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HomeMy WebLinkAbout2023-02-27 SB-min Select Board Meeting February 27, 2023 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, February 27, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente; Vice Chair, Mr. Pato, Ms. Barry, and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Ms. Hai called the meeting to order at 6:00pm. EXECUTIVE SESSION 1. Exemption 10: Discuss Trade Secrets or Confidential, Competitively-Sensitive or Other Proprietary Information - Community Choice (Electricity) Aggregation Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 6:00 p.m. that the Board go into Executive Session under Exemption 10: Discuss Trade Secrets or Confidential, Competitively-Sensitive or Other Proprietary Information - Community Choice (Electricity) Aggregation. Further, Ms. Hai declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. Select Board reconvened to open session at 6:26 pm PUBLIC COMMENTS Dawn McKenna, Precinct 6 Town Meeting Member, and 9 Hancock Street, noted that there will be a gathering on election night at the Depot starting at 7:30pm. This has become a tradition where anyone who wants to see the results of the election and meet with fellow Town Meeting Members and citizens can do so. Nancy Page, 6 Fletcher Ave, expressed concern that residents still have not been reached out to regarding the solar canopy project. Mr. Malloy explained that a meeting is going to be held on March 14, 2023 for this item. Notifications will be made to neighbors within the next couple of days. IvKa Kalus, 55 Pleasant Street, expressed concern regarding the blasting project located at 69 Pleasant Street. She stated she was dismayed that the Town was not getting involved to rectify issues experienced by the neighbors regarding the noise level. Ms. Hai noted that several letters have been received regarding this issue. James Frankel stated that he lives within the 250’ circumference of the 69 Pleasant Street development. He expressed concern regarding the project. He previously sent a letter to the Board which has not been directly responded to. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Announcement: Town of Lexington's FY2024 Recommended Budget & Financing Plan (the "Brown Book") is posted to Town's Website. 2. Select Board Member Concerns and Liaison Reports Ms. Hai reminded everyone that Monday is election day. This Friday morning, the League of Women Voters is holding its first Friday event at the Cary Library, and the Special Permit Residential Development Committee will be making a presentation regarding Article 33. Mr. Pato noted that there were 135 email messages received during this period. A response was sent to each. DOCUMENTS: Information re:HDC Police Station Solar discussion- conditional approval, Correspondence Secretary Report for the period 2/2/23 - 2/23/23 TOWN MANAGER’S REPORT 1. Town Manager Weekly Update Mr. Malloy stated that, regarding participatory budgeting, 1033 people voted in the first 48 hours, with 697 voting the first day. He noted that the Douglas House is seeking to utilize parking spaces in the Depot Lot for wheelchair accessible parking spaces. These would only be used during the day. Mr. Pato asked if, given the concern raised about availability of parking spots, additional spots at Our Redeemer be leased for this purpose, so that the Depot Lot spots can continue to be used for public parking. Ms. Hai agreed that she would be concerned with removing additional spaces from the Depot Lot at this time, without yet knowing what the need is. There was consensus on the Board to get more information regarding the potential impact of removing those spots. Regarding 69 Pleasant Street, Mr. Malloy explained that the complaints from neighbors have focused on blasting, drilling, the time of day and week for this work, whether the sound barrier installed is effective, and tree removal. With the exception of some of the timing of work, the contractor has otherwise been in compliance with Town's bylaws and State regulations. The Town’s Building Commissioner and Fire Department have reviewed the site on a number of occasions and have brought in the State Fire Marshal's Office to do additional review. Derek Sencabaugh, Fire Chief, has indicated that Lexington has its own rules that allow only 50% of the blasting level that the State regulations allow. This contractor is actually 25% of that amount. There are two sections of a noise bylaw that apply to this project, one which restricts certain work between 7am and 5pm on weekdays, and 9am and 5pm on weekends. The second which restricts blasting and hammering between 9am and 5pm on weekdays. The Building Commissioner has determined that the work is being undertaken before 9am and is thus in compliance with the bylaws The actual blasting decibels reviewed were at 71 and 77 outside of the barrier. The bylaw requires this to be 85 at the property down. The barrier was shown to reduce levels by 14 decibels. The bylaw suggests that the barrier should be capable of reducing it by 10 decibels. A compliance was received late Friday regarding a decibel reading of 115 from one of the residents, but there is no further information on that at this time. The DPW Director has indicated that the contractor and property owner are in compliance with the tree bylaw. It is clear neighbors are experiencing the impact from this project. This is temporary. The Town can only enforce its bylaws. This has been the response of the Town, though neighbors have not been satisfied with that response. All but one resident in this area has had a preblast survey completed. He is not aware of any complaints or claims filed against the contractor at this point in time. Mr. Sandeen noted that this project has not been pleasant for the neighbors. There is a long history of Lexington residents asking the Town to protect them against excessive noise. The Town Manager mentioned a photo of a sound meter installed at a resident’s house by the developer showing 115 dB. He has seen information that permanent hearing loss can occur with noise over 85 dBs, that 115 dBs is the equivalent to being at a loud rock concert. He asked if this was a one time reading. He also asked when the permit was issued, when the ledge work began, and when the noise mitigation plan was submitted and approved. Mr. Malloy noted that he did not have this information at hand. Ms. Hai stated that this could be addressed offline. Mr. Malloy noted that Gina Rada, the Town’s Veteran’s Director, will be moving onto another position. He wished her well and noted what a loss this is to the Town. Mr. Malloy stated that the Town’s State Sid figure came in significantly higher than anticipated. He suggested that the Board meet on Thursday to discuss these additional funds. The Board agreed. DOCUMENTS: 2-17-23, 2-24-23 CONSENT AGENDA The Board pulled Item 3 Application: Battle Green Permits – Lexington Minute Men for Patriots Day events, to further discuss the start time of the rain date for the rehearsal. 1. Approve Select Board Meeting Minutes  January 18, 2023 Select Board  January 18, 2023 Joint Select Board, School Committee, Appropriation Committee, Capital Expenditures Committee, Recreation Committee and Board of Library Trustees  January 23, 2023 Select Board  January 30, 2023 FY2024 Budget Summit IV To approve and release the minutes of the following meetings: January 18, 2023 Select Board January 18, 2023 Joint Select Board, School Committee; Appropriation Committee, Capital Expenditures Committee, Recreation Committee and Board of Library Trustees; January 23, 2023 Select Board and January 30, 2023 FY2024 Budget Summit IV DOCUMENTS: DRAFT 01182023 Select Board, DRAFT 01182023 Joint Meeting, DRAFT 01232023 Select Board, DRAFT 01302023-Budget Summit IV 2. Water and Sewer Adjustments To approve the above Water & Sewer Adjustments as recommended by WSAB on January 12, 2023. DOCUMENTS: 2-27-23 ADJ 3. Applications: Battle Green Permits – Lexington Minute Men for Patriots' Day Events  Dress Rehearsal for Battle of Lexington Reenactment  Regrouping and Marching for Parker's Revenge Skirmish Reenactment  Battle of Lexington Reenactment & Wreath Laying Ceremony with the Lexington Chapter of the Daughters of the American Revolution This item was discussed outside of the Consent Agenda. 4. Bedford Street and Hancock Street Road Closures Request – Lexington Minute Men & Lexington Historical Society for Patriots' Day Event  Arrival of Paul Revere and William Dawes at Hancock-Clarke House Reenactment To approve the Lexington Minute Men and the Lexington Historical Society's request for Bedford Street from Massachusetts Avenue to Hancock Street and Hancock Street to Adams Street be closed to all but resident emergency traffic from 10:00pm on Sunday, April 16, 2023 to no later than 12:30am on Monday, April 17, 2023 for the reenactment of the arrival of Paul Revere and William Dawes at the Hancock- Clarke House. DOCUMENTS: LMM & LHS Road Closure Request - Paul Revere/William Dawes Arrival at Hancock- Clarke House Reenactment 5. Application: One-Day Liquor License – Lexington Historical Society, 1 Bedford Street  Tavern Night To approve a One-Day Liquor License for the Lexington Historical Society to serve beer and wine at Buckman Tavern, 1 Bedford Street, for the purpose of "Tavern Night" on Saturday, March 4, 2023 from 5:00pm to 7:00pm. 6. Application: One-Day Liquor License – Spectacle Management, Inc., 1605 Massachusetts Avenue  Handel & Haydn Classical Concert To approve a One-Day Liquor License for Spectacle Management, Inc. to serve beer and wine in the lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of the Handel & Haydn classical concert on Friday, April 21, 2023 from 7:00pm to 11:00pm. 7. Approve Lexington Little League Opening Day Parade Request To approve the Lexington Little League request for the Annual Little League Parade on Saturday, April 29, 2023 as outlined in their letter dated January 19, 2023, subject to working out the details with Town Departments. DOCUMENTS: Lexington Little League 2023 Parade Request 8. Select Board Committee Appointments  Lexington Affordable Housing Trust Board of Trustees o William Erickson o Tiffany Payne o Linda Prosnitz o Elaine Tung To appoint the following as members of the Lexington Housing Trust Board of Trustees as follows: William Erickson for a 2-year term to expire on June 30, 2025; Tiffany Payne for a 2-year term to expire on June 30, 2025; Linda Prosnitz for a 2-year term to expire on June 30, 2025 and Elaine Tung for a 1- year term to expire on June 30, 2024. To designate members of the Lexington Affordable Housing Trust Board of Trustees as Special Municipal Employees DOCUMENTS: 2023Appt-AffordableHousingTrustApplication-W.Erickson, 2023Appt- AffordableHousingTrustApplication-L.Prosnitz, 2023Appt-AffordableHousingTrustApplication-T.Payne, 2023Appt-AffordableHousingTrustApplication-E.Tung, Copy of Motion passed at 2022-3 STM for the creation of Affordable Housing Trust 9. FY24 Budget Adjustment – New Employee Health Insurance Adjustment Move to approve the FY24 budget adjustment of $211,000 for health insurance and other benefits for 12 new employees from the School Department to the Shared Expenses Budget. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve Items 1, 2, 4, 5, 6, 7, 8, and 9 of the Consent Agenda. 3. Applications: Battle Green Permits – Lexington Minute Men for Patriots' Day Events  Dress Rehearsal for Battle of Lexington Reenactment  Regrouping and Marching for Parker's Revenge Skirmish Reenactment  Battle of Lexington Reenactment & Wreath Laying Ceremony with the Lexington Chapter of the Daughters of the American Revolution VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Lexington Minute Men requests for the use of the Battle Green for Patriots' Day events as detailed in the attached request letter dated January 23, 2023 as follows:  Saturday, April 1, 2023 for a dress rehearsal of the annual reenactment of the Battle of Lexington from 9:00am to 4:00pm (Rain Date: Sunday, April 2, 2023 from 12:00 Noon to 4:00pm  Saturday, April 15, 2023 for the annual reenactment of regrouping of the Lexington Minute Men and march to Lincoln for Parker’s Revenge skirmish from 9:00am to 10:30am (the event will last approximately 30 minutes on the Green followed by a march on Massachusetts Avenue to Fiske Hill at Old Massachusetts Avenue)  Monday, April 17, 2023 for the annual reenactment of the Battle of Lexington from 1:00am to 1:00pm (Rain Date: Saturday, April 22, 2023 from 1:00am to 1:00pm)  Monday, April 17, 2023 for the 113th Wreath Laying Ceremony with the Lexington Chapter of the Daughters of the American Revolution at several war monuments around the Battle Green from 10:30am to 11:00am DOCUMENTS: Battle Green Requests for LMM Participation in Patriots' Day Events ITEMS FOR INDIVIDUAL CONSIDERATION 1. Application: Common Victualler License - Taipei Gourmet LLC d/b/a Taipei Gourmet, 211 Massachusetts Avenue Ms. Hai noted that the Select Board is being asked to approve a request for a Common Victualler License for Taipei Gourmet LLC d/b/a Taipei Gourmet, 211 Massachusetts Avenue for the hours of 11:00am to 9:00pm Sunday through Saturday for seating in a restaurant under new management. The applicant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Common Victualler License for Taipei Gourmet LLC d/b/a Taipei Gourmet, 211 Massachusetts Avenue for the hours of 11:00am to 9:00pm Sunday through Saturday. 2. Application: Common Victualler License – BIY Foods LLC d/b/a BIY Foods, 317 Woburn Street Ms. Hai stated that the Select Board is being asked to approve a request for a Common Victualler License for BIY Foods LLC d/b/a BIY Foods, 317 Woburn Street for the hours of 6:30am-6:00pm Monday through Friday; 8:00am to 2:30pm on Saturdays; and 8:00am-1:00pm on Sundays for seating in a new restaurant. The applicant has worked with the Department of Public Health, Building Department and Zoning Department for their respective required permits and inspections. The applicant, Ms. Ramona Ciucurita, has been invited to attend the Select Board meeting to answer any questions. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve a Common Victualler License for BIY Foods LLC d/b/a BIY Foods, 317 Woburn Street for the hours of 6:30am to 6:00pm Monday through Friday; 8:00am to 2:30pm on Saturdays and 8:00am to 1:00pm on Sundays. 3. Open Space and Recreation Plan Review Amber Carr, Conservation Coordinator, stated that the Conservation and Recreation Departments have been working with the consultant, Activitas, Inc., to update the Open Space and Recreation Plan. This is a plan that is good for seven years and identifies the priorities and objectives for the entire Town of Lexington for all open space. Olivia Messenger, Activitas, Inc., reviewed the new eight goals that the report is built around. Mr. Sandeen asked if the land acquisition goal could be updated to read ‘assess and acquire protected parcels that are important from an environmental, recreational, affordable housing, or historical perspective.’ It was noted that the goal could be updated to reflect this. Mr. Pato noted that the Housing Partnership Board has been working on a charter for land acquisition to broaden participation for housing, in addition to open space, conservation, and recreation use. Mr. Pato asked if the plan addresses some of the real challenges regarding recreation in Town, as a major reconstruction project for the High School and other items are being considered. Meg Buczynski, Activitas, Inc., noted that this could fit well under the goals of communication and programming. She noted that the Recreation Department has been reviewing potential projects to help mitigate the offset of losing fields and recreational areas during the build. Ms. McKenna noted concern that the report does not acknowledge the role that the School Department plays in the management of fields. DOCUMENTS: Presentation - Open Space and Recreation Plan 4. Discussion on State Earmark for Economic Development in Lexington Center - Special Events Sandhya Iyer, Director of Economic Development stated that the Town received a $200,000 earmark from the Legislature for special events, Farmer’s Markets, local festivals, parades, musicals and theatrical performances, or other government or non-profit events sponsored or sanctioned by the Town. This is being managed through the Economic Development Department. This year’s proposal includes six events, including Patriots Day weekend, summer painting night, Pumpkinfest, Winter Fun Fest, and the Lexington Winter Garden. These events will be spread from April throughout the year. All of these events would total approximately $126,000 of funding. This is not within the existing budget. The events will either need to be funded through ARPA or the events will not occur this year. In response to a question from Mr. Lucente regarding the earmarked funding, Mr. Iyer explained that the earmark from the State is to be used for all events between now and 2026, including cultural events. Mr. Lucente stated that the events throughout last year were very successful, well attended, and there was positive feedback from some businesses in Town that they benefited from having extra people in the Center. He expressed concerned regarding the Patriot’s Day weekend events. He wants to make sure the setup for all events that weekend do not conflict. He noted that people come to see the reenactment and parade, but not necessarily a giant movie screen and bouncy house. Some items may be more appropriate outside of the historic areas. Mr. Pato stated that he would like to see more information regarding the funding aspect, such as what th funding is needed for the 250 Celebration. He would like the Board to affirm the decision regarding beer gardens operating in Town based on a concern raised by residents. He stated that there also appear to be some conflicting events proposed for the Monday of Patriot’s Day weekend. In response to a question from Ms. Barry, Mr. Malloy noted that the earmarked funds can be reimbursable from the State. Ms. Barry stated that, for decades, it has been the Select Board's practice to not permit vendors to be in the area from the Library up to the Battle Green. She has concern regarding some of the events scheduled in this area and would like to hear from Police, Fire and DPW on this. She agreed with a further th discussion regarding funding for the 250. Ms. McKenna noted that Greek Easter is actually the Sunday before Patriot’s Day this year. The Orthodox Easter celebration, including a midnight mass is quite important, and there will likely be traffic around this area at this time. She expressed concern regarding the number of additional activities proposed for this Patriot’s Day, as it may be the first “normal” year since the pandemic. DOCUMENTS: Presentation The Board took a five-minute recess. 5. 2023 Annual Town Meeting  Presentation - ATM 2023 Article 31: Fair Trade Restrictions - Fur Products (Citizen Petition) Dr. Dinesh Patel, MD presented his citizen petition for Annual Town Meeting 2023 Article 31: Fair Trade Restrictions - Fur Products. A study in 2020 by the Humane Society Legislative Fund, and the Fur Free Alliance found that the majority of Massachusetts voters 59%-64% support a Statewide fur ban, with only 19% opposing. Fur bans in Massachusetts have always passed voting on the first round. Fur is a fabric made from the skin of animals such as minks, rabbits, raccoon dogs, foxes, seals, chinchillas, raccoons, sometimes even cats and dogs. Taking fur from an animal, means that the animal is killed in a cruel way. The conditions on fur farms are brutal, painful, and inhumane. As a Town with many loving dog owners and an appreciation for nature, Lexington residents understand that this cruel procedure does not belong in Town. Compared to synthetic and other natural textiles, fur has a higher impact per pound in 17 of 18 environmental categories including climate change, waste, runoff, and toxicity. The fur ordinance proposed does not limit the sale of leather of any kind, or cowhide or sheepskin with hair fibers still attached. It does prohibit the sale of fur from animals raised in fur farms and attracted and killed only for the pelt. It does prohibit the sale of fur products sold in person and online to retailers and buyers physically located in Lexington The ordinance excludes secondhand fur, fur used for Native American Tribal purposes, fur used for religious purposes, and taxidermy. In response to a question from Mr. Lucente, Dr. Patel stated that he has not been able to find any stores in Lexington which currently sell fur. In response to a question from Ms. Hai, it was noted that alpaca is considered wool, which is not covered under the ban. The Board thanked the proponents for their presentation.  Presentation - ATM 2023 Article 34: Amend Zoning Bylaw and Map - Multi- Family Zoning Housing for MBTA Communities Bob Peters, Planning Board Chair, explained that the Housing Choice legislation passed by the legislature and signed by the Governor in 2020 contains several changes to the zoning statute, most pertinent at this time is the addition of Section 3A to Massachusetts General Law Chapter 40A, which requires municipalities to allow multifamily housing by right for MBTA communities. Lexington is one of 175 communities affected by this law. If the required zoning is not in place, a landowner could sue the Town and possibly seek an order for issuance of a building permit for a multifamily housing project. Article 34 is necessary because Lexington currently does not permit multifamily housing at all. Over 200 people st attended the February 1 public hearing on this article. A total of 94 written comments were received, and all of the testimony and comments made were considered to develop this proposal. The proposal consists of ten overlay districts, totaling 227 acres out of the 10,560 total acres of land in Lexington, or 2.15% of the Town's total area. The 227 acres includes both developable and undevelopable land in the districts. Non-discretionary means that the multifamily use category cannot be denied. All other aspects of zoning such as heights, parking, lighting, etc., would still apply. Abutters within 300’ would still be notified of any projects when submitted. The Planning Board is requesting that 15% of projects be eligible for inclusion on the subsidized housing inventory. There were not initially any provision for affordability. The Department of Housing and Community Development has added that up to 10% affordability can be required. The Planning Board is requesting a 15% affordability requirement. In order to get to 15%, a third-party consultant has to be consulted regarding the economic viability to build at a greater rate of affordability. Mr. Lucente stated that he filed an appropriate disclosure with the Town Clerk’s Office and is confident in his ability to perform his official duties objectively and fairly. He asked how much above and beyond this proposal goes from the original MBTA law. Abby McCabe, Planning Director, explained that State law for Lexington states that there needs to be at least 50 acres in zone to allow for 1,231 housing units. In looking at acreage alone, it was determined that approximately 82 acres would be needed to meet minimum compliance with the State. This proposal is more than that but spread out over Town. Mr. Lucente asked for more information on what a potential build out of the proposed 227 acres would look like. Ms. Barry noted that there is more acreage in this project than is truly needed by law. This could be an issue on Town Meeting floor. The Center does not necessarily need to be part of this project. Mr. Peters explained that this proposal spreads out development along the bus lines and across Town, so that it does not impact any one neighborhood exclusively. Non-compliance is not an option for the requirements set by the State. If this proposal is unsuccessful at Town Meeting, a revised plan will be created to address the public’s concerns. At a previous public workshop, there was a lot of public interest and support in distributing these areas of development throughout Town. Ms. Barry asked about the financial impact to the Town if this does not pass. Mr. Peters stated that the deadline for compliance is December 31, 2024. There would be dire consequences faced by the Housing Authority if this item is not brought into compliance. Mr. Sandeen said he is looking forward to how we might use housing to help revitalize the center. He said many residents ask about the by-right aspect of this development in terms of design guidelines. Mr. Peters explained that the development is by-right through site plan review, which includes design controls. He asked if the proposal includes higher floor setbacks. Mr. Peters said, higher floor step backs are not included at this time. Jerry Michelson, Center Committee, stated that the Committee feels that the proposal is appropriate to move forward with at this time. More housing in the Center would help the business community. Some concerns were raised to the Planning Board regarding keeping the first-floor storefronts for commercial use, and heights of proposed buildings. The Committee has a desire for step backs, and this could be part of the site plan review for projects. Bridger McGaw, Precinct Town 6 Meeting Member, and member of the Economic Development Advisory Committee, asked what the amount of funding is threatened by non-compliance. Ms. McCabe noted that, through non-compliance, the State can then choose not to fund any State grant it so chooses. The State has stated that there are three specific grants that the Town would not even be able to apply for, but other funding could also be at stake. The Town has received some of these grants previously. Thus, there is not a specific number known at this time. Another issue with noncompliance is that private property owners would then have standing to bring litigation against the Town for the ability to construct multifamily housing, without the proper zoning in place. Mr. McGaw noted that specific financial examples should be presented as part of this proposal. Pam Hoffman, Precinct 7 Town Meeting member, stated that, while she was initially interested in this proposal with buildings the height of Lexington Place, she is not interested in 4-, or 5- story buildings. She noted that this does not need to be passed at this Annual Town Meeting but could also wait until fall or next year. She stated that she believes this Article tries to do too much all at one time. The Center could potentially be rezoned separately from this proposal with additional controls. She believes the Town should start smaller to meet the State requirements and use its other zoning tools to meet other needs. Doris Wong, 12 Drummer Boy Way, echoed comments by Ms. Hoffman. She stated that she would not have advocated for buildings around Town, if she had known they might be the height presented this evening. She is in favor of rezoning land in Town to allow for multifamily housing but believes the Town can fulfill the quota without 4- and 5- story buildings. Larger multifamily housing buildings will put more strain on Town services. She favors this item going to a Town referendum. Jay Luker, 26 Rindge Avenue, stated that he has heard numerous people speak in support of this proposal and does not believe that was well represented during the presentation. Tad Dickenson, 48 Hancock Street, agreed that Town Center should not be included in this proposal. He asked why Town Center should be controlled by as-right zoning, instead of through other Town inputs. The additional students that may come into Town from some of this zoning could lead to additional burdens on the tax system. This zoning also proposes to move commercial areas in Town and there should be a review of this commercial balance. This proposal should be reduced to only 50 acres and expended in the future, if need be. Ms. McKenna asked how many units are planned for the 127 additional acres proposed. She asked if the Planning Board has prepared a plan that would show compliance using the minimal numbers. She also asked how many existing properties in Town are 70’ or taller. She asked if the Town Meeting vote could somehow consider each of the overlay districts separately.  Presentation - ATM 2023 Article 36: Amend Zoning Bylaw and Map - Central Business District Mr. Peters noted that Article 25 will be referred back to the Planning Board. Mr. Peters explained that Article 36 looks to add the Center parking lot, a sliver of property near the Historical Society, and even out the District by adding the Depot Square and the property along Raymond Street and Clarke Street. Ms. Barry noted that some of the properties in this proposal were previously intentionally placed in the GC Zone. She asked the process regarding moving these into the CD District, especially Emery Park. Ms. McCabe noted that there are no plans to develop some of these areas, the intention was to even out the District and make it match Article 34. N o matter what happens with Article 34, the maximum height in the Central Business District is 25’. This Article does not look to change that. Mr. Dickenson stated that he believes this proposal could be seen as being very deliberate in making this area part of the Business District to facilitate development. Therefore, he believes this is putting Emery Park at risk by moving it to the CD District.  Presentation - ATM 2023 Article 37: Amend Zoning Bylaw - Action Deadline for Major Site Plan Review Mr. Peters stated that Article 37 looks to extend the plan review deadline for a major site plan review. Currently, both minor site plan and major site plans require a decision being rendered within 60 days. For major site plan reviews, the proposal is to increase this deadline to 150 days. Mr. Lucente asked about the large jump proposed in this Article. The Town has previously heard from developers that it can be difficult to work with, and he is concerned this could be seen as an additional delay. Ms. McCabe noted that this is proposed to be consistent with the Planning Board’s deadlines for special permits and subdivision regulations, which is five months.  Presentation - ATM 2023 Article 38: Amend Zoning Bylaw - Minor Modifications to Approved Permits Mr. Peters stated that Article 38 is for the ZBA and Planning Board to approve minor modifications at a public meeting versus a public hearing. This is for projects already approved and permitted, and for changed considered minor modifications.  Presentation - ATM 2023 Article 39: Amend Zoning Bylaw - Technical Corrections Mr. Peters stated that Article 39 deals with technical corrections, both scrivener’s errors and to clarify certain definitions.  Planning Board Feedback - ATM 2023 Article 40: Amend Section 135 - 4.4 of the Zoning Bylaw-Reduce Residential Gross Floor (Citizen Petition) Mr. Cataldo stated that the proponent for this Article has stated that he has reached out to local builders and developers in continued outreach. Mr. Cataldo clarified that, while he and other builders in Town received an initial email from the proponent, their response emails asking for more information have not been answered. No contact has been received from any of the other builders he has spoken to. This Article should be withdrawn and considered in the Planning Board’s workplan. A revision to this Article was submitted today from the proponent and will be included in the Board’s next meeting packet.  Planning Board Feedback - ATM 2023 Article 33: Amend Zoning Bylaw - Special Permit Residential Development This item was not directly discussed at this time.  Select Board Article Discussion and Positions The Select Board took initial positions on some of the 2023 Annual Town Meeting articles as follows: Article 3: all in favor Article 10o: 1 wait, 4 in favor Article 6: all in favor Article 10p: all in favor Article 7: all in favor Article 10q: all in favor Article 8: all against Article 10r: all in favor Article 10a: all in favor Article 24: all in favor Article 10b: 3 waits, 2 in favor Article 25: 3 waits, 2 in favor Article 10c: all in favor Article 26: 3 waits, 2 in favor Article 10d: all in favor Article 28: 4 waits, 1 in favor Article 10e: 1 wait, 4 in favor Article 29: 4 waits, 1 in favor Article 10f: 1 wait, 4 in favor Article 30: all in favor Article 10g: 2 waits, 3 in favor Article 31: all in favor Article 10h: all in favor Article 32: all in favor Article 10i: 2 waits, 3 in favor Article 34: 3 waits, 2 in favor Article 10j: all in favor Article 35: refer back Article 10k: all in favor Article 36: 4 waits, 1 in favor Article 10l: all in favor Article 37: 1 wait, 4 in favor Article 10m: 3 waits, 2 in favor Article 38: 1 wait, 4 in favor Article 10n: all in favor Article 39: all in favor  Select Board Report to Town Meeting Ms. Hai reminded the Board to submit their respective sections of the report to Ms. Katzenback. DOCUMENTS: Art2revised, Art 29 Revised 2.16.23, Art 31 Fair trade -fur presentation, Art 31 Fair trade -fur motion, Art 34-39 motions (PB), Art 34-39 Summary of PBArticles for TM, Art 34-39 Presentation, Select Board Working Document - Positions 2023ATM 9. Discussion of Naming of Fire Headquarters for Ken Donnelly The Board took up this item at this time. Ms. Hai explained that the Select Board discussed/approved naming the Fire Headquarters in May 2022 the Kenneth J. Donnelly Fire Headquarters. The Firefighters Union has scheduled a ceremony for April nd 2 and this discussion will be related to the ceremony and final details on how the Fire Station naming will be commemorated and any other related issues. There was discussion regarding the Board cosponsoring the ceremony and the plaque proposed. Ms. Hai noted that she wants it to be clear that the Town is supportive of this ceremony and there will be an offline discussion regarding which Board members are available to attend. 6. ARPA Requests – Technology for Town Meeting and Select Board Meeting Room Mr. Malloy explained that the first request is to fund up to $20,000 for handheld tablets for Town Meeting members to use during Town Meeting. These will be used only at Town Meeting and will be checked out similar to the old clickers but will use the new voting system that has been in use for the past several Town Meetings. The cost is based on approximately $80 per unit and 200 units, totaling $16,000 plus any contingency in case other equipment is needed. The second request is for additional funding for the Select Board Meeting Room so that it can continue to be used for hybrid meetings in the future. This request is also for $20,000. The Board discussed the proposed equipment for the Select Board Meeting Room. Ms. Hai noted that she heard there will likely be an extension of the State’s emergency order to the end of this year. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the use of $20,000 from ARPA funds for tablets and related expenses for Town Meetings; Further, to approve the use of $20,000 from ARPA funds to complete the technology build-out of the Select Board Meeting Room. 7. Authorize Town Manager to Accept Bids for Community Choice Program Ms. Hai stated that the Town will be opening final bids for the Community Electric Aggregation Program (Lexington Community Choice) on February 28, 2023. The bid needs to be awarded that day and contracts signed, in order for it to be effective. The Board approved indicative pricing, which is confidential, in executive session previously this evening. The Town Manager will need to be authorized to execute contracts the day of the bid opening. Mr. Malloy noted that the lowest supply rate is the Small Commercial & Industrial Rate which over the past two years averaged $0.171535 per KwH. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to authorize the Town Manager to execute an aggregation supply agreement if the price is below $0.15 per KwH. DOCUMENTS: Eversource Published Rates (Source: mass.gov) 8. Select Board Liaison Assignment to Ad Hoc Transportation Committee and Select Board Member Appointment to Lexington Affordable Housing Trust Board of Trustees VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to assign Joe Pato as liaison to the Ad Hoc Transportation Committee; Further, to appoint Mark Sandeen as member of the Lexington Affordable Housing Trust Board of Trustees for a 1-year term to expire June 30, 2024. DOCUMENTS: Ad Hoc Transportation Committee Charge , CreationofHousingTrustBylaw-STM2022- 3Article12Motion, 2022-2023 Select Board Liaison Assignments 9. Discussion of Naming of Fire Headquarters for Ken Donnelly This item was previously addressed. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the meeting at 10:30pm. A true record; Attest: Kristan Patenaude, Recording Secretary