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HomeMy WebLinkAbout2021-11-08 SB-min Select Board Meeting November 8, 2021 A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, November 8, 2021 via Zoom remote meeting services. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk. Ms. Hai stated that the meeting was being conducted via Zoom as posted, with the agenda on the Town’s website. Ms. Hai provided directions to members of the public watching or listening via the Zoom application, regarding the procedure for making a public comment. Ms. Hai reminded Board members, staff, and members of the public about Lexington’s Standard of Conduct regarding civil discourse during Town Government meetings. Ms. Hai asked for a moment of silence in remembrance to remember long-term volunteer and citizen, George Burnell. Mr. Burnell passed away last week. He was a Veteran of the Air Force, a Lexington High School graduate, and former Board member. The flag on the Battle Green was lowered today in his honor. The Board held a moment of silence. CONSENT AGENDA 1. Town Manager Committee Reappointments To approve the reappointments of Victoria Buckley, Francine Stieglitz, and Janet Perry to the Commission on Disability for terms set to expire October 2024. DOCUMENTS: Buckley Reappointment Application, Stieglitz Reappointment Application, Stieglitz 2nd Page, Perry Reappointment Application 2. Approve and Sign Eagle Scout Commendation Letters - Jacob Abraham Ro, Aavedon Paulak, and Bradley Winters To approve and sign letters of commendation congratulating Jacob Abraham Roy, Aavedon Paulak, and Bradley Winters for attaining the highest rank of Eagle in Boy Scouting. DOCUMENTS: 2021 Eagle Scout Letter - J. Abraham - Troop 10, 2021 Eagle Scout Letter - A.P. Roy - Troop 10, 2021 Eagle Scout Letter - B. Winters - Troop 10 3. Lexington Farmer’s Market Winery Request – House Bear Brewing To approve and sign a Special License for House Bear Brewing, LLC to sell Mead at the Lexington Farmers' Market at the November 23, 2021 FEASTival Market at the Lexington Farmers' Market grounds at the practice Field on Worthen Road for off-premise consumption. DOCUMENTS: House Bear Brewing Farmers' Market Winery Special Permit Application, Copy of Permit for 2021 Lexington Farmers Market FEASTival to be at Worthen Road Practice Field VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve Consent Agenda items 1, 2 and 3. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Letter of Support to the Joint Committee on State Administration and Regulatory Oversight Regarding Bills H.3117 and S.2059: An Act Designating July 8 as Massachusetts Emancipation Day a.k.a. Quock Walker Day The Board reviewed the draft letter and noted some small edits to the text. Ms. Hai noted that a revised letter will be sent to the Board for review prior to Wednesday. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve and sign the letter substantively as presented subject to any minor edits to be sent to the Joint Committee on State Administration and Regulatory Oversight in support of Bill H.3117 and Bill S.2059: An Act designating July 8 as Massachusetts Emancipation Day a.k.a. Quock Walker Day. DOCUMENTS: DRAFT Letter of Support - Emancipation Day a.k.a. Quock Walker Day 2. Special Town Meeting 2021-1 Article Positions / Discussion The Board discussed positions on the proposed Articles. Ms. Barry noted that she would be a no on Article 5: Appropriate for Police Station Architectural Design and Swing Space Construction. She stated while she supports the construction of a new Police Station, she does not believe that the renovation and construction at 173 Bedford Street should begin prior to the citizens weighing in at Annual Town meeting. She noted she would be more comfortable making a decision on this Article if the two appropriations could be split into separate motions. Christina Marshall, Town Counsel, noted that, as the language of Article 5 currently stands for a total appropriation amount, and the Moderator would need to weigh in if the motion could be split. Ms. Hai noted that all Board members are “waits” for Article 9: Amend General Bylaw- Mount Independence Historic District. Ms. Hai stated that the Noise Committee submitted a revised motion for Article 10: Reducing Noise from Landscape Maintenance Equipment. She also noted that Mr. Kaufman’s amendment looks to change the phase-in date from 2024-2025 to 2027. Mr. Pato stated that he is a yes on the revised Article 10. Ms. Hai also noted that she is a yes on the revised Article 10. Ms. Barry stated that she is a no on the revised Article 10. Mr. Lucente is also a no and believes this should be an IP Article. The Board registered their positions on Article 10’s proposed amendment: Mr. Lucente – wait; Mr. Pato – wait; Ms. Hai – yes; Ms. Barry – wait; Mr. Sandeen – wait. Ms. Barry addressed a letter from a concerned citizen regarding taking action, if Article 10 were to pass. Mr. Malloy explained that, within five days of action on the Article, 3% of registered voters can sign a petition to place a referendum on the Article, seeking to overturn Town action. The Board then has ten days to set a Special Election. At that election, 20% of voters would need to vote in favor of reversing the action of the Town and prevail. The Board addressed Article 12: Amend Zoning Bylaw – Structure in Yards. In response to a question from Mr. Lucente, Mr. Pato explained that his amendment to Article 12 looks to keep the height of fences as they are today, at 6’. The current bylaw combines the height of retaining walls and fences, if location within 6’ of the lot line. His amendment looks to treat these two items independently. Thus, a 6’ retaining wall could be topped with a 6’ fence. There are many topographical elements around Town. He believes his amendment would allow the bylaw to move forward so that certain corner cases can possibly be dealt with separately. He believes the two items should be able to be allowed by right together for safety reasons. Ms. Hai noted that she has concerns regarding visual impact of these structures together. Ms. Barry echoed this concern. Mr. Pato stated that he believes the bylaw can be worded to address visual impact, while still allowing for safety concerns of citizens in the meantime. Ms. Hai noted that, if the amendment fails, the bylaw still allows for safety fences, but that they must not be located at the property line. Mr. Pato noted that, for some smaller lots, the 6’ requirement from the lot line could eat up a lot of the property. Mr. Lucente stated that one remedy for an issue with visual impact is to bring the item to the Zoning Board of Appeals. Mr. Sandeen stated that he believes the amendment improves Article 12. He asked about how safe stopping sight distances are calculated and who enforces this part of the bylaw. Mr. Malloy stated that he believes it is up to the Zoning Administrator to make this determination. Mr. Pato noted that the Planning Board Chair cited AASHTO (American Association of State Highway and Transportation Officials) and its policy defining stopping sight distances and how to evaluate them. Mr. Sandeen asked how a builder or homeowner is to make this type of evaluation. The Board registered their positions on Article 12: Mr. Lucente – no; Mr. Pato – no; Ms. Hai – no; Ms. Barry – no; Mr. Sandeen – no. The Board registered their positions on Article 12’s proposed amendment: Mr. Lucente – yes; Mr. Pato – yes; Ms. Hai – no; Ms. Barry – yes; Mr. Sandeen – yes. The Board discussed Article 13: Amend Zoning Bylaw- Diversity, Equity, Inclusion and Permitting. Mr. Pato stated that he believes the Daggett amendment clears any language issues in Sections 2 & 3 of this Article. If this amendment passes, he will not ask to split the vote on this Article. The Board registered their positions on Article 13’s proposed amendment from Mr. Daggett: Mr. Lucente – wait; Mr. Pato – yes; Ms. Hai – no; Ms. Barry – yes; Mr. Sandeen – yes. The Board registered their positions on Article 13’s proposed amendment from Mr. Canale: Mr. Lucente – no; Mr. Pato – no; Ms. Hai – no; Ms. Barry – no; Mr. Sandeen – no. The Board registered their positions on Article 13’s items 1 & 4: Mr. Lucente – yes; Mr. Pato – yes; Ms. Hai – yes; Ms. Barry – yes; Mr. Sandeen – yes. The Board registered their positions on Article 13’s items 2 & 3: Mr. Lucente – yes; Mr. Pato – no; Ms. Hai – yes; Ms. Barry – no; Mr. Sandeen – no. The Board are all in favor of Article 14: Amend Zoning Bylaw- Solar Energy Systems. The Board reviewed Article 15: Amend Zoning Bylaw- Open Space Residential Developments. Ms. Hai stated that the Special Permit Residential Development Ad Hoc Bylaw Committee unanimously voted to support Article 15, as did the Housing Partnership Board. Hs. Hai stated that she is in favor of Article 15 because it safeguards that the amount of GFA cannot exceed what is allowable by right and this is under site plan review, that 50% of developable land has to be retained as open space, that the average square footage of the building limitation is in addition to what would be done under a conventional, and that there is an inclusionary element 25% below market rate. Mr. Lucente stated that he is in favor of Article 15, as it adds a tool to the Town’s toolbox. Mr. Pato noted that he believes Mr. Creech’s first amendment would change the vote of the overall Article 15 from 2/3 to a majority vote. Ms. Axtell noted that each of Mr. Creech’s three amendments to Article 15 will be voted on separately. The Board registered their positions on Article 15: Mr. Lucente – yes; Mr. Pato – no; Ms. Hai – yes; Ms. Barry – no; Mr. Sandeen – no. The Board registered their positions on Article 15’s proposed amendment from Mr. Canale: Mr. Lucente – no; Mr. Pato – no; Ms. Hai – no; Ms. Barry – no; Mr. Sandeen – no. The Board registered their positions on Article 15’s proposed amendment from Mr. Creech: Mr. Lucente – yes; Mr. Pato – yes; Ms. Hai – yes; Ms. Barry – wait; Mr. Sandeen – yes on 1&3, wait on 2. The Board discussed Article 16: Amend Zoning Bylaw – Residential Parking. Ms. Hai noted that the Housing Partnership Board voted in favor of Article 16 by a vote of 8-0-1. The Board is unanimously in favor of Article 16. The Board discussed Article 17: Amend Zoning Bylaw – Sustainable Design for Hartwell Avenue (Citizen Petition). It was noted that the Economic Development Advisory Committee was never able to record a vote on this Article but did offer supportive comments on it. Boston Properties is also in favor of this Article. Mr. Lucente noted that he is still a wait on this Article; the rest of the Board is in favor. Ms. Hai noted that she is now a wait on Article 12. Regarding Article 12, Mr. Malloy explained that other communities have setbacks for fences to be located from intersections in their bylaws. He is unclear if the Zoning Enforcement Officer could enforce this item, or if the Town Engineer would first need to do the calculations on it. Mr. Sandeen stated that his concern is that the average homeowner/builder will not have the expertise to decide this, and that there is not enough information to guide them. Ms. Hai questioned if the safety issues at play in this Article might be better addressed through a special permit request. Dawn McKenna, Precinct 6 Town Meeting Member, stated that she believes Article 5 should be split into two votes, and has developed an amendment to request this at Town Meeting. She fully supports the Police Station but does not believe money should be spent to start construction at 173 Bedford Street without first having a vote by the citizens at Annual Town Meeting. Ms. Hai noted that the next Board meeting will be tomorrow evening at 6pm. DOCUMENTS: 2021-1 STM Positions Chart, Proposed Schedule for STM 2021-1 From Town Moderator - as of November 3, 2021, Art 12 Amendment Joe Pato, Art 10 Landscape Maintenance REVISED 11.4.2021, Art 10 Amendment Kaufman, Art 15 Amendment Canale, Art 13 Amendment Canale ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 7:08 p.m. A true record; Attest: Kristan Patenaude Recording Secretary