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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