HomeMy WebLinkAbout2023-08-21 SB-min
Select Board Meeting
August 21, 2023
A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, August 21, 2023 in
the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as
well. Mr. Pato, Chair; Mr. Lucente, Mr. Sandeen, and Ms. Hai were present, as well as Ms. Katzenback,
Executive Clerk; and Ms. Axtell, Deputy Town Manager. Ms. Barry joined the meeting at 6:30p.m.
EXECUTIVE SESSION
1. Exemption 3: Collective Bargaining Update – Cary Memorial Library Staff Association (Local
4928, MLSA, AFT-Mass, AFL-CIO)
Upon a motion duly made and seconded the Select Board voted 4-0 at 6:04 p.m. that the Board go into
Executive Session under Exemption 3 to Discuss Collective Bargaining Update - Cary Memorial Library
Staff Association (Local 4928, MLSA, AFT-Mass, AFL-CIO). Further, Mr. Pato 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 6:30 pm
Ms. Barry joined the meeting at this time.
PUBLIC COMMENTS
None at this time.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Ms. Hai explained that she and Mr. Sandeen attended a meeting with Ms. Kowalski and the architects
who were selected under the RFP to fulfill a State earmark the Town received to evaluate the possibility
of affordable housing in or near the Center on Town-owned land. The architects are working on a
feasibility study and considering three locations for the project: the Depot lot, the lot behind Mass Ave.,
and the 173 Bedford Street property, which would not be available until sometime in the 2030s. The next
stage is to have conversations with stakeholders about the feasibility of each location. She reviewed the
suggested stakeholders and asked Board members to submit any additional suggestions to Ms. Kowalski
Ms. Hai also stated that the Council for the Arts’ Sense of Place installation is located behind the Visitor
Center along the bike path. The Sustainable Lexington Committee received an initial review of the draft
Climate Action Resilience Plan. The comment period for the plan is currently open, and it will then come
to the Board for discussion. Finally, the Transportation Advisory Committee noted that both sales of
passes and ridership were up significantly in July over June.
Ms. Barry stated that the Lexington 250th Commission, put in place to start planning the 250th
anniversary of the Battle of Lexington that will take place in 2025, is working with the Metropolitan Area
Planning Council (MAPC) to commission a memorial to hopefully be unveiled as part of the 250th
celebrations in 2025. There is a Zoom session scheduled for August 29th, from 5:30pm-7pm to discuss
this topic.
Mr. Lucente explained that the Center Committee continues to have discussions regarding the MBTA bus
stop that is currently sitting in front of Conte’s Bikes. There is a proposal to move it in front of 1666 Mass
Ave. Regarding the Hanscom area town select boards, each Select Board went through the draft letter
that was proposed to be sent to the Governor regarding the expansion in Hanscom and commented on it.
The revised letter should be before this Board for review at a future meeting.
Mr. Sandeen noted that the Commission on Disability took a position unanimously in favor of moving the
MBTA bus stop to the other proposed location.
Ms. Axtell explained that the Town made an offer and had an acceptance of a new Budget Officer.
Rosalyn Impink will start in the role on September 5, 2023.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
No additional update at this time.
DOCUMENTS: Weekly Update
CONSENT AGENDA
1. Application: One-Day Liquor License – Lexington Community Farm, 52 Lowell Street
Flower Arranging Workshop
To approve a One-Day Liquor License for the Lexington Community Farm for the purpose of serving
wine in the Education Tent at the Lexington Community Farm, 52 Lowell Street to participants of the
Flower Arranging Workshop on Thursday, September 7, 2023 from 5:30pm to 7:30pm.
DOCUMENTS: 2023 Flower Arranging Workshop Education Tent Map & Procedures for Serving
Alcohol
2. Application: One-Day Liquor License – The Anthem Group, 1875 Massachusetts Avenue
Lexington Paint Night
To approve a One-Day Liquor License for the Anthem Group for the purpose of serving beer and wine in
a beer garden within a cordoned off area on the Visitors Center Lawn, 1875 Massachusetts Avenue during
the Lexington Paint Night event on Thursday, August 24, 2023 from 5:30pm to 8:30pm.
DOCUMENTS: 2023 Lexington Paint Night Beer Garden Location Map, 2023 Lexington Paint Night
Beer Garden Procedures for Serving Alcohol
3. Application: Entertainment License – The Anthem Group, 1875 Massachusetts Avenue
Lexington Paint Night
To approve an Entertainment License for the Anthem Group for the purpose of providing a live musical
performance for patrons of the Lexington Paint Night event to take place on Thursday, August 24, 2023
from 5:30pm to 8:30pm on the Visitors Center Lawn, 1875 Massachusetts Avenue.
DOCUMENTS: 2023 Lexington Paint Night Band Location Map
4. Approve and Sign Proclamation – Suicide Prevention Month
To approve and sign a proclamation annually recognizing the month of September as Suicide Prevention
Month in the Town of Lexington.
DOCUMENTS: 2023 Suicide Prevention Month Proclamation
5. Approve Select Board Meeting Minutes: July 24, 2023 Select Board and August 7, 2023 Select
Board
To approve and release July 24, 2023 Select Board and August 7, 2023 Select Board meeting
Minutes.
DOCUMENTS: DRAFT 07242023 Select Board minutes, DRAFT 08072023 Select Board minutes
6. Approve and Sign Water and Sewer Adjustments
To approve and sign the attached Water & Sewer Adjustments as recommended by WSAB on July 13,
2023.
DOCUMENTS: Adj for 8-21-23 SB
7. Approve Pine Meadows Golf Club Contract Renewal – New England Golf Corporation
To approve a five-year award to New England Golf Corporation for the Town of Lexington Pine
Meadows Golf Club management as per their bid and to authorize the Town Manager to execute the
contract.
DOCUMENTS: Award Memo, New England Golf Non-Price Proposal, New England Golf Price
Proposal
8. Approve Transportation Safety Group (TSG) Requests
Add a Stop Sign on Harrington Road at Massachusetts Avenue
Remove/Replace Stop Signs at Harrington Road and Hancock Street at Bedford Street with Yield
Signs
IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 689 OF 1986 OF THE GENERAL
LAWS, THE TRAFFIC RULES, AND ORDERS OF LEXINGTON, ADOPTED BY THE BOARD OF
SELECTMEN ON NOVEMBER 13, 1967, NOW CHAPTER 192 OF THE CODE OF LEXINGTON,
ARE HEREBY AMENDED AS FOLLOWS:
BY AMENDING CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE
FOLLOWING: (Deletions are crossed out and additions are bold and underlined)
Location at Restriction
Harrington Road Eastbound at Bedford Street Stop Yield
Harrington Road Westbound at Bedford Street Stop Yield
Hancock Street Eastbound at Bedford Street Stop Yield
BY ADDING TO CHAPTER 192-10 SCHEDULE 7 STOP SIGNS AND YIELD SIGNS THE
FOLLOWING:
Location at Restriction
Westbound at Massachusetts
Harrington Road Stop
Avenue
DOCUMENTS: Memo, Formal Vote
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Update on Police Station Canopy Project
Jeff McElravy, AIA, Tecton Architects, Inc., explained that two items came out of a meeting with the
HDC in June. One is that the Commission encouraged a first draft of the landscaping behind the canopies
to be completed prior to meeting with the neighbor groups, which is set to occur tomorrow. Also, one
member of the Commission asked about the possibility of breaking up the large mass tabletop area of the
project to help the scale. A proposal was thus presented to a small group in July and deemed worthy to
move forward to the HDC. This was presented on August 10th to the HDC.
Mr. McElravy explained that the planting plan includes some existing and some new ones in order to
create a woodlands feel with tiers of plantings. He explained that the proposal is to use the topography of
the site to break up the massing of the canopy. The proposal also includes a potential change to the color
of the structure, in order to make it better blend with the foliage. The HDC noted that the change in the
mass of the tabletop structure was good at breaking up the overall mass. There was also a majority of the
Commission that felt that the proposed change to the color of the structure was a good idea. There was
also a discussion regarding changing the foundation option from cylindrical columns to spread footings,
which seems to be the direction to move in at this time.
In response to a question from Mr. Sandeen, Mr. Cronin said that Town staff was studying the impacts of
the proposed design change to project cost and solar energy production and would provide that
information when available.
DOCUMENTS: Updated Canopy Presentation -8-21
2. Update on Cary Memorial Library Project - The Children's Room Renovation
Mr. Cronin explained that this project will convert all of the lower-level HVAC to electric. The
renovations to the Children’s Room are intended to make the space more open, accessible, and fun for
children. The Board heard a presentation on the renovation project. The project budget is approximately
$6M at this time.
Ms. Barry noted the cost to pack and move items from the room during renovations should be included in
the budget costs.
In response to a question from Ms. Hai, Mr. Cronin explained that all of the proposed renovations will be
as protected as possible when future work in done on the upper floors of the Library.
Mr. Lucente asked about the stacks of books proposed in terms of height and security goals. Koren
Stembridge, Library Director, explained that one of the primary goals was to get the shelving for picture
books, easy readers, and younger kids books down above the existing tall height. This plan will help with
that and there may be some ways to create space between the stacks.
Mr. Sandeen asked about the programming that used to occur in the Learning Center. Ms. Stembridge
explained that the Learning Center space will be integrated into the new Children's Room, and effectively
losing that room as a distinct meeting room space. Staff is currently examining the possibility of turning
one of the historical rooms into a small meeting space. Also, when renovations are completed on the
second floor, there will be another opportunity to create extra meeting spaces.
In response to a question from Mr. Sandeen, Ms. Stembridge explained that the Library Foundation has
launched a fundraising campaign and is committed to raising $750,000 for the project. The Library Board
of Trustees voted to approve the expenditure of up to $750,000 from the endowment for this project.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve this
projects checkpoint to allow steps to move forward.
DOCUMENTS: Cary End of Schematic Design
3. Discussion on Creating a Working Group to Review the Tree Bylaw and Enforcement
Dave Pinsonneault, Director of Public Works, explained that, on July 2, 2023, a request was received
from Patricia Moyer, Co-Chair of the Tree Committee, that the Town Manager establish a Working
Group to review the enforcement of the Tree Bylaw. As the Select Board appoints the Tree Committee, it
is appropriate that the Select Board review this request and approve prior to the Town Manager creating a
Working Group. Additionally, Gerry Paul, an individual member of the Tree Committee, filed a
complaint regarding the enforcement of the Tree Bylaw and staff have developed a memorandum
response.
Ms. Hai agreed that the proposal to put together a Working Group is reasonable, but she would also like
the group to consider the realistic expectations for staffing of enforcement.
Mr. Sandeen stated that he believed it may be prudent to have a third-party, independent person running
the Working Group, and a Select Board representative on it.
Ms. Barry stated that she would like a deadline to be communicated from the group to the community
once decided on.
Mr. Pato opened the conversation to a brief public comment period.
Nancy Sofen, member of the Tree Committee, stated that the Tree Committee, DPW, and IT, by adopting
new practices and through amendments to the Tree Bylaw, have addressed some of the issues first
brought to the DPW’s attention in June 2021. There are still some problems with implementation of the
bylaw, and the request is to work on these problems through this Working Group. A third-party
perspective in the group would be useful and this person could sit as chair. Regarding the Town
Manager’s memo, she explained that some discretion can be helpful to advance the goals of the Tree
Bylaw and the Town's resiliency efforts. The place to establish the balance between trees and
development should be in the bylaw itself, which is broadly reviewed and refined as it is being written
and is vigorously debated at Town Meeting. Also, to correct a factual error, tree DBH measurements are
exact by definition. One measures the circumference of the trunk 4.5’ above ground level and divides by
pi.
Joelle Gunther, 35 Woodcliffe Road, asked what can be done to keep builders from rushing to cut down
trees while the Working Group does its work.
Gerry Paul, 43 Highland Avenue, explained that the magnitude of this issue is made clear by the fact that,
since 2020, the Town has lost over $600,000 due to irregularities with Tree Bylaw enforcement. This loss
could have been avoided with or without additional resources. Hopefully this Working Group and maybe
a separate independent investigation will identify the root cause of this issue and help restore the trust in
Town government which has been lost due to concerns related to enforcement of this and other bylaws.
Robert Pressman, 22 Locust Avenue, asked what the scope of the Working Group’s authority will be. Mr.
Pato explained that the intention is to review both the current enforcement and directions for the Tree
Bylaw, including potential limitations on clear cutting as allowed by State laws.
Frank Haydu, 37 Miriam Street, expressed concern over the fact that certain Town board/committee
meetings are being run concurrently, so that people cannot get involved. He noted that trees will be a
large issue for the Town, and this needs support.
Mr. Pato noted that there was consensus among the Board for the Working Group proposal to move
forward.
DOCUMENTS: P. Moyer Request Email, Tree Bylaw Enforcement Response Memo
4. Communications Advisory Committee Update on the Comcast of Massachusetts III, Inc.
(“Comcast”) Cable Television License Renewal Process
Ken Pogran, Chairman of the Communications Advisory Committee, updated the Board regarding the
Comcast of Massachusetts III, Inc. (“Comcast”) Cable Television License Renewal Process. Comcast’s
cable television license with the Town of Lexington expires on August 31, 2024. The Town of
Lexington's Communications Advisory Committee (CAC) conducted a Community Ascertainment
process as the first phase of the Comcast license renewal process. The next step is to initiate the license
negotiation phase. The Select Board is being asked to approve the Community Ascertainment Report
prepared by the CAC, which will be provided to Comcast, as well as formally authorizing the CAC to
begin the process of negotiating a renewal cable television license with Comcast of Massachusetts III,
Inc. (“Comcast”).
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the
Community Ascertainment Report prepared by the Communications Advisory Committee, and formally
authorize the Communications Advisory Committee to begin the process of negotiating a renewal cable
television license with Comcast of Massachusetts III, Inc. (“Comcast”).
DOCUMENTS: CAC Report - Comcast Cable License Renewal Community Ascertainment
5. Discussion on Officially Naming a Portion of Old Spring Street
Ross Morrow, Assistant Town Engineer, explained that a resident of Old Spring Street reached out to the
Town about formally changing his street address to Old Spring Street. Old Spring Street is located off
Spring Street and is physically a separate street. The current Town’s database listing has all properties
addressed as Spring Street and not Old Spring Street. Due to this, people are having difficulties finding
these homes for visits and deliveries; there is also potential confusion for emergency responders. The
Engineering Department coordinated with Police & Fire, and all are in agreement to change the name to
avoid confusion with Spring Street. Two residents prefer to maintain their current addresses as is. 149
Spring Street, 151 Spring Street, 154 Spring Street, 155 Spring Street, 157 Spring Street are in agreement,
while 152 Spring Street and 153 Spring Street are not.
Mr. Pato noted that there seemed to be consensus among the Board to move this item forward for a formal
request at a future meeting. He asked for public comment at this time.
Manas Adhikari, Old Spring Street, explained that Old Spring Street is a separate street from Spring
Street and some residents would like it recognized as such. This has been confusing for navigation to
certain houses and could be a concern for fire/rescue services.
Sunila George, 157 Old Spring Street, also expressed concern for fire/rescue services finding Old Spring
Street, if this change was not to occur.
Mike Oh, 155 Old Spring Street, explained that, when he purchased his home in 2004, the street sign
already read “Old Spring Street.” This was assumed to be recognized as the street address. He would like
his property value to be recognized as a property on a cul de sac, instead of a main road (Spring Street).
DOCUMENTS: Old Spring Street Area Map
6. Review and Approve Transportation Safety Group (TSG) Request to Restrict Entry into Kendall
Road from Marrett Road
Mr. Morrow explained that Kendall Road residents, between Waltham Street and Marrett Road, have long
been concerned of the volume of traffic on the residential road and want to discourage cut through traffic.
During morning commuting hours, vehicles use Kendall Road to avoid the light at the Marrett/Waltham
intersection, at the same time that students are walking to school. During these hours, the Marrett/Kendall
intersection is busy with conflicting vehicular movements. There have been several crashes at this
location. In 2017, Kendall Road residents requested that restrictions be installed. After a study of the
crashes, where over one third happen during the morning commute hours, TSG decided a restriction was
appropriate. As Marrett Road is a State-owned highway, any turn restriction from this roadway must be
approved by Mass DOT. As part of the application package to the State, the Town engaged an
engineering firm to study the impact a turn restriction would have on the Marrett/Waltham signal. The
engineering firm recommended minor adjustments to the signal timing. Mass DOT will need to approve
any adjustments to the signal. TSG met with residents of the neighborhood on August 15, 2023, to
confirm support of the restriction. While they do support the turn restriction, some residents requested
that school buses be included in the restriction. TSG decided to recommend exempting school buses for
two main reasons. The first being that elementary school students would have to walk down to Marrett
Road to get on the bus. The second reason is scheduling. Once implemented, TSG will monitor the results
and additional changes could be implemented in the future.
Mr. Morrow explained that, in order to implement a full entry prohibition, TSG is requesting to codify
turn restrictions from Marrett Road (as approved by Mass DOT) and a 1’ one-way restriction to prevent
entry from the southern portion of Kendall Road. “Do Not Enter” signs will be posted at the southerly end
of Kendall Road at Marrett Road, and “No Turn” signs will be posted on Marrett Road. Vehicles coming
from Marrett, or the other side of Kendall will be restricted from entering during the morning hours
between 7:00 AM and 9:00 AM. Residents are included in the restriction. TSG is recommending to the
Select Board that school buses be excluded from the restriction.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0:
in accordance with the provisions of chapter 689 of 1986 of the general laws, the traffic rules, and orders
of Lexington, adopted by the board of selectmen on November 13, 1967, now chapter 192 of the code of
Lexington, are hereby amended as follows:
BY ADDING to CHAPTER 192-62 CERTAIN TURNS PROHIBITED SCHEDULE 6 PROHIBITED
TURNS
Location From To Restriction
No left turn
Marrett Road west
Marrett Road Kendall Road 7:00AM – 9:00AM Monday -Friday
bound
School buses exempt
No right turn 7:00AM – 9:00AM
Marrett Road east
Marrett Road Kendall Road Monday - Friday
bound
School buses exempt
BY ADDING to CHAPTER 192-45 ONE-WAY TRAFFIC SCHEDULE 5 ONE-WAY TRAFFIC
Location Direction Limits
One foot northerly of Marrett Road
between 7:00AM – 9:00AM Monday
Kendall Road Southerly
-Friday
School buses exempt
DOCUMENTS: Memo, Presentation, CodeAmendmentVote
7. Discussion on Special Town Meeting
Kelly Axtell, Deputy Town Manager, explained that certain days have been proposed for a potential
Special Town Meeting. The Board reviewed the proposed dates. Mr. Pato noted that the Town Moderator
does intend to call for a hybrid meeting.
8. Review Applications and Approve Select Board Committee Appointments
(4) Semiquincentennial Commission (Lex250) - Community Member Representatives
o List of Candidates for Consideration: Thomas Colatosti, Paton D. Davidson, Melanie Lin,
Deborah Sabin, Serena Ljumani Kathryn Krzyzanowski, Cleveland M. Coats, Jr., Bridger
McGaw and E. Ashley Rooney
Mr. Pato explained that the Select Board is being asked to appoint four Community Member
Representatives to the Semiquincentennial Commission each for a term set to expire following the
completion of all planned activities in 2026. Per the updated charge, the Community Member
Representatives areas of expertise have been expanded to include transportation, security, fundraising,
and publicity. Board members identified candidates for each of the four area of expertise in order to
appoint these members.
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint Mr.
McGaw, Mr. Coats, Mr. Colatosti, and Ms. Rooney to the Semiquincentennial Commission (Lex250) as
Community Member Representatives each 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: Semiquincentennial Commission (Lex250) Charge, 2023 Semiquincentennial
Commission (Lex250) Applications - All Candidates
ADJOURN
VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn the
meeting at 8:16pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary