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HomeMy WebLinkAbout2023-03-20 SB-min Select Board Meeting March 20, 2023 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, March 20, 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. CONSENT AGENDA 1. Select Board Appointment of Town Counsel  Anderson & Kreiger LLP To appoint Anderson & Kreiger LLP as Town Counsel for the Town of Lexington, with Mina S. Makarious serving as Town Counsel, for a one-year term to expire March 31, 2024. 2. Select Board Committee Resignation  Lexington Housing Assistance Board (LexHAB) - Donna Leary To accept the resignation of Donna Leary from the Lexington Housing Assistance Board (LexHAB) effective immediately. DOCUMENTS: Resignation Letter - D. Leary 3. Appoint Select Board Member to Nominating Committee for the Executive Board of the Cary Memorial Library Board of Trustees To appoint Select Board Member Mark Sandeen as the Select Board Representative on the nominating committee for the Executive Board of the Cary Memorial Library Board of Trustees. DOCUMENTS: 2023 Cary Library Trustees Nominating Committee Letter 4. Approve and Sign Proclamations  Autism Awareness and Acceptance Month  National Public Health Week  National Public Safety Telecommunicators Week To approve and sign proclamations to annually recognize the month of April as Autism Awareness and Acceptance Month and to commemorate National Public Health Week from April 3, 2023 to April 9, 2023 and National Public Safety Telecommunicators Week from April 9, 2023 to April 15, 2023. DOCUMENTS: 2023AutismAwareness and Acceptance Month Proclamation, 2023 National Public Health Week Proclamation, 2023 National Public Safety Telecommunicators Week Proclamation VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2023 Annual Town Meeting  Motion - ATM 2023 Article 21: Amend FY2023 Operating, Enterprise and CPA Budgets  Revised Motion - ATM 2023 Article 40: Amend Section 135 - 4.4 of the Zoning Bylaw- Reduce Residential Gross Floor (Citizen Petition)  Approve Select Board Report to Town Meeting  Select Board Article Discussion and Positions The Board discussed its Select Board report. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Select Board Report to 2023 Annual Town Meeting as presented, subject to any Scrivener’s errors to be corrected. The Board reviewed its Article positions. Regarding Article 10b, Mr. Lucente and Ms. Barry noted that they are now in support. Regarding Article 10i, Mr. Pato and Mr. Sandeen stated that they are still waits on this item. Regarding Article 10m, Ms. Hai and Mr. Lucente changed their positions to nays on this item. Regarding Article 16i, Ms. Hai stated that, in February 2022 a project was presented that included solar and the Board stated that it wanted to remove solar from the project at that time to allow for further approvals. The project sent forward to that Town Meeting included groundwork for the solar infrastructure. An FAQ for the project at that time, specified that solar would likely come along in fall 2022. She stated that she does believe there has been due diligence to bring public awareness to this item, however, when the project was last brought forward in January, the Board noted it was unhappy with the lack of direct abutter notification at that point. An initial listening session was held recently, and a second session may be planned. Mr. Malloy stated that, after the last listening session, Mr. Cronin spoke with the architect and asked if it was possible to lower the height of the canopy. Mr. Malloy stated that he believes the height was raised because the Historic Districts Commission wanted to be able to see through the structure. The structure can be lowered, but the arches need to maintain a height of 14’ 6”, minimum, leading to a potential reduction of approximately 2.5’. Mr. Cronin has been working to coordinate with the HDC, the Permanent Building Committee, and Sustainable Lexington to have a meeting on this proposal. Mr. th Dugan is also working to set up another meeting with abutters on April 4 at 6pm to discuss this proposal. Mr. Malloy suggested that two Select Board members, Mr. Lucente and Mr. Sandeen, also attend the abutters meeting. Ms. Hai noted that other Select Board members may also want to attend the meeting. The Board members agreed that they are all still waits on this item. Regarding Article 21, the Board noted that it was unanimously in favor. Regarding Article 25, it was noted that an amendment has been submitted to exempt properties, including multifamily housing. There was discussion regarding the amendment and the process for amendments to Warrant Articles. The Board members who were previously waits agreed to stay with that position at this time. The Board did not take positions on the amendment at this time. Regarding Article 28, Ms. Barry changed her vote to a yes. Ms. Hai and Mr. Lucente stayed as waits. Regarding the proposed amendment on Article 32, Ms. Hai explained that this would insert language for ‘no more than two dwellings,’ rather than the original language. Charles Hornig, 18 Bacon Street, and a proponent of the original Article 32 stated that the main concern with this amendment is that it would permit connections only for dwellings. This is an unreasonable limitation. It is a limitation not applied anywhere else in Town. This was suggested without consultation with the original proponents. Mr. Pato suggested language to read ‘two connections,’ instead of ‘two dwellings.’ Mr. Hornig stated that this type of language potentially could be worked out but should have been addressed prior to this amendment being suggested. He stated that he does not view this as a friendly amendment. Mr. Hornig stated that he is unaware of any other property in Town, where a condition has been made to connect through the Town's sewer system. He stated that he takes exception with his family’s ability to connect to the sewer system being constrained in this way. Anyone else in Town is permitted to connect a legal use to the sewer system. The Board agreed that it was unanimously opposed to the amendment, as written. Regarding Article 36, Ms. Barry changed her position to a yes. DOCUMENTS: Art19 motion revised, Art21 motion, Proposed amendment Art 32, Art40 revised motion, DRAFT 2023 Select Board Report for approval, DRAFT 2023 Select Board Report redlined from 3-13-2023 meeting, Select Board Working Document - Positions 2023ATM, Moderator's Proposed schedule for ATM 2023 (as of 3-15-2023) 2. Approve Electric Vehicle (EV) Charger Overnight Parking Regulation Mr. Malloy explained that, as discussed at the previous two Select Board meetings, the Board had requested that an amendment to the overnight parking regulations be presented to the Select Board for consideration to allow overnight parking at EV Chargers and for the time and parking rates to be consistent with the adjacent parking areas. He stated that, in order to allow EVs to be parked at charging stations between 8pm and 8am, the Board only needs to amend Section 192-23 by adding the following at the end of the paragraph, “with the exception of vehicles parked at municipal EV charging stations in which there will be no time limitation between 8:00PM and 8:00 AM.” VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to amend Section 192-23 by adding the following at the end of the paragraph after the word, capacity: ", with the exception of vehicles parked at municipal EV Charging Stations in which there will be no time limitation between 8:00 PM and 8:00 AM." ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 6:37pm. A true record; Attest: Kristan Patenaude Recording Secretary