HomeMy WebLinkAbout2021-11-17 SB-min
Select Board Meeting
November 17, 2021
A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on
Wednesday, November 17, 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.
There was no public comment at this time.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Special Town Meeting 2021-1 Article Positions / Discussion
The Board reviewed their positions on Article 5: Appropriate for Police Station Architectural Design and
Swing Space Construction. Ms. Barry clarified that she is a wait on Item B for Article 5, and a wait on the
amendment.
In regard to the 9-1-1 system, Mr. Malloy explained that there is a six-month lead time is for the State to
plan to move the system, but at any point during that six-month time, the move can be cancelled. Once the
debt exclusion date is decided on, the Town will work backward six months from that, and that’s when
the State will receive notice of the proposed 9-1-1 system move.
The Board reviewed their positions on Article 9: Amend General Bylaw- Mount Independence Historic
District. All Board members are currently waits on this Article.
Mr. Sandeen explained his hesitation to vote either yes or no on this article. He believes the neighbors
should be able to form a Historic District and he celebrates the property owners who have volunteered to
enroll their own properties in the proposed district. However, he is concerned about a process where
neighbors are allowed to impose a historic district on other owners who do not wish to participate. This
would be an undue burden on a property owner who does not wish to join.
He mentioned that the property owner has submitted a proposal to the Planning Board that would preserve
the house. If the Planning Board approves that proposal, the terms of the permit would prohibit the
property owner from demolishing the house. He felt if that is the case, then one of the primary reasons for
forming the district could be accomplished without the need for forming the district.
Ms. Hai noted that there have been collaborative conversations around affordable housing with various
other boards. However, the Select Board does not own the creation of a housing policy, or zoning or
building regulations. She noted that she has a concern about placing about undeveloped land into a
Historic District.
Ms. Axtell stated that she will draft a substitute motion for Article 3: Establish, Dissolve and Appropriate
To and From Specified Stabilization Funds, in case any part of Article 5 does not pass. The substitute
motion will take that amount of money and add it to the amount proposed to be placed in the Capital
Stabilization Fund.
The Board reviewed Article 10: Reducing Noise From Landscape Maintenance Equipment. Dan Koretz,
Chair of the Noise Advisory Committee, explained that the Committee is proposing to eliminate
paragraphs 5 and 6 of the Article, which deal with the phasing aspect. The hourly and seasonal limits
portions of the Article would remain.
Mr. Sandeen stated that he would support a decision by the Board to submit a new main motion on this
article that would eliminate the items 5 & 6.
Ms. Hai explained that the moderator would support such a change because the Board is the proponent of
the motion.
Mr. Lucente stated concerns regarding Article 10 and how the DPW fits within it. He also explained that
he does not believe this needs to be addressed under the noise bylaw.
Director of Public Works, David Pinsonneault, stated that the DPW is okay with the dates being outlined
in this Article. Mr. Kortez explained that Town or town contractors are listed under item 4b.
Mr. Koretz explained that the Galaitsis amendment and the Kaufman amendment would both be moot,
with the removal of sections 5 & 6 as proposed.
Ms. Barry asked what hours the DPW can work, outside of the seasonal limits. She stated that
she could support this with the deletion of Sections 2.4 and 2.6, but that there has been a lot of
confusion about this Article. She also has concerns regarding the violations and fines section
listed in the Article.
Ms. Hai explained that a new main motion would like incorporate language which eliminates
Sections 5 & 6 and inserts into Section 2.2 the outdoor use of landscape maintenance equipment by the
Town, or Town contractors on Town properties, and persons other than commercial landscapers.
Mr. Koretz noted that the language about penalties in the Article came from Town Counsel. Ms. Hai
explained that Town Counsel has stated that the penalties would be able to be levied against the property
owner, if necessary.
Mr. Lucente stated that he would like to see a final draft of this amendment before registering a position
on it. He also noted that the video for this Article should probably not be played during Town Meeting, as
much has been changed in this Article.
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to support amending the
main motion for Article 10 with a motion that removes Sections 5 & 6, corrects the date from May 22 to
May 31, and clarifies that the DPW is to be the same hours as non-commercial landscapers but the same
days as commercial landscapers.
Mr. Malloy noted that the Board is scheduled to discuss the Small Cell Wireless Facility policy tomorrow
evening. He will send everyone the updated draft version and the redlined version for review.
DOCUMENTS: STM 2021-1 Position Chart
ADOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at
7:07 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary