HomeMy WebLinkAbout2023-05-08 SB-min
Select Board Meeting
May 8, 2023
A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, May 8, 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, Mr. Lucente, 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.
Executive Clerk Kim Katzenback called the meeting to order at 6:30pm. She amended the order of the
agenda to take up the reorganization of the Board as the first order of business.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Reorganization of the Board
Ms. Hai nominated Mr. Pato as Chair of the Select Board. There were no other nominations. Ms.
Katzenback closed the nominations and asked for a vote on the nomination.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to elect Joe Pato as Chair of
the Select Board.
Mr. Lucente nominated Ms. Barry as Vice Chair of the Select Board. There were no other nominations.
Ms. Katzenback closed the nominations and asked for a vote on the nomination.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to elect Suzie Barry as Vice-
Chair of the Select Board.
Mr. Pato took over as Chair for the meeting at 6:35pm. He thanked the Board for its support in his
nomination and Ms. Hai for her last two years acting as Chair of the Board.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Mr. Pato noted that included is a report from the Ad Hoc Transportation Committee. At its May 3, 2023
meeting, the Committee voted to support the Transportation Advisory Committee's proposal, which was
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previously submitted to the Board on March 10, to restructure fares for FY24. The Board was in
agreement to address this item on a near-term agenda.
The Board had no objections to requesting that the liaisons to the Housing Trust and the Housing
Partnership boards investigate the linkage fee homerule petitions and provide feedback to the Board.
Mr. Lucente noted that every household in Lexington should have received a postcard with a bag for the
Stamp Out Hunger program. This is a largest food drive each year for the Lexington food pantry and
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occurs on May 13. Mr. Lucente also thanked Ms. Hai for her work for the Board as Chair over the past
years.
DOCUMENTS: Correspondence Secretary Report - May 8, 2023, Select Board Concerns and Liaison
Reports - May 8, 2023
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy stated that the Town has hired a new Veterans Services Director, Bryan Bishop. He noted that
the Board will likely have a discussion about goal setting at one of its next meetings. He suggested that a
small working group be created to redline the noise regulations for future review by the Board. Mr.
Sandeen stated that he is concerned that the noise bylaw, as written, is unenforceable. He would like a
working group to consider this as well.
Mr. Malloy stated that he would like to pursue updating the 1987 display on the first floor of the building,
potentially with quality photographs submitted of the Town from residents. The Board agreed, with Mr.
Lucente noting that he does not want to see the existing display damaged.
DOCUMENTS: 4-28-23 Weekly Update, 5-5-23 Weekly Update
CONSENT AGENDA
Mr. Lucente noted that he needed to recuse himself from Item #2. The Board agreed to take two votes on
the Consent Agenda.
1. Approve Tax Bill Insert – Access to Public Information
To approve the attached insert regarding ways for residents and interested persons to obtain access to
Town information to be included as a tax bill insert with the 1st quarter tax bill to be mailed out on June
30, 2023.
DOCUMENTS: TaxBillInsert
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2. Approve Lexington Lions Club Request - 67 Annual Fourth of July Carnival
This item was addressed separately.
3. Dissolve Select Board Committees
To dissolve the Affordable Housing Trust Study Committee.
To dissolve the Special Permit Residential Development (SPRD) Zoning Bylaw Amendment Ad Hoc
Committee.
4. Town Manager Committee Reappointments
Council on Aging:
o Julie Barker
o Ellen Nadine Cameron
Recreation Committee:
o Christian Boutwell
o Weiwei Li
To reappoint Julie Barker and Ellen Nadine Cameron to the Council on Aging both for a term set to
expire on May 31, 2026.
To reappoint Christian Boutwell and Weiwei Li to the Recreation Committee both for a term set to expire
on May 31, 2026.
DOCUMENTS: J. Barker, E.N. Cameron, C. Boutwell, W.Li
5. Approve Select Board Meeting Minutes
To approve and release the following meeting minutes: March 27, 2023 Select Board,
March 29, 2023 Select Board, April 3, 2023 Select Board, April 10, 2023 Select Board and
April 12, 2023 Select Board
DOCUMENTS: DRAFT 03272023 Select Board, DRAFT 03292023 Select Board, DRAFT 04032023
Select Board, DRAFT 04102023 Select Board, DRAFT 04122023 Select Board
6. Application: One-Day Liquor License – Lexington Tennis Club, 475 Bedford Street Sportsmen's
Tennis Club Fundraiser
To approve a One-Day Liquor License for the Lexington Tennis Club to serve beer and wine at the indoor
Lexington Tennis Club, 475 Bedford Street, for the purpose of a fundraiser for the Sportsmen's Tennis
Club on Saturday, May 20, 2023 from 11:00am to 4:00pm.
7. Application: One-Day Liquor Licenses – LABBB Collaborative, 0 Meriam Street/Depot Parking
Lot
(2) Lexington Battle Green BBQ Festival
To approve two One-Day Liquor Licenses for LABBB Collaborative to serve beer and cider at the
municipal parking lot behind the Depot Building (to the left of the parking attendant), 0 Meriam Street,
for the purpose of the Lexington Battle Green BBQ Festival on the following dates:
Saturday, May 20, 2023 from 12:00pm to 8:00pm
Sunday, May 21, 2023 from 12:00pm to 4:00pm
DOCUMENTS: DiagramofEvent-LexingtonBattleGreenBBQFestival
8. Application: Entertainment License – LABBB Collaborative, 0 Meriam Street/Depot Parking Lot
Lexington Battle Green BBQ Festival
To approve an Entertainment License for LABBB Collaborative for the purpose of providing live musical
performances for patrons of the Lexington Battle Green BBQ Festival to take place on Saturday, May 20,
2023 at the municipal parking lot behind the Depot Building (to the left of the parking attendant), 0
Meriam Street from 12:00pm to 8:00pm.
9. Application: License for Public Entertainment on Sunday – LABBB Collaborative, 0 Meriam
Street/Depot Parking Lot
Lexington Battle Green BBQ Festival
To approve a License for Public Entertainment on Sunday for LABBB Collaborative for the purpose of
providing live musical performances for patrons of the Lexington Battle Green BBQ Festival to take
place on Sunday, May 21, 2023 at the municipal parking lot behind the Depot Building (to the left of the
parking attendant), 0 Meriam Street from 12:00pm to 4:00pm.
10. Application: License by a Farmer Winery to Sell at Farmer's Market - House Bear Brewing, LLC,
Worthen Road Practice Field
2023 Lexington Farmers' Market
To approve and sign a Special License for House Bear Brewing, LLC to sell Mead and Cider at the
Lexington Farmers' Market from May 30, 2023 through October 31, 2024 and on November 21, 2023 for
off-premise consumption, pending Lexington Farmers' Market obtaining their required market permits.
DOCUMENTS: Application to sell at a Farmers Market
11. Application: Entertainment License - Lexington Local Food Collaborative d/b/a Lexington
Farmers' Market, Worthen Road Practice Field
2023 Lexington Farmers' Market
To approve an Entertainment License for Lexington Local Food Collaborative d/b/a Lexington Farmers'
Market for the purpose of providing recorded music and live performances for patrons of the market to
take place every Tuesday from May 30, 2023 through October 31, 2023 at the Worthen Road Practice
Field from 2:00pm to 6:30pm pending Town Manager approval of the 2023 Lexington Farmers' Market.
DOCUMENTS: 2023 Lexington Farmers' Market Overview of Request, 2023 Lexington Farmers'
Market Map
12. Approve and Sign Proclamation - Children's Mental Health Week
To approve and sign a proclamation recognizing Children's Mental Health Week from May 7, 2023 to
May 13, 2023.
DOCUMENTS: 2023 Children's Mental Health Week Proclamation
13. Select Board Committee Appointments
Lexington Housing Assistance Board (LexHAB):
o Eric Brown
o Russell Tanner
Semiquincentennial Commission (Lex250) Community Member Representative - Noah
Michelson
To appoint Eric Brown and Russell Tanner to the Lexington Housing Assistance Board (LexHAB) both
for three-year terms set to expire on May 31, 2026.
To appoint Noah Michelson to the Semiquincentennial Commission (Lex250) as the Community Member
Representative for a term set to expire following the completion of all planned activities in 2026 in
accordance with the deliverables established in the committee charge.
DOCUMENTS: 2023 Lexington Housing Assistance Board (LexHAB) Application - E. Brown, 2023
Lexington Housing Assistance Board (LexHAB) Application - R. Tanner, 2023 Semiquincentennial
Commission (Lex250) Application - N. Michelson
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent
Agenda Items 1, and 3-13.
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2. Approve Lexington Lions Club Request - 67 Annual Fourth of July Carnival
To approve the request of the Lexington Lions Club to hold the 67th Annual Fourth of July Carnival from
Friday, June 30, 2023 to Tuesday, July 4, 2023 with the times as requested in the Lions Club letter dated
April 24, 2023.
To approve the request of the Lexington Lions Club to use lighting as necessary until 11:30pm from
Tuesday, June 27, 2023 through Tuesday, July 4, 2023.
To approve a fireworks display on Sunday, July 2, 2023, at approximately 9:30pm, subject to approval of
the fireworks vendor, Atlas PyroVision Productions, Inc., and necessary safety precautions required by
the Fire Department.
DOCUMENTS: Lions Club Carnival Letter request
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent
Agenda Item 2.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Reorganization of the Board
This item was previously addressed.
2. Lexington Bicycle Advisory Committee Request for Worthen Road Bike Lane Pilot: REQUEST
WITHDRAWN
This request was withdrawn by the Lexington Bicycle Advisory Committee on May 5, 2023.
3. Public Hearing: Wine & Malt Restaurant Liquor License – Taipei Gourmet LLC d/b/a Taipei
Gourmet, 211 Massachusetts Avenue
It was noted that the public hearing was scheduled for 7pm and the Board would take up other business
until that time.
4. Update on Energy Use Disclosure
Maggie Peard, Sustainability & Resiliency Officer, provided an update on the rollout of the Building
Energy Use Disclosure bylaw that was passed at Annual Town Meeting in 2022. She explained that this
requires annual reporting of energy and water usage from buildings over 25,000 s.f. and all municipal
buildings. This was passed largely due to both the State’s and Lexington’s goals to reach net zero
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emissions. The program is up and running with the first reporting deadline coming up on May 15. By
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October 1, the first public report will be posted to the Town’s website.
The Board thanked Ms. Peard for her work on this item.
DOCUMENTS: Building Energy Use Disclosure
3. Public Hearing: Wine & Malt Restaurant Liquor License – Taipei Gourmet LLC d/b/a Taipei
Gourmet, 211 Massachusetts Avenue
The Board took up this item at this time.
Mr. Pato opened the public hearing at 7:01pm. He explained that Taipei Gourmet LLC has submitted all
the necessary paperwork requesting a new restaurant wine and malt beverages liquor license to serve
alcohol, within the allowable hours under the Select Board Alcohol Regulations for Restaurants, for
Taipei Gourmet located at 211 Massachusetts Avenue. The legal notice was published in the April 27,
2023 in the Lexington Minuteman newspaper and the abutters were noticed by the applicant 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 Taipei Gourmet LLC Common Victualler Restaurant License at the
February 27, 2023 meeting. Their current hours of operation are 11:00am to 9:00pm Sunday through
Saturday.
There were no questions or comments from the Board or the public at this time.
Mr. Pato closed the hearing at 7:05pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the application
from Taipei Gourmet LLC d/b/a Taipei Gourmet located at 211 Massachusetts Avenue for a Restaurant
Wine and Malt Beverages Liquor License for 7 days/week 11:00am- 12:00 midnight, with Ching Hsu 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 Taipei Gourmet LLC d/b/a Taipei Gourmet located at
211 Massachusetts Avenue.
DOCUMENTS: Taipei Gourmet LLC LL application
5. Update on Fleet Electrification Policy
Sustainability & Resilience Officer Maggie Peard provided an overview of the 2022 Green Fleet Report,
which includes an inventory of the current municipal fleet and identifies priority vehicles for replacement
with electric or hybrid models. She explained that this policy was put in place to ensure that all
departments shall purchase only fuel-efficient vehicles, with a priority to zero emission vehicles. Some
exempt vehicles include firetrucks, ambulances, heavy duty vehicles, police cruisers and emergency
response vehicles. Police and Fire administrative vehicles are not exempt from the policy. Regarding non-
exempt vehicles, there are currently 61 in total. 75% of those are gasoline vehicles, 15% are hybrid, and
10% are electric. 12 vehicles are currently out of compliance and do not meet the Green Community's
fuel standards. These vehicles will be priorities in the plan.
Mr. Sandeen noted that there are a number of vehicles listed as exempt in the report, but the policy states
that there is a process for exempting vehicles, which is that the Sustainability & Resilience Officer will
make a recommendation to the Town Manager for approval. He would like some clarity between the
report and policy on this item. The policy also suggests that leased vehicles and vehicles that are operated
on behalf of the Town be reviewed. In future updates, he would like to see information on a total lifecycle
cost model.
DOCUMENTS: Fleet Inventory, Green Fleet Report, Fleet Electrification Policy 08-23-21
6. Discussion on Height of Solar Canopy for Police Station Project
Mr. Malloy explained that the original plan included a canopy with a bottom elevation of the canopy at
17'4", with an upper elevation of 19'6". The working group is currently working toward a 14'6" bottom
elevation of the canopy and an upper elevation of 16'10". The Massachusetts Avenue "leg" that was
previously discussed came up during discussions with the working group. The Board had previously not
wanted to have staff continue to pursue this option. The working group has been considering this option
and the Board should discuss whether this is an option the Board now wants staff to pursue. The Board
may also want to discuss whether its preference is for a full canopy, spanning the parking lot, or a partial
canopy with an open drive lane.
Mike Cronin, Director of Public Facilities, explained that, in discussions with the neighborhood
community, one request was that the canopies closest to the bike path side be lower than the 14’6”
minimum height that is being used as a design criteria. This could be a challenge to the design for the site.
He asked that the Board discuss this item further. The next community charrette on this item will be held
tomorrow evening.
Mr. Pato explained that the request from abutters for the perpendicular leg was suggested in order to
offset massing in the area immediately adjacent to residences. Ms. Hai asked what could be lost in
potential solar production from this split height. Mr. Cronin explained that the project is trying to keep the
square footage as high as possible. There needs to be approximately 14,500 s.f. for the project. With the
Massachusetts Avenue leg included and the new geometry, the project is approximately 12,500 s.f. If the
Massachusetts Avenue leg is removed, this drops closer to 10,000 s.f. or approximately 28% short.
Calculations are still being run regarding the proposal to lower the height of one canopy, while trying to
expand the span.
Mr. Pato explained that his goal is for the Board to leave staff’s hands open as much as possible, to create
a design that is going to satisfy the HDC, so that they can issue the certificate of appropriateness, and
come to as close to a compromise as possible with a neighborhood, to reduce impact to them, while
retaining as much of the production as possible.
Mr. Sandeen agreed with Mr. Pato’s position and mentioned that the Board’s Integrated Building Design
and Construction Policy calls for maximizing onsite production of renewable energy. Mr. Sandeen
supported the neighbor’s request for a lower solar canopy. Mr. Sandeen asked whether the Town might
consider renting equipment or contracting with outside vendors to perform maintenance under the lower
structures, rather than buying new equipment. He expressed his desire that the design team achieve the
goals of net zero energy production with a lower height solar structure.
Mr. Lucente asked for clarification about the drive aisle in terms of Fire and DPW equipment access.
Chief Sencabaugh explained that the mass of the vehicles involved is part of what drives the proposed
14’6” height. Bringing that down further will block potential access to the building. Mr. Pinsonneault
stated that snow removal and sweeping must be taken into account. Lowering the height would require
different equipment and, likely, contractual services.
Tom Shiple, 18 Phinney Road, stated that he likes the current design. He noted that he does not like the
idea of losing the drive aisle and would like the square footage of the solar to be maximized. While he
likes the current design, he would consider lowering the height, as long as the square footage is not
impacted.
Dawn McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member stated that she does not believe
the Massachusetts Avenue leg of the project should be any further forward than the Police Station. She
asked if the design could be reconsidered in an “L” shape, with part of the canopy moving behind Cary
Hall, where the height could be taller. She noted that, if the project is installed over grass, height would
not be an issue, as the fire equipment could access the site.
Mr. Cronin noted that the sun analysis eliminated placing the canopy behind Cary Hall. There is a small
section of the parking lot that could be utilized, but this would require extensive trenching and running of
conduit. He highlighted the items he heard from the Board during the discussion, including flexibility of
design, potentially including multiple heights; incorporating the Massachusetts Avenue leg portion into
the process; working toward a net zero building; allowing access behind the building for DPW and
emergency access, and continuing to allow for a drive aisle.
Ted Page, 6 Fletcher Avenue, stated that it was previously mentioned that net zero was an important goal,
but not a requirement. He would like for the project to continue to be flexible while taking into account
abutter and HDC concerns. Mr. Pato explained that the Board and Town seek to maximize solar
collection on each project. The Town’s goal is to achieve net zero as a community. In some cases, that
means exceeding net zero on a particular project. Each project has to be considered in the context of its
individual site limitations, requirements, etc.
Sally Sharp Lehman, 6 Sherman Street, stated that she hopes the project does not consider going over
green space.
7. Review and Approve Lexington Council for the Arts' Request for Art Installation on Lexington
Minuteman Bikeway
Steve Poltorzycki, Chair of Lexington Council for the Arts, requested approval for a public art exhibit.
This will include up to six small sculptures inspired by Lexington architecture. The Council received
submissions from local visual artists and architects. The proposal is to install these pieces near the
bikeway, between the Visitor Center and Hancock Street. The pieces will either be located in trees or
freestanding, and at least 10’ back from the bikeway. If freestanding, these will be affixed to the ground
in some manner. If it trees, they will be strapped to the tree in a way that will not damage the tree. The
proposal is to install these around the end of June and allow them to be viewed until the onset of winter.
The Council met with the Bicycle Advisory Committee and received their endorsement, with the caveat
that the items be at least 10’ back from the bikeway. The DPW and Police Department are also in support.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the art
installation proposal from the Lexington Council for the Arts for a temporary art installation as proposed
to be in place through Fall 2023.
DOCUMENTS: Proposal - updated 5-5-23, LBAC Letter - Endorsement of Art Installation
8. Discuss Select Board Committee Liaison Assignments
The Board discussed Ms. Barry and Ms. Hai has candidates for consideration by the Cary Library
Trustees Nominating Committee.
VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to confirm Ms. Barry and
Ms. Hai as the Select Board candidates for consideration by the Cary Library Trustees Nominating
Committee.
The Board discussed its committee liaison assignments. Mr. Pato asked Board members to consider their
current assignments and tangible goals as part of the current portfolio of assignments. The Board will
further discuss this item at a future meeting.
DOCUMENTS: Liaison Discussion FY24
EXECUTIVE SESSION
1. Exemption 3: Discuss Strategy with Respect to Collective Bargaining - Fire Union (IAF Local
#1491)
Ms. Barry recused herself from the Executive Session.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 that the Select Board go into
Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining in regard to
the Fire Union (IAF Local #1491), and not to reconvene in open session as the adjournment for both the
open session and Executive Session will occur at the end of the Executive Session. Further, to declare that
an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the
Town.
ADJOURN
The meeting was adjourned at 8:56pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary