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HomeMy WebLinkAbout2022-02-15 SB-min Select Board Meeting February 15, 2022 A remote participation meeting of the Lexington Select Board was called to order at 5:00 p.m. on Tuesday, February 15, 2022 via Zoom remote meeting services. Ms. Hai, Chair; 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. Ms. Hai reiterated the Board's concern for the community over the impact of the events that occurred on Saturday afternoon on Hancock Street. It has deeply affected all of us. On behalf of the Select Board, she extended condolences to the family of the deceased. The Select Board remains concerned for the well- being of everyone, and the safety of the members of our community. The Board is looking to provide whatever support necessary to the first responders, and to continue to ensure that the highest level of public safety and public services be provided to the entire community. Mr. Malloy stated that the Middlesex District Attorney's Office is conducting an independent investigation, and details of the incident cannot be discussed during the investigative timeframe. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Review and Approve Land Acquisition Proposal from Housing Partnership Board Betsey Weiss, Jeri Foutter, and Harriet Cohen, of the Housing Partnership Board addressed the Board. Ms. Weiss explained that the Housing Partnership Board is seeking the Select Board's approval to prepare a proposal on the land acquisition process to include affordable housing, for the Select Board's consideration. The Housing Partnership Board is focused on affordable housing opportunities and the land acquisition process in the best interest of the Town. However, in the best interest of the Town, the Housing Partnership Board will contact and work with the three other CPA stakeholders: Conservation Commission, Recreation, and the Historic Commission on this proposal. In response to a question from Ms. Barry, Ms. Weiss explained that the request is for the Board’s support to create a policy in the best interest of the whole Town, that involves affordable, as well as including the three other stakeholders during initial negotiations. The Housing Partnership Board would then bring back a draft policy for Board review. Mr. Pato stated that he does believe there should be a policy regarding land acquisition and this this effort is a worthwhile one. He noted that he doesn’t believe the three CPA stakeholders identified are the complete set of community stakeholders with regard to property acquisition for the Town and this may need to be further examined. Ms. Weiss stated that the Housing Partnership Board is happy to broaden the scope of this item. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to support the recommendation of the Housing Partnership Board, working with other stakeholders to develop a policy regarding land acquisition usage as proposed in the attached letter dated January 27, 2022 and return to the Select Board for consideration at a future date. DOCUMENTS: Housing Partnership Board Land Acquisition Proposal - Letter of Recommendation from Chair 2. Discuss Lexington Superintendent of Schools’ Letter to the Community Regarding Potential Massachusetts School Board Authority (MSBA) Acceptance for Lexington High School nd Superintendent Hackett addressed the Board. She explained that the MSBA Board will vote on March 2 to decide which projects will be invited into the capital pipeline. If an invitation is extended to Lexington, the project would enter the first phase in the MSBA process, which is called Eligibility. The purpose of Eligibility is to determine a community's readiness for the project. The Eligibility process lasts for nine months (270 days), with benchmarks to achieve along the way. From there, the second module is Feasibility. One of the steps in the Eligibility process is to identify funding for Feasibility. In 2018, approximately $1.8M was identified as this possible amount required. She noted that Ms. Axtell informed her that a Special Town Meeting could be organized to get approval, if chosen for the MBTA capital pipeline. Superintendent Hackett explained that, while waiting to hear about being included in the pipeline, there are a number of items that can be addressed. Local actions can be taken to secure feasibility funding, such as taking a vote to secure the $1.8M. Ms. Hai noted that there will be a joint meeting on this item between the School Committee and the Select Board, along with other potential stakeholders such as the Department of Public Facilities, scheduled for Thursday, February 24, 2022, at 7pm. Mr. Lucente stated that he would like for Finance Staff to also be involved with the joint meeting, in order to discuss the budget impacts of this proposal and currently proposed Warrant Article 25. Ms. Barry stated that she would like to see the Recreation Department included in the joint meeting. She noted that a Special Town Meeting could be held within the Annual Town Meeting to address this item. In response to a question from Mr. Sandeen, Ms. Weiss explained that the Town could do some leg work in the meantime such as looking at possible locations in Town and site development. Mr. Malloy explained that this type of project would be handled through a debt issuance. He noted that, if there is a Special Town Meeting to vote on a feasibility study, this would likely make Warrant Article 25 moot. Mr. Pato noted that there was a recommendation in the Master Planning Compendium to do exactly this study. He suggested that whatever is funded and completed going forward be covered as part of this recommendation. DOCUMENTS: Superintendent's Letter Ms. Hai noted that the Board will not be addressing or taking public comment on the mask mandate this evening. 3. 2022 Annual Town Meeting & Special Town Meeting 2022-1  Presentation - ATM 2022 Article 31: Amend General Bylaws - Reporting, Disclosing, and Assessing the Energy and Water Use of Large Buildings Todd Rhodes, Sustainable Lexington Committee, addressed the Board. He presented Article 31 - Building Energy Use Disclosure Bylaw (BEU-D). The purpose of the article is to establish a bylaw to help property owners understand their energy performance compared to similar buildings in Town. The implementation of an energy disclosure program was recommended as a first step in Lexington’s 2018 Getting To Net Zero Emissions Plan. The bylaw is important because large buildings have a significant impact on Lexington CO2 emissions. Existing commercial, industrial, and municipal buildings account for about 40% of Lexington’s CO2 emissions. Of these, about 120 buildings are over 25,000 s.f. and are responsible for about 66% of the electricity used, and 50% of the natural gas used. Ownership of these buildings is concentrated in a smaller group of building owners, so there are fewer than 100 building owners affected by this bylaw. Approximately 120 buildings, referred to as reporting units, would be covered by the bylaw. It focuses on buildings with 25,000+ s.f. in area, or 25+ individual dwelling/commercial units. Owners of these buildings would be required to annually report electricity in kilowatt hours with the energy label that identifies the source of electricity, natural gas in therms, fuel oil, diesel in gallons, and propane in gallons. Beginning in 2023, the Town would collect this information from building owners for the previous year and apply standard metrics to calculate emissions intensity for each reporting unit, and by building type. It will also include water consumption in gallons from records already maintained by the Town. This information would then be published annually in a publicly available report. Building owners can report this information to the Town through the EPA Portfolio Manager, which is available at no cost to the building owner or provide it to the Town using a similar tool. Owners of properties with 25+ units will be required to report the aggregate energy use for all units on the property. The building owner could request this information from utilities, or the owner may request the information from each tenant, consolidate the information themselves, and then provide the aggregated information to the Town. Mr. Rhodes explained that there are two suggestions as how to implement this program. An outsourced firm could be used to manage communications with building owners, compile the data, and create an initial draft of the annual report for review and approval by Town staff. The article includes a request for $70,000 to cover the cost of this option through at least the first year. Alternatively, the work could be completed internally by temporary staff over a few weeks each year, under the direction of the Sustainability & Resilience Officer. In response to a question from Mr. Lucente, Mr. Rhodes explained that actions to come out of this proposal are largely driven by the data received. This will allow for increased knowledge as to where energy use and emissions are highest in Town, and to help support business owners in improving performance, if necessary. Mr. Lucente noted that he believes this should be optional, at least in the introductory period. Mr. Pato supported moving forward with the data collection and process to make this information public. In response to a question from Ms. Hai, Mr. Rhodes explained that he believes this item should be moved forward and that the new Sustainability & Resilience Officer would likely support this as well. He noted that, per the proposed $70,000 included for implementation, while there should be money allocated in the budget for this item moving forward, it will likely be significantly less than this amount. In response to a question from Ms. Barry, Mr. Malloy stated that he is yet unclear as to how much time and money it would cost to implement this project internally. In response to a question from Mr. Malloy, Mr. Rhodes South Portland, Maine, which is similarly sized to Lexington, is currently involved in a similar program. Mr. Sandeen stated that he is fully supportive of this item. In response to a question from Ms. Barry, Mr. Rhodes stated that reporting is due for the previous year in May. For the first year, the annual energy consumption for 2022 would be reported in May 2023, and with reports compiled and published around October of that year. Ms. Barry noted that there is quite a lag for this project.  Presentation - ATM 2022 Article 38: Amend Zoning Bylaw and Zoning Map 128 Spring Street Chase Johnson and Peter Tam addressed the Board. Mr. Tam, of Goulston & Storrs, on behalf of Hobbs Brook Real Estate, owner of 95 & 99 Hayden, also known as 128 Spring Street, explained that the proposal is that the existing development would be repositioned, with a number of new buildings to be phased into the southwest corner of the property. This discussion is to negotiate a memorandum of understanding (MOU) with the Board to solidify and make permanent a number of mitigation measures, in addition to the protections that the PD zoning would afford. The plan includes a number of commitments with respect to transportation and traffic, along with new recreational and public access commitments. Hobbs Brook has agreed to provide a connection to the existing Spring Street driveway, where new parking will be provided and accessible by the public. A new trailhead and five dedicated public parking spaces are proposed, along with a pedestrian control activated sidewalk to a new crosswalk on Spring Street. The rights for the new trail, as well as the rights to the parking and access, will be developed in the course of site plan review with the Planning Board with input from the Conservation Commission. There are a number of design commitments, including a focus on minimizing both light from the new buildings, as well as onsite exterior lighting. There's also a commitment that acknowledges the site's contribution to the innovation within Lexington. The MOU reflects a commitment to design these buildings to be LEED Gold Certifiable, and for the new buildings to contain hybrid HVAC systems. In response to a question from Ms. Barry, Mr. Malloy explained that a bidirectional antenna boosts the radio signal inside a large steel building for Fire Department communications. Mr. Pato noted that a linkage fee for this project, as previously approved at Town Meeting, should likely be discussed. Mr. Tam noted that this would be the first MOU that would include this linkage fee as part of a non-residential project. This was a request made to and approved by his client. Mr. Sandeen noted that the Board will likely want to speak with neighbors regarding the potential noise impacts to the area. Matt Daggett, Precinct 2 Town Meeting Member, echoed Mr. Pato’s comments. He asked that a fiscal impact analysis include the impact on housing and the proposed mitigation amount.  Presentation - ATM 2022 Article 39: Amend Zoning Bylaw and Zoning Map 475 Bedford Street Ed Grant, local console for The Cresset Group, and Ed Nardi, President of The Cresset Group, addressed the Board. Mr. Grant explained that The Cresset Group has put together essentially the same team that worked on the 1050 Waltham Street lab office rezoning, which was approved at last year's Town Meeting. Mr. Nardi noted some of the site constraints, including an Eversource easement for high tension wires over the parking surface field, a gas easement, and sewer easements. The site also is surrounded by wetlands. The 9-acre site ultimately allows for vertical development on approximately 3.5 acres. In November, the project received a favorable vote from the Planning Board that the use of the land is acceptable, the proposed density and design features are acceptable, and, with proper mitigation, the proposed project will benefit the Town and is acceptable. The group has also met with Sustainable Lexington and the Economic Development Advisory Committee along the way. The estimated tax revenue for this project, if it was built today, would be in excess of $3M. The estimated permitting fees will be approximately $2.4M, along with the MOU currently being discussed which ranges from $1.6M- $2M. The Traffic TDN measures are approximately $1M, and there will be a $300,000 payment to the Workforce Housing Fund. The building will include high efficiency heat recovery systems, which should reduce greenhouse gas emissions by over 90%. A solar array is also proposed on top of the parking garage and the garage will meet the new requirements for EV charging stations. Other environmental benefits include removing over a half-acre of pavement to reestablish the 25’ wetland buffer and re- naturalizing those areas, as well as creating a net new 600,000 s.f. wetland habitat. John Sullivan, SGA, explained that the proposal looks to create a 5 story, 225,000 s.f. Class A Life Science building towards the front of the site facing Bedford Street, and a 4.5 story structured parking garage to support that use. There is a proposed retail component of approximately 5,000 s.f. that faces Bedford Street which could include a coffee shop and be available for the community with outdoor seating. In between the two buildings, the proposal includes a robust outdoor amenity. The proposed materials are intended to be timeless, referencing copper, some masonry and other materials that should contribute to the organic and rich building expression. The structured parking, as it will remain closer to the abutters, is proposed to have a height of approximately 44’ and be located approximately 265’ from the nearest abutters with planting buffers in between. He explained that the labs will be designed to BSL 1 or 2 designations. In response to a question from Mr. Lucente, Mr. Nardi explained that the retail area on the front end of the site could likely be a coffee shop. There could also be a fitness center in the area, leading to a community gathering spot. The proposal would likely add approximately 200-250 cars during the entire day, with an additional 30-40 cars possibly during peak hours. The entry way may be redesigned. In response to a question from Ms. Barry, Mr. Sullivan explained that the shadows in the afternoon are mostly limited. The worst time of day in December will be early in the morning, casting shadows to the north. These shadows will never be cast onto any of the abutting structures. Ms. Barry noted concern regarding the left hand turns on site. She asked if the State could be requested to include some signage in this area. Mr. Malloy explained that different options will be reviewed locally, as well as with the State. Mr. Sandeen stated that he would like to make sure that bicycle and pedestrian safety is examined in getting from this location to Hartwell Ave. In response to a question from Mr. Sandeen, Mr. Nardi stated that the acoustical ambient testing has already been completed on site. He expressed confidence in being able to design mechanical systems to meet the 5 DBA requirements in the town of Lexington. In response to a question from Mr. Sandeen, Mr. Nardi stated that the neighbors have expressed concerns regarding noise, light, and traffic. These items have been and will continue to be addressed. Increased natural screening elements could be added to the parking area, and the lighting there would likely be motion activated. Ms. Hai noted that the Town is actively working to create more housing. This parcel is zoned Residential and instead of using it for housing, the request is to change it to a commercial use. She questioned if this change is the right one to make. Mr. Nardi explained that the Life Science community is expanding, and he believes the proposed use is an appropriate one adjacent to the Hartwell innovation area. This will provide significant fiscal benefits to the Town. This is not an optimal site for a multifamily structure, as there is not much of a buffer to the wetlands and road, and there is a high-tension power lines on site. Mr. Daggett noted that, if the linkage fee was in the ballpark of $10, that would be $1.95M in payments to mitigate the impacts that this development might yield on Lexington housing. He suggested that this analysis should be part of the financial impact report. Mary Hamilton, 23 Fifer Lane and Town Meeting Member Precinct 7, stated that she is opposed to rezoning this site. The bio lab proposed is inappropriate for this setting and belongs on Hartwell Ave. This is a massive intrusion in a residential neighborhood. This could be a site for moderate income housing. Doris Wong, Drummer Boy Way, stated that she is opposed to the rezoning of this site. The high-tension wires do not preclude housing on the site. The plan proposes to place the loading area closest to Drummer Boy Way with only an 8’ sound screen, which will be inadequate. She echoed Ms. Hamilton’s comments regarding using the site for housing. Ms. Barry exited the meeting due to a work obligation.  Presentation - ATM 2022 Article 26: Appropriate for Nexus Studies (Citizen Petition) Mr. Daggett explained that this article is to provide funding for consultant sources to perform two Nexus Studies. This would allow the Town to implement residential and commercial development linkage fees, which have been called the Community Housing surcharge, enabled by special legislation. The article requests $75,000 be appropriated from the General Fund. These studies essentially characterize the link between development activities, and in this case, their impact on housing and needs. It will give the Town all the decision criteria needed in terms of rate setting. These studies will recommend a fee that will work for Lexington to ensures that the Town will continue to remain competitive for commercial development, and other types of related policies. Mr. Pato and Mr. Sandeen stated that this type of study would be very helpful to inform the Town’s decision making.  Discuss Select Board Report Mr. Lucente stated that he sees some repetition from this report to the Annual Report. Ms. Hai noted that the Annual Report could simply be updated to present at Town Meeting. The Board agreed to review the report topics.  Select Board Article Presenters, Discussion & Positions In response to a question from Mr. Sandeen, Ms. Axtell explained that items included on the Consent Agenda are usually regular items or noncontroversial items. Mr. Sandeen mentioned that he believes item 12Q, Cedar Street, deserves to be presented at Town Meeting. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the consent agenda as presented, subject to the additions made this evening, to remove 12Q and to include the unpaid bills Article 20, regardless of whether it is IP’d. DOCUMENTS: Art 31 BEU-D Presentation, Art 31 BEU-D Motion, Art 38 128 Spring Street Presentation, Art 38 128 Spring Street Proposed Motion, Art 39 475 Bedford Street Presentation, Art 39 Article Wording, Art 26 Nexus Studies Presentation, Art 26 Nexus Studies Motion, Copy of 2021 Select Board Report to Annual Town Meeting, Copy of Scribes for Last Year's 2021 Select Board Report to Town Meeting, 2022ATM, STM 2022-1 Select Board Position Working Document, 2022ATMDraftConsentAgenda, Art 38 presentation added slides 4. Review Chinese Americans of Lexington (CALex) Request – Chinese New Year Car Parade Ms. Hai stated that the parade has already been reviewed and approved by the Fire Department, Police Department, DPW, and Health Department. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the request of the Chinese Americans of Lexington (CALex) to hold a car parade on Sunday, February 27 2022, from 1pm to 4pm, for the celebration of Chinese New Year. DOCUMENTS: Special Event Permit Application - CALexChinese New Year Car Parade Request, Email with Details of CALex Chinese New Year Car Parade Request 5. Amend Historical Commission Charge Ms. Hai explained that the Historical Commission is requesting that their membership includes 3 alternate members MGL Chapter 40 Section 8D, which provides that Historical Commission's may be established with membership of 3-7 members and alternate members, as long as they do not exceed the number of full members. Mr. Malloy noted that two alternate members have already been approved and appointed, but an amendment to the charge to allow for that cannot be found. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to amend the charge of the Lexington Historical Commission to include three alternate members. DOCUMENTS: MGLCh.40,Sec.8D, Commission Charge (as currently posted to website) CONSENT AGENDA 1. Town Celebrations Committee Request – Approve Sending Sponsorship Letters for 2022 Patriots' Day Parade To approve the request of the Town Celebrations Committee to send out Patriots' Day sponsorship letters, as proposed. DOCUMENTS: 2022 Sponsor Request Letter, 2022 Patriots Day - list for mailing of Sponsorship letter, Sponsorship Form 2. Approve One-Day Liquor Licenses To approve three One-Day Liquor Licenses for Spectacle Management to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the three events as follows: Tom Rush & Jesse Colin Young on Saturday, March 5, 2022 from 6:30pm to 10:30pm; The Robert Cray Band on Sunday, March 13, 2022 from 6:00pm to 10:00pm; and the Little River Band on Saturday, March 19, 2022 from 7:00pm to 11:00pm. To approve two One-Day Liquor Licenses for the Lexington Historical Society to serve beer at Buckman Tavern, 1 Bedford Street, for the purpose of the two events as follows: Tavern Night on Saturday, February 26, 2022 from 5:00pm to 7:00pm and Tavern Night on Saturday, April 2, 2022 from 5:00pm to 7:00pm. 3. Select Board Committee Appointments & Resignation To appoint Jon Wakelin to the Lexington Center Committee to fill an unexpired term set to expire on September 30, 2023. To appoint Sudha Balasuryan to the Town Celebrations Subcommittee with a term set to expire on June 30, 2022. To accept the resignation of Rita Pandey from the Town Celebrations Subcommittee effective immediately. DOCUMENTS: 2021/2022 Lexington Center Committee Application - J. Wakelin, 2022 Town Celebrations Subcommittee Application - S. Balasuryan, Resignation Letter - R. Pandey 4. Approval for the Town Manager to be Authorized to Issue Outdoor Dining/Liquor Licensing on Commercial Properties To authorize the Town Manager to approve outdoor dining/alcohol service on private property and further to authorize the Town Manager to serve as the Deputy Liquor Licensing Authority for outdoor dining/alcohol service. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the Consent Agenda, as presented. EXECUTIVE SESSION 1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining – Lexington Police Patrolman's Association (LPPA) & Police Superior Officers Union Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 at 7:45 p.m. that the Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining related to the Lexington Police Patrolman Association and the Police Superior Officers Union and not to reconvene in Open Session. Further, Ms. Hair declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Adjournment for both Open Session and Executive Session will occur at the conclusion of the Executive Session. The Board will not reconvene in Open Session. ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 from the executive session to adjourn both the executive session and regular meeting at 8:34 p.m. A true record; Attest: Kristan Patenaude Recording Secretary