HomeMy WebLinkAbout2021-12-06 SB-min
Select Board Meeting
December 6, 2021
A remote participation meeting of the Lexington Select Board was called to order at 7:02 p.m. on
Monday, December 6, 2021 via Zoom remote meeting services. Mr. Lucente; Vice Chair, Mr. Pato, Mr.
Sandeen, and Ms. Barry were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town
Manager; and Ms. Katzenback, Executive Clerk.
Mr. Lucente stated that the meeting was being conducted via Zoom as posted, with the agenda on the
Town’s website. Mr. Lucente provided directions to members of the public watching or listening via the
Zoom application, regarding the procedure for making a public comment. Mr. Lucente reminded Board
members, staff, and members of the public about Lexington’s Standard of Conduct regarding civil
discourse during Town Government meetings.
PUBLIC COMMENTS
No public comments were made for items not currently on the agenda.
SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS
1. Select Board Member Concerns & Liaison Reports
Mr. Pato noted that he has sent the questionnaire, mentioned in his report, to all Board members.
DOCUMENTS: Select Board Concerns and Liaison Reports - December 6, 2021
TOWN MANAGER REPORT
In response to a question from Ms. Barry, Mr. Malloy explained that MNL Transportation, who operates
Lexpress, had their Woburn lot broken into and vandalized over the weekend. All of the catalytic
converters were stolen out of the Lexpress buses. Mr. Pato noted that all buses were running as of this
afternoon and should be back on regular schedule tomorrow.
In response to a question from Mr. Sandeen, Mr. Malloy explained that the Board could hear an update
from the Health Director regarding COVID-19 within the next couple of weeks.
CONSENT AGENDA
In response to a question from Mr. Sandeen, Mr. Malloy explained that there is a mask mandate in Town
and businesses that do not comply with this mandate are often complained about, at which time the Health
Department visits the site. Mr. Malloy noted that he has not received any complaints in about 4-5 weeks.
1. Approve Select Board Meeting Minutes
To approve and release the Select Board meeting minutes of: September 27, 2021 October 12, 2021
October 25, 2021 November 1, 2021 November 5, 2021 November 8, 2021 November 9, 2021 November
15, 2021 November 16, 2021.
DOCUMENTS: DRAFT Select Board meeting minutes 09.27.21, DRAFT Select Board meeting minutes 10.12.21, DRAFT
Select Board meeting minutes 11.01.21, DRAFT Select Board meeting minutes 11.05.21, DRAFT Select Board meeting minutes
11.08.21, DRAFT Select Board meeting minutes 11.09.21, DRAFT Select Board meeting minutes 11.15.21
2. Annual License Renewals
To approve and sign the 2022 license renewals as follows:
Automatic Amusement Device License Common Victualler License (cont’d)
Lexington Lodge #2204 B.P.O.E. Taipei Gourmet
Via Lago Inc.
Class I License Wicked Bagel
Lexington Toyota
Entertainment License
Class II License Bertucci’s
A to Z Auto Wholesale Clay Oven Indian Restaurant
Lexington Auto Center, Inc. Crust & Curry
Lexington Auto Service, Inc. il Casale
Mabuchi Motorcars Inn at Hastings Park
Minutemen Auto Haus Love at First Bite Thai Kitchen
The Upper Crust
Class III License Via Lago Inc.
John P. Carroll Company, Inc.
Lodging/Innholder License
Common Carrier License Inn at Hastings Park
M&L Transit Systems Inc. - 160
M&L Transit Systems Inc. - 161 All Alcoholic Beverages Liquor License
M&L Transit Systems Inc. - 162 Bertucci’s
M&L Transit Systems Inc. – 163 Clay Oven
Il Casale
Common Victualler License Ixtapa Cantina
Alexander’s Pizza Lemon Grass
Bertucci’s Revolution Hall
Bruegger’s Bagels #3711 Royal India
Clay Oven Indian Restaurant Via Lago
Daikanyama Japanese Cuisine
Dunkin Donuts - 10 Woburn Street All Alcoholic/Innholder Liquor License
Dunkin Donuts - 141 Massachusetts Avenue Inn at Hastings Park
Dunkin Donuts - 277 Bedford Street Aloft Hotel
Dunkin Donuts - 323 Marrett Road
Fruitee Yogurt Wine and Malt Liquor License
il Casale Daikanyama
Inn at Hastings Park Marios
Ixtapa Cantina Taipei Gourmet
La Dolda, LLC
Lexington House of Pizza Retail Package Goods Store Liquor License
Lexington Lodge #2204 B.P.O.E. Busa
Love at First Bite Thai Kitchen Vinebrook Bottle
Mario’s Italian Restaurant Berman’s
McDonald’s LLAWM-Lexington LLC
Nick’s Restaurant of Lexington, Inc.
Peet’s Coffee & Tea All Alcoholic Club Liquor License
Qdoba Mexican Eats Lex. Golf Club
Rancatore’s Ice Cream & Yogurt
Royal India Bistro
DOCUMENTS: 2022 Annual License Renewals Ready for Approval - Non-Liquor,
2022LiquorLicenseRenewals ReadyforApprovalon12-6-21SBAgenda
3. Battle Green Use Request – Lexington Minute Men Musket Drill
To approve the request of Lexington Minute Men, Inc. to use the Battle Green on Sunday, December 12,
2021 to perform a musket drill at 1:00pm, as well as several musket fire volley demonstrations for
approximately one hour between 1:00pm to 3:00pm as outlined in the attached request letter dated
November 9, 2021.
DOCUMENTS: UPDATED Battle Green Request for Lexington Minute Men 2021 Musket Drill as Part
of Lexington Tea Burning Event, Town Manager Approval Letter for Use of Visitors Center Lawn for
Lexington Tea Burning Reenactment Event
4. Approve Tax Bill Insert – Property Tax Deferral Program
To authorize the tax bill insert regarding the tax deferral program to be included in the 3rd quarter
property tax bill mailing.
DOCUMENTS: FY2022 Tax Deferral Buck Slip
5. Select Board Committee Appointment & Resignations
To accept the resignations of Chunyue (April) Wang from the Noise Advisory Committee and Jason
Connell from the Tourism Committee effective immediately.
To appoint Erin Sandler-Rathe to the Tourism Committee to fill an unexpired term set to expire on
September 30, 2022.
DOCUMENTS: Resignation Letter - C.A. Wang, Resignation Letter - J. Connell, 2021 Tourism
Committee Application - E. Sandler-Rathe
6. Select Board Committee Appointment Term Corrections
To accept the correction of terms and term expiration dates for Design Advisory Committee Members
David Hoose and Vivek Gupta from a three-year term with an expiration date of September 30, 2023 to a
one-year term with an expiration date of September 30, 2021 for both members allowing for two
vacancies on the committee.
7. Battle Green Use/Walk Request – Martin Luther King, Jr. Day
To approve the request of the Town Celebrations Committee/MLK Day Commemoration Subgroup for
the 2022 Lexington MLK Day Commemoration on Monday, January 17, 2022, which will include use of
the Battle Green and a walk along Massachusetts Avenue to the Cary Memorial Building.
DOCUMENTS: MLK Unity Walk request letter
8. Water and Sewer Commitments
To approve the following Water & Sewer Commitments:
Water & Sewer Cycle 9 Billing September 2021 $389,170.45
Water & Sewer Finals October 2021 $77,002.12
Water & Sewer Finals August 2021 $26,757.22
Water & Sewer Finals September 2021 $23,783.04
DOCUMENTS: Water & Sewer Commitments Dec 6, 2021
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Acceptance of Land Donation – 359 Lincoln Street
Mr. Malloy explained that this is this is a request from the Conservation Commission. The Conservation
Commission has been looking at this property for some time. It's a property that has gone through several
permitting processes for over the past 30 years and has been denied every time because there's a brook
that bisects the property. The buffer zones and other wetlands resources in the area make it effectively un-
buildable. He explained that the landowners, the Domings, are now offering to donate the property to the
Town.
In response to a question from Mr. Pato, Mr. Malloy explained that there is not a similar process for
potential affordable housing properties. This is something that could be pursued in the future. Mr. Lucente
noted that LexHab has recently started a Legacy Campaign, to promote people donating their property to
LexHab as a as an option for affordable housing and/or financial donations.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 by roll call to approve that
the Board vote as follows with respect to the land shown as Lot 1-B on a plan of land entitled “Plan of
Land in Lexington-Mass,” dated February 10, 1956, prepared by Albert A. Miller and Wilbur C.
Nylander, Civil Engineers and Surveyors, recorded with the Middlesex South District Registry of Deeds
(the “Registry”) at the End of Book 8701, and described in that certain Quitclaim Deed dated April 19,
2018 and recorded with the Registry in Book 70894, Page 255 (the “Property”):
(a) To approve that certain Real Property Donation Agreement by and between 359 Lincoln
Street, LLC, and the Town of Lexington, acting by and through its Conservation Commission, in
the form presented to the Board at its December 6, 2021 meeting;
(b) To approve the acceptance of the Property by the Town of Lexington Conservation
Commission; and
(c) To authorize James J. Malloy, the Town Manager of the Town of Lexington, to take all
actions on behalf of the Town that are reasonably necessary, in the judgment of the Town
Manager, to complete the donation of the Property in accordance with the Real Property Donation
Agreement.
DOCUMENTS: MemofromConservation-359Lincoln, Select Board Vote, 359 Plot Plan 1956, Donation
Agreement
2. Presentation - Hobbs Brook Real Estate LLC Preliminary Site Development and Use Plan
(PSDUP) - 95/99 Hayden Avenue
The Board heard a presentation from Peter Tamm, Goulston & Storrs; Joshua Hill, Hobbs Brook Real
Estate LLC; and Bradley Cardoso, Hobbs Brook Real Estate LLC.
Mr. Tamm explained that the site in question is 36 acres of property comprised of two lots at the junction
of Spring Street and Hayden Avenue. Hobbs Brook has controlled and owned these properties for a
number of years. The site is currently in a CD14 District. The plan will involve the razing of certain
existing buildings that are functionally obsolete for modern life science tenants, and replacing them with
state-of-the-art, modern lab office buildings. In order to execute on that plan, the property will need to be
rezoned as a PD district. The group has met with Department Heads, the Planning Board, and direct
residential neighbors. The group looks forward to working with the Board on an MOU and the PSDUP.
Mr. Cardoso reviewed the history of the Hayden Avenue site. He explained that there is extensive ledge
on the site, with a 100’ grade difference between the Spring Street side and Hayden Avenue. The design
goals include replacing existing buildings with sustainable life science facilities. The intent is to limit
project impacts by concentrating development to the southwest portion of the site. Another goal is to
avoid the wetlands on site and enhance recreational opportunities. There is a trail that comes onto the site
and there is interest in increasing access to the trail for the tenants and the greater community.
Mr. Cardoso explained that the plan is to develop a phased approach that builds smaller structures that are
right-sized, keep with neighboring life science developments and allow for bringing in space as the
market demands. Building One is located on land that's currently used for site access and parking.
Building Two is located over existing buildings A and B which, due to their small footprint and low floor-
to-floor heights, do not serve modern life science tenant needs. The final phase three is a repositioning of
the existing buildings C and D, with a connecting lobby, to connect buildings 1, 2, and 3 in one cohesive
campus. The intention is to build structured parking under the buildings to maintain more open area in its
natural state.
Mr. Cardoso explained that the full buildout plan looks to add approximately 500 parking spaces, and
approximately 270,000 s.f. of additional space. Buildings A and B are to be demolished to make room for
Building 2. Buildings C and D have wider footprints and higher floor-to-floor heights and can be
repositioned in a new envelope, with new energy-efficient systems that would serve the purpose of the
modern life science tenant. Hobbs Brook plans to introduce full amenities, such as food services, gyms,
conference space, etc. Building 1 is proposed to be a 140,000 s.f., four-story building. Building 2 is
proposed to be a 160,000 s.f., four-story building with parking below. In terms of stormwater
management, the intention is to install concrete cisterns that can store the stormwater and slowly release
it. There are also a number of sustainability strategies proposed for the site.
Mr. Cardoso explained that the project looks to support Lexington economic development goals by
developing this vibrant life science building cluster. This project will also lead to approximately $3.1M in
net revenues for the Town.
In response to a question from Mr. Lucente, Mr. Cardoso explained that there are approximately 110,000
additional net new s.f. proposed in this project, from the previously approved building project of 2009
(total of approximately 160,000 s.f.). The previously approved project was to be for office space. This
proposal would likely see less cars than in an office space.
In response to a question from Ms. Barry, it was noted that Buildings A, B, and the Richards House are
proposed to be demolished. Ms. Barry suggested that the demolition and trucking for this be discussed in
the MOU.
In response to a question from Ms. Barry, Mr. Cardoso explained that a conservative phased approach
would see work begin in late 2022/early 2023, with construction continuing through 2028. A conservation
approach would also lead to a more restrained approach for blasting. Ms. Barry noted that she would also
like to see information about blasting in the MOU.
In response to a question from Mr. Pato, it was explained that the new proposed PD would eliminate any
terms leftover from the 2009 PD.
Dawn McKenna, Precinct 6 Town Meeting member, asked that the Town look into the proposed
demolition of the Richards House, as this is a historical building in Town.
DOCUMENTS: Hobbs Brook Presentation
3. Presentation - Harrington Road/Bedford Street Intersection Design
John Livsey, Town of Lexington Engineer; and Kien Ho, Scott Ridder, and Tyler de Ruiter, Beta Group
presented to the Board.
Mr. Livsey explained that project goals are to improve pedestrian and bicycle safety, to improve vehicular
safety, and improve connectivity and accessibility. The design allows for significantly shorter crosswalks
from what exists currently. There is a traffic island proposed on Bedford Street. It would likely be
proposed to be an at-grade island to help with pedestrian crossing. This crosswalk is proposed to be
shortened by approximately 10’, allowing for shorter crossing times. The area will also be made handicap
accessible.
Mr. de Ruiter explained that the proposed roundabout configuration at the intersection of Harrington &
Hancock at Bedford St. is being worked on with Kittleson & Associates. The roundabout is planned to be
an egg-shape, which will force vehicles to slow down and yield to circulating traffic of the intersection.
This will also help to slow down traffic on Bedford Street. Mr. Livsey emphasized that the proposed
roundabout will have no encroachment on the Battle Green.
In response to a question from Ms. Barry, it was noted that this is proposed to be a one-lane roundabout.
This project is not yet funded. It is hoped that construction funding for this project could begin this
spring, with actual construction not beginning until there is a design approved by the Board.
In response to a question from Mr. Sandeen, Mr. de Ruiter explained that cyclists can traverse this type of
roundabout by claiming the roadway as a vehicle, or by using the sidewalk similar to a pedestrian would.
Mr. Sandeen expressed concern that cyclists may not feel safe taking the lane on one of the busiest roads
in Lexington and requested that staff prioritize providing cyclists with a separated travel lane.
Mr. Sandeen asked how the roundabout would address line of sight issues for vehicles traveling on
Harrington Road and asked if it would improve traffic backing up on Harrington Road.
Mr. de Ruiter noted that the roundabout will provide better operations for Harrington Road at Hancock
Street due to the traffic at Bedford Street needing to yield and believes the proposed design will provide
better line of sight
Mr. Lucente stated that he would like to see updated crash data for this intersection. He would also like to
hear more about the public engagement for this project.
Ms. McKenna, 9 Hancock Street and Chairman of the Tourism Committee expressed concerns regarding
signage and road paintings, and how this will affect the Patriot’s Day parade. She believes this needs to be
more thoroughly discussed with neighbors of the area.
DOCUMENTS: Battle Green Streetscape Improvements
4. Update on Cedar Street Sidewalk
Ross Morrow, Assistant Town Engineer, addressed the Board on this project. He explained that design
funding for the project will be pursued at the next Town Meeting. The sidewalk is currently proposed on
the northeast side of the street. Some areas of the roadway width have been reduced, while other areas are
being widened to accommodate the sidewalk. The area between Hill Street and Mass Ave will see some
tree impacts; there may be approximately 10-11 trees removed in this area. It is believed that the sidewalk
will add safety features for pedestrians and that impacts can be minimized through this plan.
Mr. Sandeen mentioned that he had observed more students biking home at the end of the school day than
walking home and asked how this plan would address the safety of bike riders. Mr. Morrow explained
that the sidewalk could be utilized by younger bikers. More advanced cyclists would use the roadway.
Mr. Sandeen expressed concern about vertical granite curbs potentially causing injuries for cyclists on
such a narrow road. Mr. Morrow said concerns about pedal strikes on granite curbs could be addressed by
using a different type of sloped curbing, to help cyclists in the area.
Mr. Sandeen noted that he is unsure if it is appropriate to extend this sidewalk down to the Pine Hills Golf
Course, as this would require the removal of a large number of trees, and it is unclear how often it would
be used.
Mr. Pato stated that he would like for mitigation steps to be reviewed for replanting trees, if a number are
removed.
Ms. Neely, 19 Bellflower Street, encouraged the Board to show support for the design funding for this
project. She explained that this sidewalk would add connectivity to many areas nearby. This would be an
improvement in safety for children walking in the area.
Walter & Sharon Gillett, 103 Cedar Street, explained that they are in favor of the project as a key public
safety improvement for children, adults, and those with disabilities. The concerns about tree removal
could be mitigated by increasing the Town budget to encourage planting on empty lawns.
Ms. McKenna, 9 Hancock Street, noted that this area is walking distance to Hastings School. There are
many new developments in this area. This would be good for connectivity to local trails.
Jeff Boulter, 67 Cedar Street, stated that he is excited about the project. He believes this will increase
safety for families and children in the area. It may also help with some of the traffic at the intersection.
Katharine Herrick, 121 Cedar Street, stated that she is happy to hear that the project is being proposed on
her side of the street. She believes the project will increase safety for children walking to school or to
access the bike path. This will be an improvement to the neighborhood.
Mr. Malloy stated that the design funding for this project is proposed to be introduced at the 2022 Annual
Town Meeting.
DOCUMENTS: Cedar Street Sidewalk Recommendation Memo, Cedar Street Sidewalk Plan
Mr. Lucente amended the order of the agenda to take Item # 7 - Verizon Cable Television Renewal
License at this time.
7. Verizon Cable Television Renewal License
Ken Pogran, Chair of the Communications Advisory Committee (CAC) , addressed the Board. He
explained that a continued holdup to the Verizon Cable Television License renewal is due to Verizon
having an issue of providing free cable drops and cable service to public buildings. Mr. Pogran explained
that the provision of free cable drop is something that is in all of the Town’s existing cable television
licenses. He stated that Massachusetts Cable Law Chapter 166A requires cable television licensees to
provide free drops to municipal to public buildings, in municipalities. Verizon is now claiming that the
FCC order, which monetizes in-kind contributions that cable providers make to municipalities, trumps the
State law and that Verizon is no longer required to provide free drops and outlets, to public buildings. The
CAC and Town’s Cable Attorney do not believe that is correct. Mr. Pogran stated the informally extended
negotiation period ends December 14, 2021 and the CAC is requesting that this period be extended at this
time for an additional 45 days.
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to authorize an additional
45-day extension period for negotiations with Verizon on the franchise renewal.
DOCUMENTS: Status of Verizon FiOS Cable Television Renewal License Negotiation Email
Mr. Lucente returned to the order of the agenda to now take up item # 5 – Establish 2022 Annual Town
Meeting and Annual Town Election Dates
5. Establish 2022 Annual Town Meeting and Annual Town Election Dates
Ms. Axtell reviewed proposed the following dates:
Wednesday, December 29, 2021: due date for Citizens Petition and draft motions for the
2022 Annual Town Meeting Warrant
Monday, March 7, 2022: Annual Town Election
Monday, March 28, 2022: Opening Session of the 2022 Annual Town Meeting.
The draft warrant will be available for Select Board review for the meeting on January 10,
2022.
The final warrant will need to be voted and signed by the Select Board on January 24, 2022.
In response to a question from Ms. Barry, Ms. Axtell explained that one citizen’s petition article is to
prohibit pet shops in Lexington, and another citizen’s petition article is for zero waste.
Mr. Lucente noted that LexHab is planning to push forward the Vine Street project, hopefully through
CPA funding. Ms. Axtell noted that Sustainable Lexington may also be considering a building energy use
disclosure ordinance.
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to open the 2022 Annual
Town Meeting Warrant for submission of Citizen Petitions through Wednesday, December 29, 2021 at
4:00 p.m. Further, to establish Monday, March 7, 2022 as the date for the 2022 Annual Town Election.
Also, to establish Monday, March 28, 2022 as the date for the opening session of the 2022 Annual Town
Meeting.
6. Review and Approve Affordable Housing Trust Study Committee Appointments
Mr. Lucente explained that Mr. Sandeen has volunteered to be the non-voting, liaison member of the
Affordable Housing Trust Study Committee.
Mr. Pato explained that the Board was looking for a number of skillsets for this Committee that are not
represented in these proposed appointments, such as racial equity, accessibility, and sustainability and
resilience. He suggested reopening this item and/or reconsidering previously submitted applicants or
reconsidering the slate.
Ms. Barry stated that she believes there is process and value to the ranking process at hand. She does not
want to see this paused at this time.
Mr. Sandeen stated that he would also have concerns if in fact there are not adequate voices for
disabilities, systemic racism, and sustainability on this Committee. He noted that, as the proposed liaison
to the Committee, he would be willing to act as an advocate to the Committee on the importance of these
items.
Upon a motion duly made and seconded, by roll call, the Select Board voted 3-0-1 to appoint Jeri Foutter,
Carol Marine, Tara Mizrahi, Linda Prosnitz, Gretchen Reisig, Kathryn Roy, and Betsey Weiss to the
Affordable Housing Trust Study Committee for a term set to expire in three years or until the completion
and filing of the report to the Select Board, and to further designate all seven members of the Affordable
Housing Trust Study Committee as Special Municipal Employees.
DOCUMENTS: 2021 Affordable Housing Trust Study Committee Applications for J. Foutter, C. Marine,
T. Mizrahi, L. Prosnitz, G. Reisig, K. Roy, B. Weiss
ADOURN
Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at
9:51 p.m.
A true record; Attest:
Kristan Patenaude
Recording Secretary