HomeMy WebLinkAbout2023-03-13 SB-min
Select Board Meeting
March 13, 2023
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, March 13, 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.
PUBLIC COMMENTS
Sally Lehman, 6 Sherman Street, expressed concern regarding the Police Station solar canopy project.
She stated that she only recently become aware of this project. She does not think that a covered parking
structure fits into the Historic District landscape. The size of the currently proposed structure is well
beyond what is appropriate for the neighborhood and will materially impact the quality of life of
homeowners whose property abuts the construction area, not to mention home values. There will be a
neighborhood meeting tomorrow night that will include the Town Manager, Director of Public Facilities,
and Police Chief, to allow for residents to learn more about the project, ask questions, and provide input.
As this meeting is not happening until tomorrow, she requested that the Select Board not include this
project in this evening's motions.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Announcement: The Town held a topping off ceremony for the new police station
building on Wednesday, March 8, 2023!
DOCUMENTS: Select Board/Town Manager Topping Off Ceremony
2. Select Board Member Concerns and Liaison Reports
Ms. Hai noted that it is time to appoint a member from this Board to the nominating committee for the
Cary Library Trustees Executive Committee. Mr. Sandeen volunteered.
Mr. Pato stated that there have been resident concerns in the neighborhood around 69 Pleasant Street for
ongoing construction. He met with residents last Friday at 7:30AM to observe the impact to the
neighborhood. He noticed two items that seem outside of the noise bylaw, including rock crushing,
sifting, and loading onto trucks, and hole drilling for blasting at 8:00AM. Mr. Malloy stated that the
bylaw has two different time limitations, 7AM and 9AM. Jim Kelly’s, Building Commissioner, initial
review was that rock crushing was allowed after 7AM, but blasting and pneumatic hammering were not
allowed until after 9AM. After discussing this with Town Counsel, he would like to review this item with
Health Department staff and will make a determination within the next several days. Mr. Kelly went to
the site and noted that noise in the area was in the mid-70s decibels and did not go over 85 decibels, as the
Town’s bylaw states. It is still his opinion that the noise mitigation plan put in place by the builder is
operating as expected.
Mr. Pato noted that, if it is determined that drilling is not covered by the bylaw, his intention is to pursue
an amendment to the bylaw to include this.
Mr. Lucente stated that he attended a recent meeting held between the Sustainability Director and
landscapers in the community regarding landscaping equipment. There was concern expressed by those in
attendance regarding how the bylaw will be enforced and who will be a recipient of any fines that may get
levied, as this is not clear in the bylaw. He would like the Board to discuss this at any upcoming meeting.
Mr. Sandeen noted that the first meeting of the Affordable Housing Trust will occur on Wednesday, with
the main agenda item being to approve the Affordable Housing Trust Charter.
DOCUMENTS: Select Board Concerns and Liaison Reports - March 13, 2023
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Town Manager Malloy stated that he provided the Board with a draft letter regarding House docket 4047,
which provides a greater role for municipalities in terms of utilities.
He noted that another three-year agreement on the Community Aggregation for electric was signed by the
Town. Town Counsel has also sent email guidance regarding the Supreme Judicial Court’s free speech
ruling regarding the Town of Southborough, which he will share with the Board.
DOCUMENTS: Weekly Update 3-10-23
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Public Hearing: Flammable Fuel Storage License Amendment - William J. Dailey, Jr. and
Maryelene R. Dailey c/o Colbea Enterprises, LLC, 915 Waltham Street
Ms. Hai opened the hearing at 6:51pm and explained that the request to amend the Flammable Fuel
Storage License at 915 Waltham Street, Parcel 10-15. The site is an existing gas station which Colbea
Enterprises LLC will be redeveloping with a new gas station. The work to remove four underground
storage tanks is to begin July 1, 2023, followed by the installation of two new underground storage tanks
as follows:
1 - One compartment UST with capacity of 15,000 gallons for regular gasoline
1 - Two compartment UST with a capacity of 9,000 for Super Gasoline and 6,000 of Diesel Fuel
The application was reviewed by Fire, Building, Health, and Conservation department staff who had no
objections to the application.
Huseyin Sevincgil, Greenman-Pedersen, Inc., stated that the location has an existing fuel storage license
that has more volume than what is being proposed. This is an amendment to reduce is already allowable.
Mr. Sandeen asked if there has been any soil testing on the site to determine potential contamination. Mr.
Sevincgil stated that when the existing tanks are removed there will be soil testing done and any
contaminated soil will be remediated at that time. He is not aware of any testing done to date.
Ms. Hai closed the public hearing at 6:54pm.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to amend the
Flammable Fuel Storage License effective July 1, 2023 for William J. Dailey, Jr & Maryelene R. Dailey
c/o Colbea Enterprises LLC at 915 Waltham Street, Parcel 10-15 for the storage, operation, and
maintenance of flammable and combustible storage as presented.
DOCUMENTS: Amendment Application
2. Public Hearing: Wine & Malt Restaurant Liquor License - The Vintage Tea and Cake Company
LLC, 21 Muzzey Street
Ms. Hai opened the hearing at 6:55pm and explained that The Vintage Tea and Cake Company LLC has
submitted all the necessary paperwork requesting a new restaurant wines and malt beverages liquor
license to serve alcohol, within the allowable hours under the Select Board Alcohol Regulations for
Restaurants, for The Vintage Tea and Cake Company at 21 Muzzey Street. The legal notice was
published in the March 2, 2023, Lexington Minuteman newspaper and the abutters were noticed as
required. The restaurant floor plan is included in the Liquor License application.
Building, Zoning and Health Departments have reviewed this application and have no objections to the
Liquor License application. The applicant must obtain all required municipal permits for the restaurant.
The Select Board approved the Vintage Tea and Cake Company’s Common Victualler Restaurant License
at their January 9, 2023 meeting. Their current hours of operation are 9:00am to 5:00pm Monday through
Friday, and 9:00am to 7:00pm Saturday and Sunday.
Ms. Hai closed the public hearing at 6:56PM.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to the
application from The Vintage Tea and Cake Company LLC d/b/a The Vintage Tea and Cake Company
located at 21 Muzzey Street for a Restaurant Wines and Malt Beverages Liquor License for 7 days/week
11:00am-12:00 midnight, with Idil Donegan as Manager on Record for the liquor license and, once the
application has also been approved by the ABCC, issue a Restaurant Wine and Malt Liquor License to
The Vintage Tea and Cake Company LLC d/b/a The Vintage Tea and Cake Company located at 21
Muzzey Street.
DOCUMENTS: Application - Wine and Malt Common Victualler Liquor License, Board of Selectmen
Alcohol Regulations for Restaurants
3. Presentation - Updated Draft of Hartwell Area Transportation Management Overlay District Plan
Sheila Page, Assistant Planning Director, explained that the Town's Transportation Management Overlay
(TMO) District zoning requires projects over a certain size to either meet certain traffic criteria or to
participate in TMO mitigation, which is aimed at improving traffic management. The Hartwell TMO was
developed in 2010 and needs to be updated. This plan focuses on policy and regulation framework,
regarding how to help developers reduce single occupancy vehicle trips, how to improve mobility,
accessibility, and safety of users, how to make it easier for potential employees to get to the area, and how
to mitigate the negative impacts on the surrounding neighborhoods. A report from Nelson/Nygaard
Consulting Associates found that 46% of all trips ending in the area were for work purposes, and the
average trip was 14 miles, but some come from as far as 50 miles away. A survey found that 81% of trips
were occurring by car, and 28% of respondents stated that they would take well-run transit. There is a lot
of existing parking in this District, with five parking spaces per thousand, with much of the parking
remaining open. There is interest in biking in this area, if there are separate bike lanes, but there is less
interest in walking in the area, unless there is a safe separate network. The current plan requires at least
85% reduction of single occupancy vehicle trips, with the new goal being 82% based on 10% less than
census data, with a possible adjustment being made this year. Currently, the parking in the District
follows the regular regulations. The intention of this plan is to change this requirement, so that every
parking space over the maximum will require a fee. The parking ratio is also being considered for
amendment. The current plan requires a Parking and Transportation Demand Management Plan, and there
are some amendments being considered to it. A proposal for a parallel application project process is
proposed, in which the Planning Board will initially approve the Parking and Transportation Demand
Management Plan, during site plan review. Once approved, minor adjustments to reporting and measuring
of performance will be taken over by staff.
Mr. Lucente asked what the goal will be for the funds proposed through this Plan. He asked how to
address the transit problem with this District.
Ms. Hai noted that previous plans encouraged shared parking lots. Ms. Page stated that developers like
that idea in theory, but also do not want their employees to have to commute very far.
Mr. Sandeen echoed Mr. Lucente’s questions regarding funding of this Plan. He would like to know what
the revenue is in real dollars and what it is proposed to be spent on. Currently 81% are driving to work,
per the survey, and the Plan looks to achieve 82%. it would appear that the current percentage is ahead of
the target. Ms. Page noted that each developer/property needs to hit the target, along with the District
itself. Mr. Sandeen stated that it he believes the target should be more than 10%, if the current percentage
is already so close to the goal.
Mr. Pato stated that the 10% census data figure will lead to a slow rate in reduction. In order for this to be
effective, it has to be coupled with substantive improvements in alternate modes of transportation in the
area. He stated that he is okay with changing the parking ratios to maximums, though he believes
minimums should also be set.
Ms. Barry echoed Mr. Pato’s comments.
Ms. Hai stated that she likes the idea that the 10% figure is to be used for now and once the rebuild
creates infrastructure that allows for an increase in multimodal transportation, this percentage will be
ramped up.
Bridge McGaw, Precinct 6 Town Meeting Member and President of the Watertown Transportation
Management Association, encouraged modeling over recent projects to make sure that the financial
investment from developers will carry the Town through for many years.
DOCUMENTS: Updated Presentation - 3/13/2023, Presentation - 2/28/2023, Background Memo, TMO
Plan
4. Presentation - Tourism Committee Recommendations for Zone B of Battle Green Master Plan
Carol Ward, Interim Chair of the Tourism Committee, presented the Tourism Committee
recommendations of use for Zone B of the Battle Green Master Plan, more commonly referred to as the
Visitors Center Lawn. These recommendations were unanimously approved at the Tourism Committee
meeting on December 15, 2022.
Ms. Barry stated that she would like to see these recommendations and the Battle Green policy
incorporated to make one clear, concise policy.
Mr. Sandeen and Mr. Lucente agreed to review and bring back a proposal to a future Board agenda for a
concise Battle Green Policy.
Dawn McKenna, 9 Hancock Street, noted that there should be a reference to a map of the approved,
delineated area of the Battle Green. She noted that furnishings that block the USS Lexington memorial
should be called out. Site specific signs may also need to be called out.
DOCUMENTS: Tourism Committee Recommendations for Zone B of Battle Green Master Plan
5. Lexington Bicycle Advisory Committee and Friends of Lexington Bikeways Request for
Proposed Courtesy and Safety Signs on the Minuteman Bikeway
Betty Gau, Chair of the Lexington Bicycle Advisory Committee (LBAC), stated that the LBAC and
Friends of Lexington Bikeways are requesting a set of proposed courtesy and safety signs to be placed
along the 5.5 miles of the Lexington section of the Minuteman Bikeway. There are 15-17 proposed sign
tiles which would be posted in pairs along the Bikeway. The Lexington Bicycle Advisory Committee
voted at its meeting on Thursday, January 12, 2023 to approve the signs and request a presentation to the
Select Board. There is interest from other Bikeway towns in this project.
Peggy Enders, Friends of Lexington Bikeways, explained that this project was originally started in the fall
of 2019, following the March 2019 death of the bicyclist on the Bikeway. The wayfinding signs appeared
adequate, but the safety signs were lacking.
The project has since been revived by the Chair of the LBAC last summer. The working group used a
local graphic artist to do the design work on the signs and the Friends of Lexington Bikeways have
covered costs of the work. It is hoped that some of these signs will make their way into the kiosks around
the Bikeway.
Mr. Pato stated that he hopes additional advisory speed signs will be placed along the route as a reminder
along the Bikeway.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
set of proposed courtesy and safety signs to be placed along the 5.5 miles of the Lexington section of the
Minuteman Bikeway as presented.
DOCUMENTS: Presentation - Minuteman Bikeway Courtesy & Safety Signs, LBAC Letter -
Minuteman Bikeway Safety Signage
6. Presentation - Wayfinding Signage in East Lexington
Sandhya Iyer, Economic Director, explained that this project began through the State’s Local Rapid
Recovery Grant. This is a three-town project, for Lexington, Arlington, and Bedford.
Jeff Dawson (consultant) explained that this is a three-phase project. The goal is to create a creative
signage and wayfinding system to direct bike riders to businesses. The project looks to design and install
map kiosks near major Bikeway access points to the business areas, to hopefully increase the number of
people exiting the Bikeway to use those businesses. In East Lexington, five types of signs are proposed,
such as identity signs, kiosk signs, and directional signs. A consistent branding identity is proposed to be
used on all of the signs. Ms. Iyer noted that QR codes will be included that lead back to a business listing.
Mr. Pato asked if this has been run by the Historic Districts Commission and Design Advisory
Committee, as he would like to see this project possibly expanded to places that intersect with the
District. Ms. Iyer stated that she has not been before either group but has had conversations with the
Center Committee.
Mr. Sandeen stated that he likes this presentation and the previous one made regarding signage and would
like to see them be consistent if possible. He asked if this has been run by the Bicycle Advisory
Committee. Ms. Iyer stated that the signs have been presented to the group, but not yet approved. The
intention was to expand the project and use similar sign colors. The branding aspect of these signs is new.
Ms. Barry suggested that extra attention be taken to street names and proper spelling on these signs.
Mr. Lucente stated that there should be coordination with the groups previously mentioned. There has
previously been discussion regarding connecting the East Lexington bike path to the businesses in East
Lexington, and he hopes there can be coordination and consistency in order to connect all projects.
Mr. Pato noted that there should not be any intersection with the logo settings for the Battle Roads Scenic
Byway.
Ms. McKenna agreed that consistency matters. She noted that the signs show a name of Minuteman
Bikeway, but the formal name is the Minuteman Commuter Bikeway. The new logo should be used on all
of these signs. She stated that this should be brought before the groups previously mentioned and the
Tourism Committee.
DOCUMENTS: Presentation
The Board took a short recess.
7. Request to Approve Plaque Design for Kenneth J. Donnelly Fire Headquarters
Ms. Hai stated that the Select Board is being asked to approve the design of a plaque in dedication of
Kenneth J. Donnelly for a naming ceremony for the Kenneth J. Donnelly Fire Headquarters. The Select
Board approved renaming the Lexington Fire Headquarters on May 23, 2022 to the Kenneth J. Donnelly
Fire Headquarters. The plaque would be 24"x36" and would be installed on the exterior of the Fire
Headquarters building. She noted that she through the previous approval had been for placement on the
interior of the building.
Chris Lively, Vice President of Lexington Fire Fighters Local 1491, stated that the plaque is proposed to
be placed next to the door for the antique fire engine, as this is the main walk to the entrance of the
building. This area already has accent lighting. This location was chosen partly for its symbolic nature, as
Kenny Donnelly was the cornerstone of this Local. This location would allow everyone to know his name
and his titles.
Mr. Lucente stated that he was surprised there is no mention of Kenny Donnelly’s time as a Lexington
firefighter. Mr. Lively stated that this may have gotten lost in the design.
Ms. Barry agreed that she believes this was originally proposed interior to the building. She noted that she
is okay with it being exterior, subject to Historic Districts Commission approval.
There was agreement from the Board regarding adding information about his role as a Lexington
firefighter should be added to the plaque.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
attached design of the plaque and dedication to Kenneth J. Donnelly, as amended to include the role of a
Lexington firefighter and subject to approval by the Historic District Commission, to be installed on the
exterior of the headquarter building.
DOCUMENTS: Draft Design of Kenneth J. Donnelly Plaque, Taped Outline for Kenneth J. Donnelly
Plaque Placement, Taped Outline for Kenneth J. Donnelly Plaque Placement - Closeup
8. Approve Parking Regulation Amendment for Electric Vehicle (EV) Chargers
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Ms. Hai stated that, per the discussion at the March 8 Board meeting, the proposed amendment to
Section 192-23 of the Code of Lexington adds a provision to allow EVs to be parked overnight at the EV
chargers in parking lots. All other rules and regulations for parking apply.
The second item being requested is to make the timing and rate equal at the EV chargers as it is in the
general parking area under the same terms and conditions. The change recommended will make the
parking rate/times consistent with other parking areas.
Ms. Barry stated that an email regarding Section 192-40 approvals from 2019 is not the same Section
192-40 available on the website. She stated that she is not comfortable voting on this item at this time.
Mr. Malloy explained that there was originally concern as to whether or not EV vehicles could park at EV
chargers overnight. The Code was very specific that they could not. In trying to address that issue, it
became clear that all of Section 192 needed to be reviewed. It is unclear why the changes made in 2019
were not updated in the Code. Mr. Pato also addressed other inconsistencies in Section 192 regarding
parking rates. The Board could consider addressing only the overnight parking item this evening, as some
of the other concerns have already been voted on but simply not updated in the Code.
Ms. Barry stated that she is okay with asking Town staff to include the previously approved changes into
Section 192. She will be willing to discuss this topic next Monday if those changes are included by that
time.
Mr. Lucente asked if the regulations could be checked overall for other past updates that may not have
been included. Mr. Malloy noted that these can be reviewed by checking through over 50 years’ worth of
meeting minutes, or the Board could decide to take the current document and update it based on what is
currently in place. Mr. Lucente stated that he does not agree with modifying what is currently in hand,
without fixing the fact that items were potentially updated in the past and not included. He noted that he
has also seen Town Meeting votes that have altered items which are also not showing up in the Code.
Mr. Pato stated that he believes there are inconsistencies in other areas of the Code. Regarding the item at
hand, he stated that the current enforcement practice should be collected, and a new parking code should
be written from it, rather than trying to reconstruct what occurred over the years. Ms. Hai agreed but
stated that additional forensic work is needed to determine what sections need updating.
The Board agreed to take up this topic again next Monday, assuming that the changes are updated to the
Code. An additional conversation regarding the process for Code updates should be placed on a future
agenda.
DOCUMENTS: EV Charging Parking and Rates Updated 3-8-23
9. 2023 Annual Town Meeting
Motions:
o ATM 2023 Article 7:Appropriate to Affordable Housing Trust
o ATM 2023 Article 13:Appropriate for Water System Improvements
o ATM 2023 Article 14:Appropriate for Wastewater System Improvements
o ATM 2023 Article 16:Appropriate for Public Facilities Capital Projects
o ATM 2023 Article 20:Appropriate for Prior Years' Unpaid Bills
o ATM 2023 Article 23: Establish Special Education Reserve Fund
Discussion on Consent Agenda
The Board reviewed the Consent Agenda.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
consent agenda for the 2023 Annual Town Meeting, as presented.
Review Draft Select Board Report to Town Meeting
The Board reviewed the draft Select Board report. This will be considered for a vote next week.
Select Board Article Discussion and Positions
The Board discussed Article 9, Revolving Funds. The Board was unanimous in agreeing to recommend
this Article.
Regarding Article 10b, Ms. Barry and Mr. Lucente agreed to remain waits at this time.
Mr. Pato noted that he will not be recommending Articles 10e and 10f. He stated that, while legal, he
cannot see the application of public funds to fix property that is owned by a religious institution.
Regarding Article 10i, Mr. Pato and Mr. Sandeen agreed to remain waits at this time.
There was unanimous support for recommending all items within Article 12.
Mr. Pato noted that Article 16j has been adjusted. He no longer needs to recuse himself and is in favor.
It was noted that the Board was unanimously in support of recommending Article 19, Article 26, and
Article 29.
The Board discussed Article 36. Mr. Lucente stated that he is now a yes on recommending this item.
DOCUMENTS: Art 7 affordable housing motion, Art 13 water system motion, Art 14 wastewater
motion, Art 16 facilities capital motion, Art 20 unpaid bills motion (IP), Art 19 stabilization motion, Art
23 Spec ed motion, Art 26 Municipal stretch code motion revised, Proposed consent agenda draft, Select
Board Working Document - Positions 2023 ATM, DRAFT Select Board Report to 2023 ATM
10. Approve Collective Bargaining Agreement – Public Employee Committee
Ms. Barry recused herself from this item.
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Mr. Malloy explained that, per the discussion on March 8, during an executive session, the Town has
negotiated a new agreement with the Public Employee Committee on health insurance and will not be
making any substantive changes to the current agreement. This agreement is good through 2025.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to authorize the
Town Manager to execute the agreement between the Town of Lexington and the Public Employee
Committee for the period 2023-2025.
ADJOURN
Mr. Pato noted two tracking items, the Battle Green Area B policy and the Code of Lexington accuracy
and process for updates. Ms. Hai also noted tracking items for the enforcement of the noise bylaw and the
enforcement of leaf blower violations.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the
meeting at 9:43pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary