HomeMy WebLinkAbout2023-04-03 SB-min
Select Board Meeting
April 4, 2023
A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, April 3, 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; 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. Town Manager Committee Reappointment
Conservation Commission - Jason Hnatko
To reappoint Jason Hnatko to the Conservation Commission for a term set to expire on March 31, 2026.
DOCUMENTS: J.Hnatko application
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Preliminary Request for Reenactment of 200th Anniversary of Lafayette's Visit to Lexington
Marsha Baker, Lexington Historical Society Lexington Historical Society explained that the Society’s
proposal to have a Reenactment of 200th Anniversary of Lafayette’s Visit to Lexington in 2024. The
proposed location is the Lexington Battle Green, likely in the early afternoon. The event will likely run
from 30 minutes – 1 hour. There will be multiple opportunities for other Lexington organizations to
nd
partner on this event. This is being planned for September 2. The group will formally submit a Battle
Green Use request for Select Board approval once they have compiled all the event details.
The Board expressed interest in supporting this event as it moves forward.
DOCUMENTS: Presentation - Proposal for Reenactment of 200th Anniversary of Lafayette's Visit to
Lexington
2. Update on Select Board Committee Recruitment for May 2023 & Current Status of Committee
Database
Ms. Hai noted that the Board usually moves through three general recruitment cycles each year.
Ms. Katzenback explained that the Select Board Office is gearing up for the next board/committee
recruitment to fill the current vacancies listed on the Town website. The Office will be following the same
procedures for recruitment and appointments as done in the past year. Staff is working with the Director
of Communications/Special Projects to alert the community of the recruitment through Town News &
Alerts, Link to Lexington, the TMMA list and social media channels. The Chief Equity Officer has also
been included to reach various cultural groups. Applications will be sent to the Board for review with a
target date of May 22, 2023 for any appointments.
Ms. Katzenback explained that the IT Project Manager, the Town Clerk's Office, and the Select Board
Office have been working on a project to migrate to a new tool for the management of board and
committee memberships: Granicus Boards and Commissions Management product. She reviewed product
highlights. The current serving committee data detail was imported into Granicus this past week and is
now going through the validation process. There will be a live product training session, via Zoom,
targeted to be scheduled in April/May to train database administrators. Ultimately, the target is for this
new system to be up and running by the end of this summer.
The Board thanked all involved with this process.
DOCUMENTS: Product Brochure- Granicus Boards & Commission Management
3. 2023 Annual Town Meeting - Select Board Article Discussion and Positions
The Board discussed Articles 33 and 34. The Board agreed to take positions on these Articles at its April
10, 2023 meeting.
DOCUMENTS: Select Board Working Document - Positions 2023ATM, Moderator's Proposed ATM
schedule as of March 30, 2023, Art 33 revised motion 4.3, Art 33 Proposed Amendment Arens, Art 33
Proposed Amendment Jensen/McBride, Art 33 Proposed Amendment Jensen/McBride redlined, Art 34
Proposed amendment Zabin, Art 34 Proposed amendment Burger
4. Appoint the Permanent Building Committee and Sustainable Lexington Committee to an Ad Hoc
Committee to Review and Update the Integrated Design and Construction Policy & Consider
Amending the Policy
Ms. Hai stated that the Select Board and School Committee need to jointly appoint a Committee to update
the Integrated Building Design and Construction Policy. The Permanent Building Committee and
Sustainable Lexington have been working cooperatively on this update and Mike Cronin and Maggie
Peard have indicated they are making great progress. Julie Hackett has been asked to have the School
Committee formally vote to appoint these two existing Committees as the Committee to update the
Integrated Building Design and Construction Policy.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to designate the
Permanent Building Committee, Sustainable Lexington, Director of Public Facilities and the
Sustainability and Resilience Officer as the Committee to review and make recommendations on updates
to the Integrated Building Design and Construction Policy.
DOCUMENTS: Policy
5. Discuss Noise Complaints at 69 Pleasant Street
Ms. Hai explained that the Select Board and Town Manager have received noise complaints regarding the
69 Pleasant Street project related to blasting, pneumatic hammering, and rock crushing/processing
operations. The Fire Department and State Fire Marshall's Office have indicated all blasting work has
been within the Town's Bylaws and State Regulations. The abutters have also raised concern about the
time of rock crushing/processing operations. The bylaw has two different start times for different
operations, at either 7 AM or 9AM. Jim Kelly, Building Commissioner has determined the rock crushing
operations are within the provisions of the bylaw and has pointed out the difference between breaking
rock using a Pneumatic Hammer and Rock Crushing Machine.
Jim Kelly explained that the Fire Chief and Assistant Fire Chief have been visiting nearby residents to
help them understand the blasting process. The State Fire Marshal's Office has been invited to the site to
make sure that the blasting is compliant, safe, and not harmful. Another issue has been rock breaking,
crushing, hammering, and drilling. Rock hammering is a process that is limited to between 9am-5pm,
instead of 7am-5pm, as for rock crushing. The bylaw that speaks of hammering is speaking of pounding
and breaking of a rock or ledge.
Ms. Hai stated that she believes some of the residents’ concerns are coming from the language in Section
80-4.A.III of the bylaw which states that, ‘in addition to the above restrictions, blasting and the use of
powered equipment used in the breaking of rock and pavement, including but not limited to, hydraulic or
pneumatic hammers…will also be limited weekdays between 9AM-5PM.’
Mina Makarious, Town Counsel, explained that the language ‘including but not limited to,’ is just an
example and could include broader items. The language ‘breaking rock and pavement’ has an understood
usage in in the construction industry, and the word ‘crushing’ exists elsewhere in the bylaw. There is an
ambiguity in this bylaw, but courts would likely look to definitions in the industry to make a
determination.
Ms. Hai asked about the potential for refining this bylaw and, in the meantime, what the path is for
concerns and complaints by residents. Mr. Malloy explained that enforcement is either through Mr. Kelly,
or the Health Director. The Health Director has authority under State law to enforce State noise laws. Ms.
Hai suggested an enforcement flow chart to be placed on the Town webpage in order to help residents
know where best to direct certain concerns or complaints.
Mr. Pato stated that he believes the bylaw needs clarification. The development in question is a larger
development on ledge that effectively appears to neighbors as a rock quarry, due to the amount of work
that needs to occur. While clarification would help, it may not address the concerns in this case.
Mr. Makarious stated that he believes the noise bylaw would benefit from a more comprehensive review.
Mr. Sandeen noted that the current noise bylaw prohibits noise 10dBA over ambient. This requires the
Police Department to measure noise levels ahead of time and afterward, leaving the bylaw essentially
unenforceable. He would like to find another test that is enforceable.
Ms. Hai stated that the Board collectively would like a legal overhaul or a legal forensic review of the
bylaw, with a potential comparative to other communities. Also, a clarified process drafted for residents
to understand the level for potential enforcement and relief. Mr. Malloy stated that staff will work on this
item, with hopes to have it prepared before fall Town Meeting.
DOCUMENTS: Noise Bylaw, Article 27 of 2020 Presentation
ADJOURN
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the
meeting at 7:07pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary