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HomeMy WebLinkAbout2021-11-18 SB-min Select Board Meeting November 18, 2021 A remote participation meeting of the Lexington Select Board was called to order at 6:02 p.m. on Thursday, November 18, 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. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Concerns and Liaison Reports Ms. Hai noted that the Special Permit Residential Development Zoning Bylaw Amendment Committee (SPRD) will be writing a report and bringing it to the Board in the future. The SPRD will also be meeting in a joint session with the Planning Board on December 1, 2021. Ms. Hai also noted that the legislation which permits remote town meetings is set to expire in December of this year. Mr. Sandeen stated that he attended the 1040 Waltham Street topping off ceremony. The developers thanked the Town of Lexington for the help it provided. He also noted that the Economic Development Advisory Committee (EDAC) met to review 475 Bedford Street and 99 Hayden Street. Unfortunately, there was not a quorum present and so no recommendations were made. He requested that the Board try to fill Mr. George Burnell’s seat on the EDAC, although he is irreplaceable on the Committee. Mr. Pato stated that the Communications Advisory Committee is meeting with Verizon but does not yet have a contract. Mr. Pato noted that he will be compiling some information about how the Board reached its current tax setting seven years ago. Ms. Barry extended an invitation to everyone for the dedication of the Lisa George-Cox Memorial Bench, and Monday, November 22, 2021, at 6:45pm at the Center Track. She also extended an invitation to the ribbon cutting event for the Cary Library Storywalk at Lincoln Park on December 4, 2021, at 9am. Finally, she explained that she is working to see that all board and committee chairs inform their members that use of shared platforms, such as Google Docs or Slack, is not allowed, per Town Counsel. Mr. Lucente explained that a recent letter from the Lexington Housing Assistant Board (LexHAB), contained a request for $115,000 to develop construction drawings for six units of housing at 116 Vine Street. He would like to see this on a future agenda. He also noted that a walkthrough being held by LexSeeHer has been rescheduled to Sunday, at a time TBD. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve Small Cell Wireless Installation Policy The Board reviewed multiple version of this draft policy. Some of the substantive changes include:  Moving from 28 cubic feet to 17 cubic feet  To authorize the Board to allow a designee to do approvals  Change in fees, and that application fees shall be reviewed from time-to-time, after an initial review after the first year  If an application is not complete and is sent back, the shot clock restarts  The applicant includes the owner and operator of the small cell wireless facility, and any representative, agent, contract, subcontractor, or installer  Change to cannot be installed within 500’ of an applicant's double pole, hazardous pole, or condemned pole  Tree topping or the improper pruning of trees is prohibited. Any proposed pruning must be noted in the application and must be approved by the tree warden  No small cell wireless facility installation shall impede, obstruct, violate, conflict with, hinder or make unsafe any mode of travel  No small cell wireless facility shall be installed with a fossil fuel backup generator Mr. Malloy noted that a graphic designer may need to be hired, if diagrams are to be included in the policy showing the Town’s pole types. Mr. Steven Kaufman questioned the decision to ban fossil fuel backup generators, until such time as there can be a battery backup that could last longer than that, because he believes this is creating a risk to the Town's infrastructure in the event of a crisis. Mr. Pato stated that he believes this is a longer-term conversation. Mr. Sandeen noted that Town Counsel explained that this section is a guideline only, not an absolute ban. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 by roll call to approve the Small Cell Wireless Facility Installation Policy, dated 11-17-21 as presented, subject to non-substantive edits. DOCUMENTS: Clean SWF Policy 11-17-21, Redline SWF Policy 11-17-21, Small Cell Wireless Installation Policy 10-28-21 2. Special Town Meeting 2021-1 Article Positions / Discussion The Board discussed its position on Article 10: Reducing Noise From Landscape Maintenance Equipment. Ms. Hai read a draft statement regarding the proposed changes to this Article: on November 17 a simple amendment to Article 10 was proposed by the Noise Advisory Committee, in order to clarify the application of the proposed bylaw to the Department of Public Works. The Noise Advisory Committee and Select Board in consultation, agreed that, due to the late date clarification, it was best to remove that portion of the motion and proceed only with the portion which would be taking effect this spring. The Noise Advisory Committee intends to continue to work on the remaining elements and bring a new motion covering those elements to the Annual Town Meeting. Ms. Barry stated that she wants it to be clear that it was the Noise Advisory Committee came to the Select Board and asked for this last-minute change. Mr. Pato noted that he does not believe a specific date of Annual Town Meeting should be mentioned in the statement, as it is yet unclear if that is when the Warrant Article will be ready for. Mr. Sandeen asked - Why we are considering this noise issue at all? Because our residents have been complaining for many years about the excessive noise from leaf blowers. The facts are that all gas- powered leaf blowers violate Lexington’s Noise Bylaw. The purpose of the current bylaw is to protect the citizens of Lexington from excessive and unwarranted noise. However, as written, the current noise bylaw is not enforceable. He suggested that the Board look into how to protect its residents in an enforceable way. The Noise Advisory Committee has been trying to address that problem in two ways. One by limiting the times and seasons during which gas-powered leaf blowers can operate. The other is whether it is reasonable to implement a phase out that would apply to gas powered leaf blowers. Dawn McKenna, Precinct 6 Meeting Member, urged the Board to indefinitely postpone the entire Article 10 at this time. Avram Baskin, Precinct 2 Meeting Member and 43 Carville Avenue, explained that he recently spoke to a landscaper who told him that it would be much cheaper to equip employees with noise dampening headphones, masks, and protective goggles than it would to require them to purchase all new battery- operated equipment. This could be an inexpensive alternative option moving forward. DOCUMENTS: STM 2021-1 Position Chart, Art10SBposition ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 6:58 p.m. A true record; Attest: Kristan Patenaude Recording Secretary