas will help support the
functioning of each wetland over the long-term.
114 PROHIBITED ACT USES
Subject to the exceptions set forth in Paragraph R below, the Lot Owners and s0sequent
individual Lot Owners will not perform,and will take reason4blc actions to pr ven.t others from
performing the foIlowing acts and uses which are prop€blted on,above,or below the said
Restdcted Covenant Area:
1 Constructing, plaei.ng, or permitting to remain any temporary or permanent building or
structure of any kind,whether a temporary or permanent structure or facility on,below or
above the Restrictod Covenant Area;
Mining, excavating,drod ing or removing from the restricted Covenant Area of soil,
loam,peat,gravel, SAW, rock or other mineral resource or natural deposit,or otherwise
make topographical changes to the area;
3) Placing, filling, storing or dumping on the Restricted Coyenant Area of soil refuse,
trash,vehicle bodies car parts, rubbish,debris,junk, waste,grass clippings and any other
refuse from the landscaping, maintenance,or cleanup of the surround g condominium
areas or other substance or material whatsoever;
4) cutting,removing or otherwise destroying trees, grasses or other vegetation;
5) Activities detrlr erg it to drainage,flood control, water conscrvation,water quality,
erosion oontrol,or soil conservation,
o snowmobiJcs, motorcycles,mopeds,all-terr in vehicles, or any othormotori ed
vehicles of any kind d shall he aged, parkod,stared, aintai-nod,operated or otherwise
allowed on the Restricted ted oven .ntArea except for vehicles necessary for public safety
i.e,, fire, police,at bulanoe,other governmon.tal officials) its carrying out their lawful
duties;
7 The disruption,removal,or destruction of the stone walls or granite Fence posts on the
Restricted Covenant Area, 'if any;
8) o portion of the Restricted Covenant Area may to,used for further building or
development of any nature;
9) Any other use of the Restricted Covenant Area or activity thereon which is inconsistent
with the purpose of this Declaration or wh1oh would materially impair its conservation
interests unless necessary for the protection of the conservation interests that are the
ubjeet of ibis Doclaration.
1 Snow Removal: Snow shall not be dumped or placed within said Restricted
Covenant Area,
Notwithstanding Section 11 above, the undersigned reserve the right to conduct or permit
the following activities and uses on the Restrictive Covenant Area, but only if such uses and
activities do not materially impair the oonservation values or purposes of this Deelaration or other
conservation values and interests;
(1) Permits. The exercise of any aright reserved by Jot Owners and for f4ture individual
'Lot fawners under this Section, III shall be 'in eotnpiian with zoning, the wetlands
roteetion Act, and all other applicable federal, state and local laws, rules, regulations,
and permits. The inoluslon of any reserved right reqLiiring a permit from a public agenq
does not imply that the,Town tales any position whoth r such permit should bo issued-
(2) Vegetation ManMement, in accordance with g nerally accepted forest management
pratles, selective do mlrns removal of hash, pruning and cutting to prevent, control
or remove hazards, disoase, insect or fire damage, or to preserve the present condition of
the Restrictive Covenant Area as doctimented in the Baseline c m a ntat i o n
Report, including vistas, stone galls,feneo lines and trails;
(3) Non-native,or nijisance species, The removal of non-native or invasive species, the
i,nterplarxting of native species, and the control of species in a manner that minimizes
damage to surrounding, non-target species and preserves water goatity;
wildlife flabitAt Improvement,, With the prior written permission of the Conservation
Commission, measlires designed to restore native biotic communities, or to maintain,
enhance or restore wildlife, wildlife habitat, or rare or endangered species itncluding
selective p Iaot1ng of native trees, shrubs and plant species;
(5) Arch eol ical Invest!gations. The conduct of archaeological activities, inal ding
wit o,ut limltatioll survey,excavation and artifact retrieval, following submission of an
archaeological field investigation plan and its approval in writing by the Conservation
Commission;
(6) The erection, maintenance and replacement of signs with respect to trespass,
tail access,the Conservation Commission's interest in the Restrictive Covenant Area,and
the protccted eonserva ion values;other reserved rights;
ijtdoor Passive RcgN4ti n l_Activities. Hiking,biking, nature study,picnicking,nature
photography, c,ross-eoujitry skiing and other non-motorized outdoor recreational activities
that do not materially alter the landscape,do not degrade en,vir nme.ntal quality, or do not
involve use for commercial re reational activities;
Selective ou ing of trees for fire protoction, unpaved trail and road maintenance, tick
control,or otherwise to preserve the present Bond 10on of the Restrictive Covenant Area;
(9) Removal of dead or d rued trees, branches, and storm and wind debris,as needed,and
a
10 Removal of poison ivy and poison oak that are removed by hand, Any chemical removal
or application by herbicide shall be reviewed and approved by the Conservation
commission.
Iv, BOUNDARY SEPARATION OF RUSTRICTIVE COVENANT AREA
The dot Owners shall install boundary inarl ers and signs as directed by the Order of Conditions,
as amended,where necessary on tho boundary areas settling pit the Restricted Covenant Arca as
separate from the remaining lard of the Lot Owners, Said boundary markers and signs shall be
permanondy maintained by tl)e individual lot owners, their heirs,stjw4ossors and assigns, in good
coedit'(0111
v. ADMMISMATION AND ENFORCEMENT
The cost of maintenanoo and upkeep of the.Restricted C&enant Area, if any,shall be a
obligation of'each individual ourrent or fQture Lot Owners,
The Town and the ConsoiTation Comillission shall have the right to enforce this Declaration by
appropriate legal prFoccodings and to obtain legal,injunctive and other equitable relief against
such violations, The Congerva.tion Commission shall also have,the right to enter and take any
action to cleanup or reasonably onf rce the provisions of this De iaration shclild any individual
Lot Owner or Lot Q wn ers fail to abide by any ofthese restrictions or limitations,in which event
all costs and expenses reasonably incurred by the Conservation Commission or their agents or
e,mplo s,in hiding without I irnitation reasonable attorneys fees,shall be reimbursable to the
Conservation Comnii ss1on by the Lot Owner or Lot Own ors fo►ind in vtoIation af'this
.Declaration. The Conservation Comm fission shal l be entidw to be reimbursed for any ousts,
including reasonable attorrney's Fees,:for any reasonable on or ern nt action-under this
Declaration.
Each and every Lot Owner shall have the right to e fcreQ the obligations unposed by this
Declaration upon every other Tot Owner by any legal or egidtable means and shall be entitled to
be reimbursed for costs and reasonable attorney's fees lnctir-red in the process of such
enforcement,
In addition to the obligations ontmierated herowider, the several Lot Owners suhjeot to this
Declaration may mutually establish additional rules and reg lations in furtherance of this
Oeolaration:
1. No a endmont,change to, or modification of this Declaration shall take effect until
said amendment is duly signed by all Lot Owners and appro od by the,Conservation
Commission,and recorded with.the Land Court; and
2, It is understood,covenanted and agreed that each and every Lot Owner and their
successors and assigns, shall, by accepting and recording a deed to all or a portion of the Property,
covenant and agree with each and every other Lot Owncr subject to this Declaration for their
mutual benefit, that thoy will diligently and faithfully observe and perform the aforesaid
covenants for their collective benefit and for floe benefit of the Conservation Comtnis8ion,as part
of a general plan of uommon land use and restric iorl ,
t. MISCELLANEOUS
This Deelaratioti and the rights,obligations and tiabif iti s created hereby shall encumber the
Property for a.period of ninety )years from the Effe otive Date,provided that the
on.servatlon Commission records with the Land Court a notioe of r strletion prior to tho
expiration of the initial.thirty )year team hereof,and then every twenty years thereafter,
in accordance with AGI, c, 184, §27.
The interpr tation and per o i nee ofthis D claration shall be governed by the laws of the
Commonwealth of,massao'husQtts.
If any provision of this Declaration or the application thereof to any person or ciroumsta are is
found to be invalid,the remainder of the,provision of this Declaration shall jiot be affected
thereby,
This instrument sets forth the entire,agroomont of tho parties with respect to this Declaration and
s ,pers des all prior discrussiolls,negotiations,understandings or agreements relating to the
subject matter hereof,all of hi h are inerged herein,
This Declaration may be MCLIted in rntiltiple counterparts,which together shall constitute one
instrument.
ent.
Text ends here. Signature page, to follow'
'Susan StaeckjK,as Trustee of the
Cedar Street Nominee Trust
COMMONWEALTH H MASSACHUSETTS
Middlesex, ss August 4, 2020
n this 4th day of August,2020, before me,the undersigned notary public, personally
appeared Susan St ee er, 'rrustee of the Cedar Street ern ine Trust,proved to me through
satisfactory evidence of identification,which was a MA drivers .I icense,to be the person whose
name is signed on the preceding or attached document, and acknowledged to rare that they signed
it voluntarily for its stated purpose.
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Kristian J, lverum, Trustee
2012 Revocable Trust of Kristian I Elverum
udlt dated ember 1, 2012
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istia J. lverum, Trustee
2012 Revocable Trust of Jennifer L. Elverum
udlt dated September 1, 2012
COMMONWEALTH OF MASSACHUSETTS
Middlesex,, SS August 26, 2020
On this 2th day of August, 2020, before me, the undersigned rotary public,personally
appeared Kristian J. Elverum, proved to me through satisfactory evidence of identification,which
was a valid driver's license, to be the person whose name 1s signed on the preceding or attached
document., and acknowledged to me that they signed it voluntarily for its stated purpose as
Trustee of the 2012 Revocable.ble Trust of Kristian I Elverum d t dated September 1,2012 and
Trustee of the 2012 Revocable Trust of Jennifer L. Elverum u dlt dated September 1, 2012.
Notary ub
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Jennifer . Elverum Trustee
2012 Rev cable Trust of Kristian J. Elverurn
u d t dated September 1, 2012
Jennifer erum, Trustee
2012 Rev able Trust of Jennifer L. lv� rum
u� dt date September 1, 2012
COMMONWEALTH OF MASSACHUSETTS
Middlesex, SS August 2 , 220
On this 26 th day of August, 2020, before me,the undersigned rotary public, personally
appeared Jennifer L. Elverur ,proved to me through satisfactory evidence of identification,
which was a valid driver's license, to be the person whose mine is si gned on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for its stated purpose
as Trustee of the 2012 Revocable Tryst of Kristian J. Elverurn u t dated September 1, 2012 are
Trustee of the 2012 Revocable Trust of Jennifer L. Elverum u/d t dated Se to be l
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COMMONWEALTH of MASSACHUS ` TS
Middlesex,ss August 4, 2020
On this 4th day of August,2020, before me, the mider igued notary public,personally
appeared David G. Moore, proved to nie through satisfactory evidence of identification,
which was a MA drivers l.i.een e, to he the person whose naine is signed on the preceding or
attached document, and ackiio wedged to nee that they signed it voluntarily f its stated
purpose,
Notary P 'c:
My Comn i s' R it s:
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.Lori erg J. Wore
COMMONWEALTH of MASSACHUSETTS
Middlesex, SS August 4,2020
On this 4th day of August, 2020, before tree,the undersigned notary public., personally
appeared Lorien J. Moore, proved to me through satisfactory evidence of identi ie tion, which
was a MA. drivers license,to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that they sighed it voluntarily for its stated purpose.
Notary P
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COMMONWEALTH OF MASSACHUSETTS
Norfolk,ss AugustAF , 2020
n this day of August 2020, before me, the undersigned rotary p'ublio, personally
appeared Robert 0. Roell, proved to me through satisfactory evidence of identification, which
was M drivers,license, to be the person whose name is signed on the preeedin att ki d
doeumen� and acknowledged to me that they signed it voluntarily for its state �rpo
Notary Oullio:oo'
My Commission pires;
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Andrea M. Roe.11
COMMONWEALTH OF MASSACHUSETTS
Norfolk, ss August_35-, 2020
n this day f August,2020, before me,the undersigned notary public, personally
appeared Andrea , oell, proved to me through satisfactory evidence of identiflcatlon, which
was a MA drivers license, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that they signed It voluntarily for its stated
oar�y is
My Commissio pines;
My
Notary PuVia
Jus i . Fleming
COMMONWEALTH OF MASSACHUSE'TTS
Middlesex, SS August 4, 2020
On this 4th day of August, 2020, before nee,the-undersigned notary public,personally
appeared Justin A. Flemiiig, proved to me through satisfactory evidence of identification,
which was a MA drivers license, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for .its stated
purpose.
Notalry=`ssion
My Coy plres:
J 3,0?
40 +° a t
4
'LrN of
Haegin Chang
COMMONWEALTH F MASSACHUSETTS
Middlesex, SS August 4, 2
On this 4th day of August 2020, before one, the undersigned notary public,personally
appeared H egin Chang, proved to me through satisfactory evidence of identification.,which
was a MA drivers license, to be th.e person whose name is signed on the preceding or attached
doe-ament, and acknowledged to me that they signed it voluntarily for its state se.
Notary bI i
My Commission s:
�rMrb
Cj
RECORD VOTE OF THE LEXINGTON SELECT BOARD
I, the undersigned, being Chair of the Town of Lexington Select Board, hereby certify
that at a meeting duly held on December 14, 2020, the Board voted to approve the foregoing
Amended and Restated Declaration of Restrictive Covenants, to be held by the Town of
Lexington Conservation Commission.
TOWN OF LEXINGTON
Select Board
Douglas M. Lucente, Chair
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS.
On this day of , 2020 before me, the undersigned notary public,
personally appeared ,
members of the Select Board of the Town of Lexington, proved to me through satisfactory
evidence of identification, which was personal knowledge, to be the persons whose names are
signed on the preceding or attached document, and acknowledged to me that they signed it
voluntarily for its stated purpose as members of the Select Board of the Town of Lexington.
Notary Public
My commission expires:
#1144783v1
EXHH31T A—LEGAL DESCRIPTION OF LAND
certain lots of land in the County of MIddlese .and Commonwealth of Massachusetts shown as
lots 6, 7, 8, 9, and 1.4 on plans hereinafter mentioned.
All of said boundaries have been determined by the Court to be located as shown on a
subdivision of land shown on a plan entitled "Winding Road (Assessor's Map 65 - Lots 4, 5 & 6)
Definitive Subdivision Plan Set"dated April 7, 2017, Revised 1 /2017, 14/2 1.7, 6/1 6/2-17,
3 /201'73 1 /13 2017 prepared by Meridian Associates, Beverly,Massachusetts,setts, filed with the
Land Registration Office as Plan No. 1449 H,a caps o.f.which is Bled with the Registry of
Deeds for the South Registry District of Middlesex County as flan 9 2263 in registry Boob
15 17,Page 139 with. ertif feat 44, hereinafter said plan shall be referred to-as"the
Definitive Plan," showing eleven 1.1 proposed lot ,Lots 3, 4, 5, 6, 7, 8, 9, 1 f/ /a Lot 1 ,
115 12 and Lot 1.3 for street layout of Winding Road and Penn :Lane,
The above described la.n.d is subject to an Order&c.. by the Town of Lexington for construction
for surer in Cedar Street and Assessment, Document No, 311 (S'ee release Document No,
4791.43 .
Subject also to any and all other easeinents and restrictions of record .in so far as the same are in
force and applicable.
For title see deed dated October 1.7, 201.7 and filed with the Middlesex outh Registry District of
the Land Court as Document Number 0 1773927, and noted on Certificate Number 2 663.4 4, Boob
1517,Page 1.39, deed elated October 31, 2017 and filed with the Middlesex South Registry
District of the Land Court as Docfu anent No. 01-774390 and noted on Certificate Number 2 3 ,
Book 1518, Page 33, deed dated January 25, 2019 and filed with the Middle-sex Middle-sex South Registry
DistNrict of the Land Court as DoGLIment Number o 19 0 6 6 8 3,with Certificate Number 2 97 67,
Book .1540, Page 97 and deed dated July 17,2019 and filed with the Middlesex South Registry,
Distriet of the Land Cour-t as Do cu m ent Number 0 18 182 0 25 with Certi.ficate Number 27101 8,.�
Book 1546, Page 171.
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EEAD(.'1S LEXINGTON CR 4,101 — 7 TUvern Lane, Lexington
GRANTOR: Estate of Michelina Abele
GRANTEE: Town of Lexington Conservation Commission
ADDRESS OF PREMISES: 7 Tavern Lane, Lexington
FOR GRANTOR'S"rITLE SEE'. Middlesex County South
Registry of Deeds at Book 16400, page 558; and
death certificates recorded in the Middlesex
County South Registry of Deeds at Book 50245,
Page 5 8 and Book 763 10 Page 93.
CONSERVATION RESTRICTION
Susana M. Thompson, Personal Representative and acting as such on behalf of the Estate of
Michelina Abele of Manchester,MA (the"Estate"),which Estate is the sole owner of the Premises
as defined here, for the Estate's successors and assigns ("Grantor"), acting pursuant to Sections
311 32, and 33 of Chapter 184 of the Massachusetts General Laws, grant with QUITCLAIM
COVENANTS to the Town of Lexington, acting by and through its Conservation Commission by
authority of Section 8C of Chapter 40 of the Massachusetts General Laws,with an address of 1625
Massachusetts Avenue, Lexington, MA 02,420, and its perrnitted successors and assigns
("Grantee"), for nominal consideration, IN PERPETUITY AND EXCLUSIVELY FOR
CONSERVATION PURPOSES, the following Conservation Restriction on land located in
Lexington containing a 7,672 sf(0.176 acre) portion (the "Premises"�) of the 1.12 acre property
located at 7 Tavern Lane, which Premises is more particularly described in Exhibit A and shown
in the reduced copy of a recorded survey plan ofland in Exhibit.13,both of which are incorporated
herein and attached hereto.
6
I. PURPOSES,
This Conservation Restriction is defined in and authorized by Sections 31, 32, and 33 of Chapter
184 of the Massachusetts General 1.,aws and otherwise by law. The purpose of this Conservation
Restriction is to ensure that the Premises will be maintained in perpetuity for conservation
scenic and undeveloped condition and to prevent any use or change th at
purposes, in a natural,
wou i ld impar or interfere with its conservation and preservation values ("conservation values").
This Conservation Restriction is required by an Order of Conditions issued by the Lexington
Conservation Commission datedJanuary 29, 1980(DEP 201-84 and Lexington Bylaw BL 3 1)and
recorded in. Middlesex County South Registry of Deed in Book 13907 at Page 276.
1
S Lexington
street.The conservaflon values include the following:
'i I,,I p,�`!,,Ce"It,"rotectiloti.The Premises contributes to the protection of the scenic and natural
character of Tavern Lane and the historic Munroe Tavern, located across the
lands.The
protection of the Premises will enhance the open-space value of these and nearby
0 l"Aw.)d 131al'n 'Proleelloti. The Premises represents the low area on the lot receiving
stormwater from both 5 and 7 Tavern Lane and serving a stormwater management function
I is area
prior to flowing through a culver that runs under Tavern Lane. The protection of th'
w ill ensure the continued availability of this stormwater storage during major storm
events.
Wetland Resources. The Premises consists of a small area of wetlands and wetland buffer
bylaw.that 'i's connected to a larger wetland area via a culvert under Tavern Lane. As a wooded
wetland/upland, this area contributes to the interests of the Wetlands Protection Act and
Lexington's wetlands
mmm �Protection of Wildlifemmmmm ..
land and is not designated as "Priority Habitat of Rare Species" by the Massachusetts
Natural Heritage Program, the Premises will continue to provide open land and habitat for
small wildlife.
Water�LggjAy
Protection ot the Premises will maintain water quality on the
Jlrote,
Lane.Premises and in downstream areas. The Premises drain through a culvert under Tavern
, c Lexington's 2015 Open Space and Recreation Plan including the protection of the Town's
Protection of the Premises advances the Town of
water resources (Objective
the reduction of sources of air and water pollution within
(Objective. . (Objective.
taverns.Town
s Tree Canopy
maintaining the scenic value of the area around one of the Town"s historic
.
uI I
1,11veitto .,. he .,
located within a Massachusetts
Department of Conservation and Recreation (DCR) Heritage Landscape Inventory Priority
Landscape as detennined by the DCR Heritage Landscape Inventory of 2012. Heritage
. . . . .
Heritage
Landscapes
history, r , and communities.ty
area,landscapes are the result of human interaction with the natural resources of an which
influence the use and development of land and contain both natural and cultural resources.
In this case, the Munroe Tavern,
Tavern Lane
is an American Revolutionary War site that played a prominent role in the
5
Concord.Battle of Lexington and Maintaining thestate Premises in a natural wooded
contribute to the historic character of the neighborhood
These and other conservation values of the Premises, as well as its current uses and state of
iimprovement,,are describedin a Baseline Documentation Report("Baseline Report" prepared
by Grantee with the cooperation he Grantor, consisting of maps, photographs, and other
2
EEA-D(,S LEXINGTON CR #10 1 — 7 Tai�ern Lane, Lexington
documents and on file with the Grantee and referenced 0
herein The Baseline Report (
. is
acknowledged by Grantor and Grantee to be a complete and accurate representation of the
00) 0
condition and values of the Premises as of the date of this Conservation Restriction, and ii is
intended to serve as an objective information baseline for subsequent monitoring of
compliance with the terms of this Conservation Restriction as described herein.
Notwithstanding the foregoing, the parties may utilize any evidence of the condition of the
Premises at the time of this grant other than the Baseline Report, should the Baseline Report
be unavailable or if it does not adequately address the issues presented.
11. PROHIBITED ACTS AND USES, EXCEPTIONS THERETO, AND PERMITTED
USES
A. Prohibited Acts and Uses
Subject to the exceptions set forth herein, the Grantor will not perform or allow others to
perform the following acts and uses which are prohibited on, above, and below the Premises:.
(1) Constructing, placi 0ng or allowing to remain any temporary or permanent building, tennis
court, landing strip mobil, e home, swimming pool, asphalt or concrete pavement, sign,
fence, billboard or other advertising display, antenna, utility pole, tower, solar panel, solar
array, conduit, line or other temporary or permanent structure or facility on,above or under
the Premises;
(2) Mining, excavating, dredging or removing -from the Premises of soil, loam, peat, gravel,
ical
sand rock or other mineral resource or natural deposit or otherwise making topograph
,
changes to the area-,
(3) Placing, filling, storing or dumping of soil, refuse, trash, vehicle bodies or parts, rubbish,
ite, waste or other substance
debris junk,,tree and other vegetation cuttings generated off si
or '
material whatsoever or the Installation of underground storage tanks,-
0
(4) Cutting, removing or otherwise destroying trees, grasses or other vegetation,,
(5) Activities detrimental to drainage,flood control,water conservation,water quality,erosion
control, soil conservation, wildlife habitat, or archaeological conservation,
(6) Use, parking or storage of vehicles including motorcycles, mopeds, all-terrain vehicles,
trail bikes, or any other motorized vehicles on the Premises except for vehicles necessary
0
for public safety (i.e., fire, police, arnbulance', other government officials) in carrying out
their official duties or as necessary for the mobility impaired-,
(7) Subdivision or conveyance of a part or portion of the Premises alone, or division or
subdivision of the Premises (as compared to conveyance of the Premises in its entirety
a
which shall be permitted), and no portion ofthe Premises may be used towards building or
development requirements on this or any other parcel-,
3
EEA-DC'S LEXINGTON CR #101 — 7 Tavern Lane, Lexington
(8) The use of the Premises for business, residential or 'Industrial use, or for more than de
minimis commercial recreation,
(9) Any other use of the Premises or activity which is inconsistent with the purpose of this
Conservation Restriction or which would 'Impair its conservation values.
B. Reserved Rights and Exceptions
The Grantor reserves the right to conduct or permit the following activities and uses on the
Premises, but only if 0
such uses and activities do not impair the conservation values or purposes of
thi's Conservation Restriction.
(1) I'lerip,itS Re The exercise of any right reserved by Grantor under thi's
Paragraph II(B) shall be in compliance with zoning,the Wetlands Protection Act, and all
other applicable federal, state and local laws, rules, regulations, and permits. The
inclusion of any reserved right requiring a permit from a public agency does not imply
that the Grantee or the Commonwealth takes any position whether such permit should be
i.ssued.
(2) Vg,!gtaltion Mana,,�-xnlellt_ In accordance with generally accepted forest management
practices, selective minimal removing of brush, pruning and cutting to prevent, control or
a n of the
remove hazards, disease, insect or fire damage, or to preserve the present conditio
Premises*,
(3) 'Non-tuati"ye ar nitisance,. s. The removal of non-native or invasive species, the
1-1— 1 1_�speci,e
VP 0 0 •0
interplanting of native species, and the control of species in a manner that minimizes
damage to surrounding, non-target species and preserves water quality;
(4) C g i�i i 12q i ing and composting of stumps, trees, brush, limbs, and similar
_". The stockp'l*
biodegradable materials originating on the Premi"ses, provided that such stockpiling and
composting is in locations where the presence of such activities will not i •
mpair the
conservation values (including scenic values) of this Conservation Restriction. No such
activities will take place closer than one hundred (100) feet from any wetland, waterbody
4 "
ensitive
or perennial stream. All exercise of this reserved right shall take into account s
0
areas and avoid harm to nesting species during nesting season-,
(5) Bes-A Matv,,,. it Fract"ces., The exercise of any right reserved by Grantor under this
Paragraph II(B) shall follow, when available and if applicable, established, up to date,
and regionally-applicable Best Management Practices or similar standards developed by a
governmental agency or other entity with known expertise in the area of practice and
designed to protect the natural features potenti'ally affected by the action(s).
4
EEA-DC S- LEXINGTON(,"R #101 — 7 Tavern Lane, Lexington
C. Notice and Approval.
Whenever notice to or approval by Grantee is required, Grantor shall notify Grantee, by 0 a method
requiring proot ot receipt, in writing not less than 60 days prior to the date Grantor intends to
undertake the activity in question. The notice shall describe the nature, scope, design, location,
I I I ficient detail to permit the
timetable and any other material aspect of the proposed activity n suf
Grantee to make an informed judgment as to its consistency with the purposes of this Conservation
Restriction. Where Grantee's approval is required, Grantee shall grant or withhold approval in
writing within 60 days of receipt of Grantor's request. Grantee's approval shall not be
unreasonably withheld but shall only be granted upo n a showing that the proposed activity shall
i not * ion impair the purposes of this Conservation Restrct .
Subject to any applicable law or regulation, failure of Grantee to respond in writing within 60 days
shall be deemed to constitute approval by Grantee of the request as submitted, so long as the
request sets forth the provisions of this section relating to deemed approval after 60 days in the
notice, the requested activity is not prohibited herein, and the activity will not impair the
conservation values or purposes of this Conservation Restriction.
111. LEGAL REMEDIES OF THE GRANTEE
A. Legal and Injunctive Relief
The rights hereby granted shall include the right to enforce this Conservation Restriction by
appropriate legal proceedings and to obtain injunctive and other* equitable relief against any
0 1 1 ing restoration of the Premises to their
violations, including, without limitation, relief requ*r*
condition prior to the time of the injury complained of(it being agreed that the Grantee wil-I have
no adequate remedy at law). The rights hereby granted shall be in addition to,and notin limitation
antee
of any other rights and remedies available to the Gr
, for the enforcement of this Conservation
Restriction. Grantee agrees to cooperate for a reasonable period of time prior to resorting to legal
0 a v*ded Grantor ceases objectionable actions and
means In resolving issues concerning violations pro i
0
Grantee determines there is no ongoing diminution of the conservation values of the Conservation
Restriction.
Grantor covenants and agrees to reimburse to Grantee all reasonable costs and expenses(including
reasonable counsel fees) incurred in enforcing this Conservation Restriction or in taking
reasonable measures to remedy, abate or correct any violation thereof.,provided that a violation of
this Conservation Restriction is acknowledged by Grantor or determined by a court of competent
jurisdiction to have occurred. In the event of a dispute over the boundaries of the Conservation
Restriction, Grantor shall pay for a survey and to have the boundaries permanently marked.
B. Non-Waiver
Enforcement of the terms of this Conservation Restriction shall be at the discretion of Grant ee.
Any election by the Grantee as to the manner and timing of its right to enforce this Conservation
Restriction or otherwise exercise its rights hereunder shall not be deemed or construed to be a
waiver of such rights.
5
EEA-DCS LEXINGTON CR 1-1101 — 7 Tcivern Lane, Lexington
C. Disclaimer of Liability
By acceptance of this Conservation Restriction, the Grantee does not undertake any liability or
obligation relating to the condi 0tion of the Premises pertaining to compliance with and 'Including,
hazardous
0 ations
but not limited to,, m a terials, ,
zoning, environmental laws and regul or acts not
caused by the Grantee or its agents.
D. Acts Beyond the Grantor's Control
'Nothing contained 'in this Conservation Restriction shall be construed to entitle the Grantee to
bring any actions against the Grantor for any injury to or change in the Premises resulting from
'
caue beyond the Grantor
s s s control 9 including but not limited to fire, flood, storm and earth
movement, or from any prudent action taken by the Grantor under emergency conditions to
prevent,, s
abate, or mitigate significant injury to the Premies resulting from such causes. In the
event of any such occurrence, the Grantor and Grantee will cooperate in the restoration of the
Premises, if desirable and feasible.
IV. ACCESS
The Conservation Restriction hereby conveyed does not grant either the Grantee or the general
public any right to enter upon the Premises', except as follows.-
The Grantor hereby grants to the Grantee, and 'Its duly authorized agents or representatives, the
I for the purpose of
right to enter the Premises upon reasonable notice and at reasonable t i mes
,
i ion.
inspecting the Premises to determine compliance with or to enforce this Conservation Restr*ct'
The Grantor also grants to the Grantee, after notice of a violation and failure of the Grantor to cure
said violation, the right to enter the Premises for the purpose of taking any and all actions with
respect to the Premi'ses as may be necessary or appropriate to remedy or abate any violation hereof,
including but not limited to the right to perform a survey of boundary lines.
V. EXTINGUISHMENT
N W
A If circumstances arise in the future such as render the purpose of this Conserva
. tion
Restriction impossible to accomplish, this restriction can only be termindted or extinguished,
whether in whole or in part,by a court of competent j urisdict ion under applicable law after review
and approval by the Massachusetts Secretary of Energy and Environmental A♦ ffairs. If any change
in conditions ever gives rise to extinguishment or other release of the Conservation Restriction
under applicable law, then Grantee, on a subsequent sale, exchange, or involuntary conversion of
the Premises, shall be entitled to a portion of the proceeds in accordance with Paragraph V(B),
subject, howev d er, to any applicable law which expressly provides for a different disposition of
the procees and after complying with the terms of any gift,grant,or funding requirements. Grantee
shall use its share of the proceeds in a manner consistent with the conservation purpose set forth
herein.
6
B. 1),roceeds. Grantor and Grantee agree that the donation of this Conservation Restriction
without
givesrise to` real property right,immediately v ested m the Grantee, limitation,
the extinguishment or other release of this Conservation Restriction under applicable to any
the right to enforce the ten-ns of this Conservation Restriction, but does not entitle Grantee, upon
proceeds received by the Grantor
Premises.of the
"c Acdot Whenever all or any part of the
Premises or any interest therein is taken by public authority under power of eminent domain or
other act of public
then the Grantor and the Grantee shall cooperate in recovering the
" authority, « .
incurredfull value of all direct and consequential damages resulting from such action.All related expenses
r
Paragraphnd the
remaining proceeds shall be distributed between the Grantor and Grantee 'in accordance with
requirements.
grant.If a less than fee interest is taken,the proceeds shall be equitably allocated a*ccording to the nature
of the interest taken. The Grantee shall use its share of the proceeds like a continuing trust in a
manner consistent wi p
RestrictionVI. DURATION & ASSIGNABILITY
A. f I t'he Burden. The burdens of this Conservation .
Premises 'in perpetuity and shall be enforceable against the Grantor and the successors and assigns
. «
Premises.of the Grantor holding any interest in the
«
of
« authorized The Grantee. . . Restriction,;
instruments
ate to assuring the perpetual enforceability of this Conservation
Without attorney-
in-fact execute, acknowledgeand deliver any limiting
request.the foregoing, the Grantor and its successors and assigns agree themselves to execute any such
instruments upon
" shall run to the
Grantee, shall be in gross and shall not be assignable by the Grantee, except in the following
instance
. :
As a condition of any assignment, the Grantee shall require that the purpose of this Conservation
Restriction continues to be carried out;that the assignee 'i's not an owner of the fee in the Property,
and the assignee,, at the time of the assignment, qualifies under Section 170(h) of the Internal
Revenue
t . thereunder,
EE'A-D(.`S LEXINGTON CR 4101 --- 7 Tavern Lane, Lexington
VII. SUBSEQUENT TRANSFERS
The Grantor agrees to incorporate by reference the terms of this Conservation Restriction in any
deed or other legal instrument which grants any interest in all or a portion of the Premises,
0
including a leasehold 'interest and to notify the Grantee not less than twenty (20) days prior to the
r r 0
impair the validity or
execution of such transfe . Failue to do any of the above shall not *
enforility of this Conservation Restriction. Any transfer will comply with Article 97 of
ceab the
Amendments to the Constitution of the Commonwealth of Massachusetts, if applicable.
• *
The Grantor shall not be liable for violations occurring after their ownership Liability for any a
. cts
0
er if in violation of this
or omissions occurring prior to any transfer and liability for any transf
Conservation Restriction shall survive the transfer. Any new owner shall cooperate in the
restoration of the Premises or removal of violations caused by prior owner(s) and may be held
sponsi'ble for any continuing violations.
re
VIII. ESTOPPEL CERTIFICATES
Upon request by the Grantor, the Grantee shall, within thirty (30) days execute and deliver to the
Grantor any document, 'Including an estoppel certificate, which certifies the Grantor's compliance
or non-compliance with any obligation of the Grantor contained in this Conservation Restriction.
IX. NON MERGER
The parties intend that any future acquisition of the Premi'ses shall not result in a merger of the
Conservation Restriction into the fee The Grantor agrees that '
. it will not grant, and the Grantee
agrees that it will not take title, to any part of the Premises without having first assigned this
Conservation Restriction to a non-fee owner that is qualified under Section 170(h) of the Internal
Revenue Code of 1986, as amended, and applicable regulations thereunder and is el• igible to
receive this Conservation Restriction under Section 32 of Chapter 184 of the Massachusetts
General Laws in order to ensure that merger does not occur and that this Conservation Restriction
continues to be enforceable by a non-fee owner.
X. AMENDMENT
If circumstances arise under which an amendment to or modification of this Conservation
Restriction would be appropriate, Grantor and Grantee may jointly amend this C •
onservation
Restriction; provided that no amendment shall be allowed that will affect the qualification of this
Conservation Restriction or the status of Grantee under any applicable laws, •including Section
170(h), of the Internal Revenue Code of 1986, as amended, or Sections 31, 32, and 33 of Chapter
184 of the Massachusetts General Laws.• Any amendments to this conservation restriction shall
occur only in exceptional circumstances. The Grantee will consider amendments only to correct
an error or oversight, to clarify an ambiguity, or where there is a net gain in conservation value.
All expenses of all parties in considering and/or implementing an amendment shall be borne by
the persons or entity seeking the amendment.Any amendment shall be consistent with the purposes
of .. Conservation Restriction, shall not affect its perpetual duration, shall be approved by the
Secretary of Energy and Environmental Affairs and 'if applicable, shall comply with the provisions
8
.EEA-DCS LEXING TON(,"R A]01 — 7 Tavern Lane, Lexington
of Article 97 of the Amendments to the Constitution of the Commonwealth of Massachusetts, and
'fts, grants or f aunding '
requirements Any amendment shall be recorded
. In the Middlesex
any gi
South Registry of Deeds.
X1. EFFECTIVE DATE
This Conservation Restriction shall be effective when the Grantor and the Grantee have executed
0
0 1 the administrative approvals required by Section 32 of Chapter 184 of the Massachusetts
ti
General Laws have been obtained, and it has been recorded in a timely manner in the Middlesex
South Registry of Deeds.
XIL NOTICES
Any notice, demand, request, consent, approval or communication that either party desires or is
required to give to the other shall be in writing and either served personally or sent by first class
m 'I al *d, addressed as follows:
, postage pre-pal
%
To Grantor: Owner of Record
7 Tavem Lane
Lexington, MA 02420
To Grantee: Town of Lexington
Conservation Commission
1625 Massachusetts Avenue
Lexington., MA 02420
or to such other address as any of the above parties shall designate from time to time by written
is reasonably ascertainable
notice to the other or, 'if notice is returned to sender,to an address that
by the parties.
X.111. GENERAL PROVISIONS
A. C o ntro,I I JALY i ion
_La"w' . The interpretation and performance of this Conservation Restr*cto
shall be governed by the laws of the Commonwealth of Massachusetts.
B. libcral C011SU,"'LIC"lloti. Any general rule of construct-Ion to the contrary notwithstanding,
this Conservation Restriction shall be liberally construed in favor of the grant to effect the purpose
of this Conservation Restriction and the policy and purposes of Sections 31, 32, and 33 of Chapter
184 of the Massachusetts General Laws. If any provision in this instrument is found to be
ambiguous, any interpretation consistent with the purpose of this Conservation Restriction that
would render the provision valid shall be favored over any interpretation that would render it
invalid.
C. If any provision of this Conservation Restriction or the application thereof to
Y'
any person or circumstance 'I's found to be invalid, the remainder of the provision of this
Conservation Restriction shall not be affected thereby.
9
LEXINGTON
Lexington
t 1.. Lane,
D. m wu
'A --etnei:A.. This instrument sets forth the entire agreement of the parties with
w • « « « • • • «
supersedesrespect to this Conservation Restriction and
s
Lind erstandings ', negotiations,
r agreements relating to the Conservation Restriction, all of which are merged
herein.
XIVMISCELLANEOUS
r
"T ' ' _� 1 11 1 ion pursuant t ion. ° m�
Massachusetts
32 of l"t-itolic 1`6 Approval of this Conservat'on Restrict* o Sect*
in and to the w w
or non-existence of any pre-existing rights of the public, if Secretary of Energy and Environmental Affairs 'is not to be construed as representing the existence
such pre-existing rights of the public, if any, are not affected by the granting of
« « s Conservation
«
Restriction.
B. Hotnestet d'. The Grantor hereby releases,, agrees to waive, subordinate and release any and
all Massachuset s General «..
Conservation• Restriction« « Premises, adjacent
Premises, and hereby agrees to execute,deliver and/or record any and all instruments necessary to
« «
release.effectuate such waiver, subordination and
the Grantor
In all other respects, reserves
and
« « ,« « w « « ... «
Chapterion,
to Section
retains any and all Homestead rights,
ect to this Conservat
on Restr
ct
I O(e) of
Laws.
C. No loan,The Grantor attests that there is no mortgage, promissory note,
lien, equity• credit •
financing
following:
agreement which gives rise to a surety interest affecting the Premises
D. Attached hereto and incorporated herein by reference are the
Granter
SelectGrantee Acceptance
Approval by
/ Energy .
Exhibits
Exhibit« « .Exhibit B: Reduced Copy of Plan of« « •
Description of Premises
• .
Premises
WITNESS nay hand and seal this day of December 2020,
�1� � .m �
tl
wr
:Estate of Michelina Abele
y Susana M. Thompson, Personal Representative
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
Can this day of December 2020, before me, the undersigned notary public, personally
appeared Sisa a M. JJ s��, and proved to me through satisfactory evidence of identification
Mich was MA driver's license to be the person whose name is signed on the proceeding or
attached document, and acknowledged to me that she signed it voluntarily for its stated purpose
on behalf of the Estate of Michelina Abele.
jN0 11, J.,
u .
UvuU
Notary Public
My Commission Expires:
P M LA J. BROWN
Notary Public
COMMONWEALTH OF M SS C 11S
My Commission Expires On
C}ctdbs�r 1 B, "�►
ACCEPTANCE OF GRANT BY TOWN OF LEXINGTON
CONSERVATION COMMISSION
I, the undersigned chair of the Lexington Conservation Commission, being authorized by
unanimous vote of the Conservation Commission of the Town of Lexington to sign this document
on behalf of the Commission on November 30, 2020 hereby certify that at a public meeting duly
held on November 30, 2020 the Conservation Commission voted to approve and accept the
foregoing Conservation Restriction from the Estate of Michelina Abele pursuant to Section 32 of
Chapter 184 and Section 8C of Chapter 40 of the Massachusetts General Laws and do hereby
accept the foregoing Conservation Restriction.
LEXINGTON CONSERVATION COMMISSION:
Philip Hamilton, Chair
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Middlesex County, ss:
On this day of December 2020, before me, the undersigned notary public, personally
appeared Philip Hamilton,Chair of the Lexington Conservation Commission proved to me through
satisfactory evidence of identification which was to be the
persons whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires:
12
EE A DCS LEXINGTON CR #101 — 7 Tavern Lane, Lexington
APPROVAL OF THE LEXINGTON SELECT BOARD
1, Douglas M. Lucente, being the Chair of the Select Board of the Town of Lexington hereby
certify that at a public meeting duly held on December 14, 2020 the Select Board voted to
approve the foregoing Conservation Restriction from the Estate of Michelina Abele to the Town
of Lexington, acting by and through its Conservation Commission, in the public interest pursuant
to Section 32 of Chapter 184 of the Massachusetts General Laws.
Douglas M. Lucente, Chair
COMMONWEALTH OF MASSACHUSETTS
Middlesex County, ss:
On this day of , 2020, before me, the undersigned notary public, personally appeared, .
Douglas M
Lucente, Chair of the Select Board proved to me through satisf'actory evidence of identification
which was to be the persons whose names are signed on the preceding or attached document, and
acknowledged to me that s/he signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires
13
EEA-DCS LEXING TON CR 4.10 1 — 7 Tavern Lane, L exi ngton
APPROVAL BY SECRETARY OF ENERGY AND ENVIRONMENTAL AFFAIRS
COMMONWEALTH OF MASSACHUSETTS
The undersigned, Secretary of Energy and Environmental Affairs of the Commonwealth of
ate
Massachusetts hereby certifies that the foregoing Conservation Restriction from the Est
, of
Michelina Abele to the Town of Lexington, acting by and through "Its Conservation Commission,
has been approved in the public interest pursuant to Section 32 of Chapter 184 of the Massachusetts
General Laws.
Dated,:
Kathleen A. Theoharides
Secretary of Energy and Environmental Affairs
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.",
On this day of 2020, before me, the undersigned notary
•
•
public, personally appeared Kathleen A. Theo IiIL,11'idles, and roved to me through satisfactory
p
evidence of identification which was ......... ..............111,1--l-to be the person whose
name is signed on the proceeding or attached document, and acknowledged to me that she signed
it voluntarily for its stated purpose.
Notary 1"ublic
My Commission Expires."
14
EEA-DC
Lexington
, - Tavern.Lane,
EXHIBIT A
The Premises subject to this Conservation Restriction is shown as "Conservation Restriction
Area" on a plan of land entitled "Conservation As-Built#7 Tavern Lane Lexington, MA" dated
November 2, 2020 prepared by Rober Survey, 1072A Massachusetts Arlington, MA, and
.,
recorded in the Middlesex County South Registry of Deeds "in Plan Book Page
Street
. m
Lexington
-.._ 7 Tavern Lane,
.. I� � ,`EXHIBIT B - isesof Recorded Plan of Prem'
Forf'011 sj;4��, I
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Accept FY2021 Street Acceptance Schedule & Vote Intent to Layout Penny Lane, Winding
Road and Luongo Farms Road as Public Ways
PRESENTER: ITEM
NUMBER:
David Pinsonneault, Director of Public
Works I.4
SUMMARY:
There are 3 roads that are before the Board to discuss and set forth the intent to layout these roads.
Engineering has requested that the Select Board vote your intent to layout Penny Lane, Winding Road and
Luo ngo Farms Road as Public Ways.
Also attached is the Street Acceptance Plan.
SUGGESTED MOTION:
Motion to the intent to layout Penny Lane, Winding Road and Luong Farms Road as Public as public ways
and recommend acceptance be scheduled for the 2021 Annual Town Meeting.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:30pm
ATTACHMENTS:
Description Type
D ]IF,I S e.tt Acceptan.(;e]I"ixnetabl Gwer Man()
D Notice of Intention Penny I ane Backup mll.aterial.
D Notice of Intention Winding Road E-kickup Material
D Notice of lnlenlion.� I j,j.on.go Fama lkackup MI[atefial.
TIME SEQUENCE FOR FY21 STREET ACCEPTANCE
I. December 14, 2020
Vote of intent to layout by the Select Board;
Board of Select Board to sign "Notice of Intention to Layout" and notify Planning Board
and Constable;
2. January 11, 2021
By this date, written notice delivered to abutters by Constable informing them that the
Board of Select Board intend to vote to layout as public way;
3. January 25, 2021
Public Hearing by Select Board in regard to their intent to layout public ways;
4. February 8, 2021
Vote to layout public ways by Select Board;
5. February 22, 2021
On or before this date layout plans filed with the Town Clerk by the Town Engineer;
6. March 8, 2021
After this date and before the close of Town Meeting, acceptance of the layout by
the Town at a Town Meeting. Within thirty(30) days of the date of acceptance of
layout by the Town Meeting, adoption of an Order of Taking by eminent domain
by the Select Board and an award of damages, if any;
7. Within thirty(30) days of adoption of the Order of Taking, recording in Registry
of Deeds of said Order and any betterment by the Town Engineer.
Approved by the Select Board at its meeting on DATE.
Lexington, Massachusetts
December 9, 2020
Notice of Intention to Lay Out
Penny Lane
The Select Board hereby gives written notice that it intends to lay out as a town way:
Penny Lane from Winding Road to end a distance of 165 feet, more or less northerly.
The Select Board will meet via Zoom, on Monday, December 14th, 2020 at 7:00 P.M. for
the purpose of making and establishing said extension and layout.
Select Board
of
Lexington
A true copy, Attest:
Lexington, Massachusetts
December 14, 2020
Lexington, Massachusetts
December 9, 2020
Notice of Intention to Lay Out
Winding Road
The Select Board hereby gives written notice that it intends to lay out as a town way:
Winding Road from Cedar Street to end a distance of 425 feet, more or less northerly.
The Select Board will meet via Zoom, on Monday, December 14th, 2020 at 7:00 P.M. for
the purpose of making and establishing said extension and layout.
Select Board
of
Lexington
A true copy, Attest:
Lexington, Massachusetts
December 14, 2020
Lexington, Massachusetts
December 9, 2020
Notice of Intention to Lay Out
Luongo Farm Lane
The Select Board hereby gives written notice that it intends to lay out as a town way:
Luongo Farm Lane from Pleasant Street to end a distance of 340 feet, more or less
westerly..
The Select Board will meet via Zoom, on Monday, December 14th, 2020 at 7:00 P.M. for
the purpose of making and establishing said extension and layout.
Select Board
of
Lexington
A true copy, Attest:
Lexington, Massachusetts
December 14, 2020
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update and Next Steps on Proposed Changes for Verizon License Renewal
PRESENTER: ITEM
NUMBER:
Ken P o gran, C hair o f
Communications Advisory Committee I.5
SUMMARY:
The current Verizon Cable Television License expires on October 30, 2021. The Communications Advisory
Committee will present to the Board an overview and next steps regarding renewal of the Verizon Cable
Television License.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:40pm
ATTACHMENTS:
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AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Approve and Sign Purchase and Sale Agreement - 344 Lowell Street
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.6
SUMMARY:
As the Board will recall, this item was on the 2020 Annual Town Meeting warrant to exchange real estate with
the Lexington Peace Center for property at 344 Lowell. Town Meeting approved of the transaction and Town
Counsel has worked with the abutting property owner to finalize the Purchase& Sales Agreement.
SUGGESTED MOTION:
Move to approve and authorize the Town Manager to sign the P urc has e and Sale Agreement for 344 Lowell-
Street, which will transfer the property to Lexington Peace Center, L L C
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:50pm
ATTACHMENTS:
Description Type
LAND DISPOSITION AGREEMENT
This LAND DISPOSITION AGREEMENT (this "Agreement") is made as of this day of
. 2020 (the "Effective Date"), by and between LEXINGTON PEACE CENTER,
LLC, a Massachusetts limited liability company, having an address of 136 Laconia Street,
Lexington, MA 02420 ("LPC"), and the TOWN OF LEXINGTON,by and through its Select
Board, having an address of 1625 Massachusetts Avenue, Lexington, Massachusetts (the
"Town").
WHEREAS, LPC is the owner of that certain property located at 344 Lowell Street in Lexington,
Massachusetts, further identified as Assessor's Parcel No. 46-101 A and described in that certain
deed dated July 3, 2019 recorded with the Middlesex South District Registry of Deeds (the
"Registry")istry") in Book 72969, Page 454 (the "LPL's Property");
WHEREAS, the Town is the owner of that certain property abutting LPL's Property located off
Lowell Street in Lexington, Massachusetts identified as Assessor's Parcel No. 46-99, and
described in that certain order of taking dated October 1, 2001 recorded with the Registry in
Book 33787, Page 119 (the "Town's Property");
WHEREAS, because the existing building at the LPL's Property encroaches upon the Town's
Property, LPC desires to acquire from the Town a portion of the Town's Property consisting of
approximately 4,622 square feet, approximately identified as "Parcel B" on the sketch plan
attached hereto and incorporated herein as Exhibit A(the "Plan");
WHEREAS, in exchange for the conveyance of Parcel B, the Town desires to acquire from LPC
a portion of LPL's Property consisting of approximately 3,702 square feet, approximately
identified as "Parcel A" on the Plan (together with Parcel B, the "Exchange Parcels"); and
WHEREAS, the transaction contemplated by this Agreement has been approved by vote of the
Town of Lexington Spring 2020 Town Meeting, as Article 30.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, LPC and the Town hereby agree as follows.
1. Premises.
Pursuant to the terms and provisions of this Agreement: (1) LPC hereby agrees to buy, and the
Town hereby agrees to sell, Parcel B; and (ii) the Town hereby agrees to buy, and LPC hereby
agrees to sell, Parcel A.
2. Deed.
The Exchange Parcels are each to be conveyed by a good and sufficient quitclaim deed running
to the Town and LPC or nominee respectively, and said deed shall convey good and clear record
and marketable title thereto, free from encumbrances, except:
i. Such taxes for the then current year as are not due and payable on the date of the
delivery of such deed;
ii. Provisions of existing building and zoning laws;
iii. Any liens for municipal betterments assessed after the date of this Agreement; and
iv. Easements, restrictions and reservations of record, so long as they do not interfere
with such party's anticipated or proposed use of Parcel B or Parcel A, respectively.
3. Plans.
a. If either of said deeds refers to a plan necessary to be recorded therewith, LPC or
the Town, as the case may be, shall deliver such plan with the deed in form adequate for
recording or registration.
b. The boundaries of the Exchange Parcels are not shown on a recorded plan. In
order to establish the Exchange Parcels as record lots for conveyance, LPC and the Town shall
cooperate to obtain an ANR Plan consistent with Exhibit A establishing the boundaries of the
Exchange Parcels (the "ANR Plan"), and shall have the same endorsed by the Town of
Lexington Planning Board and recorded with the Registry on or prior to the Closing Date. If the
parties are unable to obtain an endorsement to and record the ANR Plan on or prior to the
Closing Date, the Closing Date shall be automatically extended for up to thirty(30) days to allow
time to obtain such endorsement and record the ANR Plan. If at the end of such thirty(30) day
period, the parties are still unable to obtain such endorsement or record such ANR Plan despite
diligent efforts, either party shall be entitled to terminate this Agreement by written notice to the
other, whereupon all deposits under this Agreement shall be promptly returned and this
Agreement shall be of no further force and effect; provided, however, that if either party obtains
such endorsement and records such ANR Plan prior to receipt of such notice from the other, then
such notice shall be deemed to have no force or effect and the closing shall proceed as if no such
notice had been delivered. LPC shall be solely responsible for the cost and expense of obtaining
and recording the ANR Plan; provided, however, that such cost shall be shared equally between
LPC and the Town if and to the extent it exceeds $3,000.
4. Rei4istered Title.
In addition to the foregoing, if the title to the Exchange Parcels, or a portion thereof, is
registered, said deed or deeds shall be in form sufficient to entitle the grantee to a Certificate
of Title, and the grantor shall deliver with said deed all instruments, if any, necessary to
enable the grantee to obtain such Certificate of Title.
5. Purchase Price.
a. The agreed purchase price for Parcel B is Twenty Nine Thousand Dollars
($29,000.00), of which: (i) $100.00 has been paid by LPC this day(the "LPC Deposit"), to be
held pursuant to the Escrow Agreement executed by LPC and the Town on the date hereof and
attached hereto as Exhibit B (the "Escrow Agreement"); and(ii) $28,900.00 is to be paid by LPC
at the time of delivery, acceptance and recording of the deed to Parcel B by certified, cashier's,
treasurer's or bank check(s) or wire.
b. The agreed purchase price for Parcel A is Thirty Two Thousand Dollars
($32,000.00), of which: (i) $100.00 has been paid by the Town this day(the "Town Deposit",
and together with the LPC Deposit, the "Deposits"), to be held pursuant to the Escrow
Agreement; and (ii) $31,900.00 is to be paid by the Town at the time of delivery, acceptance and
recording of the deed to Parcel A by certified, cashier's, treasurer's or bank check(s) or wire.
6. Time for Performance; Delivery of Deeds.
Such deeds are to be delivered at 10:00 A.M. on a mutually acceptable date that is on or before
December 29, 2020 (the "Closing Date"), at the office of the Lexington Town Manager at 1625
Massachusetts Avenue, Lexington, Massachusetts 02420. It is agreed that time is of the essence
of this Agreement.
7. Possession and Condition of Exchange Parcels.
�o�
Full possession of the Exchange Parcels, free of all tenants and occupants, is to be delivered on
the Closing Date, the Exchange Parcels to be then(a) in the same condition as they are now,
reasonable use and wear and tear excepted, (b) not in violation of applicable building and zoning
laws, and(c) in compliance with provisions of any instrument referred to in Paragraph 2 hereof.
8. Extension to Perfect Title or Make Exchange Parcels Conform.
If as of the Closing Date either LPC or the Town shall be unable to give title or to make
conveyance, or to deliver possession of Parcel B or Parcel A, as the case may be, all as herein
stipulated, or if at the time of the delivery of the deed one or both of the Exchange Parcels does
not conform with the provisions hereof, as the case may be, (a) such grantor shall give written
notice thereof to the other at least three (3) days before the Closing Date, (b) such grantor shall
use diligent, good faith efforts to remove any defects in title or to deliver possession as provided
herein or to make such Exchange Parcel conform to the provisions hereof, and(c)upon the
delivery of the notice mentioned above, the Closing Date shall be extended for a period of up to
thirty(30) days; provided, however, that such extension period shall be for as short a period as is
required by such grantor to effect such necessary cure to the title or condition of such Exchange
Parcel. Diligent good faith efforts hereunder shall not require either party to expend more than
$500.00, exclusive of sums paid to discharge mortgages, voluntary monetary liens and/or
municipal charges.
9. Failure to Perfect Title or Make Exchange Parcels Conform.
If, at the expiration of the extended time provided in Paragraph 8 above, despite diligent and
good faith efforts, such grantor shall have failed so to remove any defects in title, deliver
possession, or make such Exchange Parcel conform, as the case may be, all as herein agreed,
then any Deposits shall be forthwith refunded and all other obligations of the parties hereto shall
cease and this Agreement shall be void without recourse to the parties hereto.
10. Grantee's Election to Accept Title.
Either LPC or the Town, as the case may be, shall have the election, at either the original Closing
Date or any extended Closing Date, to accept such title as the other can deliver to the respective
Exchange Parcel in its then condition and to pay therefor the purchase price without deduction,
in which case such grantor shall convey such title.
11. Acceptance of Deed.
The acceptance and recording of the deeds to the Exchange Parcels shall be deemed to be the full
performance and discharge of every agreement and obligation herein contained or expressed,
except such as are, by the terms hereof, to be performed after the delivery of said deeds.
12. Use of Purchase Money to Clear Title.
To enable each party, in its position as grantor hereunder, to make conveyance as herein
provided, such grantor may, at the time of delivery of the deed, use the purchase money or any
portion thereof to clear the title of any or all encumbrances or interests, provided that all
instruments so procured are recorded simultaneously with the delivery of said deed or, with
respect to institutional mortgages only, as soon as possible thereafter in accordance with
applicable laws and conveyancing practices.
13. Deposits.
The Deposits made hereunder shall be held in escrow by the law firm of Anderson&Kreiger
LLP (the "Escrow A°gent") in accordance with the terms and conditions of this Paragraph 13 and
the Escrow Agreement.
14. Grantee's Default; Damages.
If either LPC or the Town, in its position as grantee hereunder, shall fail to fulfill its agreements
herein, all Deposits made hereunder shall be paid to the other party as liquidated damages and
this shall be such grantor's sole and exclusive remedy at law or in equity for any breach of this
Agreement by such grantee.
15. Due Diligence Period.
a. Each of LPC and the Town, in its position as grantee hereunder, shall have a due
diligence period of fourteen (14) days commencing on the Effective Date (the "Due Diligence
Period") during which such grantee shall have full opportunity to inspect, take measurements,
conduct surveys,perform tests, show the Exchange Parcels to contractors, architects, surveyors,
engineers and insurers, and make legal, engineering and other reviews or investigations thereof,
including, without limitation, title analysis, environmental site assessments, soil and groundwater
tests, well drilling, percolation tests,property surveys, and evaluations of utilities.
b. Prior to expiration of the due diligence period, LPC and the Town shall deliver
written notice (the "Title Objection Notice") to the other specifying any objections that such
grantee may have to any title matters relating to Parcel B or Parcel A, as the case may be.
Promptly after the receipt of the Title Objection Notice, such grantor shall use diligent, good
faith efforts to address any objections raised to such grantee's reasonable satisfaction prior to the
Closing Date. In the event that, despite diligent and good faith efforts, such grantor cannot
remove any objections as provided above prior to the Closing Date, grantor's right to extend the
Closing Date as set forth in Section 8 hereof shall automatically be waived for the matters
identified in the Title Objection Notice and the grantee shall have the rights set forth in
Paragraphs 9 and 10 hereof.
C. Each grantee shall have the right to provide a supplementary Title Objection
Notice at any time up to the Closing Date respecting those defects in title arising after the
expiration of the Title Review Period.
d. LPC and the Town shall cooperate to provide access to the Exchange Parcels
during the Due Diligence Period.
e. Prior to engaging in any test or investigation that could damage any portion of the
Exchange Parcels, each grantee shall give the grantor three (3)business days' notice and the
opportunity to have a representative or employee of such grantor present during such activity.
The grantee shall use reasonable efforts to repair, at its sole cost and expense, any damage to the
Exchange Parcels caused by such tests or investigations.
f. If either grantee is not satisfied in its sole judgment with any of the information
obtained while conducting the due diligence identified above (other than title objection issues
that are controlled by the second and third paragraphs of this section as well as other relevant
paragraphs of this Agreement), then such grantee shall have the right to terminate this
Agreement by written notice to the other at any time or prior to 5:00 p.m. on the last day of the
Due Diligence Period.
16. Insurance.
Until recording of the deeds, the Town shall maintain property and liability insurance on the
Town's Property, and LPC shall maintain property and liability insurance on LPL's Property, all
as presently insured.
17. Adjustments.
Taxes of the then current fiscal year, shall be apportioned as of the day of performance of this
Agreement and the net amount thereof shall be added to or deducted from, as the case may be,
the purchase price payable by each party to the other.
18. Title.
It is understood and agreed by the parties that the Exchange Parcels shall not be in conformity
with the title provisions of this Agreement unless:
a. All buildings, structures and improvements, including, but not limited to, any
driveways, garages, fences, septic systems and all means of access to each Exchange Parcel are
located completely within the boundary lines of said Exchange Parcel, or the Town's Property or
LPL's Property to which it is being added, and shall not encroach upon or under the property of
any other person or entity;
b. No building, structure or improvement of any kind belonging to any other person
or entity encroaches upon or under either Exchange Parcel, other than the Town's Property or
LPL's Property to which it is being added; and
C. Title to each Exchange Parcel is insurable at normal title insurance premium rates,
for the benefit of such grantee by a nationally-recognized title insurance company by an owner's
title insurance policy(on the current ALTA form) insuring fee title in such grantee free from all
exceptions other than those exceptions set forth in Paragraph 2 or elsewhere in this Agreement.
19. Access.
In addition to the rights set forth in Paragraph 15, each of LPC and the Town, in its position as
grantee hereunder, and its agents shall have the right of access to the Exchange Parcels prior to
the Closing Date for the purpose of inspecting the condition thereof.
20. Notices.
All notices required or permitted to be given hereunder shall be in writing and delivered by hand,
sent by Federal Express or other recognized overnight delivery service, by facsimile (with proof
of transmission), or by electronic mail:
in case of notice to LPC, to: Lexington Peace Center, LLC
136 Laconia Street
Lexington, MA 02420
with a copy to: Patricia S. Nelson
19 Muzzey Street, Suite 207
Lexington MA 02421
Tel: 781-863-8688
Fax: 781-863-2201
Email: psnelson@masslaw.us
in case of notice to the Town, to: Town of Lexington
1625 Massachusetts Avenue
Lexington, Massachusetts 02420
Attn: Town Manager
with copies to: Jillian B. Bargar
Anderson& Kreiger LLP
50 Milk Street, 21St Floor
Boston, MA 02109
Tel: 617.621.6503
Fax: 617.621.6603
Email:jbargar@andersonkreiger.com
Any such notice shall be deemed given when so delivered by hand or, if sent by Federal Express
or other recognized overnight delivery service, on the next business day after deposit with said
delivery service, or if by facsimile (with proof of transmission) or electronic mail, on the same
business day.
21. REBA Standards.
Any matter or practice arising under or relating to this Agreement that is the subject of a title or
practice standard of the Massachusetts Real Estate Bar Association shall be governed by such
standard to the extent applicable, unless specifically provided otherwise in this Agreement.
22. Delivery of Closing Documents.
Each of the Town and LPC shall cooperate with the other by executing, acknowledging,
swearing to the truth of the contents and delivering such instruments as may reasonably and
customarily be required by such grantee's title insurance company and/or such grantee's attorney
in conjunction with the closing.
23. Extensions.
By executing this Agreement, the Town and LPC hereby grant to their respective attorneys the
actual authority to bind them by email for the limited purpose of allowing them to grant
extensions hereunder, and the Town and LPC shall be able to rely upon the signatures of said
attorneys as binding unless they have actual knowledge that either party has disclaimed the
authority granted herein to bind them.
24. Suits or Judgments.
Each of the Town and LPC hereby represents and warrants to the other that it has no notice or
knowledge of any suits or judgments in relation to the Town's Property or LPL's Property,
respectively. The provisions of this paragraph shall survive the Closing Date or the early
termination of this Agreement.
25. Brokers.
The Town and LPC each warrant and represent to the other that neither has dealt with any real
estate broker, salesperson, finder, or other person entitled to a commission or fee in connection
with the negotiation or execution of this Agreement or the consummation of the transaction
contemplated hereby. This paragraph shall survive the Closing Date or the earlier termination of
this Agreement.
26. Municipal Purposes; Approvals; DCAMM.
a. The Town is acquiring Parcel A for municipal purposes. The Town may elect to
acquire Parcel A through one or more deeds running to one or more municipal entities,boards or
commissions upon notification to LPC at least three (3)business days before the Closing Date.
b. Notwithstanding anything set forth herein to the contrary, the Town's obligations
hereunder are expressly subject to and contingent upon all municipal approvals that are required
for the Town's purchase of Parcel A, including without limitation completion of the notification
process set forth in M.G.L. c. 30B sec. 16(e)(2) to the Town's satisfaction (the "Approvals"). In
the event that the Town does not receive any one or more of the Approvals (if required) then the
Town may elect to terminate this Agreement by notice to LPC and this Agreement shall become
null and void without recourse to the parties hereto.
C. Simultaneously with the execution of this Agreement, LPC shall complete the
disclosure of beneficial interest form that is attached hereto as Exhibit C as required under
M.G.L. c. 7C, sec. 38, and the Town shall file the same with the Division of Capital Asset
Management of Massachusetts.
27. Grantee Termination.
In the event of any termination of this Agreement by either the Town or LPC, in its position as
grantee hereunder, because of any default of the grantor as provided in this Agreement, then the
Deposits shall be forthwith refunded in accordance with the Escrow Agreement and such grantee
shall be entitled to pursue all remedies available to it in law and in equity, including without
limitation specific performance.
28. LPL's Refinance or Loan Modification.
The Town and LPC acknowledge that in connection with the consummation of the transaction
contemplated by this Agreement, LPL's current mortgage lender may require that LPC refinance
or enter into a loan modification of its existing mortgage on LPL's Property(the "Refinance").
If, despite LPL's diligent efforts, LPC is unable to obtain a commitment for such Refinance or
loan modification on or before the Closing Date, LPC shall have the right to extend the Closing
Date by a period of up to sixty(60) days in order to obtain such commitment. If, at the
expiration of such extended period, LPC is unable to obtain such commitment for the Refinance,
then either party may terminate this Agreement upon written notice to the other, whereupon any
payments made hereunder shall be forthwith refunded and all other obligations hereunder shall
cease, and this Agreement shall be void without recourse to either of the parties hereto.
29. Liability of Trustee, Shareholder, Beneficiary,
The Town and LPC are executing this Agreement in a representative or fiduciary capacity, and
only the principal or the estate represented shall be bound; neither the Town or LPC so
executing, nor any shareholder, board member or beneficiary of any trust, shall be personally
liable for any obligation, express or implied, hereunder.
30. Severability.
If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force
and effect, and in the place of such invalid or unenforceable provision there shall be substituted a
like, but valid and enforceable provision, which comports to the findings of the aforesaid court
and most nearly accomplishes the original intention of the parties.
31. Signatures.
Each party to this Agreement agrees that delivery of an executed signature page of this
Agreement to the other party(or its attorney)by facsimile or other electronic transmission shall
be binding on each of the parties as if the original of such facsimile or other electronic
transmission had been delivered to the other party.
32. Construction of Agreement.
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire contract between the parties,
is binding upon and enures to the benefit of the parties hereto and their respective successors and
assigns, and may be cancelled, modified or amended only by a written instrument executed by
both the Town and LPC.
[The remainder of this page has been intentionally left blank.]
In witness whereof,the parties hereto affix their hands and seals as of the date first set forth
above.
LEXINGTON PEACE CENTER, LLC
By:
Name:
Title:
TOWN OF LEXINGTON,
By its Select Board:
By:
Name: James J. Malloy
Title: Town Manager, duly authorized
EXHIBIT A
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EXHIBIT B
ESCROW AGREEMENT
WHEREAS, the Town of Lexington, by and through its Select Board (the "Town"), and
Lexington Peace Center, LLC ("LPC"), entered into a Land Disposition Agreement dated
, 2020 (the "Agreement") for the purchase and sale of the Exchange Parcels (as
defined in the Agreement);
WHEREAS, the parties have each agreed to place the deposit of One Hundred Dollars ($100.00)
in conjunction with the execution of the Agreement (as defined in the Agreement, together the
"Deposits") in escrow as set forth in Section 5 of the Agreement;
WHEREAS, the parties have agreed to deposit the Deposits with the law firm of Anderson &
Kreiger LLP (the "Escrow Agent");
NOW THEREFORE, the parties hereto hereby agree as follows:
1. The Town, LPC, and the Escrow Agent agree to comply with Section 5 as well as the other
terms of the Agreement expressly related to the Deposits for the purposes hereof. The
retention and release of the Deposits hereunder shall be governed by the provisions set forth
in the section referenced above.
2. The Deposits shall be retained by the Escrow Agent in a non-interest bearing escrow account,
and it shall be held under the terms set forth below:
a) In the event of a dispute relating to the Deposits, the Escrow Agent shall have the right to
retain all or any portion of the Deposits pending the receipt of written instructions agreed
to and signed by the Town and LPC or receipt of a court order directing the distribution
of the Deposits after all appeals therefrom have been taken or appeals periods relating
thereto have expired. In the alternative, the Escrow Agent may resign at any time by
transferring the Deposits to a successor escrow agent reasonably acceptable to the Town
and LPC, which successor agrees in writing to act as escrow agent.
b) The Town and LPC jointly and severally agree to indemnify and hold the Escrow Agent
harmless for any and all costs and expenses, including reasonable attorney's fees,
incurred in connection with any dispute concerning the Deposits.
c) The duties and responsibilities of the Escrow Agent shall be limited to those expressly set
forth herein and in the Agreement, and the Escrow Agent shall not be subj ect to, nor
obligated to recognize, any other agreement between, or direction or instructions of, any
or all of the parties hereto.
d) The Escrow Agent, in its sole discretion, may institute legal proceedings of any kind,
including, but not limited to, a legal proceeding in any court of competent jurisdiction, to
determine the obligations of the parties hereunder and to deposit the Deposits in such
court; and upon such deposit and institution of legal proceedings, the duties of the
Escrow Agent shall be fully terminated and the Escrow Agent shall be fully discharged
from all such duties. The Escrow Agent shall not be required to institute or defend any
administrative, arbitral,judicial or other action or legal process involving any matter
referred to herein which in any manner affects it or its duties or liabilities hereunder
unless and until it has received full indemnity as it shall in its sole discretion require
against any and all claims, liabilities,judgments, attorneys' fees and other costs and
expenses of any and every kind in relation thereto.
e) In taking any action hereunder, the Escrow Agent shall be protected and may rely upon
any notice,paper or document or signature believed by it to be genuine or upon any
evidence deemed by it to be sufficient. In no event shall the Escrow Agent be liable for
any act performed or omitted to be performed by it hereunder in the absence of gross
negligence or willful misconduct, and in no event shall it be liable or responsible for any
failure of any banking institution in which the Deposits is deposited to pay such Deposits
at the Escrow Agent's direction.
f) The Escrow Agent shall not be under a duty to give the property held hereunder a greater
degree of care than the Escrow Agent gives its own similar property. The tax
identification numbers of the parties hereto shall be furnished to the Escrow Agent on
request.
g) The rights and immunities of the Escrow Agent hereunder shall apply equally to its
partners, of counsel, associates, employees, affiliates and agents.
h) The Town and LPC agree that Anderson&Kreiger LLP's status as Escrow Agent shall
not affect its ability to act as the Town's counsel in the event a dispute arises regarding
the Deposits, or any other dispute under this Escrow Agreement or with respect to the
sale of the Exchange Parcels, and the Town and LPC hereby waive any current or future
conflict of interest which may result from the same.
i) This Escrow Agreement sets forth exclusively the duties of Escrow Agent with respect to
any and all matters pertinent hereto and no implied duties or obligations shall be read into
this Escrow Agreement against Escrow Agent.
3. This Escrow Agreement may be executed and delivered in any number of counterparts, each
of which so executed and delivered shall be deemed to be an original and all of which shall
constitute one and the same Escrow Agreement.
[Signatures on following page]
This document is executed under seal as of this day of , 2020.
LEXINGTON PEACE CENTER, LLC
By:
Name:
Title:
TOWN OF LEXINGTON,
By its Select Board:
By:
Name: James J. Malloy
Title: Town Manager, duly authorized
ESCROW AGENT
ANDERSON &KREIGER LLP
By:
EXHIBIT C
DISCLOSURE OF BENEFICIAL INTERESTS IN REAL PROPERTY TRANSACTION
(M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J))
The undersigned party to a real property transaction with a public agency hereby discloses and certifies,under
pains and penalties of perjury, the following information as required by law:
(1) REAL PROPERTY: An approximately 4,635 square foot portion of the land located off Lowell Street
in Lexington, identified as Assessor's Parcel No. 46-99, and an approximately 3,701 square foot
portion of the land located at 344 Lowell Street in Lexington, identified as Assessor's Parcel No. 46-
101A.
(2) TYPE OF TRANSACTION,AGREEMENT OR DOCUMENT: Purchase/Sale
(3) PUBLIC AGENCY PARTICIPATING IN TRANSACTION: Town of Lexington,as buyer/seller
(4) DISCLOSING PARTY'S NAME AND TYPE OF ENTITY(IF NOT AN INDIVIDUAL):
Lexington Peace Center,LLC
(5) ROLE OF DISCLOSING PARTY(Check appropriate role):
Lessor/Landlord Lessee/Tenant
Seller/Grantor Buyer/Grantee
X Other(Please describe): Buyer/seller(land exchange
(6) The names and addresses of all persons and individuals who have or will have a direct or indirect
beneficial interest in the real property excluding only 1) a stockholder of a corporation,the stock of which is
listed for sale to the general public with the securities and exchange commission, if such stockholder holds
less than ten percent of the outstanding stock entitled to vote at the annual meeting of such corporation, or 2)
an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions
specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows(attach additional pages if necessary):
NAME RESIDENCE
(7) None of the above-named persons is an employee of the Division of Capital Asset Management and
Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed
below(insert"none"if none):
(8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has
read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General
Laws of Massachusetts:
No agreement to rent or to sell real property to or to rent or purchase real property from a public
agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made
to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has
been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly
authorized officer thereof giving the true names and addresses of all persons who have or will have a
direct or indirect beneficial interest in said property with the commissioner of capital asset
management and maintenance. The provisions of this section shall not apply to any stockholder of a
corporation the stock of which is listed for sale to the general public with the Securities and
Exchange Commission, if such stockholder holds less than ten per cent of the outstanding stock
entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent
property from a public agency where the lessee's interest is held by the organization of unit owners of
a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are
created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions
of this section shall not apply to an owner of a time-share in the leasehold condominium who
(i) acquires the time-share on or after a bona fide arm's length transfer of such time-share made after
the rental agreement with the public agency is executed and(ii) who holds less than three percent of
the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure
statement shall also be made in writing, under penalty of perjury, during the term of a rental
agreement in case of any change of interest in such property, as provided for above, within thirty
days of such change.
Any official elected to public office in the commonwealth, or any employee of the division of capital
asset management and maintenance disclosing beneficial interest in real property pursuant to this
section, shall identify his position as part of the disclosure statement. The commissioner shall notify
the state ethics commission of such names, and shall make copies of any and all disclosure statements
received available to the state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received available for public
inspection during regular business hours.
(9) This Disclosure Statement is hereby signed under penalties of perjury.
Print Name of Disclosing Party:
(From Section 4, above)
Authorized Signature of Disclosing Party:
Print Name and Title of Authorized Signer:
Date:
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Discuss FY2022 Department Budgets
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.7
SUMMARY:
This is an opportunity for the Select Board to have a discussion on your priorities based on the budget
presentations so that as the White Book is being completed, staff can consider items the Board may wish to
include in the FY22 budget. From the questions and comments during the budget presentations, the following
are items that I have identified:
• There was a question whether the traffic enforcement officer would be an additional officer or would
replace an existing position.
• Parking meters and the need to address the 3 G, 4G etc. issue and investment we need to make in the
meters.
• There was a discussion on both 12/2 and 12/3 on a DEI position. On 12/2 the discussion was where
would it"live"and on 12/3 the full Board indicated that you would like to see a position included in the
FY22 budget.
• The Board asked specifically where we would put E V chargers should they be included in the budget
and wanted to confirm that the E V chargers that were installed last year that we are charging for the
electricity being used and recovering all of the To wn's costs (administrative fees related to the use
charges).
• On 12/7 there was discussion that we should include some maintenance costs for the Stone Building in
the DP F budget.
On 12/7 there was a discussion on whether the functions of the Health Office were outdated and that a
study may be needed to determine the future of health services and how they're delivered.
• There was c o nc ern raised about the Center Parking Lot c o ns o lid atio n plan.
• Questions on how to move forward with the Bath House at the Reservoir.
• There were comments that the Town should compare electric mowers and other equipment to gas
powered mowers and other equipment in the Recreation Department's budget(including a hot water
heater).
• The parking lot c o ns o lid atio n plan is off the capital plan. After the Select Board meeting, the Town
Manager and Carol Kowalski met and Ms. Kowalski indicated her department thought having this as an
ongoing capital item was at the original request of the Select Board and after discussion, Ms. Kowalski
offered to remove this request from her department's Capital Plan requests.
SUGGESTED MOTION:
No vote required, this is for discussion only.
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 7:55pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
C O VID-19 & Reopening Update
PRESENTER: ITEM
NUMBER:
Jim Malloy, Town Manager
I.8
SUMMARY:
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 8:55pm
ATTACHMENTS:
Description Type
:. Memo
COVID-19 UPDATE
12/11/20
Updated Public Health Information (as of 12/10/20):
• 483 Confirmed (cumulative) Cases in Town of which 31 are active cases.
Town/School/Community:
• We have taken a step back and as of 12/14/20 will cease meetings with the public(by appointment)
and will curtail the number of employees that are working in the offices to only those that are are
essential that need to be in the office to fulfill their responsibilities. All other employees will be
working remotely. This is being done to protect the public and our employees. A notice was sent
out to the public on 12/10 as well as to all employees. The Town Manager will be holding an all
employee meeting on Friday 12/11 to discuss and respond to any questions.
• We have had several additional employees this week that have tested positive with COVID-19.
Please note that these are spread across a number of departments and have resulted in additional
employees being quarantined.
• We continue to have a regular, COVID-19 conference call every Wednesday morning at 9 AM with
the Senior Management Team and Health Officials.
• We held the first of two planned free testing sites on 12/10 with the second planned for 12/13 from
9 AM to 3 PM which are being held in the large white tent behind the temporary fire station at 173
Bedford Street. This will provide the Town the ability to measure the appropriateness and
weaknesses of this facility as a vaccination facility.
• Just as a reminder,we have a dashboard on the Town's website thanks to Alicia! The link is
attached or can be viewed live on the Town's website here:
le.c m mb a re rtin c c bS b -4 S
I .................. .............................
41 bb E n
...............................................................................................................................................p
• We held a meeting on 12/10 with the Working Group working on finalizing the update to the EDS
Plan and a COVID specific plan that can be presented to the Board of Health. The Working Group
including Health, Public Safety(Police & Fire), Public Works, Public Facilities, Human Services and
Management staff. We anticipate the Board of Health reviewing the EDS Plan and COVID specific
planning work and provide recommendations mid-week next week. The Working Group will then be
meeting next on 12/18 and will continue with the goal of having a plan in place to meet any
responsibilities the Town has by early January.
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Qom`°%3S M04"tic Town of Lexington
775
4 N w zy Land Use, Health and Development Department
X �
4 o W Office of Public Health
1625 Massachusetts Avenue
AP IL 19T" Lexington,MA 02420
�x1N61
(781)-698-4533
Fax(781)-861-2780
David Neylon,RN,MPH,REHS/RS Board of Health
Public Health Nurse x 84509 Wendy Heiger-Bernays,PhD, Chair
Burt M.Perlmutter,M.D.
Casey Mellin,REHS/RS,CHO David S.Geller,M.D.
Health Agent x 84507 John J.Flynn,J.D.
Susan Wolf-Fordham,J.D.,M.P.A.
Alicia McCartin
Health Agent x 84519
COVID-19
Lexington Office of Public Health Situation Report
Week of 12/07/2020
To: Jim Malloy, Town Manager
From: Alicia McCartin, Health Agent
Date: 12/10/2020
Current Snapshot (Data range from 3/7/20 to 12/09/20 unless otherwise not
• 487 total confirmed Lexington cases as of 12/09/20 (42 new confirmed cases this week;
14 day case count 5 8)
• 96 total probable Lexington cases as of 12/09/20 (7 new probable cases this week)
• 41 confirmed cases have not cleared isolation (recovered) at this time
• 0 fatalities this week.
• Total fatalities since 3/7/20 =48 (92%* associated with Long-term Care Facilities) *Self
report by LTCF;not checked against official death certificates
• Total number of Lexington residents tested in previous 14 days =3525 individuals
as of 12/09/20.
• Percent of individuals tested last 14 days that were positive as of 12/09/20 = 1.65%
• Average daily incidence rate per 100,000 = 11.11
1
New Lexington COVID-19 Dashboard
Lexington's COVID data will be presented in a new dashboard format. This dashboard can be
found by going to the Town of Lexington homepage, click on the COVID-19 News &Resources
link then by clicking on the NEW: Latest Lexington Public Health COVID-19 Data. The
dashboard will be updated weekly on Fridays.
This dashboard has the same data that has been in the weekly reports,just in an easier to read
format. The dashboard is 2 pages and at the bottom of the first page, you can click on the button
at the bottom left to go to the second page of the dashboard.
The dashboard is interactive and for example, if you click on a dot in the New Weekly Cases and
Weekly Cumulative Confirmed Case Count graph you can see what the numbers were for that
week.
htt , .// t s t � l / b /rI....... rtn46ed 854-8
2
Lexington Confirmed Cases by Week(3/7/20* to 12/09/2020)
*First case reported 3/7/20; **Peak surge week of 4/13/20;
***Confirmed case reclassified as negative per updated state case surveillance definition
****Confirmed case reclassified to different jurisdiction as the positive case was not a Lexington resident
0 EM 1
*3/4/2020 0 0
3/11/2020 3 3
3/18/2020 6 3
3/25/2020 14 8
4/1/2020 28 14
4/8/2020 62 34
**4/15/2020 151 89
4/22/2020 206 55
4/29/2020 254 48
5/6/2020 275 21
5/13/2020 289 14
5/20/2020 302 13
5/27/2020 309 7
6/3/2020 315 6
6/10/2020 318 3
6/17/2020 321 3
6/24/2020 321 0
7/1/2020 326 5
7/8/2020 327 1
7/15/2020 329 2
7/22/2020 332 3
7/29/2020 335 3
8/5/2020 339 4
***8/12/2020 338 0
8/19/2020 340 2
8/26/2020 341 1
9/2/2020 343 2
9/9/2020 343 0
9/16/2020 350 7
****9/23/2020 351 1
9/30/2020 358 7
10/7/2020 362 4
10/14/2020 369 7
10/21/2020 371 2
10/28/2020 380 9
11/4/2020 383 3
11/11/2020 398 15
11/18/2020 409 11
11/25/2020 428 19
12/2/2020 445 17
3
12/9/2020 487 42
4
Lexington Confirmed Cases by Gender(3/7/20* to 12/09/2020)
*note—date of Lexington's first confirmed case; cumulative case count
Gender #Cases Percent
Unknown 13 3%
Female 277 57%
Male 197 40%
Total 487 100%
Lexiniton Confirmed Case Distribution by Age in 10-Year Increments (3/7/20 to 12/09/20)
Age Range #Cases (cumulative count)
0-10 6
10-20 45
20-30 36
30-40 29
40-50 53
50-60 87
60-70 54
70-80 70
80-90 75
90-100 30
100-110 2
Total 487
Lexington Confirmed Cases by Reported Race/Ethnicity (3/7/20 to 12/09/20)
Race/Ethnicity #Cases (cumulative count)
American Indian Alaskan Native 1
Asian 47
Black/African American 25
Other 73
Unknown 70
White 271
Total 487
5
Changes over last 14 days (11/25/2020- 12/9/2020)
On 7/15/20, the Massachusetts Department of Public Health(MDPH)has updated their
City/Town reports to reflect percent changes over the past 14 days only, rather than total
cumulative standardized rates. Data reported below compare Lexington confirmed cases (PCR
results) to 8 geographically adjacent communities.
Starting 10/22/2020 the state has changed its weekly COVID report from Wednesdays to
Thursdays.
On the weekly report issued by the state on November 5, 2020, the state is changing the way they
group a town either grey, green, yellow, red. Below is the chart that came from pg. 27 of the
weekly report from the state. As of 1115, DPH is using 2019 population estimates derived from a
method developed by the University of Massachusetts Donahue Institute. The 2019 estimates are
the most currently available data. As of July 1, 2019 the University of Massachusetts Donahue
Institute estimates Lexington's Population to be 34,080.
-------------------
Population
Lies than r u l Less,t hanoreq al Less, th �n or equal
to 10 tota 11 ca ses, tolOtotal case,s, t015 totalcases,
Le s s t h a n o r,,e,,q lu a 1 <10 avg," ,cases/100k, <10 av, cases,/"100k
Lies s t h a n o r,e q t,i a 1 -e-10 avgcs s �: ng c a s s/10
Yell,",ow to 25totallcaselsil OR. �!5% plosrate e OR ? 4 ii a, r a �
cases AND �,!,5% pos rate AND ,, 4%, pas, rate
More than ,25total we--,10 avIg" cases,/100k ,�-,!10 avIg ,casess/100k,
Average daily incidence rate per 100,000 over the last 14 days (11/25/2020- 12/9/2020)
I Ills ;I
Waltham 3.24% 301 32.36 10509 340
Bedford 2.39% 42 20.01 1838 44
Woburn 7.48% 344 5304 397
Lexington 1.65% 53 11.11 3525 58
Burlington 5.31% 151 3071 163
Belmont 2.63% 84 21.89 3687 97
Arlington 2.89% 161 25.09 6292 182
Winchester 3.28% 126 40.39 4054 133
Lincoln 1.36% 11 808 11
7
Discussion of Data and Lexington Office of Public Health COVID-19 Activities:
There was 42 new confirmed COVID-19 cases in Lexington this past week. In addition, there
were 7 new probable cases this week. At this time there are a total of 41 active cases in
Lexington that are in isolation until recovery. There have been 0 fatalities this week.
Over the past 14 days, MDPH reported 3525 Lexington residents have been tested for COVID-
19 with analysis by PCR. Of those residents tested, the state reported less than 58 individuals
(1.65%)were confirmed positive. To better inform local decision making,the state has
released an interactive color coded map with standardized daily incidence rates averaged
over the previous 14 days. The map can be found at the following link:
Standardized rates (per
100,000) for Lexington and the 8 communities geographically adjacent to Lexington have
been added to the table on page 7 of this report.
Long Term Care Facilities and Assisted Living Facilities
New guidance was announced on 9/14/20 that allows safe indoor visitation to resume in nursing
homes and rest homes, and further expands indoor visitation options in assisted living residences
(ALRs) starting Friday, September 25. The guidance from the Department of Public Health
(DPH) and the Executive Office of Elder Affairs (EOEA)balances the important role visitation
plays in supporting resident emotional health and quality of life, while ensuring necessary
infection control measures are in place.
September 14's announcement builds on previous guidance to further support residents and their
loved ones who have been disproportionately impacted by COVID-19. In March, the
Commonwealth acted quickly to take precautions in restricting visitation at nursing homes, rest
homes, and ALRs to protect resident safety and mitigate the spread of COVID-19. As the
Commonwealth proceeded with a phased reopening, visitation restrictions were updated in June
to allow for outdoor visitation with guidance on how these visits could safely occur.
Nursing homes and rest homes may resume in-person visits so long as appropriate infection
control and safety measures are in place, including:
• Indoor visits should occur within a designated visitation space that is close to the entrance
of the facility and allows for social distancing
• The visitor must be screened for COVID-19 symptoms and have their temperature
checked
• Residents, staff, and visitors must wear a mask or face covering for the duration of the
visit
• The visitor must remain at least 6 feet away from the resident for the majority of the visit
• If desired by both parties, there may be physical contact between the resident and visitor
so long as precautionary measures are followed such as hand sanitation before and after
contact
• A schedule is implemented for frequent disinfection of the designated visitation space
• The unit, floor, or care area where the resident lives must not have any COVID-19 cases
in residents or staff in the past 14 days and the facility is not experiencing a staffing
shortage that requires a contingency staffing plan
8
ALRs were previously able to resume indoor, in-unit visitation, and may now also resume indoor
visitation in a designated shared space such as a waiting room near the entrance of the residence.
ALRs are subject to the same appropriate infection control and safety measures described above,
except for the requirement that there are no COVID-19 cases in the past 14 days.
CareOne Lexington:
• Total#of positive resident cases (cumulative, including fatalities): 76
• Total#of suspect or confirmed fatalities (included in the number above): 24
• Current resident census (as of 12/9/20): 124—1 of 4 units has been designated as a quarantine
unit(23 current patients)
• Staff-36 staff have tested (+) and have completed their isolation period
• No current staffing needs; no critical PPE needs
• CareOne is quarantining all new admissions and testing these residents on days 1-2, 5-7, 10-12
and day 14 post-admission
• CareOne is currently set up for indoor visitation with the appropriate infection control measures
in place.
Pine Knoll:
• Total#of positive resident cases (cumulative, including fatalities): 53
• Total#of fatalities(included in the number above): 16
• Current resident census (as of 12/9/20): 72—there are no residents currently in quarantine
• Staff-At this time there have been 20 staff test(+) out of total of approximately 85 total staff
• Pine Knoll is testing their staff weekly.
• Pine Knoll has 3 months' supply of PPE on hand and recently created a new PPE storage area in
their facility
Brookhaven
• Total#of positive resident cases (cumulative, including fatalities): 11
• Total#of fatalities(included in the number above): 3
• Current resident census (as of 12/8/20): 400-across Skilled Nursing(9),Assisted Care (34) and
Independent Living(357)
• Staff-30 staff have tested (+); 3 staff are completing their isolations periods at home at this time
9
• In August, Brookhaven removed 37 Skilled Nursing beds permanently, (previously 49 total beds,
now 12 total SNF beds) and increased total Assisted Care units from 19 units to 49 units
Youville Place
• Total#of positive resident cases (cumulative, including fatalities): 21
• Total#of fatalities(included in the number above): 1
• Current resident census (as of 12/9/20): 81-across traditional assisted living(56) and a memory
care unit(25)
• Staff- 13 staff have tested (+) of 61 staff
Artis Senior Living
• Total#of positive resident cases (cumulative, including fatalities):0
• Total#of fatalities(included in the number above): 0
• Current resident census (as of 12/7/20): 32 (utilizing 2 of 4 units—Artis is exclusively`memory
ca re')
• Staff-4 staff have tested positive and are completing their isolation periods at home
• Artis is testing all staff every 5 days
10
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Update on Next Steps for Social Racial Equity Initiatives
PRESENTER: ITEM
NUMBER:
Kelly Axtell, Deputy Town Manager
I.9
SUMMARY:
Kelly Axtell will provide the Board an update on the Social Racial Equity Initiatives.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 9:00pm
AGENDA ITEM SUMMARY
LEXINGTON SELECT BOARD MEETING
AGENDA ITEM TITLE:
Town Manager Performance Appraisal and Goals Review
PRESENTER: ITEM
NUMBER:
Doug Luc ente, Select Board Chair 1.10
SUMMARY:
The Board will review and vote the Town Manager's annual performance review for the period October 1,
2019 - September 30, 2020.
SUGGESTED MOTION:
FOLLOW-UP:
DATE AND APPROXIMATE TIME ON AGENDA:
12/14/2020 9:05pm
ATTACHMENTS:
Description Type
D 'Fown.Manager Perforrinan.ce I�Valuatior.-i.(for period October 2019 13ack..up Muterial.
Sej?terfiber 2020)
Town of Lexington
Town Manager Performance Review Policy
NAME: James J. Malloy
REVIEWER: Consolidated Respoinses - Select Board
REVIEW PERIOD:
DATE: 12/9/2020
POLICY AND PURPOSE:
The purpose of this evaluation instrument is to formally evaluate the Town Manager's
performance on an annual basis. The document allows the Select Board (Board) to assess the
Town Manager's performance in key competency areas and in the accomplishment of goals.
Through the evaluation procedure, Board members will recognize strengths, offer positive
feedback, and suggest any areas that require corrective action.
Individual performance evaluation forms prepared by members of the Board are considered
work product/personal documents, and shall not be publicly released. The only document to
be released will be an overview document, compiling the scores and comments, prepared by
the Executive Clerk to the Board.
PROCEDURE:
1. The period of evaluation is October 1 through September 30.
2. The Town Manager will submit a narrative self-evaluation including a report on goal
achievement. A copy of that self-evaluation/goal achievement and a blank evaluation form
will be distributed to each Board member.
3. Board members will complete their evaluation forms and provide them to the Executive
Clerk by a date set by the Chair.
4. The Executive Clerk will compile the ratings from individual evaluation forms and develop a
document inclusive of all Board member's comments. In each of the competency areas, the
Executive Clerk will provide the total number of ratings in each category (E, M, I & N/A).
5. The Executive Clerk will give the individually completed performance evaluation forms,
including the Board member's individual narrative comments to the Director of Human
Resources who will place them in the Town Manager's personnel file.
6. The Executive Clerk will provide the Town Manager with the consensus evaluation
document at least one week prior to the date at which the document will be publicly
discussed.
Page - 1- of 8 Initial
7. The overview document will be released to all board members when meeting materials are
publicly posted.
RATING METHODOLOGY& INSTRUCTIONS
This evaluation form contains ten categories of evaluation criteria. Each category contains a
statement to describe a behavior standard in that category. For each statement, use the
following scale to indicate your rating of the Town Manager's performance.
Excellent/Outstanding (E)
The Town Manager's work performance is consistently excellent
when compared to the standards of the job.
Meets Expectations (M)
The Town Manager's work performance consistently meets the
standards of the position.
Improvement Needed (I)
The Town Manager's work performance does not consistently
meet the standards of the position.
No Knowledge (N/A)
Not familiar enough to be able to rate this aspect of the Town Manager's performance.
Any item left blank will be interpreted as a ranking "M".
This evaluation form also contains a provision for entering narrative comments, including an
opportunity to enter responses to specific questions and an opportunity to list any comments
you believe appropriate and pertinent to the rating period. Please write legibly.
Return all pages of this evaluation form. Initial each page. Sign and date the cover page. On
the date space of the cover page, enter the date the evaluation form was submitted. All
evaluations presented prior to the deadline identified on the cover page will be summarized
into a performance evaluation to be presented by the Board to the Town Manager as part of
the agenda for the meeting indicated on the cover page.
KEY COMPETENCIES:
1. Individual Characteristics
r-1 -4 Is diligent and thorough in the discharge of duties
- p 11-1 Exercises good judgment
- 1 .- ?1-2 Displays enthusiasm, cooperation, and willingness to adapt
- 1 1-1 Exhibits composure and attitude appropriate for executive position
2. Professional Skills and Status
- �M-2 Maintains knowledge of current developments affecting the practice of local
government management
-11 M-4 Demonstrates a capacity for innovation and creativity
Page - 2- of 8 Initial
E-ly - p 1-1 Anticipates and analyzes problems to develop effective approaches for solving them
r_.ly - ,,i'-' Demonstrates a willingness to try new ideas proposed by governing body members
and/or staff
Sets a professional example by handling affairs of the public office in a fair and impartial
manner
-Ix - ,N/A-1 N/A- identifies professional development opportunities to continue personal development
3. Relations with Elected Members of the Select Board
- y N/A-1 Carries out directives of the Board as a whole as opposed to those of any one member
or minority of the Board
M5 Works with Chair to develop meeting agendas that reflect the guidance of the Board
and avoids unnecessary involvement in administrative actions
- 1 N/A-1 Disseminates complete and accurate information equally to all members in a timely
manner
Facilitates decision making without usurping authority
-lp - p 11-1 Responds well to requests, advice, and constructive criticism
4. Policy Execution
E-21 M-3 Implements actions in accordance with the intent of the Board and the goals established
by the Board and aligns internal organizational goals with the Board's goals.
r- p M-3 Supports the actions of the Board after a decision has been reached, both inside and
outside the organization
E.-ly M4 Understands, supports, and enforces the Town's By-Laws, policies, and regulations
41 N/A-1 Reviews policies and procedures periodically
1 N/A-1 Offers workable alternatives to the Board for changes in By-Laws or policy when an
existing policy or ordinance is no longer practical
S. Reporting
E-11 -4 Provides regular information and reports to the Board concerning matters of
importance to the Town
-11 M-4 Responds in a timely manner to requests from the Board for special reports
-l➢ - p 0-1 Takes the initiative to provide information, advice, and recommendations to the Board
on matters that are non-routine and not administrative in nature
Produces reports that are accurate, comprehensive, concise and written to their
intended audience
Produces and handles reports in a way to convey the message that affairs of the Town
are open to public scrutiny
6. Citizen Relations
E-11 -4 Is responsive to requests from citizens
Page - 3- of 8 Initial
r- p M-3 Demonstrates a dedication to service to the community and its citizens
r-11 - ,N/A-1 Maintains a nonpartisan approach
Meets with and listens to members of the community to discuss their concerns and
strives to understand their interests
M-311-2 Monitors and makes appropriate efforts to maintain citizen satisfaction with Town
services
7. Staffing
_ ,11-1,N/A-1 N/A- Recruits and retains competent personnel for staff positions
- x 11-1,N/A-1Applies an appropriate level of supervision to improve any areas of substandard
performance
- x o 1P N/A-1 N/A- Stays accurately informed and appropriately concerned about employee relations
i - , V- ,N/A-1Ensures professional management of the compensation and benefits plan
-11 - ,N/A-1 N/A- Promotes training and development opportunities at all levels of the organization
i 31 U-11 N/A-1 N/A- Conducts labor relations in accordance with law and balances the impacts of employee
morale and fiscal responsibility with comparable communities to ensure the Town
retains the best staffing possible.
8. Supervision
_1Y i121 N/A-1Encourages department managers to make decisions within their jurisdictions with
minimal town manager involvement, yet maintains general control of operations by
providing the right amount of communication to staff
N/A-N/A-5 Instills confidence and promotes initiative in subordinates through supportive rather
than restrictive controls for their programs while still monitoring operations at the
department level
- x 11-1,N/A-1 N/A- Develops and maintains a friendly and informal relationship with staff and work force in
general, yet maintains the professional dignity of the Town Manager's office
U- .9 N/A-3 N/A- Sustains or improves staff performance by evaluating the performance of staff members
at least annually, setting goals and objectives for them, periodically assessing their
progress, and providing appropriate feedback
_,,X 114,N/A-1Encourages teamwork, innovation, and effective problem-solving among staff members
9. Fiscal Management
r- p -1 Prepares a preliminary balanced budget to provide services at a level deemed
appropriate by the Board
- p M-3 Makes the best possible use of available funds, conscious of the need to operate the
Town efficiently and effectively
r- p M-2 Prepares a budget and budgetary recommendations in an intelligent and accessible
format
Page -4- of 8 Initial
r- p M-3 Ensures actions and decisions reflect an appropriate level of responsibility for financial
planning, accountability and development of policies and long term financial planning to
meet the long-term budgetary needs of the Town
E.-21M-3Appropriately monitors and manages fiscal activities of the organization
r-11 M-4 Works with all departments including the Superintendent on developing a fair revenue
allocation formula that meets the needs of the entire Town
10. Community
-' Shares responsibility for addressing issues facing the Town
31 1-2 Avoids unnecessary controversy
M.A.0 N/A-1 Cooperates with neighboring communities
4. /1,1 Helps the Board address future needs and develop adequate plans to address long term
trends
M-5 Cooperates with other regional, state, and federal government agencies and officials,
including Hanscom Air Force Base
NARRATIVE EVALUATION (Select Board to complete)
1. What would you identify as the manager's strength(s), expressed in terms of the
principal results achieved during the rating period?
AppendixSee r consolidated responses
Page - 5- of 8 Initial
2. What performance area(s) would you identify as most critical for improvement?
See Appendix A for consolidated responses
3. What constructive suggestions or assistance can you offer the manager to enhance
performance?
See Appendix A for consolidated responses
Page-6-of 8 Initial
4. What other comments do you have for the manager; e.g., priorities, expectations, goals
or objectives for the new rating period?
appendixSee
5. Unplanned Actions/Achievements
AppendixSee r consolidated responses
6. Learning and Development Plans
AppendixSee r consolidated responses
Page -7- of 8 Initial
Town Manager Performance Evaluation Form
Acknowledgement of Receipt
This is to acknowledge the fact that the performance review was conducted by the Select Board
in accordance with the procedures and that the Town Manager has received the overview
document.
SELECT BOARD
Date:
TOWN MANAGER
Date:
Page -8- of 8 Initial
Appendix A-Town of Lexington
Town Manager Performance Review
Consolidated Narrative Responses
Question 1 - What would you identify as the manager's strength(s), expressed in terms of the principal
results achieved during the rating period?
• Overview- Mr. Malloy is a highly competent and skilled Town Manager. He is a municipal
manager that values personal integrity and transparency.The entire Board is grateful for Mr.
Malloy's leadership and continued dedication to the municipal government in the Town of
Lexington.All Board members noted that this past year presented a number of unanticipated
challenges for the Town of Lexington, but Mr. Malloy was able to address many of those
challenges and he managed to keep the municipal operations running relatively smoothly.
• Fiscal Management- Four Board members noted Mr. Malloy's strong fiscal management and
highlighted that financial planning has been one of his strongest attributes. It was noted by
Board members that Mr. Malloy and the Town staff were instrumental in maintaining a
balanced budget FY20,which ended much better than expected. It was further noted that the
Town was able to continue operating close to normal because we were able to hold a remote
Annual Town Meeting in June and Town Meeting passing the FY21 Budget. One member added,
"while some of the strategic financial goals have been pushed back,for now, the overall
discipline was successfully maintained by holding off on certain projects and reevaluating our
priorities."Additionally, one member added: "He has proposed creative and disciplined
techniques for managing the budget and for reducing future shocks from large capital projects
like the major high school renovation/rebuild."
• Pandemic Response-Three Board members highlighted that for most of this review period, Mr.
Malloy faced the unprecedented challenge of the global pandemic. The COVID-19 pandemic
changed everything about how and which municipal services are delivered. Mr. Malloy had to
adjust the majority of the Town's workforce to remote work nearly overnight. While there were
some hiccups, as would be expected, over time these issues were resolved. Further, one
member noted that pandemic created a new level of civic engagement, but Mr. Malloy
successfully worked with the Senior Management Team to balance the needs of our community
to maintain safety,while also keeping our local economy going within the limits of our state
regulations. Mr. Malloy and his team sought and received grants for our local retail which
helped several businesses maintain some business.Additionally, despite the pandemic, Mr.
Malloy performed admirably on all his target goals for the year. One member noted that"to
have made concrete progress on pre-pandemic goals is a testament to the manager's dedication
and to the quality of staff throughout the organization."
• A Leader in Local Government-Two Board members noted that Mr. Malloy has a good working
relationship with his colleagues in other local governments and keeps abreast of the best
practices of other communities, so he is able to bring those ideas to Lexington.These
connections to other communities, organizations, and their resources are appreciated. Mr.
Malloy represents us in a professional and appropriate manner in many settings.
• Hartwell Initiatives-Two Board members noted that Mr. Malloy has made revitalizing the
Hartwell commercial district a high priority,which can as measured by, 1) raising the importance
of this issue with the Select Board and Planning Board on a regular basis, 2) hiring a consultant
to develop a plan for creating a revitalized district, 3) encouraging Economic Development staff
to make this initiative a top priority,4) providing opportunities for business owners and local
residents to comment on the plan, and 5) securing 25%design funding for addressing
Page 1of5
12-9-2020
Appendix A-Town of Lexington
Town Manager Performance Review
Consolidated Narrative Responses
transportation issues in the area.The efforts and progress on this issue by Mr. Malloy and his
staff to grow our commercial sector shows Mr. Malloy's commitment to achieving economic
improvements in this area.
• Knowledgeable.-One Board member noted that Mr. Malloy has a strong knowledge and
understanding of municipal law and practice and has good fiscal sense and knowledge.
• Commitment to Diversity, Equity,and Inclusion-One Board member noted that Mr. Malloy has
spoken on numerous occasions about the Town's commitment to diversity, equity, and inclusion
by expressing his commitment to ensuring that all Lexington residents are treated fairly, and feel
safe and welcome in the Town of Lexington. Mr. Malloy has publicly expressed his commitment
to hiring staff to reflect the diversity reflected in the Town.
• Union Contracts—One Board member expressed appreciation that Mr. Malloy was able to
successfully settle all outstanding municipal contracts which helped solve some very important
workplace issues with our Town employees.
• Communication to Board—One Board member noted that over the past year, Mr. Malloy has
improved his notification processes by timely alerting the Board members to any urgent issues.
• Unmet Goals-One Board member noted that of the goals that were not met, e.g., ensuring that
the police headquarters project was positioned strongly for passage at the 2020 Annual Town
Meeting,the failure is directly attributable to factors outside Mr. Malloy's control. In the case of
the Police Headquarters,the Board actively chose to suspend the project in response to national
issues of race and social equity and fiscal uncertainty stemming from societal changes due to the
pandemic.
Question 2- What performance area(s)would you identify as most critical for improvement?
• Relationships and Communication-All Board members identified communication as an area
where Mr. Malloy could make improvements. Specific comments from individual Board
members were:
o Interpersonal relationships and communications are the "most critical for
improvement".
o Being present for employees, and volunteers where necessary, and being truly engaged
with them is an area to address.
o The staff does not appear to feel uniformly valued or empowered and there is no
uniformity in feeling their voices are heard/opinions are sought or valued.
o Lexington is a community that values high levels of service and communication in all
aspects of Town government.
• Conflict Resolution-One Board member identified conflict resolution as an area for
improvement.This member states: "While this isn't a specific performance area identified in the
goal-set it is an implicit expectation for high performance. This year has been an exceptional
source of stress due to the pandemic, and conflict is a natural consequence, but a number of
conflict areas predate the emergence of the pandemic. Challenging relationships exist between
the municipal organization and school management around budgeting. Strains exist between the
Board of Health and the Health Department and municipal management. 1 do not mean to
suggest that these friction areas have been created by the manager, but rather that 1 look to him
to actively reduce or resolve the problems and would like to see that skill improved."
Page 2of5
12-9-2020
Appendix A-Town of Lexington
Town Manager Performance Review
Consolidated Narrative Responses
• Information Access and Two Way Communication-Two members identified information access
as an area where Mr. Malloy could make improvements. Residents routinely express frustration
about the difficulty of finding and accessing important information about Town operations,
including data on how the Town has performed on delivering its services. Mr. Malloy should
focus on holistic improvements to our Town's technology to create a more effective and
seamless experience for the residents while increasing the effectiveness of our Town
Government. One member further noted, "Residents consistently remark on their desire for
online delivery of services, including enhanced two-way communication between residents and
the Town staff. Currently, the primary means that residents have of communicating with the
staff is via telephone, often by leaving a voice mail. While outbound communication efforts from
town to residents have improved over the last year, there is still much work to be done to
implement online, two-way communication systems that would enhance the delivery of
services."
• Reorganization of Departments—One Board member noted that Mr. Malloy should seek to
reorganize Town Departments in an effort to streamline operations, reduce duplication, and
better align departments with their critical missions.
• Post-Pandemic Planning—One Board member noted that in looking toward the future, Mr.
Malloy should begin the process of planning for a post-pandemic Lexington.This member
further stated, "now is the time to clearly outline and anticipate the various ways we can
improve our local economy."
• Police Station Project/Racial Equity-One member identified the issues of the Police station
project and related issues of racial equity as an area needing additional attention from Mr.
Malloy.This member states: "the only way to get this important building project back on track is
to create a clear direction forward. Mr. Malloy should work on helping the Town clearly define
the goals of our racial equity efforts. By helping to define what a successful outcome looks like
for Lexington we will be better set up for a future that is solutions-based."
Question 3 What constructive suggestions or assistance can you offer the manager to enhance
performance?
• One-on-one Meetings-All Board members suggested that Mr. Malloy seek to schedule one-on-
one meetings with Board members individually at regular intervals to reduce surprises, build
relationships, proactively spot issues, and discuss strategic initiatives.
• Board Focus-Three Board members suggested that Mr. Malloy should place an added focus on
helping to facilitate difficult issues that are of concern for the Board and to use the Board as a
sounding board for issues.This can be accomplished through advanced preparation for
controversial issues, and working on anticipating what will be controversial for members of the
Board. By presenting the Board with more of a "Pros vs Cons"view on issues, and (as one
member noted) "sweating the details", Mr. Malloy would help the Board in our deliberations.
This would result in fewer items having to be deferred. One Board member stated that Mr.
Malloy"appropriately acts on the will of the Board as expressed in open meetings and does not
act on the whims of individual members. He should, however,feel free to also tap into the local
community knowledge and insight of individual members. He has recently asked for feedback on
certain issues(by group message to the Board asking for individual responses)and should
expand on this practice."
Page 3of5
12-9-2020
Appendix A-Town of Lexington
Town Manager Performance Review
Consolidated Narrative Responses
• Engagement of Boards and Committees—Two Board members suggested that Mr. Malloy
should schedule some additional opportunities to meet with the various Boards and Committees
in an effort to engage them further in our municipal government. establishing a similarly
consultative and collaborative working relationship with other Town boards and committees,
with the goal of maintaining strong professional relationships with all parties while reaching
consensus and alignment on strategic initiatives
• Staff Interactions with Board -One Board member suggested that Mr. Malloy in the past has
allowed Town staff to meet with Select Board members to answer questions about strategic
initiatives, and these types of discussions should be encouraged since they were quite helpful.
• Work-Life Balance-One Board member suggested that Mr. Malloy maintain an appropriate
work-life balance.This Board member further suggested "Be sure to take time for yourself. Find
a way to block "no meeting/no zoom time"in your calendar on a daily, weekly, monthly basis
and stick to it as a means to allow yourself time to catch your breath or to focus on other items
that may not rise to the top but are equally deserving of your attention. Dream big, continue to
think outside the box, and not be afraid to present"big ideas"to the Board."
• Staff Relationships-One Board member suggested that Mr. Malloy, as part of his role,
reevaluate his personal and direct leadership interactions with all members of staff. This Board
member further suggests that Mr. Malloy have regular meetings with one department per
month on a rotating basis as a constructive way to create relationships, allow all staff to feel
valued, and not overly burden Mr. Malloy's time. The Board member further stated "seeking
more substantive input and collaboration from staff would also empower the staff, improve
some job satisfaction, and alleviate some overburdening of the Town Manager". This Board
member also noted that Mr. Malloy's style of delegation and organization is still developing.
• Hiring Practices-One Board member suggested that Mr. Malloy increase the level of
consultation with community stakeholders and subject matter experts when developing job
descriptions, budgets, and qualifications for successful candidates for high visibility positions.
This Board member further states "during these volatile times, it is more important than ever to
hire the most qualified staff possible."
• Measurable Objectives for Staff- One Board member suggested that Mr. Malloy ask all Town
staff to develop,track, and report on their own performance on a monthly basis against
mutually agreed on measurable objectives and key results established with their managers.
Question 4- What other comments do you have for the manager;e.g.,priorities, expectations,goals,
or objectives for the new rating period?
• See Appendix B for Goals and Objectives for the 2020-2021 rating period.
• Communications-One Board member noted that this year has been overwhelming in many
unexpected ways, but there is room for improvement in communications with residents as
well. Better communications will help make town operations more transparent and help the
staff and volunteers feel valued.
• Climate, Diversity, and Systemic Racism -One Board member noted that the Select Board,
Town Meeting, and residents have made it clear that they have a high expectation that the
Town of Lexington will actively and rapidly address climate, diversity, equity, and systemic
racism. Mr. Malloy has the opportunity to create a culture supporting those goals and put the
processes in place to consider climate,diversity, and systemic racism in all decisions and
Page 4 of 5
12-9-2020
Appendix A-Town of Lexington
Town Manager Performance Review
Consolidated Narrative Responses
planning processes. Mr. Malloy could set these expectations by asking that all Town staff
incorporate these goals into their department and individual measurable objectives and key
results.
• Work/Life Balance-One Board member noted that Mr. Malloy should continue to work on
maintaining a healthy work/life balance in a manageable/healthy way so that he can set an
example for the staff. It was further suggested that Mr. Malloy plan on taking his vacation time
even when he not able to travel.
Question 5-Unplanned Actions/Achievements
• Pandemic-One Board member noted that most of 2020 was unplanned. Mr. Malloy did a very
good job adapting to the unexpected events by switching to a virtual municipal government,
managing the health crisis (both the staffing issues within the dept and the actual COVID-19
issues). Mr. Malloy also demonstrated leadership, knowledge, creative thinking, and adaptability
by keeping the Town running, avoiding layoffs and service reductions.This was a significant
achievement.
• LHS Project-One Board member noted that Lexington has recently submitted a statement of
interest to the MSBA regarding the construction of a new Lexington High School.This is likely to
be the largest capital investment the Town has undertaken in 60 years.This member suggested
that this project will affect almost every aspect of how the Town is run and Town staff goals
should reflect that level of importance, perhaps most importantly in financial planning.All
financial planning materials and projections should now incorporate the expected costs and
anticipated impacts on taxes of building a new Lexington High School.
• Three Board members did not provide any response to this item.
Question 6-Learning and Development Plans
• One Board member listed the following areas for Learning and Development:
o Interpersonal communications with staff,the Select Board, committees and residents.
o Work on staff development including opportunities for growth, professional
development, recruiting/training, and retention to include transparent and defined DEI
goals and succession planning.
• Another Board member noted,that this will be a busy year for Mr. Malloy as ICMA President,
but if feasible Mr. Malloy should remember to take part in some professional learning
opportunities.
• Three Board members did not provide any response to this item.
Page 5of5
12-9-2020
Appendix B-Town of Lexington
Town Manager Performance Review
Goals for The New Rating Period
2020#of
2020 Goal Select Board 2020 Total
Proposed Town Manager Goal for 2020-2021 Members Aggregate
Priorities Choosing as Points
Top 10
Diversity,Equity&Inclusion-Develop and implement a comprehensive racial equity plan with public input. Integrate racial
equity tools and concepts into routine operations and policy-making.Incorporate the goals of the Systemic Racism Resolution 1 5 35
(Article 8-STM 2020-2)into each department's measurable objectives and key results.Consider racial and other equity
impacts in all decisions and planning processes.
Fiscal Management-Maintain fiscal discipline in all departments,no operating overrides. 2 4 30
Fiscal Management-Develop a long range capital master plan that encompasses all capital items(infrastructure,buildings,
etc.)with a 10-and 20-year projection for major capital.Request funding and begin a Municipal Facilities Master Plan and 3 3 21
once complete work to integrate it with the work of the School Master Plan. Provide this plan in time for the FY22 budget
planning cycle.
Fiscal Growth-Encourage and solicit new commercial development in the Town. 4 2 19
Sustainability-Propose near term actions consistent with the goal of ending town-wide greenhouse gas emissions as soon 5 2 17
as possible,but no later than 2035.(Article 4-Climate Emergency-STM 2020-2)
Fiscal Management-Continue Fiscal Planning and Fiscal Policy review to prepare for the possibility of a new High School 6 2 16
project coming in the near term.
Policing-Complete a series of Comprehensive Community Conversations on policing in Lexington. 7 3 14
Communication-Increase accessibility to all information using all available media.Create a technology platform for resident 8 2 12
engagement and improve the web experience for residents.
Policing-Conduct a data driven assessment of the performance of the Police Department,and incorporate feedback from 9 2 12
these efforts into the department's operations.
Infrastructure/Communication-Ensure that the Police Station project is brought forward and promoted positively with
ample information being provided to the public and Town Meeting Members to ensure passage at a future Town Meeting and 10 3 11
in the debt exclusion vote.
Communication-Develop a program for working with existing businesses,residents and visitors to navigate the disruption
from construction as the Town ramps up to the Center Streetscape project ensure viable access throughout the 3 10
reconstruction process and conduct ample public engagement.Conduct some visioning sessions on increasing the vibrancy
in the Center.
Communication-Develop Communication paths and planning for Town Manager,Senior Management Team,Select Board 1 10
and Community.
Sustainability-Monitor the implementation of the Sustainable Action Plan;Develop and manage processes to support the 1 10
goals of climate,health,and long-term resilience in all appropriate decisions and planning
Employee Relations-Continue the mentoring and succession planning of staff.Develop programs and a work environment
that will attract and retain highly qualified and diverse candidates.and also work to make working in local government for the 1 9
Town of Lexington highly desirable by providing an innovative workplace that supports its workforce.
Policing-Review policing best practices and recommend areas for improvement. 2 8
Housing-Develop an affordable housing plan for the Town of Lexington,including a proposal for the implementation of the 2 7
community housing surcharge.(Article 6-Development Surcharge-STM 2020-2)
Fiscal Management-Continue the development of more detailed comprehensive debt management guidelines for the 1 6
Town's budgetary process.
Organizational Planning-Review the organizational structure of all municipal departments to ensure delivery of Town 2 6
services in the most efficient way.
Diversity,Equity&Inclusion-Collect,interpret and act on data related to inequities,particularly those related to health, 2 5
housing,education,policing,representation,and economic and environmental justice.c
Infrastructure-Develop a policy and near-term timeline for dealing with the empty buildings we have to include:Muzzey 1 4
Condominium Space,Stone Building,Carriage House at Community Center.
Organizational Planning-Continue to work with the Board to review its meeting structure and determine if there is any
means of improving and streamlining the process(i.e.issues that could be delegated to the Town Manager or handled in a 1 4
more efficient manner)that would result in more efficient meetings.
Transportation/Fiscal Growth-Ensure constructive progress on the Hartwell 25%design process and in the Hartwell 2 4
North rezoning initiative; Ensure ample public engagement for the Hartwell 25%design process.
Enforcement-Review the Town's effectiveness and further implement all policies and bylaws related to enforcement issues,
including a review of the supervision of these policies and bylaws by the police department and the impact on Lexington 1 2
residents.
Communication/Fiscal Growth-Report on the cumulative increased commercial tax revenue generated by new
commercial developments,such as Shire/Takeda,75 Hayden, 186 Bedford Street,Waterstone Bridge,against the Town's 1 2
objectives for new commercial tax revenue.
Transportation—Raise the visibility of efforts to create effective transportation solutions.What is the process for regional 1 1
collaboration and the integration of all modes of transportation to better serve the town?
Page 1 of 2 12-9-2020
Appendix B-Town of Lexington
Town Manager Performance Review
Goals for The New Rating Period
2020#of
2020 Goal Select Board 2020 Total
Proposed Town Manager Goal for 2020-2021 Members Aggregate
Priorities Choosing as Points
Top 10
Communication-Communicate and visit local business owners,community clubs,organizations and schools to ensure the 0 0
town's commitment to all residents.
Communication-Review and work with staff on the developing potential opportunities to obtain better information on citizen 0 0
attitudes toward Town government through online citizen surveys and other tools.
Diversity,Equity&Inclusion-Expand on the DEI hiring initiatives and public outreach.Report and make accessible to the 0 0
public the report(s)on Town staff diversity(expand this survey to include Board/Committee members).c
Employee Relations-Review staffing levels in all departments to ensure the Town of Lexington is optimally sized for the 0 0
needs of residents and businesses.
Fiscal Management-Seek alternative funding whenever possible through grants,endowments or gifts to enhance 0 0
department funding and services.
Infrastructure-Facilitate the finalization of the Hosmer House relocation project working with the Director of Public Facilities, 0 0
HDC,CPA Committee,LexHab(and potentially others).
Member Comments:
-One member noted:This process,by its very nature,dilutes support for the highest priority issues that many Select Board members support.For example,if three Select Board
Members each submit a very similar goal for consideration,then that topic would most likely be one of the Board's top goals.Instead,this process forces Select Board members to
vote for only one of those three goals,dividing and diluting their support for a high priority issue.To an outside observer,this will make it seem like the Select Board does not care
about the some of the issues that the Board is most passionate about.We should consider revising this goal setting process in a coming year to more accurately reflect the highest
priorities of the Board.
-One member noted:This goal could be combined with the organizational planning goal.
-One member noted:This is a tool which would be part of the goal to plan to develop and implement racial equity plan.
-One member noted:This is a project,not a goal.
Page 2 of 2 12-9-2020