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HomeMy WebLinkAbout2022-02-28 SB-min Select Board Meeting February 28, 2022 A remote participation meeting of the Lexington Select Board was called to order at 7:00 p.m. on Monday, February 28, 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; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Dawn McKenna, 9 Hancock Street, stated that the Depot will be opened this year for all who wish to attend 7:30pm – 10pm on March 7, 2022 to see election results. SELECT BOARD MEMBER CONCERNS & LIAISON REPORTS 1. Select Board Member Concerns & Liaison Reports Ms. Barry reminded everyone of the logo contest for the 250th anniversary of the Battle of Lexington. nd The deadline is Wednesday, March 2. This contest is open to all high school students that live in Lexington or attend a school in Lexington. This does have a $1,000 first place prize associated with it and there are also prizes for second and third place. Ms. Barry noted that she will be recusing herself the Battle Green Streetscape project article so as to not present the appearance of a conflict, as her place of business is a direct abutter to the scope of work. Mr. Lucente noted that the Board of Health will be meeting on March 8, 2022 at 6:30pm to review the indoor mask mandate. Ms. Hai noted that she recently sat down with Dr. Raul Fernandez on DEI initiatives, as part of his contract with MAGIC (Minuteman Advisory Group on Interlocal Cooperation). She stated that the Board should continue to emphasize its commitment to the ongoing equity work throughout the community, and that it affects both the plurality of the staff, as well as the community. Ms. Hai also noted that there is one more COVID-19 testing clinic that will be held next Saturday. DOCUMENTS: Select Board Liaison Reports 2-24-2022 TOWN MANAGER REPORT Mr. Malloy noted that the Board of Health is meeting on March 8th to discuss the mask mandate, and they're also reviewing whether or not to continue to require masks on school buses. He also noted that the Town’s new Sustainability and Resilience Officer, Maggie Peard has started. The new Planning Director, Abby McCabe will be starting on March 21st. He congratulated Human Services Department staff member, Sharon Gunda, on becoming a licensed independent clinical social worker. CONSENT AGENDA 1. Approve Select Board Meeting Minutes To approve and release the Select Board meeting minutes of: January 18, 2022, January 24, 2022, February 1, 2022, February 7, 2022 DOCUMENTS: DRAFT 01182022 Select Board, DRAFT 01242022 Select Board, DRAFT 02012022 Select Board, DRAFT 02072022 Select Board 2. Water and Sewer Commitments To approve the above Water & Sewer Finals. DOCUMENTS: Water Sewer Finals 2-28-22 3. Select Board Committee Resignations To accept the resignation of Yolanda Taylor from the Economic Development Advisory Committee effective immediately. To accept the resignation of Sam Zales from the Town Celebrations Subcommittee effective immediately. DOCUMENTS: Resignation Letter-Y. Taylor, TCC Resignation Letter - S. Zales 4. Approve the Planting of Trees on the Battle Green Approve the planting of 6 replacement trees on the Battle Green as per the Tree Warden's recommendation. DOCUMENTS: Tree Planting Request Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Grant of Location for National Grid - Fletcher Avenue Ms. Hai opened this public hearing at 7:11pm. She stated that abutter notices have been sent. Atuan Boossarangsi explained that the proposal is to replace an existing regulator vault located at the intersection of Mass Ave at Winthrop Road. The new location is proposed at Fletcher Road, to install an updated prefabricated district regulator vault for the natural gas system. Glyn Williams explained that this system is being proposed to be replaced due to age only. These improvements should also help with telecommunications. Mr. Boossarangsi explained that the new design comes with redundant runs, three layers for added overpressure protection. This will be a safety improvement. It was noted that this plan has been reworked so that the Town will not lose a parking space. The Fletcher Street area will also be restored at the conclusion of the project. Mr. Sandeen asked if National Grid intends to remove the existing regulator and restore the existing sidewalk and vault area located near Winthrop Road at the conclusion of the project. National Grid stated that the Winthrop Road existing vault area will also be restored as the Town best sees fit. Mr. Sandeen asked when the proposed work is expected to begin and end. National Grid stated that the work is expected to take between two to three months and will be completed between May and October of this year. Ms. Hai closed the hearing at 7:24pm. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the petition of National Grid to move, install and maintain the existing regulator vault from the current location at Winthrop St @ Mass Ave to a new location at Fletcher Avenue as described and designed in the petition dated February 8, 2022 and the removal of the existing vaults and repair of the and restoration of the current site on Winthrop Road to the satisfaction of the Town Engineer. DOCUMENTS: Grant of Location Request, Rendering, Plans, Copy of mailed abutters notice 2. Grant of Location for Eversource - 1050 Waltham Street Ms. Hai opened this public hearing at 7:25pm. Joanne Callender explained that this request is to install approximately 191’ of conduit into Waltham Street, to provide new underground service to 1050 Waltham Street. Ms. Hai closed the public hearing at 7:27pm. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by T. Thibault revised Date December 8, 2021, under the following public way in the Town of Lexington: Waltham Street - Northeasterly from MH4010, 50 feet southwest of Lexington Ridge Dr, install approximately 191 feet of conduit to private property DOCUMENTS: Eversource Petition for grant of location - 1050 Waltham Street, Abutter Notification 3. Liquor License - Change of Manager - Bertucci's Restaurants, LLC d/b/a Bertucci's, 1777 Massachusetts Avenue Mr. Lucente recused himself from this item. There were no comments or questions from the Board or the public at this time. Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve Bertucci’s Restaurants, LLC d/b/a Bertucci’s application for a Change of Manager naming Robert Gautieri as Manager and upon ABCC approval, issue an updated Liquor License to Bertucci’s Restaurants, LLC d/b/a Bertucci’s, located at 17777 Massachusetts Avenue reflecting the change of manager. DOCUMENTS: Liquor License Change of Manager Application Mr. Lucente retook his seat. 4. Discovery Day Street Fair 2022 Request Lexington Retailers Association President Eric Michelson explained that the proposal is to hold Discovery Day on May 28, 2022, from 10am – 3pm. This will be held in a similar format to the fall event. In response to a question from Mr. Sandeen, Mr. Michelson stated that the fall beer garden was well attended and there were no issues. The vendor would like to return this year. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve restricting vehicular access in the following areas for the 2022 Discovery Day Street Fair to be held on Saturday, May 28, 2022 from 6:00am to 5:00pm: Massachusetts Avenue, from Waltham Street to Meriam Street (both sides); and Muzzey Street, from Massachusetts Avenue to the first private driveway; and Massachusetts Avenue, north-side sidewalk, from Edison Way to Waltham Street. Additionally, to approve permission to erect a temporary sign on the Minuteman Commuter Bikeway behind 1775 Massachusetts Avenue during the event for publicity purposes. Additionally, to approve parking a flatbed truck, with a banner publicizing Discovery Day, in Lexington Center on Massachusetts Avenue in two metered parking spaces in front of Depot Square, starting on May 20, 2022 and ending at the conclusion of Discovery Day . Further, to approve free parking at the Central Business District parking meters, and not charge for parking in the Depot Lot on Discovery Day. *and all approvals and locations are subject to modifications as may be required by Department of Public Works, Public Safety, Public Health, Engineering and/or Town Manager up to the time of the event. DOCUMENTS: 2022 Discovery Day Request 5. 2022 Annual Town Meeting & Special Town Meeting 2022-1 Charles Horning, Planning Board Chair and Sheila Paige, Interim Planning Director, addressed the Board.  Presentation - ATM 2022 Article 8: Appropriate for Comprehensive Plan Implementation Ms. Paige explained that Article 8 is a request to appropriate $75,000 to implement recommendations of the Comprehensive Plan. These funds may be used for a broad housing needs assessment, which will help hone strategies to help achieve the housing goals. Grants are being applied for to help with land use analysis, but further analysis may be needed. This project will also include public forums and GIS analysis. In response to a question from Ms. Barry, Mr. Malloy stated that the Town previously received funding from the State for a town-wide study on where affordable housing could be located. In response to a question from Mr. Pato, Ms. Paige explained that the proposed housing needs assessment is slightly different from the 2014 Housing Production Plan, as this will examine what types of housing are needed throughout Town, such as assisted housing, workforce housing, single floor accessible housing, senior housing, etc.  Presentation - ATM 2022 Article 30: Amend Special Act - Planning Board and Town Meeting Ms. Paige explained that this request is to amend the Representative Town Meeting Act to allow the Chair of the Planning Board to be an at-large member of Town Meeting, on the same terms as the Chair of the School Committee, the Chair of the Appropriation Committee, the Chair of the Capital Expenditures Committee, and all of the members of the Select Board. This would help the Planning Coard meet its formal obligations to Town Meeting, should none of its members be elected. Mr. Pato noted that, at Arlington’s Town Meeting, none of the ex-officio members have voting rights. In Arlington, if a Select Board member wants to vote, they have to run for a meeting seat. They then no longer need to recuse.  Presentation - ATM 2022 Article 35: Amend Zoning Bylaw - Open Space Residential Developments Mr. Horning explained that a public hearing was held on this article, and a lot of very good feedback was received. The public hearing was since been closed, but the Planning Board has not yet had an opportunity to digest the feedback and incorporate it into the motion. Ms. Hai stated that the Board would likely ask for this to come back for further discussion once any updates are made. In response to a question from Mr. Lucente, Mr. Horning explained that the prerequisites for this are essentially the same as the current prerequisites for a conventional subdivision or a special permit residential development. He expects there to likely be an average of 1-2 of these OSRD requests per year. The range of units for this type of development could be anywhere from 4-40 units. There has been discussion regarding producing a visual representation of what an OSRD might look like for Town Meeting.  Presentation - ATM 2022 Article 36: Amend Zoning Bylaw and Zoning Map - Mixed-Use Developments and Multi-Family Housing Mr. Lucente recused himself from Article 36. Mr. Horning explained that Article 36 looks to create midrise (5-6 stories), mixed-use, multifamily housing in Lexington Center. The market would determine the level of parking to provide. There will also be built-in inclusionary housing as part of this project. Part of the proposal is to create a vibrant Town center, with more people living in the Center, and using the amenities This would also increase the diversity of Lexington’s housing stock. This could also be a step towards meeting the MBTA Community housing requirement, although it will by no means be sufficient to meet that requirement. The public hearing on this item is still open; it will be continued on Wednesday. The Planning Board will decide what to do with this item once it has had public feedback.  Presentation - ATM 2022 Article 37: Amend Zoning Bylaw - Technical Corrections Ms. Paige explained that this proposal restores the phrase “a solar energy system may be located over any paved parking lot,” into the zoning bylaw. This had previously been voted into Section 4.3.1. Mr. Horning explained that this would apply to large residential or commercial developments of more than 5 parking spaces.  Presentation - ATM 2022 Article 40: Amend Zoning Bylaw - Sustainable Residential Incentives (Citizen Petition) Ms. Hai stated that, due to a recent Attorney General decision, the proponents of this proposal have requested time to evaluate the potential impact to this article. Town Counsel, Mina Makarious, explained that this article proposes two things. One, it reduces gross floor area (GFA) across Town going forward, as well as proposals that would be in the permitting process as of the end of this year, effectively. Then, going forward, increasing GFA for buildings would be tied to a list of sustainability standards. If a certain number of standards are met, Tier 1, the proposal would essentially be allowed 150% of the permissible GFA. There is a concern that the article may be subject to challenge, if the GFA it imposes is so low that it essentially leaves everyone with no choice but to adopt the sustainability measures. The language of this article reads as an incentive which seems legally defensible, but, in light of recent court cases, there is a possibility that the Attorney General’s Office would disapprove of it.  Approve Request from Town Moderator to Conduct 2022 Annual Town Meeting and Special Town Meeting 2022-1 via Remote Participation Town Moderator Deb Brown explained that her request is for the Board to conduct the upcoming 2022 Annual Town Meeting and Special Town Meeting 2022-1 through remote participation. Mr. Lucente stated that he believes virtual meeting should be for very specific reasons and purposes. He asked what thresholds need to be met to have in-person meetings. All indications currently are that the risk factors are low. He stated that he believes, for every person that the remote technology made things more convenient for, it alienated someone else. The lack of interpersonal engagement may take a toll on the community overall. He is happy to wear a mask and make it mandatory, but not willing to make this a fully virtual event. Ms. Brown agreed that the endpoint seems to keep moving. She expressed concern that if the Board of Health pulls back on its mask mandate requirements, it will be difficult to have a different set of rules for Town Meeting. There is an excellent system for remote meetings that has been proven to be successful and adequate. In response to a question from Ms. Barry, Ms. Brown stated that she has not polled Town Meeting Members on their level of comfortability, but the ones she has spoken to who have decided not to run again are doing so not based on the remote technology aspect. Ms. Barry stated that she does not want assumptions to be made regarding Town Meeting Members’ comfortability. Vineeta Kumar, Chair of the Town Meeting Members Association (TMMA), explained that the TMMA polled the Executive Board members who overwhelmingly favored a remote Annual Town Meeting, followed by a hybrid model. The main reasons cited were health and personal situations. The remote model also offers an ease of participation. This poll included 20 people, 14 of whom voted for remote, 4 hybrid, and 2 in-person. Ms. Barry stated that this poll does not include a large enough sample size to sway her opinion. Mr. Pato noted that participation levels at remote meetings have far exceeded expectations and participation levels at regular meetings. He believes it is premature to get back to being fully in-person. He also noted that the legislation requires this to be ratified at Town Meeting, and that if enough people vote this article down, the meeting will have to occur in-person. Ms. Hai echoed Mr. Pato’s comments. She noted that she is interested in returning to in-person, however, even most recent CDC guidelines recommend against indoor crowding. She also does not want to force people to not exercise their elected responsibility simply because they do not feel safe. Mr. Sandeen concurred with Ms. Hai and Mr. Pato. He also supports Ms. Brown’s and Ms. Kumar’s thoughtful explanation of their request. His personal opinion is that many residents may be choosing not to run for election for the first time, as they may not be clear on how best to do so during a pandemic. Mr. Lucente stated that he would like to see a very specific threshold placed on returning to in-person. Ms. Brown stated that one of her benchmarks would be that every citizen is eligible for being vaccinated, which is not yet the case. Ms. Barry stated that she believes Town Meeting Members should have the right and opportunity to weigh in on this. Ms. Kumar stated that she will create a poll to that extent to be discussed as part of the next Board meeting. Dawn McKenna, Town Meeting Member Precinct 6, stated that she is glad to hear a survey will take place. She also noted that there are several elected people who have never had an in-person Town Meeting experience. She also suggested that Lexington could consider holding Town Meeting in an outdoor location, instead of forcing remote participation. Tina McBride, 45 Turning Mill Road and Town Meeting Member Precinct 7, stated that she does not believe the experience of an in-person Town Meeting should outweigh someone’s safety. Data does show that older people fair worse than younger people when it comes to COVID-19. She would like to see data on how many people have been attending remote Town Meeting versus when it was held in person. Sue Kingsbury, 9 Middle Street, stated that she believes all boards should be back in-person. It is hypocritical to require all other entities in Town (DPW, schools, safety officials) to be conducting business in-person, while allowing governing bodies to continue remotely. Lin Jensen, Town Meeting Member Precinct 8, stated that she supports continuing remotely for one year. She noted that Town Meeting requires people to be in close quarters for a longer period of time and she does not wish to risk anyone’s health to attend. She also noted that there has been additional opportunity for people to attend via remote. Ms. Hai stated that the Board will work with the TMMA to put out a survey as soon as possible, and the Board will review this again at its next meeting.  Discuss ATM 2022 Article 34: Allow for Select Board to Call Remote Town Meeting Ms. Barry stated that she believes a larger conversation on this item, as seen during the last item, needs to be had either at Town Meeting or with the community at-large. Mr. Lucente noted that this article would allow for a remote Town Meeting to be called in advance, but not in the heat of the moment, such as for an emergency snowstorm. Mr. Pato noted that this article also applies to calling hybrid meetings. He stated that, based on the degree of increased participation, and the ability for people with disabilities or other impediments in their ability to go or stay late at a Town Meeting, he is very hopeful that the Town will institute a change in this process, so that hybrid meetings become the standard. If the Town can be granted this permission, it can regulate its own process to determine when hybrid and remote meetings are necessary. Ms. Hai stated that she will try to look into an information session on this topic, either individually or in conjunction with the TMMA. Tom Shiple, Town Meeting Member Precinct 9, stated that his concern is that people may vote to hold remote Town Meeting, not because they’re worried about the pandemic, but simply because it is more convenient. He suggested that there might be a way to structure a survey to examine this preference. The Board took a brief recess from 9:04pm – 9:09pm.  Select Board Article Discussion & Positions The Board agreed to pre-draft any positions on the articles to send to staff ahead of the next meeting for inclusion in the next meeting packet. DOCUMENTS: Presentation for Zoning Articles, Moderator Request Remote 2022ATM and STM 2022- 1, Art 8 comp plan motion, Article 40 Presentation, 2022ATM, STM 2022-1 Select Board Position Working Document, Draft Motion Article 26, Draft motion Article 27, Draft Motion Article 35, Historical Commission Statement on OSRD proposal 6. Review and Approve Battle Green Streetscape Project Design Ms. Barry recused herself from this item. John Livsey, Town Engineer, explained that he has forwarded to the Board all public comments received on this proposal within the last couple of weeks. Most of the feedback was focused on the roundabout at the Harrington/Hancock intersection. One concern was that the roundabout would cause too much of a delay. While one of the goals of the roundabout design is to cause speed reduction, this will actually improve safety and reduce travel time in this area. Other concerns revolve around the First Parish Church losing the crosswalk that is currently directly in front of the door. Thus, some design alternatives are being considered to address this. At this point, it is critical to determine if the proposed geometry of the proposed project is acceptable, in order to continue to move forward with the design. In response to a question from Mr. Lucente, Mr. Livsey stated that the middle of the roundabout is proposed to be a landscaped area. The specifics of this are yet unknown, as it will somewhat be subject to public opinion. Steve McKenna, 9 Hancock Street, stated that he would vote against this proposed eyesore to be located next to the Battle Green. He believes the proposed signage will be an eyesore and also confusing. He also noted that he believes there is still a gas leak issue with the current island. Allison Burson, LHS Class of 2003, stated that she has always found this intersection very scary, and she is thankful that the safety improvement to slow traffic speeds is being examined. Katie O’Hare Gibson, 3 Belfry Terrace, spoke as a representative for the First Parish Church. She stated that there is concern regarding the proposed crossing in front of the Church. She also explained that she hopes this proposed addresses the poor sightlines when heading eastbound on Bedford Street. Mark Anderson, Mass Ave., asked how bicycling will be handled along the roundabout. Ms. Hai noted that the Board has received several letters of support from the Bicycle Advisory Committee. Mr. Livsey noted that cyclists will have the option, if they are comfortable, staying in the roadway traveling with vehicles moving at about 20 mph. But alternatively, there'll be locations where bicycles can enter the sidewalk and travel along sidewalks and crosswalks through the area. He stated that he will verify if bicycles are allowed to travel on the sidewalk in this location. Dawn McKenna noted that there has been a Liberty Ride Trolly stop in front of the Cary Library for 15 years and it will be important to maintain that. The Tourism Committee heard a presentation on this item but took no vote. She was surprised that abutters were not notified that this item would be on the Board’s agenda this evening. She noted that making such a significant change in a roadway next to a national historic landmark is a significant issue. This proposal will make it harder for her to access her property. She is also concerned with the amount of landscaping she’s completed along her property line being impacted by this project. In response to a question from Mr. Lucente, Mr. Livsey stated that, if the Board votes to approve the geometry, it will remain as shown. Mr. Livsey noted that he has been in touch with the Masonic Meetinghouse but does not yet have feedback from them. The proposal would seek some land from that property as a donated easement. If this was rejected, he would need to come back before the Board, but it is difficult to move forward with further design of the project without first approving the geometry. Mr. Lucente expressed concern with bringing this proposal to Town Meeting while there are still some unknowns, such as the Masonic Meetinghouse. Mr. Pato suggested that the Board vote to approve the proposed geometry, in order to not further delay the project. Mr. Malloy stated that there appears to be 274 s.f. on Bedford Street and 58 s.f. on Hancock Street near the Masonic Meetinghouse that would need to be altered for the proposed sidewalk. He will work with Mr. Livsey to move this item along. Ms. Hai stated that she would also suggest moving this item along, with the caveat that these details will need to be ironed out before Town Meeting. Upon a motion duly made and seconded, by roll call, the Select Board voted 3-1 to approve the intersection improvements and general geometry of the plans for the Battle Green as presented on 2-1-22 and attached hereto. Ms. Barry retook her seat. DOCUMENTS: Battle Green Streetscape Presentation 7. Update on Compost Fees Dave Pinsonneault and Robert Beaudoin presented to the Board. Mr. Beaudoin explained that the last time a rate increase was proposed for the Hartwell Avenue compost site for the materials and disposal was in 2017. Since 2001, total revenues collected have been approaching almost $9M, and the Compost Revolving Account has a balance of approximately $450,000 at this time. He explained that the proposal is to increase the cost of half-inch screen compost, from $18 to $20. The same increase is proposed for topsoil. The 50/50 loam and compost blend is proposed to increase from $20 to $22.50. Yard waste and grass is proposed to increase from $9/cubic yard to $11/ cubic yard. Brush 4” minus is proposed to increase from $10/cubic yard to $15/ cubic yard, and leaf and bark mulches are proposed to increase from $30/cubic yard to $33/cubic yard. The current permit for landscape contractor trucks, annual permit 2 – 14 cubic yard capacity mid-March to mid Dec., ranges from $768-$2,304 for disposal per truck. He is proposing to increase this by 10%, plus a $50 per vehicle registration fee. The current permit for landscape contractor trucks, Seasonal Permit 2 – 14 cubic yard capacity October 15 – Dec. 15, ranges from $300-$900 for disposal per truck. He is proposing to increase this by 15%, plus a $50 per vehicle registration fee. He noted that there are several cost avoidance benefits of the compost site, including disposal of TOL yard waste, mitigation of CO2, providing $25K of landscape product to DPW, providing free screened compost, and promoting sustainability. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the recommended compost fee increases for goods and services as presented, clarifying that the 50/50 loam and compost is at $22.50 DOCUMENTS: compost fee increases ADOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 10:15 p.m. A true record; Attest: Kristan Patenaude Recording Secretary