HomeMy WebLinkAbout2016-03-BOS-min69 -315
Selectmen's Meeting
March 2, 2016
A meeting of the Board of Selectmen was held on Wednesday, March 2, 2016, at 7:00 p.m., in
Estabrook Hall of Cary Memorial Building. Mr. Pato, Chairman, Mr. Cohen, Ms. Ciccolo and
Ms. Barry; Mr. Valente, Town Manager; Ms. Casey, Human Resources Director, and Ms. Pease,
Executive Clerk were present.
Selectmen Concerns and Liaison Reports
Ms. Barry reminded the audience that next Wednesday evening, March 9, is the third meeting of
the Lexington Community Coalition Youth Initiative from 7 to 9 p.m. at Grace Chapel where
they will hear the results of the Youth Risk Behavior Survey undertaken at the high school and
middle schools.
Mr. Pato wanted to thank the voters for coming out for the election yesterday and he and Ms.
Barry thank the voters for their being re- elected. He also thanked the Clerk's Office who worked
until 1 a.m. last night doing a primary and town election.
Town Manager Report
Mr. Valente indicated the first of three items is a series of workshops by the Lexington Parents
Academy 2, coming up at the Community Center on March 19 from 9:30 a.m. to 2:30 p.m.
Sponsored by the Human Services and Recreation Departments, programs include the Fire and
Police Department, the School Department, Parents Council, CAL and a number of community
groups. A series of workshops for parents includes Cyber Security, Sleep in Middle School and
High School, and You're not Crazy, They are Adolescents.
The second event at the Community Center is a group that the Police Department works with
called Communities for Restorative Justice, a non - profit that works with cases that come before
the Police to keep them out of the criminal justice system and look at other opportunities for
resolving issues. The meeting will be on Tuesday, March 22, from 6:30 to 8:30 p.m. Chief Corr
and Representative Kaufman will be attending.
The third item is our new program produced by LexMedia: The Veterans Update, with Veterans
Services Director Gina Rada and Linda Dixon, a member of the Town Celebrations Committee.
They have filmed the first two episodes.
Approve Collective Bargaining Agreement — Public Works Union
Ms. Barry recused herself from the discussion as her husband is an employee of the Town.
Ms. Casey summarized the aspects of the three -year collective bargaining agreement reached
between the Town and AFSCME DPW Local 1703 for the period of FY2016 — 2018.
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Selectmen's Meeting — March 2, 2016
• A 2.5% cost of living adjustment in Fiscal Year 2016;
• A 2.0% cost of living adjustment in Fiscal Year 2017;
• A 1.0% cost of living adjustment effective 7/01/2017;
• A 1.0% cost of living adjustment effective 01/01/2018 in Fiscal Year 2018;
• A change in the way clothing is provided, from a reimbursement basis to a vendor -
provided Quarter- Master system. Elimination of $250.00 annual clothing allowance in
exchange for one (1) time payments of $250.00 in Fiscal Year 2017 and Fiscal Year
2018;
• Creation of a labor /management committee to select a vendor that will provide the Town
with good quality and fitting work uniforms;
• The Town will conduct a Classification and Compensation Study of all positions covered
by the contract by June 30, 2018. The cost of the study is included in the FY2017 budget
request;
• Clarification that time granted from the sick leave bank is on a "rolling calendar" basis;
• Creation of a "cooling off' period prior to Step 1 in the grievance procedure; and
• Increasing the current snow /plowing overtime incentive from $800 to $1,000 for zero (0)
snow events missed; from $400 to $800 for one (1) snow event missed and $300 to $600
for two (2) snow events missed. The last time this incentive was increased was 2001.
Upon motion duly made and seconded, it was voted 4 — 0 to approve and authorize the Town
Manager to sign the collective bargaining agreement between the Town and the AFSCME DPW
Local 1703 for the period of FY16 -18.
Mothers Out Front /Sustainable Lexington Committee
Mark Sandeen, Chair, Sustainable Lexington Committee, and Lisa Fitzgibbons, Mothers Out
Front, presented three issues for discussion. The first is on the Board writing a letter to National
Grid on natural gas leaks in Lexington, the second is a letter on solar to selected officials, and the
third is on discussing Article 16 the Getting to Net Zero initiative.
Approve Letter to Utility Company
In November 2015 SLC /MOF came before you to discuss natural gas leaks and you requested
we provide recommendations to the BOS. At that meeting the BOS asked the committee to
develop some of the recommendations and they are reporting on that progress. The committee is
asking the Board to move forward on the recommendations: hold a public hearing; open the
House floor on natural gas leaks, under the auspices of the BOS, Rep. Jay Kaufman and
sponsored by Senators Michael Barrett and Ken Donnelly. That public meeting will be on May
17, at Cary Memorial Hall at 7:00 p.m. We will be inviting representatives from National Grid as
well as subject matter experts from Boston University, the Sierra Club, etc.
As part of the letter to National Grid we are recommending they provide the Town three things:
1) an updated inventory of the natural gas distribution pipelines in Town indicating the location,
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Selectmen's Meeting — March 2, 2016
material and age of those pipelines and maps of all known leaks and leakage rates; 2) convene a
working group to establish communication channels with the Town to ensure that pipeline repair
is scheduled with town utilities; and 3) provide the annually updated NG estimate of total natural
gas supplied and consumed in Lexington, specifically breaking out the amount of lost and
unaccounted for natural gas.
Ms. Ciccolo requested that we get this information in GIS or electronic format, and reported that
the MMA has been working on legislation on repairing gas leaks to make sure the roads are fully
patched after a repair.
Mr. Sandeen added that at a recent meeting members of the Legislature indicated that it looks
like the legislation will be reported out for a vote.
Upon motion duly made and as amended by Ms. Ciccolo, it was seconded and voted 4 -0 to send
a letter to National Grid that they address the continued problem of natural gas leaks in
Lexington and attend our hearing.
Approve Letter to Legislative Delegation in Support of Raising SREC and Net Meter
Limits
The second presentation is to give a short update on the legislative prospective of solar energy in
Massachusetts as background for a letter we are recommending from the Selectmen. Solar is
working well for Massachusetts. Right now solar is on hold across most of the state. 175
communities are not allowed to add any solar projects. Lexington has slid under the February 1
deadline wire with the Hartwell Avenue project. Legislature has a number of bills where they
have set lower rates. Right now getting retail net metering for Lexington's projects of about 11
cents a kilowatt hour. House bill is proposing 4 cents kWh.
Recommending in the letter that the Legislature lift the cap holding solar down across the state,
and provide reasonable net metering rates for municipal projects, low - income projects,
residential projects and new solar projects. Recommending that we continue to provide retail
rate for programs and restore those incentives that have expired.
Mr. Pato mentioned he was at a HATS meeting where he brought up this issue with Lieutenant
Governor Karen Polito. He told her it will be a significant issue for the HATS communities, and
members from Concord and Bedford agreed.
Mr. Sandeen said that in addition to taking a stance on gas leaks legislation, the MMA has sent a
letter supporting solar projects.
Upon motion duly made and seconded, it was voted 4 -0 to send the proposed letter, as presented,
to the Senate President, Speaker of the House, and Governor asking for their support on:
eliminating the net metering caps, maintaining a fair value for net metering credits, rapidly
introducing a follow on solar incentive program and protecting existing solar customers
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by grandfathering them under current solar policy.
Presentation on Article 16 – Appropriate for Advice and Analysis – Getting to Net Zero
Ms. Fitzgibbons, 59 York Street, a member of Mothers Out Front, also representing Sustainable
Lexington and Lexington Global Warming Action Coalition, presented information and support
for Article 16. The group is asking for the Board's support of the Net Zero goal and recom-
mendation to Town Meeting to fund $40,000 in technical support for a Net Zero task force.
Lexington is grateful to have a Board of Selectmen that recognizes that climate change poses a
threat to the planet and that it is urgent to plan mitigation now to allow for a manageable
transition to a renewable energy economy rather than a disruptive one. A Board that appreciates
the significant role for local action where we take responsibility for reducing the greenhouse
gases that we generate. That Lexington leads this effort by example to other communities.
Tonight we are asking for 1) for your support for exploring the Getting to Net Zero goal and
establishing a task force, and 2) that Town Meeting allocate the $40,000 for the technical advice
for the task force.
Pursuing Net Zero is the natural next step in the Town's commitment to addressing climate
change. In 2013 the Town adopted our climate change resolution which commits us to reducing
our greenhouse gas emissions and requires that we take climate change in making our town
decisions and planning. A net zero goal tackles the biggest source of those emissions — buildings.
We can learn from the experience of Cambridge and Fort Collins, Colorado. Explore a plan to
put Lexington on the path to becoming a net zero community in the next 25 -35 years. The task
force would focus on developing strategies to improve energy conservation in new and existing
buildings and to identify best practices for our users and occupants.
Ms. Fitzgibbons articulated the various stakeholders that should be included in the ad hoc task
force, with diverse representation, a road map of recommended actions and a time line. The task
force will develop actionable recommendations that are comprehensive, practical and
implementable. She emphasized that a Selectmen liaison be appointed to their committee. She
believes we can do this work in 12 months for $100,000 or less. After consulting with the Board
we are requesting $40,000 this year and the remainder in subsequent years.
Mr. Cohen said the presentation was well - researched and presented. The warrant article asks for
$40,000 but wondered where it is going to come from. Basically, when meeting with Ms.
Fitzgibbons she said they needed $15,000 for a consultant to get started initially and get ready
for the next Annual Town Meeting.
Mr. Valente suggested that if the Board wants funds in fiscal 2017, he and Mr. Addelson,
Assistant Town Manager for Finance, will come back to the Board with some options.
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Ms. Fitzgibbons responded that $15,000 is what they estimated would be needed for basic
research to get the task force started. If we wait, the Task Force wouldn't start until a year from
June. That delay is costly.
Ms. Ciccolo thanked Mothers Out Front and Ms. Fitzgibbons for bringing this forward.
Mr. Pato observed this came late in the annual budget process for a Program Improvement
Request. Need to start early in view of budget outlook in next fiscal years. Questioned whether
every house needs to get to net zero. We are talking about the whole community.
Ms. Fitzgibbons confirmed that it is net zero emissions in our built environment as a community,
and have offsets so that any residual greenhouse gases we are producing, we are investing in
renewable clean energy someplace else.
Mr. Sandeen said it also dovetails with our efforts for clean choice aggregation of electricity.
Ms. Barry asked if we will be getting an update on community choice aggregation and where
that whole process is.
Mr. Sandeen said in recent discussion with the Town Manager, there has been some excellent
activity on this from the MAPC.
Article Presentation — Community Preservation Committee
Article 8 — Appropriate for FY2017 Community Preservation Committee Operating
Budget and CPA Projects
Ms. Fenollosa, Chair of Community Preservation Committee, presented information on Article
8. About to start our second decade and since 2006 and we have spent $60,000,000 in projects in
the areas of open space, historic resources, recreation and community housing. That does not
include the debt service. $12.6 million of that has come from the State in matching funds. Going
into this year we will have available balances from our reserves from past years of about $2.2
million dollars. They are expecting revenues of about $5.3 million dollars this coming year.
Total revenue estimated available for this next fiscal year will be $7.6 million dollars.
The Committee is recommending funding for 15 projects, totaling $1.3 million dollars. In
addition, they will be asking for Administrative Expenses of $150,000 and Debt Service of
$3,289,721 so the total request we are going to Town Meeting with is $4,768,365.
The requested projects are:
1) Munroe Tavern Archaeological Dig $15,000
Required by the Massachusetts Historical Society; not connected to the
construction. It will be done during school vacation week so students can
participate. Also recommended by Getting to Net Zero.
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2) Munroe Center for Arts Window Study $30,000
Recommended by the Massachusetts Historical Society and Exploring
Net Zero. Windows are in poor condition. This will increase energy
efficiency and air quality. Also recommended by Getting to Net Zero.
3) Lexington Arts & Crafts Society Parsons Gallery Lighting Renovation $24,280
Existing light fixtures are unsafe and are to be replaced by energy efficient
lighting specifically for an art gallery.
4) Keeler Farm Community Housing Acquisition $115,000
LexHab contributing $70,000 from HOME funds toward this purchase.
This will be a two bedroom, one bathroom affordable house.
5) Greeley Village Rear Door and Porch Preservation $263,250
Being supported by the Mass. Department of Housing and Community
Development. All 100 rear exit doors and porches will be restored.
6) Wright Farm Barn Needs Assessment Study $35,000
The barn will be used as an educational center. Included feasibility study,
structural analysis, needs assessment and architectural assessment.
7) Antony Park Construction Funds $60,000
With private funding, architecture firm hired and trees were planted in
2014 but were damaged by the severe winter. The project is at a standstill
due to lack of funding. To complete the project DPW has asked for funds
to complete the project and rehabilitate this section of Tower Park.
8) Minuteman Bikeway Wayfinding Signs Implementation $120,000
To purchase and install 220 signs to provide information on access to
retail facilities and nearby attractions in close proximity to the bikeway.
9) Town Pool Renovation Design and Engineering Costs $166,000
Irving H. Mabee pool complex used by 75,000 people in the summer
The facilities continue to operate safely under a phased renovation plan
begun in 2008 when they hired a consultant who provided recommended
upgrades and repairs. $35,000 was approved for Phase I including replace-
ment of water heating and exhaust systems. $165,000 was approved in
2011 for Phase II for interior repairs and energy efficiency enhancements.
Both of these projects are complete and funding was through the Enterprise
Recreation Fund. Phase III is divided into two parts: after cost estimates, the
first part is for design and engineering of the filtration system replacement.
Next year will be construction and implementation of the upgrade. It was
last upgraded in 1980.
10) Park Improvements — Hard Court Resurfacing $61,000
Recreation Dept. working its way through the Town's parks. They are
asking for funds to rehabilitate the basketball courts in Rindge and Kinneen
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parks which were last resurfaced in 2004. Full reconstruction of the courts,
backboards and bike racks.
11) Granite Forest Pocket Park Construction at Lincoln Park $30,000
This project will create a green like corridor between the lower and upper
park. Installation of granite benches and fixtures utilizing donated granite
foundation pieces. The pocket park will increase the functionality of
Lincoln Park.
12) Park Improvements — Athletic Fields $120,000
For renovations to the Adams Park multi - purpose athletic fields located
behind Waldorf School. Renovations include laser grading the athletic
fields and grading for proper drainage.
13) Park and Playground Improvements $75,000
For Center recreation complex and Muzzey multi - purpose athletic fields.
Removal, disposal and installation of approximately 1200 feet of chain
link fence. Also, replacement of a 4 foot fence with an 8 foot fence in
the baseball and softball fields to minimize balls going into the street.
14) Grain Mill Alley Design Implementation $214,114
For schematic design phase to create a pocket park in Lexington Center
between the office condo building and Bank of America. Further design
funds and construction including a positive connection which is owned
by the abutting property owners. Economic Development designed their
application to include facilities at either end of the park -- a book -ended
park at either end, including paving, plantings, alternate transportation
mode, bike racks, raised pedestrian crossings.
15) Debt Service $3,289,721
Funded major construction projects with bonding: Wright Farm debt
service this year is $410,050; Community Center acquisition is
$1,028,100; Cary Memorial Building upgrade is $529,723, and the
Community Center renovations.is $321,828.
16) Administrative Expenses $150,000
For a study, administrative assistance, legal fees, etc.
Ms. Barry questioned the replacement of a 4 -foot fence with an 8 -foot fence in the Park
Improvements. The public might have a reaction to the 8 foot fence. Mr. Filadoro indicated it
was to keep balls from going into the street from the Center II softball field.
Mr. Pato questioned debt service line that shows zeros for multiple years. Ms. Fenollosa did not
have the table that the selectmen had.
Board members could take a position on these tonight but might want to wait until next week.
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Selectmen's Meeting — March 2, 2016
Article Presentations — Tree Committee
Articles 32 and 33 — Amend General Bylaws — Trees
Ms. Longeteig and Ms. Sofen, Members of the Tree Committee, presented information on the
proposed warrant articles for the Annual Town Meeting. Since the Tree Bylaw was enacted in
2002, over 1,890 trees have been removed from the setback areas of residential lots. In addition
to environmental costs, the loss of trees is changing the appearance of our neighborhoods.
To preserve and strengthen the tree canopy for the next generation the two proposed bylaw
amendments would: encourage the replanting of large native canopy trees and prevent the
removal of "significant trees ", canopy trees with a diameter of 30 inches or greater.
The Committee would like feedback from Town Counsel before offering the motions.
The first amendment is meant as an incentive to change the behavior of builders during
construction projects. It will discourage replacing large native trees with ornamental trees. A list
of "Tree Committee Favored Species List" will be available to the public and given to builders
by the Tree Warden.
Ms. Longeteig said the essence of this amendment is to preserve significant canopy trees. A tree
30 inches in diameter or greater is a significant tree and this amendment will prohibit their
removal. A tree this size is invaluable and takes 50 to 100 years to get this large.
The Town negotiated with the owner of a property on Concord Avenue to put the new sidewalk
behind the tree so it did not have to be cut down.
She summarized that the amendment applies to trees in setbacks during significant construction
and by pointing out that,
A) A permit is required in writing from the Tree Warden to take down a significant tree;
B) Hazardous trees are excepted, but need a Mass. certified arborist determination;
C) A "significant tree" is any protected tree which is 30 inches in DBH or greater in
conjunction with demolition or major construction;
D) Each person is held responsible for ascertaining the diameter of any tree prior to
cutting, trimming or removing same, in whole or in part;
E) A person can appeal to the Board of Selectmen; and
F) A payment will be required for any significant tree(s) removed without permission.
Mr. Pato questioned about whether it only applies to "significant construction ".
Mr. Paul, Tree Committee member, indicated it would be either a tear down or construction that
increases the footprint more than 50 percent. He also asked Mr. Valente who would determine
whether the tree was healthy and how would it be administered?
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Mr. Filodoro, Superintendent of Parks and Trees, indicated it would be difficult to determine the
responsibility of declaring a tree healthy as you cannot see hazards from the ground. If I
determine that a tree has to stay and it subsequently is felled during a storm and exhibits decay,
who holds the responsibility for it? He also clarified the provisions of the current Tree Bylaw.
Mr. Paul said the Town makes decisions all the time about whether a Town tree is hazardous;
secondly, he spoke to Mr. Cohen about liability and he said there did not seem to be an issue;
and thirdly, if a builder wants to take a 30 inch tree down, he is required to get a certified arborist
to determine the health of a tree.
Ms. Ciccolo asked about the appeal process to the Board of Selectmen and does not feel the fees
will support the level of administration that will be required.
Mr. Filodoro clarified the bylaw process and recommends double checking certified plot plans to
determine if the tree size and placement are right. Also, he pointed out the setback area is
defined as 30 feet from the front lot line and 15 feet from the side lot lines.
Mr. Paul said they changed the bylaw a few years ago and the setback area is larger for
commercial property.
Mr. Cohen asked about Article 33 being based on a Springfield ordinance and the need to
consider liability. This article should be referred to Town Counsel. What we have now is not
going to work.
Mr. Valente indicated there is the issue of Town Counsel review but the larger issue is whether
we have sufficient staff to administer this bylaw change.
Ms. Ciccolo asked about the effort vs. fees generated. Mr. Paul indicated the fees associated with
the bylaw go into the General Fund. Last fiscal year there was $25,000. It supports lots of things
including the Forestry Division. Money for tree donations that go into the Tree Special Revenue
Fund was $49,500. Speaking with the Springfield Forester, there were no liability issues.
Mr. Pato wanted to know if the wording should go to Town Counsel.
Ms. Ciccolo concerned the fees will not support the increased administrative burden. Wants a
sustainable program.
Ms. Barry agreed with Ms. Ciccolo and indicated she struggled with the language in the articles.
Mr. Pato shared his concerns. He does not feel we have an operational plan and the resources to
get feedback from Town Counsel to get ready for Town Meeting.
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Mr. Paul shared the Tree Committee's disappointment that the Board feels they are not ready for
Town Meeting. In November they sent a draft asking for feedback from Town Counsel, and
spoke at Candidates Night to get a motion.
Mr. Cohen asked about the Article 32 wording in the Warrant relative to trees listed in the
"Lexington Tree Manual" and questioned the description in the Warrant article.
Ms. Sofen clarified that they are required to update the Tree Manual every three years.
Mr. Pato indicated the motion has to be specific about the table that is being referred to.
Road Reconfiguration Trials
Mr. Pato read the following email from Mr. Kelley who was unable to attend:
"...I want to express my feeling that we conduct a public hearing before undertaking any
plans. Second, I have no problems with the Waltham Street and Edison Way tests.
Finally, I'm not in support of restricting travel on Harrington Road. It's my feeling that
doing so will cause unwarranted inconveniences to those needing to travel from precincts
six and seven to the center recreation areas, Hayden and South Lexington. It would force
these citizen to either use the Meriam Street neighborhoods or Bedford Street to Revere,
an artery already too congested.
"My view, which has only been more reinforced over the last several months, is that the
safety issues at Harrington and Bedford are best addressed by slowing traffic on Bedford
Street. It's my position that the posted speed, from east of Stop N Shop through to east of
Woburn Street should be 20 MPH. Having a slower speed will allow safer crossings at
Harrington. Having slower speeds through the Center will increase both safety and
civility for all users. I believe our best opportunity to make a safer and more user friendly
Center and community is to slow things down.
"This approach is easy to try, it doesn't restrict anyone's preferred travel paths and will
enhance Lexington's reputation as a people friendly town. This approach, along with
other suggestions for improving safety that I will share with the Board at our March 14th
meeting, can start to put Lexington Center on a new path to being a desirable place to
spend "quality time "."
Harrington Road /Bedford Street
Mr. Livsey, Town Engineer, reviewed the proposal to turn Harrington Road into a one -way road.
Implementation steps include: install portable change message signs (PCMS) two weeks prior to
implementation of traffic detour and post announcement on the Town website; install detour
signage and barricades, and move PCMS to a different location; implementation should start
during non -peak traffic periods and non - special event days; and approximately one week after
implementation or traffic pattern change, observe field conditions and collect traffic data; keep
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change in place for approximately three months to allow for multiple observations of field
conditions.
After the three month trial for a one -way Harrington, if deemed necessary, install PCMS with
revised messages two weeks prior to closing Harrington Road; install detour signage and
barricades; start implementation during non -peak traffic periods and non - special events;
approximately one week after implementation of traffic pattern change, observe field conditions
and collect traffic data; keep change in place for approximately 3 months to allow for multiple
observations of field conditions.
Mr. Livsey would like to start the trial soon after Patriots' Day. He will reach out to Police, Fire,
Schools and other departments before implementation after the Selectmen approve the trial.
Ms. Ciccolo would like to see the trial tightened up so it does not include summer which would
not give a true picture.
Mr. Pato would like to stretch out the trial to make sure it covers school time and tourist seasons.
He suggested starting in the summer when traffic is not as heavy. When school starts and traffic
is more demanding the trial could be stopped if there were issues.
Mr. Pato would also like to have the road configurations to be discussed below done
simultaneously. Mr. Livsey agreed that would make sense to do at the same time.
The Board will not take action tonight. They will think about the plan and discuss at a future
Selectmen meeting. They will also have to decide whether a public meeting is necessary.
Mr. Pato asked about when the Harrington Road was closed previously and what the accident
data was. Mr. Valente reported that he received the accident data from the Police for the
Harrington Road intersection and the accidents went to zero. The Board should review the data
in more detail.
Mr. McKenna, 9 Hancock Street, is against the proposed plans for the Harrington Road that
would divert traffic away from the Battle Green.
Ms. Counts - Klebe, on behalf of the First Parish Church, questioned the proposal and how it
would affect cars trying to get to activities at the First Parish Church.
Right Turn Lane Closure on Massachusetts Avenue at Waltham Street
Mr. Livsey, Town Engineer, reviewed the proposed trial. Implementation steps will include:
1. Installing portable change message sign (PCMS) two weeks prior to right lane closure
and post announcement on town website;
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2. Prior to implementing right turn lane closure:
a. cover the right turn signal head arrow,
b. install temporary pavement markings on the Massachusetts Avenue approach
c. install temporary signage on approach
d. install reboundable delineators to close right turn lane;
3. Implementation shall start during non -peak traffic periods and non - special event days.
4. Approximately one week after installation, observe field conditions and collect traffic
data. Keep closure in place for approximately 3 months to allow for multiple
observations of field conditions.
Ms. Ciccolo feels this change should be done as a permanent change instead of a trial. She asked
if the cost was worth doing for the trial.
Mr. Livsey stated the costs for all the trials would be under $10,000.
Right Turn Lane Closure on Massachusetts Avenue at Edison Way
Mr. Livsey, Town Engineer, reviewed the proposed trial. Implementation steps will include:
1. Installing portable change message sign (PCMS) two weeks prior to right turn lane
closure and post announcement on the Town website;
2. Prior to implementing the right turn lane closure the following shall be done:
a. Install temporary pavement markings for parking on the Massachusetts Avenue
approach; and
b. Install reboundable delineators to close right turn lane;
3 Implementation shall start during non -peak traffic periods and non - special event days;
4. Approximately one week after, observe field conditions and collect traffic data. Keep
closure in place for approximately three months to allow for multiple observations of
field conditions.
Mr. Pato mentioned that the Center Streetscape project will include bumping out the sidewalk in
front of the Post Office also.
Results of the Traffic Calming on Shade Street
Mr. Livsey, Town Engineer, presented results of the Shade Street Traffic Calming project. He
reviewed the safety measures to provide traffic calming. They included: installing signage,
painting shoulder lines, installing radar speed signs; installing speed humps, and the installation
of a sidewalk in a dangerous area.
The results of the traffic calming measures on Shade Street show a reduction in speed, a
reduction in volume, and a reduction in volume at the intersections with Cary Avenue and
Fairbanks Road.
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Selectmen's Meeting — March 2, 2016
On Spring Street volumes and speeds have increased slightly but are consistent with the posted
speed limit. The conclusion is the safety measures have been successful. Mr. Livsey has
received positive feedback from the neighborhood.
Ms. Canale, 28 Shade Street, is pleased with the reduction in speed. She asked where the motion
detectors were placed in the roadway to capture speed.
Ms. Livsey will map the locations and distribute a map to the neighborhood.
Discuss Articles for Annual Town Meeting Consent Agenda
The Board reviewed the list of possible Town Meeting Consent Agenda articles. The following
articles are being considered based on last year's consent:
Article 6 Appropriate for Senior Service Program
Article 7 Establish and Continue Departmental Revolving Funds and Special
Revenue Fund
Article 9 Appropriate for Recreation Capital Projects
Article 17 Victory Garden Way Acceptance
Article 19 Appropriate Bonds and Notes Premiums
Article 22 Appropriate to Stabilization Fund (if IP)
Article 23 Appropriate from Debt Service Stabilization Fund
Article 27 Establish Qualifications for Tax Deferrals
Also being considered for inclusion are:
Article 11 Appropriate for Water System Improvements
Article 12 Appropriate for Wastewater System Improvements
Article 24 Appropriate for Prior Years' Unpaid Bills (if there are no bills pending)
Mr. Cohen asked about adding Article 28, Accept Chapter 59, Section 2D of the MGL. It was
rejected by the Board of Selectmen in 2003 and probably should be indefinitely postponed.
Ms. Bloom, the Article Proponent, is considering her options for motions and does not want to
indefinitely postpone at this time.
The Town Moderator will only put those articles on the consent agenda that all boards and
committees agree on.
Mr. Pato forwarded an email from the Capital Expenditures Committee that includes potential
additional articles for the consent agenda. He asked the Board to review and let him know if
there are any concerns.
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Selectmen's Meeting — March 2, 2016
Town Manager Appointment — Historical Commission
Upon motion duly made and seconded, it was voted 4 -0 to approve the Town Manager's
reappointment of Marilyn Fenollosa to the Historical Commission for a term to expire March 31,
2019.
Selectmen Committee — Resignation — Community Farming Committee
Ms. Ciccolo stated that the Community Farming Committee is struggling to maintain a purpose
and membership. The Board will schedule a discussion on a future agenda.
Upon motion duly made and seconded, it was voted 4 -0 to accept the resignation of Thomas
Olivier from the Community Farming Committee, effective immediately.
Consent Agenda
Approve One -Day Liquor License — Mani's for Melanoma
Upon motion duly made and seconded, it was voted 4 -0 to approve a one -day liquor license for
MiniLuxe to serve beer and wine at a fundraiser for the Melanoma Foundation for New England
on Thursday, March 24, 2016, from 4:00 p.m. to 9:00 p.m. at 1718 Massachusetts Avenue.
Approve One -Day Liquor Licenses — Spectacle Management
Upon motion duly made and seconded, it was voted 4 -0 to approve the following one -day liquor
licenses for Spectacle Management to serve beer and wine in the Cary Memorial Building
Lobby:
• March 6, 2016, 7:00 p.m. to 11:00 p.m. (Late Night Catechism)
• March 13, 2016, 2:00 p.m. to 6:00 p.m. (Ronan Tynan)
Upon motion duly made and seconded, it was voted to adjourn at 9:32 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
69 -329
Selectmen's Meeting
March 7, 2016
A meeting of the Board of Selectmen was held on Monday, March 7, 2016, at 6:30 p.m., in the
Selectmen's Meeting Room of the Town Office Building. Mr. Pato, Chairman, Mr. Kelley, Mr.
Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk were present.
Executive Session
Mr. Pato announced that Mr. Cohen recused himself from this item because he is on the Board of
Directors at Brookhaven.
Upon motion duly made and seconded, it was voted 4 -0 to go into executive session to discuss
strategy with respect to litigation and to consider value of real property regarding the
Brookhaven request for rezoning. Further, the Chairman declared that an open meeting may
have a detrimental effect on the negotiating and litigating position of the Town
Town Manager Report
Mr. Valente recognized Mr. Hadley, Director of Public Works. Mr. Hadley reported on a water
main break at 201 Bedford Street.
Mr. Valente recognized Ms. Simmons, Director of Recreation and Community Programs. Ms.
Simmons reported on the Community Center attendance and the expanded offerings.
Mr. Valente reported that the remaining 99 new parking meters as part of Phase 1 of the program
were installed. The new parking permit system has also begun. Depot Parking Attendants and
the public are slowly learning the new system. Traffic Bureau staff will report back to the
Selectmen in six months.
Mr. Valente reported that Congressman Seth Moulton released information that the U.S. Air
Force will establish its Nuclear Command, Control and Communications (NC3) Integration
Directorate at Hanscom Air Force Base. Hanscom will focus on high -tech radios and terminals
to communicate key messages between national and military leaders and military operators. This
new mission will bring 43 positions to the Base, including a program executive office for NC3.
Request of the Lions Club for the 60th Annual Carnival
Mr. Lucente and Ms. Rizzo - Riley, Lexington Lions Club, presented their request for the 60th
Annual Fourth of July Carnival from Sunday, June 26, 2016 through Tuesday, July 5, 2016 at
Hastings Park. Staff met on February 9, 2016 to review the schedule and safety plans.
Schedule of events includes setup from Sunday, June 26 through Wednesday, June 29. On
Thursday, June 30, Perkins, LABBB and Cotting students would enjoy the carnival from 3:00
PM to 5:00 PM; the Carnival would then begin at 6:00 PM and end at 11:00 PM. On Friday the
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Selectmen's Meeting — March 7, 2016
carnival would run from 6:00 PM to 11:00 PM. Saturday and Sunday the carnival would run
from 1:00 PM to 11:00 PM. On Monday the carnival would run from 1:00 PM to 6:00 PM.
Youth Games will begin at 10:00 AM. Teardown of the carnival would happen on Tuesday, July
5 before 2:00 PM. The fireworks are planned for Saturday from 9:30 PM to 10:00 PM.
Lexington United Soccer Club — Lincoln Park Lights
Mr. Shiple, Lexington United Soccer Club (LUSC), and Ms Simmons, Director of Recreation
and Community Programs, presented a proposal to install permanent lighting on Lincoln Field
#2. The proposed lights would be shut off by 8:30 p.m. The proposal would be privately funded
and constructed, led by LUSC. LUSC would partner with the Town staff from Recreation and
Public Works, Sanborn Head (engineering consultants) and Musco Lighting (world -wide leader
in athletic lighting).
Mr. Shiple reviewed the need for the project, the milestones, conceptual site design,
neighborhood and light spillage, and endorsements.
Next steps include: approval by the Selectmen, approval by Massachusetts Department of
Environmental Protection (MassDEP), test borings to finalize foundation design, local permitting
and approvals by the Town, and construction. They will continue neighborhood outreach and
fundraising.
Rabbi Jaffe, Temple Isaiah, asked the Board to consider a request to have the parking lot lights
turned on until around 10:30 p.m. periodically for when Temple Isaiah has events since they
currently are using the Lincoln Field parking lot.
Mr. Kaplan, 235 Waltham Street, is in support of the proposal and encourages the Board to
support it because of a shortage of fields and the importance of sports.
Mr. Cohen asked if there would be any extra costs associated with Temple Isaiah's request.
Mr. Kelley brought up that there are two parking areas: an inner parking area that is next to
Lincoln Field #2 where the lights will shine. The outer parking lot near Lincoln Street will not
be lit.
Rabbi Jaffe would appreciate the use of the inner parking lot and would be willing to cover any
additional costs.
Ms. Ciccolo was concerned that it is difficult to see people who are crossing the road at the
crosswalk and suggested it would be a good location to look at for additional lighting on the
crosswalk.
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Lexington
United Soccer Club to install lighting on Lincoln Field #2, subject to approval by the
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Selectmen's Meeting — March 7, 2016
Massachusetts Department of Environmental Protection, test borings to finalize foundation
design, local permitting and approval by Town Boards, Committees and Departments, and
further to support the request from Temple Isaiah for keeping the parking lot lights on for
periodic events.
Approve Community Center Non - Resident Fees
Ms. Simmons, Director of Recreation and Community Programs, and Ms. Butts, Community
Center Director, presented the proposed membership fee proposal for the Community Center.
The Recreation and Community Programs Department is currently issuing membership cards for
residents at the Community Center. All individuals who come to the Center will complete a
registration form and be provided with a Membership Card. It will be used to track attendance
on a daily basis, assist in monitoring class attendance and the use of drop -in spaces. A card
reader will be located at the Customer Service Transaction counter. Additionally, the
Community Center Ambassadors and Customer Service volunteers will have hand scanners to
assure that all who enter the building are logged in.
Although the majority of those who have used the facility to date are Lexington Residents, we
are seeing an increased number of non - residents using drop -in program spaces. To assure that
Lexington residents are not supporting the facility for non - residents, we proposed to assess an
annual non - resident membership fee for use of the facility. The Center would like to begin
selling non - resident membership cards in March pending the approval of the fee schedule that
was initially approved by the Recreation Committee on November 18, 2015, and amended on
February 17, 2016:
Non - Resident Senior (60 +) $12.00
Non - Resident Youth (under 18) $25.00
Non - Resident Adult (18 -59) $50.00
Non - Resident Family (2 adults plus children under 18) $125.00
Non - Resident Adult Working for a Lexington Business $25.00
All Lexington Residents FREE
Replacement Card $5.00
Upon motion duly made and seconded, it was voted 5 -0 to approve the proposed Community
Center fee schedule.
Middle School Projects — Revised Construction Estimates
Mr. Goddard, Director of Public Facilities, provided a revised estimate for the Middle Schools
renovation and expansion project. The Middle School Project Cost as of March 2, 2016, is
$66,615,000 (Clarke Total - $21,675,000; Diamond Total - $44,940,000). The appropriation
request for the Special Town Meeting 2016 -3 on March 21 will be $61,237,000, which is
reduced by $4,478,000 from previous Special Town Meeting appropriations.
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Selectmen's Meeting — March 7, 2016
The summer renovation budget appropriation request for the Clarke and Diamond Middle School
projects would be $4,105,000, which would not be subject to the debt exclusion vote.
Mr. Levine, asked how the motion at Town Meeting would distinguish between the $61,237,000
requested for the Clarke and Diamond projects and the $4,105,000 to be approved for the
necessary summer work. Mr. Pato explained that the Board will have to decide on the form of
the debt exclusion questions.
Article 35 Presentation — Lexpress Resolution
Mr. Glasser, 32 Tyler Road, suggested that Lexpress should treat all neighborhoods equally. A
year ago the Lexpress route he took was changed and required an uphill walk home from the bus
stop. He also felt riders were being denied access. He felt the issue could be resolved by
restoring the old routes.
Mr. Glasser suggested that the motion be: Resolved that the Town be instructed to take such
steps as necessary to insure that every resident shall have access to an existing Lexpress route
that is more than one mile on level ground and more than 3/4 mile if uphill.
Mr. Cohen and Mr. Valente discussed other transportation options that are available to residents.
Mr. Glasser does not consider those as options for seniors with limited income.
Mr. Pato thanked Mr. Glasser for bringing the issue forward and stated the Transportation
Department will look at the current routes.
Article Presentations — Planning Board
Article 36 — Amend Zoning Bylaw — National Flood Insurance District
Mr. Henry, Planning Director, stated that this proposed bylaw amendment is to update the
National Flood Insurance District that we must do periodically in order for property owners to
remain eligible for national flood insurance. It involves a straightforward change to two panels
that cover the town on Hartwell Avenue, is fairly minor in nature, but the text is updating the
zoning map and updating the study that goes with those maps. The Planning Board recommends
adoption.
All Selectmen indicated support of Article 36.
Article 37 — Amend Zoning Bylaw — Technical Corrections
Mr. Henry stated the proposed motion is to clean up definition sections and correct internal
references, and to correct something we thought we corrected last year. In the conversation
between Town Counsel, the Planning staff and General Code, General Code prevailed.
The Board supports Article 37.
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Selectmen's Meeting — March 7, 2016
Article 38 — Amend Zoning Bylaw — Government Civic District(s)
Mr. Hornig, Planning Board member, stated that this article is almost identical to one brought
forward last year, one with significant changes to the special granting authority being changed
from the Board of Selectmen to the Planning Board. He also highlighted several differences in
the presentation. Some of the parcels are owned by governments and used for public purposes
other than housing. What is allowed and not allowed is clarified, for instance, this will make
Munroe Center for the Arts legal. Dimensional controls are crafted to protect neighbors while
giving flexibility to the government to do what has to be done without imposing arbitrary limits.
Mr. Pato asked about Arlington who owns the Great Meadow that is zoned as residential. If they
wanted to sell for housing development, would they need to come back to get it redistricted? Mr.
Hornig replied that it could only be developed for permitted uses (i.e. church, school, farm, etc.)
If for houses, they would have get it zoned residential.
Mr. Kelley wanted to confirm that all of the parcels are owned by governmental entities: federal,
state, city, town, schools districts.
The Board supports Article 38.
Article 44 — Amend Zoning Bylaw — Planned Development Districts
Mr. Hornig went through the slide presentation to explain changes to simplify the standards,
process, and terminology for Planned Development Districts. Specific changes are: First,
combining CD and RD types into a single district type - -PD. Secondly, eliminating special rules
for Town Meeting consideration which are an obstruction to the process. The third change is the
most significant and is required by state law. Currently, after Town Meeting approval, there is a
special permit process before you can actually build your development along with a Definitive
Site Development and Use Plan. Replace with a Site Plan Review instead. Authority would be
with a majority of the Planning Board. None of the changes will apply to existing CD and RD
districts until or unless their PSDUP is amended. These will be brought up at Town Meeting
after Article 45.
Mr. Kelley asked for clarification of state law. Mr. Hornig explained that the Zoning Board of
Appeals could say no to a site plan whereas the Planning Board while reviewing a site plan can
attach conditions but cannot deny.
The Board supports Article 44.
Article 29 — Amend General Bylaws — Neighborhood Conservation Districts
Ms. Canale, Planning Board member, indicated that Article 29 is not a zoning article but will be
part of the General Bylaws. A majority vote is required. Came about through the Residential
Policy Committee and comes in two forms: this year an enabling bylaw to allow Neighborhood
Conservation Districts (NCD) to be created. Next year, one or more neighborhoods may come
before Town Meeting to be listed as an NCD. About 6 Massachusetts communities have adopted
NCDs and ours is modelled largely based on Wellesley's bylaw which has been in effect for six
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Selectmen's Meeting — March 7, 2016
years. One of the things that is scary is that the article is ten pages long. Some Planning Board
members were concerned about that. Both proponents and skeptics thought the more we could
define it and how we go about it, the more comfortable people would feel about it.
The enabling bylaw sets up the possibility of NCDs. These would be particular neighborhoods
that residents could petition that they think there are specific things about their neighborhood that
are special and they want to preserve and protect or encourage. Does not cancel out zoning. The
Historical Commission and Planning Board would set up a study committee to review the
proposal which could take up to a year to evaluate. Residents could opt out of the District. It is a
voluntary process. A commission would be established with a designee from the Planning Board,
a designee from the Historical Commission, and the Town Manager would appoint three others
as well as alternates.
Mr. Pato asked about the Demolition by Neglect provision. Mr. Canale stated that the NCD
would have the responsibility to make the decision of what is permissible.
Question about whether property remains in the NCD when it is sold. Mr. Canale answered that
it is permanent. The District can come back to Town Meeting to ask that the boundaries be
adjusted. Town Meeting votes would be the majority. Zoning changes would be a 2/3 vote.
Minimum standards include ten properties. Study committee would be looking at what the
neighborhood wants to protect. An appeals process has been defined.
Mr. Creech, Grimes Road resident, indicated that Turning Mill residents had a number of
meetings already looking for a gentle set of rules. Houses are sited on purpose; set back far from
the road. The natural setting of the neighborhood is important.
Ms. Ciccolo concerned about administrative burden on staff. Mr. Canale indicated the bulk of the
work will be done by the Historical Society.
Mr. Pato voted to support but rest will take a vote later.
Article 41 — Amend Zoning Bylaw — Floor Area Ratio (FAR)
Ms. Johnson, Planning Board member, presented information on the Gross Floor Area
Amendment which would limit house size in relation to lot size to complement other Lexington
zoning controls. This is a consensus proposal voted unanimously by the Planning Board to
present to Town Meeting. She reviewed the table showing maximum square footage based on the
lot size and the models that were developed as examples. She reviewed various tables showing
different options under current and proposed zoning. Relief from the maximum FAR would be
through the Zoning Board of Appeals.
Selectmen have heard lots of concerns, both for and against. Some residents consider their small
home their nest egg and don't want to be restricted in who they can sell it to. Ms. Johnson
indicated they are trying to find a balance between people who want a certain size house and the
negative impacts to abutters: loss of solar access so they can no longer garden; a fan that goes off
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Selectmen's Meeting — March 7, 2016
and on in 3- minute cycles constantly; noisy heat pumps and A/C units, etc. Another article will
concentrate on maximum height restrictions.
Mr. Feinman, 9 Linmoor Terrace, feels certain insensitivity on the part of certain Planning Board
members. Article 41 could impact the finances of hundreds of residents as well as the Town
revenues. No financial analysis by credible independent source or by the Town's Finance staff.
Given the lack of good hard research information, he urged the Board not to approve Article 41.
Mr. Creech, 2 Grimes Road, stated there is a hidden assumption that builders are working on thin
margins. He feels the money is still there to pay a proper amount for these houses.
Elaine Ashton, Precinct 1, said there is no obligation on the Town to guarantee that the value of
property will increase and supports this article.
The Board did not take a position on this article.
Approve Complete Streets Policy
Mr. Valente provided a revised draft of the Complete Streets policy that reflects changes
requested by the Selectmen following its review on February 22.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Complete Streets Policy,
as presented, and authorize the Chairman to sign this policy as an approved policy of the Board
of Selectmen.
Aloft/Element — Change to Lodging and Entertainment Licenses
Aloft and Element are changing hands and have requested new licenses reflecting the change
before their closing on March 23. Town Counsel has suggested that the licenses be issued with
two conditions:
1. Lixi Hospitality Lexington, Inc. taking ownership of the property at 727A Marrett Road and
727B Marrett Road; and
2. Lixi Hospitality Lexington, Inc. or its management company provides evidence of Workers
Compensation Insurance, as required by law.
Upon motion duly made and seconded, it was voted 5 -0 to approve a Lodging License and
Entertainment License to Lixi Hospitality Lexington, Inc., d /b /a Aloft Lexington, 727A Marrett
Road, with the above conditions.
Upon motion duly made and seconded, it was voted 5 -0 to approve a Lodging License and
Entertainment License to Lixi Hospitality Lexington, Inc., d /b /a Element Lexington, 727B
Marrett Road, with the above conditions.
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Selectmen's Meeting — March 7, 2016
Town Manager Appointment — Conservation Commission
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
reappointment of Alexandra Dohan to the Conservation Commission for a term to expire March
31, 2019.
Selectmen Committee Appointments
20/20 Vision Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Margaret Coppe to the 20/20
Vision Committee to fill the unexpired term of Saatvik Ahluwalia until September 30, 2016.
Council for the Arts
Upon motion duly made and seconded, it was voted 5 -0 to appoint Rebecca McGowan to the
Council for the Arts to fill the unexpired term of Matthew Pronchick until September 30, 2017.
Consent Agenda
Approve Traffic Rules and Orders Change from March 9, 2015
Upon motion duly made and seconded, it was voted 5 -0 to approve the following traffic rules
and orders and to approve adding to Chapter 192 -18 (Traffic Rules and Orders of Lexington,
Schedule) the following amendments:
Location
From
To
Regulation
Mass. Avenue
North Side
Harrington
Road
Forest Street
Rescind 2 Hour Parking 6:00 AM
to 6:00 PM Monday through Friday
Mass. Avenue
South Side
Clarke Street
Forest Street
Rescind No Parking 6:00 AM to
10:00 AM, Two Hour Parking
10:00 AM to 6:00 PM Monday
through Friday
Mass. Avenue
South Side
Clarke Street
225 feet east of
Forest Street
2 Hour Parking 6:00 AM to 6:00
PM Monday through Friday
Northeast Mass.
Avenue
Woburn Street
Munroe Cemetery
Driveway
Rescind No Parking
North Mass.
Avenue
Woburn Street
650 feet east
Rescind No Parking 6:00 AM to
10:00 AM, Two Hour Parking
10:00 AM to 6:00 PM Monday
through Friday
East Mass.
Avenue
Beginning at a
Point Opposite
north corner of
Slocum Road
170 feet northerly
Rescind No Parking
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Selectmen's Meeting — March 7, 2016
Approve Use of the Battle Green — Filming Reenactment Rehearsal on April 3, 2016
Upon motion duly made and seconded, it was voted 5 -0 to approve the use of the Battle Green
for Jacqueline Sheridan to film with a virtual reality camera the reenactment rehearsal on
Sunday, April 3, 2016.
Approve Request for Water and Sewer Deferral
Upon motion duly made and seconded, it was voted 5 -0 to approve the application for a water
and sewer deferral for Sally Neale, 137 Reed Street.
Approve One -Day Liquor Licenses — Spectacle Management
Upon motion duly made and seconded, it was voted 5 -0 to approve the following one -day liquor
licenses for Spectacle Management to serve beer and wine in the Cary Memorial Building lobby:
Sunday, April 3, 2016, 2:00 p.m. to 6:00 p.m. for Capitol Steps Show
Saturday, April 23, 2016, 7:00 p.m. to 11:00 p.m. for the Gordon Lightfoot Show
Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 9:50 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
69 -338
Selectmen's Meeting
March 8, 2016
A regular meeting of the Board of Selectmen was held on Tuesday, March 8, 2016, at 6:30 p.m.
in Estabrook Hall in the Cary Memorial Building. Chairman Pato, Mr. Kelley, Mr. Cohen and
Ms. Barry; Mr. Valente, Town Manager; and Ms. Chabot, Acting Executive Clerk, were present.
Executive Session
Upon motion duly made and seconded, it was voted 4 -0 by roll call at 6:30 p.m. to go into
executive session under Exemption 6 to consider the purchase, exchange, lease or value of real
property, 20 Pelham Road, and under Exemption 3 to consider potential litigation, Shire, and to
reconvene in open session. Further, the chairman declared that an open meeting may have a
detrimental effect on the negotiating position of the Town.
The Selectmen returned to open session at 7:55 p.m. and relocated to Baffin Hall. Ms. Ciccolo
joined them at this time.
Public Comments
Ms. Dawn McKenna, Chair of the Tourism Committee, stated that there is an event coming up
on Saturday called Voyages en Francophonie, which is a French Language Festival.
Selectmen Concerns and Liaison Reports
Mr. Pato indicated the Board received a memo from Town Counsel addressing issues with
Article 34. A decision is needed on whether the Board should release the attorney- client
privilege on the memo and release the information to the public.
Mr. Cohen stated that when Town Counsel was asked for their opinion, there was an assumption
it would be a bylaw. He wants to know if the proponent is going to recommend that we have a
bylaw or if it is going to be a non - binding resolution.
Mr. Kelley, Ms. Barry, Ms. Ciccolo, and Mr. Pato stated they don't have an issue with the Town
Counsel's review being made public.
Upon motion duly made and seconded, it was voted 5 -0 to release the attorney- client privilege on
the memo from Town Counsel for Article 34.
Article Presentation — Article 34 — Non - Binding Resolution — Guns
Mr. Robert Rotberg, 14 Barberry Road, Precinct 3 Town Meeting member, presented the article
and stated it is proposed to remove and ban assault weapons from the Town inventory. Banning
assault weapons does not take away the right to own a gun in Lexington, it only bans the
purchase of assault weapons, which are more suitable for a war zone than for defense of a home.
There is widespread support in town but there is also opposition, much of it from out of state. He
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Selectmen's Meeting — March 8, 2016
is proposing moving a resolution instead of a bylaw. There is a chance that the Attorney General
would disapprove a bylaw change so the resolution before us could constitute a reasonable
compromise with those who are concerned that the bylaw could create massive and immediate
safety concerns for the town. If the selectmen support the compromise, it would make sense to
propose the present resolution instead of the bylaw.
Mr. Pato stated there are other issues with a bylaw change such as the Town does not write
criminal penalties and there are limitations on the kinds of penalties that can be put in place.
Further, the State has primacy in establishing laws in this area. A resolution is focusing on
capturing the sentiments that exists in the community and is directing it to the proper
governmental body that could act upon it. He asked the proponent if this is the proper audience
for the message he is trying to convey.
Mr. Rotberg stated that other towns have passed anti - smoking legislature, plastic bags, and types
of guns so there is precedence for the Town of Lexington to create new legislation.
Mr. Rotberg read the first two (2) paragraphs of the proposed Article 34.
Ms. Barry asked Mr. Rotberg if he has had any conversation with anybody at the state level,
legislators or the governor. He replied no, but he has had exchanges of letters and e -mails with
several legislators who are the experts in the Legislature on guns.
Mr. Cohen stated that he agrees with the comments Mr. Pato made. He stated that towns in
Massachusetts can pass bylaws which must then be sent to the Attorney General. If the AG
approves them, we post them and they are in effect. If the AG turns them down, they do not
come about. The Board of Selectmen asked Town Counsel to comment on the first draft of
Article 34 and many of the things in the bylaw were taken out since then. Now they have a
resolution that is non - binding, it doesn't go to the Attorney General, and the Selectmen could
send a letter to the legislature to strengthen the laws.
Ms. Ciccolo stated that she agrees with the consideration of moving towards a resolution and
wants to know if Mr. Rotberg has had any discussion with the Police Chief and if there is a
resolution on how this will be enforced.
Mr. Rotberg indicated there has been a discussion but there has not been a solution.
Ms. Ciccolo stated that she thinks it is important to know how this can be enforced.
Mr. Rotberg stated that he is surprised by the fact that there are assault weapons in Lexington
now and, if there is a state law banning assault weapons, then there is an enforcement problem at
the state level.
Mr. Michael Barg, 30 Dexter Road, spoke in opposition to Article 34. As a retired Navy captain
and veteran he believes that passing Article 34 would make Lexington seem like a crime - ridden
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Selectmen's Meeting — March 8, 2016
community. There is no fire arms problem in Lexington and passing Article 34 would make it
seem like there is.
Mr. Douglas White, 149 Pleasant Street, spoke in opposition to Article 34. He stated that there is
no accepted technical definition for the term "assault weapon ". Under Article 34, many sporting
firearms would be banned.
Ms. Patty Giencke, 28 Oakmount Circle, spoke in opposition to Article 34. She is a competitive
shooter. The Supreme Court has upheld competitive shooting and target shooting is a reasonable
use of guns. Guns need to be kept out of the hands of the mentally ill and criminals, not from
law abiding citizens that use the guns for recreational use.
Mr. John Olson, 86 East Street, spoke in opposition to Article 34. Removing assault weapons
from Lexington would require a legal search warrant for every home, which is a waste of time
and resources. He believes it is his constitutional right to purchase and own a gun.
Mr. Christopher John, 160 Reed Street, spoke in opposition to Article 34. He is a former U.S.
Army Military Police captain and combat veteran. He has defended the rights of the people in
this country, so it saddens him that there is an attempt to limit his rights. Concentrate on
enforcing the laws we already have.
Mr. Frank Grecko, 215 Grove Street, spoke in opposition to Article 34. He owns one of the
weapons that Article 34 would ban. He served 22 years in the Naval Reserves and they have to
train to keep their marksmanship skills up. There is no scientific proof that limiting the type of
guns purchased would have an effect.
Mr. Alan Seferian, 10 Augustus Road, spoke in opposition to Article 34. He presented a photo
from the Boston Globe on August 13, 2014, of Governor Deval Patrick signing a bill intended to
reduce gun violence. He does not believe that Lexington needs to be involved in this and it
should be left to our legislators.
Mr. Seth Riney, 9 Barrymeade Drive, spoke in opposition to Article 34. He stated it is a difficult
process to obtain a firearm license in Massachusetts. He documented the process. The police
chiefs have the power to deny access to firearms so this does not need Town Meeting to resolve
to recommend to state legislature.
Mr. James Wood, 51 Gleason Road, spoke in opposition to Article 34 either bylaw or resolution.
He believes that gun control would result in banning guns altogether.
Mr. Henry Buccigross, 146 Grove Street, spoke in opposition to Article 34. He believes Article
34 would be attempting to solve a problem that does not exist. He asked if this Article is
proposing to take the firearms away from the police.
Mr. Pato responded that it would not take firearms away from the police.
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Selectmen's Meeting — March 8, 2016
Mr. Thomas Sidley, 924 Massachusetts Avenue, spoke in opposition to Article 34. He stated
that many other countries that allow guns have a low crime rate.
Mr. Henry Sigourney, Jr., 7 Cummings Avenue, spoke in opposition to Article 34.
Mr. Kenney Jenness, 76 Reed Street, spoke in opposition to Article 34. He believes a group of
Lexington citizens are trying to push their beliefs on us.
Mr. Anthony Schiavi, 64 Locust Avenue, spoke in opposition to Article 34. He is a responsible
licensed gun owner in Lexington. Massachusetts already has a specific list of guns that can be
purchased in the state and already has some of the most restrictive gun laws in the country.
Mr. Bruce Labrant from Woburn, Massachusetts spoke in opposition to Article 34.
Mr. Arthur Seranin, 7 Forest Court, spoke in opposition to Article 34. He states it is the person
shooting the gun that is the threat, not the gun itself.
Mr. Randy Bretin of Lowell, Massachusetts, spoke in opposition to Article 34. He is a Mass.
State Police firearms safety instructor and believes Article 34 is misguided.
Mr. Richard Vendetti, 117 Adams Street, spoke in opposition to Article 34. He believes that
resources should go towards other worthwhile issues such as the heroin problem.
Mr. Robert Roell, 9 Stimson Avenue, spoke in opposition to Article 34. He believes that Article
34 is a distraction, a waste of resources and is illegal per the Second Amendment.
Mr. Andrei Radulescu -Banu, 86 Cedar Street, Town Meeting member, spoke in favor of Article
34 and the ban on assault weapons.
Mr. Andrew Wilsack, 1415 Massachusetts Avenue, spoke in opposition to Article 34 stating that
this article is in violation of the Second Amendment.
Mr. John Lee, 163 Burlington Street, spoke in opposition to Article 34. He states that this article
would hurt Lexington.
Ms. Cornelia Johnson, 52 Potter Pond, spoke in favor of Article 34. Spoke from her heart about
news stories about families being slaughtered every day.
Mr. Thomas Raboin of Lexington spoke in opposition to Article 34. He asked if there is a gun
problem in Lexington.
An audience member from Northborough, Massachusetts and WPI student, spoke in opposition
to Article 34. He does not think the guns are to blame, it is the people with mental health issues.
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Selectmen's Meeting — March 8, 2016
Mr. Chad Mills, 25 Robbins Road, Ayer, Massachusetts, spoke in opposition to Article 34.
There are no facts that show that restricting guns would help reduce gun violence.
Mr. Jeff Roy from Ashburnham, Massachusetts spoke in opposition to Article 34.
An audience member from Melrose, Massachusetts spoke in opposition to Article 34. He
believes that it would have ramifications all over the country.
Chief Mark Corr, Lexington Police Chief, stated that if this was made a bylaw, it would put the
Lexington police officers in a difficult position. The gun laws are extensive and the bylaw would
be in conflict with Massachusetts state law in many areas. The police would be enforcing
Massachusetts law, not the bylaw.
Ms. Barry asked Mr. Rotberg for clarification on whether he is going to bring it forward as a
resolution or a bylaw.
Mr. Rotberg stated that if the Selectmen support a resolution then it can substitute the present
resolution for the bylaw.
Mr. Pato stated that Mr. Rotberg can bring forward a resolution regardless of whether the
Selectmen support the resolution.
Mr. Rotberg stated that it makes a difference because the public should have time to see if the
Selectmen support it before it is discussed at Town Meeting.
Mr. Pato asked if the Board is ready to take a position if it is brought forward as a bylaw. Each
Selectman articulated their opposition to a bylaw. The Board unanimously opposed Article 34 as
a bylaw, stating it would create difficulty with enforcement and would conflict with state law.
The Board was not ready to discuss Article 34 as a resolution and it will go to Town Meeting as
a discussion.
Mr. Rotberg stated that he needs the Selectmen's support before he can bring the resolution to
Town Meeting.
Mr. Cohen stated that this is a citizen's article and Mr. Rotberg is able to bring this forward to
Town Meeting so they can vote on it.
Mr. Pato stated that the Board is not ready to discuss this as a resolution.
Ms. Ciccolo stated that gun control should be a continued community conversation but going to
Town Meeting with a resolution would not be the way to go about this. Conversations about the
causes of violence in our society are important and necessary.
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Selectmen's Meeting — March 8, 2016
Ms. Barry stated that she agrees with Ms. Ciccolo and cannot support the resolution as it is
currently written.
Mr. Kelley stated that he cannot support the resolution.
Executive Session
Upon motion duly made and seconded, it was voted 5 -0 to go into executive session at 10:00
p.m. to consider Exemption 4: Deployment of Security Personnel or Devices and to reconvene in
open session at 10:20 p.m. only to adjourn.
Documents Presented
1. Article 34 — Banning Assault Weapons
2. Picture from August 13, 2014 Boston Globe
Adjourn
Upon motion duly made and seconded, it was voted to adjourn at 10:21 p.m.
A true record; Attest:
Diana B. Chabot
Acting Executive Clerk
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Selectmen's Meeting
March 14, 2016
A meeting of the Board of Selectmen was held on Monday, March 14, 2016, at 6:30 p.m., in the
Selectmen's Meeting Room of the Town Office Building. Mr. Pato, Chairman, Mr. Kelley, Mr.
Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk were present.
Public Comment
Ms. McKenna, Chair of the Tourism Committee, talked about a great event held at Baffin Hall
over the weekend. Voyages en Francophonie is a French Language Festival organized by
Education Francaise Greater Boston (EFGB) and Lexington- Antony Sister Cities Association
from Lexington Tourism Committee in celebration of the Month of Francophone. She hopes that
the EFGB can find a location for a school in Lexington.
Article 27 Presentation — Establish Qualifications for Tax Deferrals
Ms. Blier and Ms. Costello, Co- Chairs of the Tax Deferral and Exemption Study Committee,
proposed to the Selectmen increasing the income eligibility level for property tax deferrals to
$70,000. The current limit is $65,000. The reasons are:
• The $65,000 has been in place since FY2014;
• Since 2012 the qualifying property value for the State Senior Property Tax "Circuit
Breaker" has dropped from $705,000 to the current limit of $693,000. During the same
span of time, property values in Lexington have experienced dramatic increases. Seniors
whose valuations may previously have qualified them for Circuit Breaker relief may now
be priced out of eligibility. Increasing the income eligibility amount for our deferral
program may offer seniors who are newly disqualified from Circuit Breaker relief a way
to compensate for that financial loss.
• Historically, participation numbers in the deferral program have been very steady. In FY
2013, when the income limit was $60,000, there were 29 deferrals. A new $65,000 limit
in 2014 resulted in 31 deferrals. In 2015 that number dropped back to 29. We therefor
feel that increasing the income limit to $70,000 will not result in a material fiscal impact
to the Town.
The Selectmen unanimously support Article 27.
Approve Reserve Fund Transfer Request
Mr. Addelson, Assistant Town Manager for Finance, and Ms Simmons, Recreation and
Community Program Director, explained that Town Meeting approved an appropriation of
$55,000 for the reconstruction of the basketball courts at Sutherland and Marvin parks. The
project was bid twice, but has still come in at $26,800 over the available appropriation. A
reserve fund transfer is being requested so that this project can be completed in a timely manner.
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Selectmen's Meeting — March 14, 2016
The Appropriation Committee has approved this request.
Upon motion duly made and seconded, it was voted 5 -0 to approve the Reserve Fund Transfer
request in the amount of $26,800 for the reconstruction of the basketball courts at Sutherland and
Marvin Parks.
Discuss Calling a Special Town Meeting — Minuteman High School Debt Authorization
Mr. Valente explained that on March 15, the Minuteman Regional School Committee is expected
to vote to authorize approximately $145 million for the construction of a new high school. The
Massachusetts School Building Authority will contribute an estimated 44 percent of the
allowable costs for this project. The towns in the Minuteman School district, through their Town
Meetings, have 60 days to decide if they want to reject the debt authorization. No action by a
town is considered acceptance of issuing the debt. Unanimous approval is required by member
communities. If there is not unanimous approval, the Minuteman School Committee has the
option of calling for a district -wide election, in which case a simple majority of voters can
approve the issuance of the debt.
The Board considered whether to call for a Special Town Meeting to approve or reject the debt.
The Moderator suggested April 25 as a date for a Special Town Meeting.
Mr. Cohen suggested that if there are no other issues that need to be handled at a Special Town
Meeting on April 25, that there not be a Special Town Meeting.
Ms. Barry asked how much debt would there be and what does the Appropriation Committee
think.
Mr. Valente responded that Lexington's portion based on the formula would add approximately
$400,000 per year and can be handled within the operating budget. The finance committees have
not taken a position but they support the proposed new school.
To answer Mr. Cohen's question about no other issues for a Special Town Meeting, Mr. Valente
mentioned that he learned Friday that the Town needs to accept an easement from Mass DOT for
a bus shelter on Bedford Street near the jug handle that requires a Town Meeting vote.
Mr. Pato suggested that the Special Town Meeting and Debt Exclusion Election could go
together to save on mailing costs. He also mentioned that the Moderator had suggested some
language changes to a bylaw.
All Selectmen agreed that a Special Town Meeting should be called. A warrant will be drafted
for review on March 23 by the Board and approval and signature on March 28.
The warrant for the Special Town Meeting will be closed to citizen articles on March 21.
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Selectmen's Meeting — March 14, 2016
Upon motion duly made and seconded, it was voted 5 -0 to call for a Special Town Meeting on
Monday, April 25, 2016 for the purpose of approving the Minuteman Regional High School debt
for its high school project.
Article 28 Presentation (Citizen Petition) — Accept Chapter 59, Section 2D of the MGL
Ms. Bloom requested the Board's support for her article that requests that the Selectmen appoint
a study group to investigate the costs and income produced by adopting MGL, Chapter 59,
Section 2D and that the report of the study group be made available to the Selectmen and the
public.
Mr. Pato stated that the Board in 2003 opted out of the Chapter 59.
Mr. Cohen asked how much additional work this would be for the Assessors' Office. He would
prefer the Selectmen do a study in early FY 2017.
The Board agreed to study the issue and Ms. Bloom agreed to indefinitely postpone the article.
Mr. Valente will put together a proposed charge for a working group. Ms. Bloom volunteered to
participate in the working group.
Public Hearing — Belmont Country Club Notice of Intent to Sell Recreation Land /Right of First
Refusal
Mr. Valente was joined by Randy Goldstein from the Belmont Country Club. He explained that
the Board received notice from the Belmont Country Club of its plan to sell approximately 19
acres of its land in Lexington to the Montessori School. This land has a special property tax
status, known as Chapter 61B. As such, the Town has the first right of refusal to purchase this
property by matching the Montessori School's purchase price. The Recreation Committee,
Planning Board and Conservation Commission have indicated that they do not have an interest in
owning this parcel.
The Board is required to hold a public hearing before making a decision regarding the purchase
of this property.
Ms. Barry asked if the Board should think about protecting the Town and the houses on
Lawrence Lane in case the Montessori School decides to do something else with the property.
Mr. Kelley requested more information on the property and would like the hearing kept open to
get further information from the Conservation Commission and the Planning Board. Mr. Kelley
asked what of the 19 acres constitute a buildable site and what about the access?
Mr. Valente stated the purpose of the hearing was to take comments on whether the Town should
exercise its right to purchase it for $1.8M; the Board can leave the hearing open for additional
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Selectmen's Meeting — March 14, 2016
comment or close it with a definitive decision. The Town has 120 days to make a decision. The
questions about whether the Town should make a deal with the Montessori School to purchase a
conservation easement are not related.
Ms. McKenna, 9 Hancock Street, strongly urges the Town to exercise the option. The Town has
no shortage of need and this is an inexpensive parcel. The parcel can be leased to the Montessori
School for a reasonable price. Since the Town has 120 days to exercise its options she suggested
that the hearing not be closed to give other boards and committees time to think about options for
the land.
Mr. Canale, 29 Shade Street, suggested not closing the hearing. He would like the Planning
Board to look at options and provide recommendations.
Mr. Pato mentioned that the Recreation Committee and Conservation Commission had let the
Board know that they were not interested in the land. Ms. Barry reported that the Recreation
Committee decided the land could require a significant amount of upgrading.
Ms. Ciccolo suggests more thought and discussions are needed, hear from the neighbors, and
suggested keeping the hearing open.
Mr. Pato asked if they could close the hearing and open another one at another time. Mr. Valente
indicated the statute does not address that but could continue the hearing to a future date certain.
Mr. Cohen asked whether the 120 days was when they had to actually exercise the option or just
give notice. He suggested it should be added to the Special Town Meeting 2016 -4 Warrant.
The Board requested additional information on the wetland delineation and the extent of the
uplands.
The Board decided to continue the hearing to March 21 at 6:00 p.m. to determine the date to
continue the hearing. It will be on the warrant in case the Board decides to exercise the option.
Article Presentations — Planning Board
Article 39 — Amend Zoning Bylaw — Maximum Height of Structures
Mr. Pato turned the meeting over to Ms. Corcoran- Ronchetti, Chair, and Mr. Canale, Planning
Board member, who were in session. Mr. Canale stated that Article 39 would limit the height of
new houses or additions located close to lot lines. There would be no change in measuring height
or side yard setbacks. Properties with 15 foot side yard setbacks can still build to 40 feet high.
The bylaw does not apply to front or rear yard setbacks. It only affects properties with existing
or planned side yard setbacks of less than 15 feet. The allowed height will be based upon how
close the dwelling is to the side yard property line.
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Selectmen's Meeting — March 14, 2016
Mr. Pato stated residents have asked if they are surrounded by tall houses, why they cannot
replace their home with the same size as what they are surrounded by. Address context of setting
when go before the Board.
Mr. Canale believes this proposed bylaw change will not reduce the value of resale.
Ms. Johnson stated it is important to institute this bylaw as soon as possible and give context to
the Board of Appeals to consider a balance. Do not want things to get worse.
Mr. Pato asked if there is guidance included in the bylaw change.
Mr. Canale responded there is a whole section on non - conforming lots which does not change
what the Board of Appeals can do.
Ms. Ciccolo asked about the difference in gross floor area this bylaw would mean.
Mr. Canale stated in doing analysis of the gross floor area it was felt this was the only change
warranted. Also felt a two -story house on a small lot is more than most towns allow.
Ms. Ciccolo supports this article that would protect abutters from taller and larger homes.
Mr. Kelley stated this is a good control for rebuilds and allows smaller homes to be built larger.
He asked about a lot that is 50 to 70 feet deep and felt there may be a financial burden for
smaller houses surrounded by larger ones. The expectation is that the smaller house residents
would expect the same value and this article may limit that.
Mr. Canale responded to Mr. Kelley's statement about financial impact and asked if there is any
basis for him making that statement regarding this proposal. The Planning Board's analysis has
shown no financial impact.
Mr. Kelley stated that they may see some homeowners feel that their property value is lessened
because of this and that may be an unfair burden.
Ms. Ciccolo asked if the Planning Board has considered adding language to the article such as
adding a clause that limits the height of the structure to no higher than the nearest abutting
structure, whichever is higher.
Mr. Hornig, Planning Board member, stated that it was suggested by a builder that this bylaw
would have no impact on the value of the homes or prices of the lots. This issue largely arises
with 50 or 75 ft. deep lots, and if they have houses only 15 feet apart, a 40 foot tall structure is
unreasonable. There are uniformity issues with basing the height on neighboring houses and
should be left to a special permit or variance process, concerned about legal issues.
Mr. Pato asked Mr. Hornig about the concerns with legal issues.
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Selectmen's Meeting — March 14, 2016
Mr. Hornig said this was one of the first proposals that had been finalized and had the least
impact of any of the changes proposed this year and least controversial. No negative comments
received at public hearing or outside of public hearing were received.
Article 40 — Amend Zoning Bylaw — Accessory Apartments
Mr. Hornig stated that this article would simplify the existing conditions and requirements which
limit the ability to construct accessory apartments. Accessory apartments are an important
option for some families because of an older parent or adult child. Also, not against small rental
units. The rules for rooming units, public water and sewer and location of parking are the same
as that for a single family home.
They are proposing to allow accessory apartments on any buildable lots and new construction.
Currently, many existing lots do not comply with the current requirements for an accessory
apartment. Removing unnecessary restriction, for instance parking requirements.
Mr. Kelley asked if accessory apartments are counted as multi - family structures in the HDC
housing count? The answer was yes.
Mr. Cohen asked how many lots in Lexington do not have a sewer. Mr. Valente not sure of exact
number. There are only a few near Route 128 /Route 2 area. Many houses have a sewer in the
street but are not connected.
Article 42 — Amend Zoning Bylaw — Two Family Homes
Mr. Hornig stated that two family homes are currently allowed by right in a specific district.
Most of the two family home housing stock does not exist in the district, however, because it
either pre- exists zoning regulations or was created in two- family districts which have been
changed to one - family districts. There are approximately 244 two- family homes in Lexington,
some which may not be legal. Two Family homes are a source of rental units and rental income
and more environmentally sustainable than two one - family dwellings. There are small districts
along Massachusetts Avenue in East Lexington. He gave the history of two- family houses in
Lexington. They are proposing that two family homes be allowed in RO and RS districts by a
Special Permit with restrictions. There will be specific criteria for the ZBA to apply: limited
gross floor area based on lot size, scale compatible with neighborhood, impacts comparable to
one - family dwelling, no adverse impact to solar access, no adverse impact from fixed plant
equipment, and will create rough parity between large and small development.
Mr. Pato asked if a Neighborhood Conservation District (NCD) would be able to prohibit a two -
family home from being built in that district. Mr. Hornig replied that there is a provision in the
NCD that exempts features permitted by other laws but this matter should be discussed by
counsel.
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Selectmen's Meeting — March 14, 2016
Mr. Cohen asked how this bylaw would preserve more open space on the lot. Mr. Hornig said if
you have a choice between a single duplex and 2 one family houses, a duplex would leave more
open space on the lot.
Mr. Cohen stated that he does not think it preserves any open space on a single lot.
Mr. Hornig stated that once Article 41 passes, then there will be a limit on the size of the houses,
therefore allowing more open space.
Mr. Canale doubted that any NCD district would come forward to object to a two- family house.
Article 43 — Amend Zoning Bylaw — Banking and Real Estate Services Uses
in the CB District
Mr. Canale gave some background on this article. They decided to stick to the issue of banks and
real estate offices in Lexington Center. The presence of banks is overpowering and preventing
other businesses. The Center Committee wanted to ban any new banks in the Center but the
Planning Board felt that would be too much.
There are 12 banks and 9 real estate offices in the center that would be affected by what they're
proposing. The Planning Board is proposing a zoning modification that would better define
Section 3.1.6, Banks and Credit Unions and Real Estate Sales or Rentals in CB District
Storefronts. They are proposing that a Special Permit process be put in place as a precondition to
allow a bank, credit union or real estate office in the CB District. The Zoning Board would have
to take into consideration how much storefront and how much square footage the bank or real
estate office would have.
Mr. Kelley asked about how the parking spaces fit into this (the parking table included in the
original draft is no longer part of this and will be looked at separately).
Mr. Kelley asked if a bank would be burdened with these requirements if they wanted to move to
a smaller space that takes up less storefront.
Mr. Canale responded that they want to make a provision that if a bank wants to move to a
smaller location, they would not be penalized but they also want to ensure that any new banks
coming in would need to demonstrate their need to be there but they are still in discussion about
length of storefront and maximum square footage.
Mr. Pato complimented the Planning Board on getting close to a final recommendation as they
are on the docket for next Wednesday.
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Selectmen's Meeting — March 14, 2016
Presentation of Center Traffic Safety Options
Mr. Kelley made the presentation to convince his colleagues that Lexington is a very special
place and has meaning to its citizens. He wanted to make sure we respect the unique character of
the Center.
Mr. Kelley stated that the traffic during busy times is not generally over 20 mph. If the traffic
was limited to 20 mph in the Center on Bedford Street from Harrington to east of Woburn Street,
and Mass. Avenue from the Dana Home to the Statue, it would be safer for pedestrians and cars
coming off cross streets. Mr. Kelley is also proposing a sign that would state "Welcome to
Historic Lexington, Birthplace of American Liberty, Please slow down to 20 mph, Enjoy your
stay, Your speed is XX ". He wants to change their mindset. He is in opposition to a traffic light
and cross walks at Woburn Street and Massachusetts Avenue and would propose putting signs
showing where the crosswalks are further up the road. He discussed changing where the current
crosswalks are. He proposes to move the bus stop to in front of the crosswalk in front of the
Police Station. Mr. Kelley also proposes stenciling the words, "Please Stay Safe, Stop — Wait —
Wave" at the crosswalk as they do in Camden, Maine. Another suggestion would be a flashing
bollard with installed solar - powered LED lights that is pedestrian activated. These
improvements in the Center would not take away from the character and would improve safety
overall. He proposes taking a year and installing these economical, low key improvements first.
Ms. Barry asked for clarification on how many signs are being proposed that would state the
speed limit. Mr. Kelley responded just east of Stop and Shop, one between Worthen Road and
Harrington Road, and on Massachusetts Ave. just east of the Woburn Street intersection and one
on Woburn Street right before the bike path. He does not see the issues on Waltham Street.
Ms. Barry asked where there are 25 mph signs. Mr. Pato responded that there is one entering
Massachusetts Ave from the Green, there is one near the Cary Library, there is one just before
the Police Station at Woburn Street and Massachusetts Ave, and one on Waltham Street near
Vinebrook Road.
Ms. Barry asked if there is any guidance on height of plants on traffic islands. Mr. Valente
responded that there is no written guidance on the height of plantings but it would be worked out
with the Public Grounds Division.
Ms. Barry asked for clarification on how many lines of text there would be for the stenciling on
the sidewalk.
Mr. Kelley is proposing a stencil with arrow directing the person to the crosswalk. He stated that
there are additional options for certain hours of the day that are congested such as limited entry
from Fletcher Ave. to Woburn Street and cross traffic from Woburn Street to Mass. Avenue.
Ms. Barry asked if the stencil of "Stop — Wait — Wave" would be on the ramp going into the
street. Mr. Kelley indicated they would just be on the pavement.
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Selectmen's Meeting — March 14, 2016
Ms. Barry stated that she is agreeable with the flashing LED bollard as many complaints are
received from residents that the crosswalks are not clearly visible at night.
On Wednesday, the Board is continuing this meeting with a presentation by the VHB consulting
firm with neighborhood cut -thru traffic analysis and mitigation notions for the Fletcher Ave./
Woburn St. /Mass. Ave./Winthrop Road general area.
Mr. Pato stated that he is agreeable with the ideas of the bollards and signs throughout the town.
Mr. Cohen stated that these are good suggestions but he does not think decreasing the speed limit
would make people slow down. He notices not just cars going very fast, but bicycles on the
sidewalks and pedestrians crossing the middle of the street without regard to their safety. Does
not think speed limit signs would make a difference.
Mr. Kelley states that there should be increased traffic enforcement in the Center and it would
help show that Lexington is a special community and great care should be taken when going
through.
In response to a question from the Board, Mr. Valente stated two options: that if there has not
been a speed study done, there is a Prima Fascia, which is 25 mph in the Center. The second
option is to do a speed study and the Town could submit a report to the Mass DOT stating the
average speed in the 85th percentile and get that approved. It could result in an increase in the
speed limit.
Ms. Ciccolo stated that should be approached with caution as they do not want to have the speed
limit increased as that is what is required by law.
Mr. Kelley stated that he was under the understanding that the Selectmen in the community
could submit a report with the reasons identified and have a public hearing on it and then send it
to the Mass DOT. There are many areas in the Town that need the speed limit taken down to 20
mph but the Center is a place that everyone uses.
Mr. Valente stated that the Police Chief has increased enforcement over the past year in the
Center. Data has been collected compared to the prior year.
Mr. Radulescu -Banu, 86 Cedar Street, and Appropriations Committee member, personally stated
he was concerned about Center Streetscapes and suggested doing the projects in a two -phase
process with the goal of having a design that is respectful of Lexington's historic center while
creating walkable surfaces for our sidewalks.
Ms. McKenna, 9 Hancock Street, stated that when she was on the Board of Selectmen, she had
created controversy when she recommended that the speed limit be lowered from 30 mph to 25
mph. They were able to work with the State because it is a state road and the Battle Green is a
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Selectmen's Meeting — March 14, 2016
registered Historic District so they were able to accomplish the lower speed limit. She also
stated they had an override in which they put the Police Officer position on the override but it is
the only item on the override that has never been re- implemented, which is upsetting.
Mr. Valente stated that the position does exist in the budget but there are currently vacancies in
the Police Department staff.
Mr. Jerry Michelson, Chair of the Center Committee, stated he is agreeable to Mr. Kelley's
proposal and would like to bring it back to the Center Committee for discussion. He is seeing
the Center Police Officer more often and would like to be involved in the conversation moving
forward. The Committee voted 7 -1 in favor of the new zoning changes discussed. Regarding
Streetscape, they voted 7 -0 in favor of the full project. May have another vote before it comes to
Town Meeting.
Mr. Flynn, 1 Hunt Road, asked if public comment would be accepted on Wednesday and stated
that he is agreeable to finding an appropriate speed for the Center.
Mr. Pato thanked Mr. Kelley and stated that the Board has convened a committee to look at the
design elements but feels they should prepare a document for the public on where we are going
and it would be helpful to structure the steps for Town Meeting.
Mr. Cohen stated he agrees with Mr. Pato but asked how the committee is going to work if the
chair is supposed to be neutral. Who will make the proposals?
Ms. Barry responded that they have three stages of deliverables determined by the Engineering
Division who will provide deadlines for the committee to submit their input.
Mr. Pato asked about the two -phase project suggested as well as the suggested curb to curb street
and curb to building. We are asking the design committee to work on the curb to building.
Mr. Valente stated that he did speak to the Town Engineer and that it is feasible to do it that way
but not preferable. In regards to the curb to curb, they would have to reset the curb and they
would have to patch a strip of the sidewalk side. Some of the work being done is done although
from curb to curb it is also curb to building (streetlights). More difficult and more expensive to
do it in different phases. The aesthetics may suffer as well going from phase to phase. The
second phase cannot be done in one year.
Ms. Ciccolo asked if they would end up with a project that would require patching.
Ms. Barry asked what the length of time would be for this whole project.
Mr. Valente stated that if it is done in stages, they would be limited to the construction season,
mostly the summer, since it is not as busy, roughly June through September. If Town Meeting
funded it each year, it would take 3 years.
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Selectmen's Meeting — March 14, 2016
Ms. Barry expressed concern about the effect on merchants not just the travelers going through
Massachusetts Avenue. Three years seems an awfully long time.
Mr. Kelley stated he is against funding the Center Streetscapes for this year and does not feel it is
ready right now with a great deal of uncertainty.
Mr. Cohen stated that many people are concerned about the disruption of Massachusetts Avenue
but they cannot wait 3 or 4 years to when it collapses. Mr. Cohen also stated that it is not a State
road and we are responsible for improvements.
Mr. Pato stated that starting the project in the eastern section gets things moving toward being
completed in the central business area. He suggested coming back to the discussion later in the
meeting.
Planning for Center Road Reconfiguration Trials
Mr. Pato stated they had a presentation a week and a half ago on the strategy the Engineering
Division is recommending for the Bedford St and Harrington Rd one -way; Mass Ave and
Waltham St eastbound turn; and Mass Ave and Edison Way westbound right -hand turn. The
Engineering Division needs 2 months from the time the trials are approved until the trial can
begin. Mr. Pato would like to have a public hearing and is proposing to make a decision by the
beginning of May and not make a decision tonight.
In response to the question about how long Engineering stated the project would take, Mr.
Valente responded that it would be during the summer and fall to get three to four months data.
Mr. Pato stated they are proposing a two -phase trial and would need 3 months at a minimum.
Mr. Barry asked if we are going to set the April meeting date tonight.
Ms. Ciccolo asked Mr. Valente if they are going to modify the signal timing at Waltham Street
or just the arrow movement. Mr. Valente responded that they would just be modifying arrow.
Discussion ensued about the signal timing at Waltham Street which several think is too short.
Mr. Kelley stated the biggest issues they have are the crossing at the Library which should be
moved back to where Candy Castle was, and the breadth of the Post Office crosswalk and
whether the sidewalk should be bumped out at the Post Office.
Ms. Barry suggested that Engineering take a look at the crossing at the Post Office.
The Board agreed to have the hearing in early April about this matter and will come back on
Wednesday to set the date.
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Selectmen's Meeting — March 14, 2016
Ms. McKenna, spoke on behalf of the Tourism Committee and Battle Green Masterplan
Committee. In regards to setting the hearing for April, the Tourism Committee starts all of their
planning then so it would be very busy and they would not able to have as many groups
involved. Consideration needs to be made for the tourism season and asks that they not plan a
beginning of April meeting for this matter.
Mr. Jerry Michelson, Chairman of the Center Committee, asked about the analysis of what will
be done.
Mr. Pato responded that the Engineering Division is going to preliminary studies for traffic flows
and accident rates in the area and goal is to reduce crash rate at Harrington Road and Bedford
Street intersection.
Mr. Michelson asked if electronic analysis will be done or strictly observational. Mr. Pato did not
know that at this time.
Ms. Ciccolo stated they had previously discussed doing this trial and this is a type of hearing is
informational that could be watched later by the public and has been discussed numerous times
already and it is necessary to have the meeting done at this time.
Ms. Barry stated that she agrees with Ms. Ciccolo on having the public hearing in April.
Ms. McKenna stated that she is requesting holding off having a meeting until late June /early
July. Also, suggested not getting crash data after Harrington Road one -way.
The Board agreed on having a public hearing in early April on this matter.
Annual and Special Town Meeting
Motion for Special Town Meeting 2016 -3
Article 2 — Appropriate for Middle Schools — Additions and Remodeling
The Board reviewed two options for Article 2, Appropriate for Middle Schools — Additions and
Remodeling. The first option requests $62,197,200 with no contingency and includes the
summer work. The second option includes two parts: Part A requests $4,105,000 for the work
to be done over the summer which would not be contingent on a debt exclusion and Part B
requests $58,092,200 which would be contingent on a debt exclusion vote.
The Board supports Option 2.
Article 3 -- PEG Access and Cable Related Fund Acceptance — to be indefinitely
postponed.
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Selectmen's Meeting - March 14, 2016
Article Discussions
Mr. Pato suggested that a consensus plan be put together before Town Meeting for Article 10a
(Municipal Capital Projects) for the Center Streetscape Improvements and Easements.
Article Positions
The Board supports the following Annual Town Meeting articles:
Article 4 - Appropriate FY2017 Operating Budget
Article 5 - Appropriate FY2017 Enterprise Funds Budgets
Article 6 - Appropriate for Senior Service Program
Article 7 - Establish and Continue Departmental Revolving Funds and
Special Revenue Fund
Article 9 - Appropriate for Recreation Capital Projects
Article 12 - Appropriate for Wastewater System Improvements
Article 13 - Appropriate for School Capital Projects and Equipment
Article 14 - Appropriate for School Zone Traffic Calming - to be indefinitely postponed
Article 15 - Appropriate for Public Facilities Capital Projects
Article 17 - Victory Garden Way Acceptance
Article 19 - Appropriate for Bonds and Notes Premiums - to be indefinitely postponed
Article 20 - Rescind Prior Borrowing Authorizations
Article 21 - Establish and Appropriate to and from Specified Stabilization Funds
Article 22 - Appropriate to Stabilization Fund - to be indefinitely postponed
Article 23 - Appropriate from Debt Service Stabilization Fund
Article 27 - Establish Qualifications for Tax Deferrals
Article Assignments
The following article assignments were made:
Barry STM 2016 -3 Article 2, ATM Articles 9, 12, 13, 21, 27, 32, 33
Ciccolo ATM Articles 10, 14 16, 23
Cohen ATM Articles 6, 7, 8, 17, 19, 24, 40
Kelley Article 5, 15, 20
Pato STM 2016 -3, ATM Articles 3, 4, 18, 34
Remaining articles to be assigned include: Article 11, 22, 25, 26, 28, 29, 30, 31, 35, 36, 37, 38,
39, 41, 42, 43, 44, and 45.
Approve Request for Discovery Day Street Fair
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the Lexington
Retailers Association detailed in a letter dated March 4, 2016, to have exclusive use of the
Muzzey Street /Waltham Street parking lot on Saturday, May 28, 2016 (rain date June 4) from
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Selectmen's Meeting — March 14, 2016
5:00 a.m. to 5:00 p.m. for the 37th annual Discovery Day Street Fair, to erect seven temporary
signs, park a flat bed trailer in Lexington Center and provide free parking, subject to working out
all the details with Public Works and Police staff.
Approve Center Sidewalk Permit Fees
Mr. Valente explained that it has been the Town's practice to allow food establishments in the
Center to license the use of the adjacent public sidewalks for food service. Bertucci's and Peet's
Coffee have licensed the use of the sidewalks in front of their establishments for customer tables.
He recommended an increase of approximately 3 percent for 2016, consistent with the increase
in the tax levy. If approved, Bertucci's monthly fee will be $445 from the current $430 and
Pee'ts Coffee will be $70 from the current $65.
Upon motion duly made and seconded, it was voted 5 -0 to establish sidewalk license fees of
$445 per month for Bertucci's and $70 per month for Peet's Coffee.
Selectmen Committee Appointment /Reappointment
Registrar of Voters Appointment
Sarah Warren's appointment to the Registrar of Voters expires March 31, 2016. Letters were sent
to the Democratic and Republican Town Committees requesting three nominations for the term
to expire March 31, 2019. Nominations were received from the Democratic Town Committee
only. Mr. Pato and Mr. Cohen interviewed Ms. Moore and recommend she be appointed.
Upon motion duly made and seconded, it was voted 5 -0 to appoint Judy Moore to the Registrar
of Voters for a term to expire March 31, 2019.
Town Counsel Reappointment
Upon motion duly made and seconded, it was voted 5 -0 to reappoint Anderson and Kreiger,
represented by William L. Lahey, as our Counsel for Lexington for a term to expire March 31,
2017.
Aloft/Element Change of Owner — Request for Common Victualler License
New owners have requested approval of Common Victualler licenses for Aloft and Element.
They have requested that the licenses be issued prior to their proposed closing on March 15,
2016.
Town Counsel suggests that the licenses be issued with two conditions:
1. Lixi Hospitality Lexington, Inc. taking ownership of the property at 727A and 727B
Marrett Road; and
2. Lixi Hospitality Lexington, Inc. or its management company providing evidence of
Workers Compensation Insurance, as required by law.
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Selectmen's Meeting — March 14, 2016
Upon motion duly made and seconded, it was voted 5 -0 to approve a Common Victualler license
to Lixi Hospitality Lexington FB Mgmt., Inc., d /b /a Aloft Lexington, located at 727A Marrett
Road, subject to the proposed conditions above.
Upon motion duly made and seconded, it was voted 5 -0 to approve a Common Victualler license
to Lixi Hospitality Lexington FB Mgmt., Inc., d /b /a /Element Lexington, located at 727B Marrett
Road, subject to the proposed conditions above.
Consent Agenda
Adjustments to Water and Sewer Charges
Upon motion duly made and seconded, it was voted 5 -0 to approve the adjustment to water and
sewer charges as recommended by WSAB 2/25/16 ($412.40).
Upon motion duly made and seconded, it was voted 5 -0 to adjourn at 10:35 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
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Selectmen's Meeting
March 16, 2016
A meeting of the Board of Selectmen was held on Wednesday, March 16, 2016, at 6:47 p.m. in
the Hudson Room of the Cary Memorial Building. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley,
Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the
Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Pato commented that he put at the Selectmen's place an item that will go into their packet
for Monday night's discussion. It is a draft proposal for the "Center Streetscape Phase 0 ", a
memo of how we go forward with the motion we are bringing to Town Meeting with respect to
the redesign of the Woburn Street intersection. What is missing at this stage is the proposed
funding for this element of the project which will be available by Monday night.
Tourism Request — Presentation at Town Meeting
Ms. McKenna, chair of the Lexington Tourism Committee, indicated that the committee, which
is now a "bylaw" committee, would like to present a report to Town Meeting. This year there has
been a lot of substantive changes with the hiring of Meghan Zammuto and some of the
transitioning. They would like Town Meeting to have a better handle on those changes. One of
the big reasons they wanted more staffing support is to gather statistics. They have already been
able to get some of those statistics which have validated the work the committee has been doing.
To give Meghan the opportunity to present this information and let Town Meeting to get to know
her would be important.
Ms. Barry asked if this is a typical request to the Board or does it go to the Town Moderator?
Mr. Pato indicated that the usual request would go through the appointing authority to the
moderator.
Ms. McKenna further stated there has been controversy about their being a bylaw committee.
She indicated she checked with Town Moderator Deb Brown who confirmed that she should go
through the Board and she was fine with whatever the Selectmen wanted to do.
There was discussion among the Selectmen as to whether there were limits in the length of a
presentation under Article 2. Some thought 5 — 10 minutes although it was pointed out that
typically committees submit a written report.
Mr. Pato indicated he would convey to the moderator that a limited presentation is authorized.
Woburn Street /Winthrop Road/Fletcher /Mass. Avenue Neighborhood Traffic Study
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Selectmen's Meeting — March 16, 2016
Ms. Laura Castelli and Ms. Tracie Lenhardt, consulting engineers from VHB, presented
information on the study's purpose, existing conditions, existing volumes with proposed
improvements and an evaluation of potential mitigation.
Ms. Castelli said VHB was hired not to look at what Beta has done on the Streetscape Project
and the potential traffic signal at Mass. Ave. and Woburn Street, but look at what is happening in
the neighborhoods on the north and south of that intersection and what a traffic signal will mean
for those neighborhoods. Their purpose is not to critique or peer review what has been done to
date but to look to the north and to the south, the cut through traffic today, and likelihood for
increased cut through traffic in the future. They are working on recommendations to alleviate
that and will highlight the additional concerns of a traffic signal and what needs to be done by
the Town to offset those impacts. They also looked at the Town Hall parking lot and have
recommendations for that as well.
The Town has received complaints about existing cut - through traffic on all the streets listed:
Vine, Sheridan, Hayes, Fletcher via Grant, north of Mass. Ave.; and Winthrop, Slocum and
Bloomfield south of Mass. Ave. Also, cut through traffic in the Town Hall parking lot that
avoids Fletcher onto Woburn St. and onto Mass. Ave. The concern is about an increase in
neighborhood cut through traffic with a signal.
Ms. Castelli pointed out that the study area breaks out into three areas: north of Mass Ave.; Vine
Street area; and south of Mass. Ave. where they observed a whole neighborhood system of
streets. She proceeded to describe the existing conditions. During the morning peak hour, flow of
traffic is toward the south and west toward Route 2, Waltham, and Route 128 and there is a
significant queue of traffic on Woburn Street. Also queues on Waltham Street near the high
school which does not impact the neighborhoods. Did not see a lot of cut through traffic in the
morning. Did observe in the Winthrop Ave. neighborhood, most was from the adjacent
roadways. North of Mass. Ave. they did not see a lot of cut through traffic through the peak
hour, either visual or through traffic count data. The travel time runs through the primary routes
did not result in enough of a difference during the morning peak hour.
Moving to the evening peak hour traffic patterns, the shift of traffic changes up to the north and
east but no real observations of cut - through traffic. The Waltham Street queue traffic counts bear
this out. No large spike in traffic on neighborhood streets. South of Mass. Ave. the travel time
for the primary route is about 4 minutes, 31 seconds heading toward the east. To go through the
neighborhoods is significantly less. This location is highlighted as a potential concern especially
when we are talking about multiple signals.
As a summary, there is negligible "cut through" traffic under existing conditions. Do see a
potential for increased neighborhood cut through traffic with the implementation of this traffic
signal if there are no mitigations also implemented. The crash data saw no big surprises and
nothing out of the ordinary on roadways of this volume. A number of crashes involving vehicles,
pedestrians and bicyclists at the Minuteman Bikeway crossing on Woburn Street, somewhat
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Selectmen's Meeting — March 16, 2016
expected given the number of people using the trail and the amount of people using Woburn
Street. The traffic signal during the peak hours alleviates some of the queueing on Woburn Street
but people will still be expecting to wait in traffic under that condition. For off peak hours and
weekends there will be more of a free flow condition. Make sure the conditions on Woburn
Street do not exacerbate the problems at the trail crossing and look into treatment of the trail
crossing to offset those impacts.
Looking at the proposed improvements provided by the Beta Group: The intersection to the
north is realigned more straightly with Winthrop Road and a signal is installed at the intersection.
The potential impacts to cut - through primarily involve the neighborhood to the south. Some of
the reasons can be easily mitigated by traffic signal design features and others which will need
more work. The first one is the ability to go from Waltham Street to Mass. Ave. via Winthrop
Road knowing it is signalized. Signal timings could control that by giving little green time; or
not allowing a left turn from Mass. Ave. to Winthrop Road. If traffic signal, it would probably
mean not allowing at any time of day or during peak hours or certain times of the day. The
hardest challenge will be those coming down Woburn Street to Mass. Ave. Today almost
everybody turns right but it is very difficult geometry which is not very friendly. But as you
realign the intersection and line it up geometrically in an appropriate way, we may be sending
people headed toward the Route 2 corridor down Winthrop Road. This is the one area for
potential for cut through traffic issues. During the morning peak hour we don't see a lot of
additional cut through traffic. North of Mass. Ave. in the morning and evening, we don't see the
potential to increase cut through traffic patterns.
Potential mitigation recommendations include:
Where warranted and appropriate, consider:
• Additional signage; vertical elements
• Speed tables /humps
• Road closures /turn restrictions /time restrictions
• Curb extensions /chicanes which create a slaloming effect
• Pedestrian accommodations
Pros /cons of each will be evaluated:
• Reduced travel speed /volume
• Geometric and drainage challenges
Speed control is a concern regardless of signalization; except for Vine St., speeds are fairly high
for residential streets. Grant Street has slightly higher speeds because it is a collector roadway.
Intersection changes along the Highland /Winthrop corridor which include Sherburne, John
Poulter, and Vine Brook Roads which could be candidates for raised intersections to lower
speed.
Ms. Barry wanted to know what time of day the traffic counts were done.
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Selectmen's Meeting – March 16, 2016
Ms. Castelli indicated formal observations were peak travel times: mornings 7 – 9 and evenings
4 – 6. They were also out there all times of the day and weekends.
Mr. Kelley asked to see the proposed design for Woburn St. and asked if they documented
particular backups in any direction at this location. Were queues consistent morning and
evening? How did they determine if a car was a "cut through" car or "neighborhood" car?
Ms. Castelli said they looked at the volumes on the roads and if they peaked compared to the
houses on the road. The queues were consistent and they followed cars into the neighborhoods.
There were vehicles who were cutting through but only here and there, not consistent.
Mr. Kelley said two lanes were leaving Woburn Street. If people focused toward south side of
town, would the traffic design encourage cut through to Winthrop Road? Ms. Castelli indicated
this would lend itself to mitigation —to encourage right turn on Mass. Ave.
John Flynn, 1 Hunt Road, indicated many concerned about this issue. With existing conditions in
the neighborhood, he would encourage any mitigation. Real concern is the impact if we change
the traffic flows. Referenced November 30 presentation which provided the revised traffic flows
and queueing. He presented slides from that meeting. The neighborhood believes the
reconfiguration of the intersection significantly alters the traffic flows and queues and creates
more congestion for the neighborhoods and encourages cut - throughs. The traffic lights introduce
the reality of using Winthrop Road as a cut - through. You will not see this in the current data so
an analysis is needed.
Mr. Pato clarified that the Board is only considering changes with a traffic signal whereas the
November 30 presentation was for changes only.
Ms. Castelli indicated they did look at this and generally indicate the most vulnerable traffic will
go straight from Woburn Street to Winthrop Road. So, what that number represents is unknown
so how do you discourage it or what types of mitigation measures will they be recommending to
address those issues.
Mr. Hunt addressed the left hand turn on Winthrop Road and Mass. Ave. but you could do this
without reconfiguration or traffic light.
Ms. McKenna, 9 Hancock Street, grew up on Winthrop Road. If you put a traffic signal there, the
problem is going to be much worse as cars look to avoid the Center. Urge not to put this proposal
forward at Town Meeting and try other temporary trials. Board should link together with the
other end of Mass. Avenue, the Center and this end.
Mr. Cohen interested that Mr. Flynn said there was no crisis in the neighborhood yet. Mr. Cohen
uses Winthrop Road at peak times and most of the time he does not see a single car. Would not
spend a lot of time on Vine Street as it is too narrow.
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Selectmen's Meeting — March 16, 2016
Mr. Pato asked if there was potential for "Do Not Enter" at the Woburn Street intersection during
certain times of the day.
Ms. Castelli indicated they were considering that as well as time of day restrictions on other
roads: If no left turn on Winthrop, do we also do time of day restrictions on Hunt, Slocum,
Bloomfield and Percy Roads. Will be looking at all of these measures. Neighborhood people
would have to go all the way around.
Mr. Valente said the next phase is to present it to the neighborhood before VHB comes back with
further recommendations for the Board. Part of it is timing neighborhood meetings.
Ms. Castelli indicated the earliest meeting with the neighbors would be late April.
Mr. Kelley asked about using mitigating by "speed tabling" to slow traffic on side streets like
Winthrop and Sherburne to discourage through traffic at more than 20 miles per hour. He
indicated different options should be offered to the neighborhood.
Ms. Castelli indicated they have not been out in the community on this project so they have not
received any feedback from the neighborhood on this issue.
Mr. Valente said that was the plan for VHB to present not only the data but present different
options and get feedback.
Ms. Ciccolo wanted to know specific data on how many cars we were talking about taking a
right turn from Woburn Street onto Mass. Ave. and then a left turn on Waltham Street. It could
help project how many would cut through to Winthrop Road. Is it five cars an hour or 100?
Ms. Castelli indicated it is possible, but quite an undertaking and expensive to capture this type
of analysis. Would have to have people at both locations taking down license numbers at
different times of the day.
Mr. Pato said the first step is the counts of turning movements onto Waltham Street from Mass.
Avenue vs. the volume entering into the Mass. Ave. stream from Woburn Street. A preliminary
percentage based desk analysis could be done.
Upon motion duly made and seconded, it was voted 5 — 0 to adjourn at 7:43 p.m.
Attachment: Woburn Street /Winthrop Street Neighborhood Study
A true record; Attest:
Diana A. Chabot
Assistant to the Executive Clerk
69-364
Selectmen's Meeting
March 21, 2016
A meeting of the Board of Selectmen was held on Monday, March 21, 2016, at 6:00 p.m., in the
Selectmen's Meeting Room of the Town Office Building. Mr. Pato, Chairman, Mr. Kelley, Mr.
Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk were present.
Selectmen Concerns and Liaison Reports
Mr. Cohen was concerned about the unnamed source that he has heard about from people who
have called him that has been spreading rumors about Center Streetscape project and asked that
they stop spreading the rumors.
Town Manager Report
Mr. Valente reported that Town Meeting will have Wi -Fi available and that the Town's webpage
has information on town meeting that will be accessible because of the Wi -Fi.
Continued Public Hearing — Belmont Country Club Notice of Intent to Sell Recreation
Land /Right of First Refusal
Mr. Pato continued the hearing at 6:05 p.m.
Mr. Valente provided the Board with a map showing the piece of property that the Belmont
Country Club is considering selling to the Montessori School, who is currently leasing the
property. The property is approximately 19 acres. The map also shows the locations of the
wetlands.
The Board needs to set a future date if it wants to invite the neighbors to an information meeting.
Ms. Carpenter, 94 Pleasant Street and Precinct 2 Town Meeting Member, asked the Board to
continue to keep the options open for purchasing the land. The Conservation Commission plans
to reconsider the Town's interest in the property at their meeting on Tuesday, March 22.
Mr. Hausslein, member of the Greenways Corridor Committee (GCC), stated the GCC is
interested in the Town acquiring the parcel to protect its scenic value and provide the opportunity
to construct a hiking trail connecting Pleasant Street with Concord Avenue as part of the
ACROSS Lexington trail network.
Ms. Entin stated the Citizens for Conservation is also interested in the land.
Mr. Kelley asked about the sewer easement. Ms. Carpenter stated that it runs along the Route 2
property line.
April 14 was the suggested date for a public hearing.
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Selectmen's Meeting — March 21, 2016
Ms. Ciccolo asked if staff could provide what the debt service payments would be and how they
would impact the tax rate.
Ms. Barry asked what the Finance Committees would need.
Mr. Kelley suggested connecting with the Montessori School and what they want to achieve.
Mr. Cohen agreed.
Mr. Cohen stated it may be possible to use Community Preservation Act funds. He also asked
that the Town Manager make sure what the 120 days means and that the property would not need
to be closed on within the 120 days.
The hearing was continued until April 14, 2016, at 7:00 p.m. in Estabrook Hall, Cary Memorial
Building.
Article Presentations /Discussion Positions
Article 30 Presentation — Amend General Bylaws — Demolition of Buildings
Ms. Hopkins, Chair of the Historic Districts Commission, stated that homes in the Historic
Districts Commission purview are not covered for demolition by neglect which occurs when
homes are not maintained for any number of reasons. It is recommended by Town Counsel that
Chapter 19 of the Code of the Town of Lexington (Buildings, Demolition of) be revised to
include the Historic Districts Commission.
The Board supports Article 30 unanimously.
Article 10a — Center Streetscape Improvements and Easements — Phase 1
Mr. Valente met with Mr. Hadley, Mr. Livsey, Mr. Cannon and Mr. Kucharsky after the VHB
presentation last week. The consensus is that the appropriate mitigation should be determined
after engaging the neighborhood on the various options. Further, because there will be some
costs for installing the mitigation measures, these costs should be included in the Center
Streetscape appropriation. Since it will take time to work through, the recommendation is to
defer action on the Center Streetscape project for this town meeting.
The Board was unanimous in supporting the recommendation to indefinitely postpone Article
10a.
Article 43 — Amend Zoning By -Law — Banking and Real Estate Service Uses
in the CB District
Mr. Pato stated that the Planning Board is bringing forward a different article than was presented
to both the Selectmen and Center Committee. It was suggested that the Planning Board and
Center Committee be invited to come to a Selectmen's Meeting to discuss.
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Selectmen's Meeting — March 21, 2016
Article 34 — Amend General Bylaws — Guns
Mr. Cohen was concerned that the proposed resolution and the existing laws may not protect
citizens. He will look into what the laws are.
Article Positions
The Board unanimously supports the following articles:
Article 10a — Center Streetscape Improvements and Easements (Indefinitely Postponed)
Article 29 — Amend General Bylaws - Neighborhood Conservation Districts
Article 30 — Amend General Bylaws — Demolition of Buildings
The Board discussed the following article positions that were not unanimous:
Article 34 — Amend General Bylaws — Guns (2 yes, 2 no and 1 wait)
Article 39 — Amend Zoning By -Law — Maximum Height of Structures (4 yes, 1 wait)
Article 42 — Amend Zoning By -Law — Two - Family Homes (2 wait, 3 no)
Center Streetscape Design Review Committee Appointments
It was suggested that the charge be revised to include more guidance on the work to do and also
that the deliverables be further worked out with the Engineering Division. Ms. Ciccolo and Ms.
Barry will work on this and also a mission statement.
The Board will revisit the appointments and the charge /mission statement at their meeting on
Wednesday, March 23.
Liquor License — Change of Manager — Bertucci's
Bertucci's has submitted paperwork requesting that Matthew Bassett be appointed manager.
Upon motion duly made and seconded, it was voted 5 -0 to approve the application reflecting a
change of manager and issue an all alcoholic Common Victualler License to the Bertucci's
Restaurant Corporation, d /b /a Bertucci's Brick Oven Ristorante, 1777 Massachusetts Avenue,
subject to receiving an Alcohol Awareness Training Certificate from the proposed manager.
Close Warrant for Citizen Petition Articles for the April 25, 2016 Special Town Meeting 2016 -4
Upon motion duly made and seconded, it was voted 5 -0 to close the warrant for the April 25,
2016 Special Town Meeting 2016 -4 to citizen articles.
Selectmen Committee — Resignation — Community Farming Committee
Ms. Ciccolo stated that the committee has struggled to maintain its membership and the Board
should rethink its mission and charge.
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Selectmen's Meeting — March 21, 2016
Upon motion duly made and seconded, it was voted 5 -0 to accept the resignation of Michael
Bliss from the Community Farming Committee, effective immediately.
Set Date for Public Information Session for Center Road Reconfiguration Trials
The Board decided to hold a Public Information Session on the road configuration trials for the
center at the following locations: Bedford Street and Harrington Road, Massachusetts Avenue
and Waltham Street eastbound, and Massachusetts Avenue and Edison Way westbound.
Engineering is available on April 7.
Ms. Barry has a conflict.
Mr. Kelley asked how outreach would occur. Mr. Pato responded that in the past information
meetings have been sent to the Lexington Minuteman, Lexington List, Town Meeting Members,
Town's web site.
Ms. Barry suggested contacting the schools to see if the Town could use the School's email
system of notifying parents to cover the potential effect of cross town traffic.
Ms. McKenna, 9 Hancock Street, spoke to a member of the Unitarian Church that said April 7
would be too soon for the church to discuss because of the Easter holiday. Ms. McKenna also is
not available on April 7 and asked the Board to consider another date.
The Board will check to see if Engineering is available another date and also check with the
Unitarian Church to see when they would be available to attend a meeting.
Upon motion duly made and seconded, it was voted to adjourn at 7:00 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
69 -368
Selectmen's Meeting
March 23, 2016
A regular meeting of the Board of Selectmen was held on Wednesday, March 23, 2016, at 6:06
p.m. in the Selectmen Meeting Room of the Town Office Building. Mr. Pato, Chairman, Mr.
Kelley, Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Chabot,
Acting Executive Clerk, were present.
Selectmen Concerns and Liaison Reports
Mr. Pato stated he was at the Community Center for the Communities for Restorative Justice
programs and noticed a new plaque in the lobby with a poem entitled, "The Building of
Democracy — Room for Us All" by Regie O'Hare Gibson. The plaque was a gift from David
Kanter to the Community Center. Mr. Pato would like to have a celebration to honor the plaque.
Review Draft Warrant for April 25 Special Town Meeting 2016 -4
There is a draft Warrant with five (5) proposed articles:
1. Reports of Town Boards, Officers, Committees
2. Minuteman School Project Debt
3. Accepting Easement for Bus Stop
4. Capital Expenditures Committee Bylaw Changes
5. Belmont Country Club
The articles will be on the agenda to sign next Monday and will be printed on Tuesday. Mr. Pato
asked the Board to read it over and give their input on any changes needed.
Mr. Cohen stated in Article 2, Minuteman Regional School Bonding Authorization, they do not
need a funds request in the warrant to do it because there are ten (10) towns that are going to pay
for it in addition to the state.
Mr. Pato stated that they will continue the discussion on Article 5 before taking any action.
Review Debt Exclusion Questions for Election Warrant
Mr. Valente stated that Town Meeting voted Monday night to appropriate funds for renovations
and additions to the two middle schools and the Board of Selectmen will need to consider
whether to exclude the financing of these projects from the limits of Proposition 2 1/2 (Debt
Exclusion). In addition, the Board will be considering whether to include in a potential Debt
Exclusion question the appropriations previously approved by Town Meeting for the school
facilities master plan, design and engineering as well as elementary school modular classrooms.
Two Debt Exclusion question options are presented: One is if you wish to have a single Debt
Exclusion question for all potential projects and the other divides it into two questions, one
related to the elementary school projects including design and master planning and the other
related just to the middle schools projects.
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Selectmen's Meeting — March 23, 2016
Mr. Hurley, Chair of School Committee, stated that they would like the two middle school
projects to be considered as one (1) project and they voted 4 -0 on this matter. If it is bundled as
one question, then the work that was already committed would not come back to the Town's
operating budget in the subsequent year.
Mr. Pato stated that in the models they used when presenting taxpayer impact, they assumed the
entire debt service is excluded. Mr. Valente confirmed this is correct.
Mr. Pato had asked the finance committees for any final recommendations and have received
none.
Ms. Ciccolo agreed that they should include both middle schools in one question.
Mr. Cohen agreed that since this is one school master planning, it should be one question.
Mr. Kelley asked for clarification on the language in Option 2 regarding the elementary school
facility being "required to pay for bonds issued in order to conduct design and..." That language
is not in the 2nd question regarding middle school question. Mr. Kelley asked Mr. Valente if we
are looking to reach back to previously funded studies and designs more than what was presently
done with respect to modular classrooms. Mr. Kelley asked if we are looking to pull back all that
money and put it out as part of this piece.
Mr. Valente stated that we are going back to two (2) appropriations that were made December
2014 -- $4,038,000, and the second one is $5 million dollars.
Mr. Kelley states that he does not support a single question because during the course of
evaluating the best and most cost effective way of addressing program and increase population in
elementary schools was to include space mining and utilization of existing spaces and including
information for redistricting. The two (2) questions would create a good debate of questions. He
supports both questions but he has reservations about the modular classrooms for elementary
schools and it needs greater discussion. The other reason is to have choice and opportunity for
debating an override question.
Ms. Barry asked if they are anticipating hearing from the finance committees (no). Are you
looking for a decision tonight (yes). Is the modular project already underway?
Mr. Valente responded that Town Meeting has approved the funding for the master planning and
modular classrooms and it is happening. The question is whether to exclude the Debt Service
from limits of Prop. 2 1 /2.
Ms. Barry understands Mr. Kelley's concern to vet the modular project.
Mr. Kelley stated that he understands it has started to move forward but he feels it needs to be
debated and discussed so the community registers on that.
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Selectmen's Meeting — March 23, 2016
Ms. Barry states that she is in agreement with one (1) question.
Mr. Pato has spoken with the School Committee and some others and most feel like it should be
brought forward as one (1) question. Mr. Pato is leaning towards one (1) question as well. Even
though they are different age groups, they are a collection of projects together and school
capacity is a single problem.
Mr. Kelley stated that the middle school project is a good project but he does not have the same
regard for the elementary school project. He wants to take a vote of making it one (1) question.
Mr. Pato stated that the document will be prepared for them to sign and do a final vote on
Monday.
Ms. Ciccolo asked if the Board would take a vote on having staff prepare a final warrant with
one (1) question to be ready on Monday. Upon motion duly made by Ms. Ciccolo and seconded
by Mr. Pato, it was voted 4 -1 with Mr. Kelley in opposition.
Mr. Pato stated that they will formally call the election on Monday.
Set Date for Public Information Session for Center Road Reconfiguration Trials
Mr. Pato indicated the issue was discussed on March 21 and continued to tonight. April 7 is the
only day that works for the information session but Mr. Pato wants to make a proposal that they
will keep open for written comments until April 28, and then on Monday, May 2, it would be
open for oral comments, with the decision made on May 9.
Ms. Barry asks if there is an opportunity for oral comment prior to May 2. There will not be an
opportunity before May 2 unless it is during Public Comments or face to face during the Board
members' office hours.
Article Presentations /Discussion/Positions
While having taken positions on most articles, Mr. Pato invited members to comment or change
positions already taken or a go from a "wait" to a position.
Ms. Barry asked if they are getting a presentation on Antony Park. Yes, the CPA presentation is
on April 4. Mr. Valente indicated Mr. Cannon and Mr. Pinsonneault will be available.
Article 31 (Amend General Bylaws — Contracts and Deeds)
Mr. Valente stated this is in regards to the length of time they can issue contracts for
procurement. State law changed two (2) years ago to allow towns to issue leases for buildings
from 10 years to 30 years. We are updating the Town's bylaw. Introductory paragraph was
confusing so they will work with Town Counsel and the Appropriation Committee to tighten up
the information. The Board voted 5 -0 to support Article 31.
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Selectmen's Meeting — March 23, 2016
Article 35 (Lexpress Resolution)
Mr. Pato indicated there were two motions submitted. Board does not have to take a position.
Some wording has changed.
Article 43 Banking and Real Estate Service Uses
Mr. Pato said they are giving time for Planning Board and Center Committee to finalize edits and
they are getting close to a final version. That article has been moved to April 11.
Mr. Kelley asked where the process is at with Brookhaven. Mr. Valente answered that they are
working on a draft MOU and hope within the next few days to have something to discuss with
the Board of Selectmen based on previous discussions. That is scheduled for April 25.
Center Streetscape Design Review Committee Appointments
Postponed until next Monday, April 4, or Wednesday, April 6, 2016.
Selectmen Committee — Resignations /Appointment — Board of Appeals
Resignation from Board of Appeals, Mr. Leo McSweeney.
Upon motion duly made and seconded, it was voted 5 -0 to approve the resignation of Mr. Leo
McSweeney from the Board of Appeals immediately.
Mr. Pato stated that he will defer action on further appointments and will come back to it at
another meeting.
Consent Agenda
Use of the Battle Green — Historical Society
Upon motion duly made and seconded, it was voted 5 -0 to approve the use of the Battle
Green by the Historical Society on April 20, 2016, for a Children's Battle Reenactment from
10:00 a.m. to 12:00 noon.
Water & Sewer Commitments
Upon motion duly made and seconded, it was voted 5 -0 to approve following water and
sewer commitments:
Water & Sewer Commitments February Cycle 9 Billing $214,230.97
Water & Sewer Commitments February Finals $3,426.05
Approve Lexington Little League Opening Day Request
Upon motion duly made and seconded, it was voted 5 -0 to approve the request of the
Lexington Little League for the Annual Little League Parade on Saturday, April 30, 2016, from
8:30 a.m. to approximately 11:00 a.m. as outlined in their letter dated March 10, 2016. The
Town Manager, Police, Fire and Public Works staff have approved the plans.
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Selectmen's Meeting — March 23, 2016
Approve Tax Bill Inserts — REV Stop in Lexington Center
Upon motion duly made and seconded, it was voted 5 -0 to approve the insertion of a
notice in the tax bill announcing the new REV stop in Lexington Center.
Mr. Pato stated that there will be an Executive Session scheduled for Monday night to continue
their discussion on the Pelham property.
Upon motion duly made and seconded, it was voted to adjourn at 6:40 p.m.
A true record; Attest:
Diana B. Chabot
Acting Executive Clerk
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Selectmen's Meeting
March 28, 2016
A meeting of the Board of Selectmen was held on Monday, March 28, 2016, at 6:000 p.m., in
Room 143 in the Lexington High School, 251 Waltham Street. Mr. Pato, Chairman, Mr. Kelley,
Mr. Cohen, Ms. Ciccolo and Ms. Barry; Mr. Valente, Town Manager; and Ms. Pease, Executive
Clerk were present.
Selectmen Concerns and Liaison Reports
The Selectmen will lower the Battle Green flag on Wednesday, March 30, 2016, in honor of Jim
Kilmartin, former Captain for the Lexington Police Department.
Town Manager Report
Mr. Valente announced that David Pinsonneault will be the new Public Works Director,
replacing Bill Hadley.
Mr. Pinsonneault reported that the MWRA grant program for lead removal will not be used this
year since the Town is confident that the lead has been removed.
School Committee Request
Mr. Pato reported that the School Committee voted last week in favor of endorsing a resolution
put forward by the Suburban Coalition calling for the state to recognize its subcommittee's
recommendations and enforce Chapter 70 full programmatic funding for Massachusetts public
students.
The Board needs to consider the School Committee's request to join them in endorsing this
resolution and also consider the position of the Massachusetts Municipal Association (MMA).
Mr. Valente stated that the School Committee has requested that the Selectmen endorse the
position of the Suburban Coalition as it relates to the Governor's proposed funding of Chapter 70
for FY2017, and convey this position to our State legislators. While many of the points made by
the Coalition are important to Lexington, in the past he has cautioned the Board on endorsing
positions that may be different than those of the MMA ( and vetted by the MMA Fiscal Policy
Committee), as it may send a conflicting message to our legislators.
Mr. Valente shared the Suburban Coalition position with John Robertson, Legislative Director
for the MMA. Mr. Robertson stated: "Generally, the MMA has taken a broader position on
Chapter 70 than the Suburban Coalition in the Resolution, asking for increased minimum aid to
soften the impact of low growth in the foundation budget and asking for implementation of the
recommendations of the Foundation Budget Review Commission (FBRC). They (the Coalition)
talk about implementation in the "immediate future ". We are a little less definite and talk about
a plan to "begin implementation ". The Suburban Coalition focuses on the FBRC
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Selectmen's Meeting — March 28, 2016
recommendations but only on the employee benefits and special education provisions and not on
the low - income — high need student's parts. We ask for implementation of all parts of the
recommendation related to the foundation budget. The Suburban Coalition is pretty limited in its
focus. We prefer our broader approach and tone."
Mr. Valente recommended that if the Board wishes to take a position on Chapter 70 funding, a
brief letter to our legislators endorsing the main concepts of both positions would be appropriate.
Mr. Pato asked for a comment from the School Committee on the MMA position and Mr. Hurley
would be comfortable with the Selectmen taking the hybrid approach.
The Selectmen agreed to send a letter to Lexington's legislators endorsing the main concepts of
both positions and give the Chairman the authority to sign.
Upon motion duly made and seconded, it was voted 5 -0 to send a letter under the Chairman's
signature.
Article Presentations /Discussion/Positions
Since Article l0a is being indefinitely postponed, Mr. Kelley has changed his position to yes.
The Board reviewed all other positions taken so far and had no further changes or additions.
The Article 2 report review for the Tourism Committee will take place on April 4.
Sign Warrant for Special Town Meeting 2016 -4 on April 25, 2016
The Board reviewed the warrant for the proposed April 25, 2016 Special Town Meeting 2016 -4.
Upon motion duly made and seconded, it was voted 5 -0 to sign the warrant for a Special Town
Meeting 2016 -4 to be held on April 25, 2016.
Call for May 3 Debt Exclusion and Vote Question
Mr. Kelley requested that a motion be taken to be on the record for 2 separate questions: one for
the middle schools and one for the elementary schools.
Upon motion duly made and seconded, it was voted 1 -4 (Mr. Kelley for) to split the questions
into two questions. The motion failed.
Mr. Kanter, Capital Expenditures Committee (CEC), stated that the CEC has not changed its
mind about a single question.
Upon motion duly made and seconded, it was voted 5 -0 to call a Special Election for a Debt
Exclusion Referendum on Tuesday, May 3, 2016 and to sign the warrant.
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Selectmen's Meeting — March 28, 2016
Selectmen Committee Appointments
Human Rights Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Mary Barry -Ng to the Human
Rights Committee, representing the Schools, for a term to expire September 30, 2018.
Tax Deferral and Exemption Study Committee
Upon motion duly made and seconded, it was voted 5 -0 to appoint Richard Bair to the Tax
Deferral and Exemption Study Committee.
Town Manager Appointment — Board of Health
Upon motion duly made and seconded, it was voted 5 -0 to approve the Town Manager's
reappointment of John Flynn to the Board of Health for a term to expire April 30, 2019.
Consent Agenda — Sign Flag Certificate
Upon motion duly made and seconded, it was voted 5 -0 to approve the Chairman signing a flag
certificate for Staff Sergeant Robert John Wishart in recognition of his over 38 years of service
to this nation in the United States Navy and United States Army.
Executive Session
Upon motion duly made and seconded, it was voted 4 -0 to go into executive session to consider
the purchase, exchange, lease or value of real property; 20 Pelham Road, and to reconvene in
open session only to adjourn. Further, the Chairman declared that an open meeting may have a
detrimental effect on the negotiating position of the Town.
Upon motion duly made and seconded, it was voted 4 -0 to adjourn at 6:55 p.m.
A true record; Attest:
Lynne A. Pease
Executive Clerk
69-376
Selectmen's Meeting
March 30, 2016
A meeting of the Board of Selectmen was held on Wednesday, March 30, 2016, at 6:00 p.m. in
Room 143, Lexington High School. Mr. Pato, Chairman, Mr. Cohen, Mr. Kelley, Ms. Ciccolo
and Ms. Barry; Mr. Valente, Town Manager and Ms. Chabot, Assistant to the Executive Clerk,
were present.
Selectmen Concerns and Liaison Reports
Mr. Pato stated that the Board received a query from the Trash Collection Committee. He
requests that the Board Members send a reply to the Town Manager on how to proceed.
In regard to the Center Design Ad Hoc Committee, the Board is scheduled to review the charge
for the Committee on April 6, but they have not yet received nominations for appointments to the
Committee from all parties.
Town Manager Report
Mr. Valente recognized the Director of Public Works, Mr. David Pinsonneault. Mr.
Pinsonneault would like to give an update on the large beech tree located by the Visitor's Center.
There are plans before Patriot's Day to remove the tree due to its deteriorating condition. After
Patriot's Day, they will replant another tree in that area. They are working with a couple of
different venues for possible uses of the wood from the beech tree.
Liquor License Hearing — Lemon Grass, Inc.
Attorney John Farrington, representing Lemon Grass, presented the request for approval for a
change of manager on their All Alcoholic Common Victualler Liquor License.
Upon motion duly made and seconded, it was voted 5 -0 to approve Warangtip Asci as the new
manager of Lemon Grass, Inc..
Liquor License Hearing — Daikanyama Corporation
Attorney Ed Grant, representing Daikanyama Corporation, presented the request. They received
approval from the Zoning Board of Appeals to expand and alter their premises. They are now
requesting a change of their license type from Beer and Wine to All Alcohol.
Upon motion duly made and seconded, it was voted 5 -0 to approve Daikanyama Corporation's
request to expand and alter their premises and change their license type from Beer and Wine to
All Alcohol.
Article Presentations /Discussion Positions
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Selectmen's Meeting — March 30, 2016
Article 8h — Antony Park Presentation
Ms. McKenna, Chair of the Tourism Committee indicated the Director of Public Works, Mr.
Pinsonneault, will present the Article. The article is requesting $60K to complete the sitting
wall, pathways and landscaping. There is other money set aside for irrigation and electrical. In
2010 the Board authorized the construction of Antony Park which will be located to the far right
hand side of Tower Park. It will be a park in honor of our sister city, Antony, France, where they
have a park in honor of Lexington. The Tourism Committee had a successful fundraising effort
which raised $60K. They used that money to hire the architect and do some site work and they
would like to see the completion of that site. There were some delays which caused the cost to
go up. Some of the contractors they hired did not work out. There had to be some reworking of
the project and survey work. They would like the additional funding so they can complete the
site. The cost of putting bids out was added into the cost of the project. They have been before
Community Preservation Committee (CPC), who voted in favor. Both the Appropriations and
Capital committees have voted unanimously for this project.
Ms. Barry asked what the timeline to completion is. Mr. Pinsonneault will have to ask about that
when the funds will be available from the CPC. Once the funds are available, they will move
forward.
Mr. Pato stated that originally it was a privately funded project and now it is being asked for
public funding.
Ms. McKenna stated that originally they spent $25,000 on the project design. They put the
project out to bid but it had to be re -bid. It had to be separated into sub - projects and there were
some delays in the work getting started. The contractor that DPW hired did not complete the job
on time and DPW had to spend engineering money beyond what was part of the budget having to
redo some of the engineering work. Some of the money was spent on the trees. Trees were
donated at cost and plantings were all donated. The trees did not take hold and had to be
removed so that had to be addressed.
Mr. Pinsonneault stated that they lost the trees because of the severe winter last year. Due to the
winds and locations, the younger trees did not survive, including other trees throughout town.
Mr. Pato stated that he is concerned that a 6 year delay is a 100% inflation. He is uncomfortable
with putting forward public money.
The Board took the position by a vote of 4 —1 (Mr. Pato) to approve the additional funding.
Mr. Kanter of the Capital Expenditures Committee stated their vote was 4 — 1 in favor.
Discussion of Articles before Town Meeting as needed:
Article 8o — Grain Mill Alley Design Implementation
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Selectmen's Meeting — March 30, 2016
Ms. Melissa Tintocalis, Economic Development Officer, presented this article. She gave an
update on Grain Mill Alley. The CPC voted in favor and the Board of Selectmen has voted in
favor. The staff is ready to move forward but there has been some concern because this project
is linked to the Mass. Ave. Streetscape project. Ms. Tintocalis stated that she wants to make sure
that this was the best route before moving forward to Town Meeting. They have been working
with Fred Johnson, who leads the Ad hoc Grain Mill Alley Steering Committee on the design.
Mr. Kelley stated that he was in favor of the Grain Mill Alley project but there has been some
changes in respect to the pass through between the private properties. A lot of the design is at
the back side of it but it does not seem like there is a completely settled design. The design may
have to go back to the Board of Selectmen and Historic District Commission (HDC). What level
has the HDC seen?
Ms. Tintocalis stated that the HDC has given preliminary approval to the original design. They
will be going back on April 7 to show how it would be integrated to the Center Streetscape
project. She has also been working with John Livsey and design will be integrated with Center
Streetscape. There will be another committee that will focus on the criteria. They would like to
culminate their criteria by December 2016. If Town Meeting approves Article 8o, they would
not have funding until July 1 and would wait until the criteria and design were settled for the
design on Mass. Ave.
Mr. Kelley asked if Ms. Tintocalis would look to the Board of Selectmen and HDC for final
approval of the design.
Ms. Tintocalis stated that she and Fred Johnson had presented the design as a whole to the Board
of Selectmen and HDC. They would like to present the portion that is at Mass. Ave. to the HDC.
Ms. Lynn Hopkins, chair of the HDC, has been part of the design process and has a couple of
recommendations. They will decide on that after they have an understanding of where the
committee wants to go with design criteria.
Ms. Tintocalis stated that $214,000 has been approved in funding. If they had broken up that
piece and only done design and the transportation node, with design and construction, it would
be $128,000.
Mr. Cohen asked for clarification on whether she is asking to reduce the amount of funding and
if it is just going to be for the back part of Grain Mill Alley.
Ms. Tintocalis stated that right now they have support at both ends. They want to continue to
move forward on both ends but if that is not possible, they would like a clear decision from the
Board of Selectmen so they can take that to Town Meeting and CPC. CPC has already voted to
support both ends.
Mr. Cohen stated that CPC has supported both ends but he thought that they were going to
postpone the front part of the project on Mass. Ave. because it needed to mesh with the Center
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Selectmen's Meeting — March 30, 2016
Streetscape. There has been broad support for what would be done in the back. Therefore, he
thought they were going to reduce the amount being asked for at Town Meeting just to cover the
back part.
Ms. Tintocalis stated that she would like to know if that is the route the Board wants staff to take.
Mr. Pato stated that staff would not proceed with the execution of the Mass. Ave. part of the
design until the design gets further along with the Center Streetscape. The question is if they
should put the request for the back portion only at Town Meeting or put the request in for both
portions.
Ms. Ciccolo stated that it would be confusing to have both parts presented at the Town Meeting.
They run the risk of this article failing if they bring both parts forward with an unknown factor.
They should reduce the request for Town Meeting.
Ms. Barry agrees with Ms. Ciccolo. She does not want to see it fail because of the controversy
with the Mass. Ave. portion and Center Streetscape.
Ms. Tintocalis stated that the revised design and cost would be $128,000.
Mr. Kelley asked if this is from the private property boundary at Edison Way to the bikeway
Ms. Tintocalis responded that the proposal is to expand the node accommodating approx. 20
bikes, bike repair station, signage, coverage and a speed table to improve safety of crossing the
roadway.
Mr. Kelley asked if they are going to have the opportunity this season to do something similar on
Grain Mill Alley on Mass. Ave. like putting tables and chairs out. Ms. Tintocalis responded that
they are planning on it but it is an independent issue and they would come back to the Board for
that approval.
The Board agreed unanimously to narrow the request to the bicycle path and just propose one
part of the Grain Mill Alley project at Town Meeting.
Mr. David Kanter, Precinct 7 Town Meeting member, agreed with the Board on their decision.
Article 41 (Gross Floor Area Ratio)
Mr. Kelley stated that he does not support this article because of the Town's definition of Gross
Floor Area (FAR). It includes the low grade space, attic space and covered porches. It creates
challenges with design. There has been a gravitation towards larger houses in the last 10 -15 years
but he does not think that is what the builders and buyers want to do. Dealing with the FAR,
there are a lot of unintended consequences. It makes sense to support Article 39. The data for
Article 41 is not accurate and has the potential for negative consequences.
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Selectmen's Meeting — March 30, 2016
Mr. Pato stated that he is in favor. The restrictions placed have limited effects on growth of
homes in town. The zoning bylaw change includes a specific set of guidance to the Special
Permit granting authority. Guidance includes determining that the project is not substantially
detrimental to the neighborhood, etc. Mr. Pato stated that there is guidance and an opportunity
for a Special Permit. The article is important for the community to help start shaping the impact
of large new construction.
The Board voted 1 in favor (Mr. Pato), 1 opposed (Mr. Kelley), and 3 undecided. The Board has
not taken a formal position.
Article 16 -- Appropriate for Advice and Analysis — Getting to Net Zero
The Board unanimously supported this article.
Use of the Battle Green
Patriot Ordinance Factory — Request to Film Commercial
Patriot Ordnance Factory (POF) has requested the use of the Battle Green for one day between
April 6 and 10 to film a commercial for the coming release of a new rifle using unmanned drone
photography. Mr. Pato indicated that there was feedback from the Police Chief that the 6th 7th
and the 9th are not available.
Ms. Barry asked if they have received any input from the DPW. Mr. Valente stated that the
Board blocked out a certain amount of time for DPW to do prep work for Patriots' Day and this
is outside of that time. Ms. Ciccolo asked Mr. Valente if they have any Town regulations for use
of drones in town (No). Mr. Cohen asked for clarification on what dates were available (only the
8th and 10th would qualify). Under the policy they would have to grant this. If the Board votes
for it, there will be a condition in which they name the Town as a beneficiary on the insurance
policy. Mr. Cohen asked if they have anything in writing from the agent of the company.
Mr. Pato stated that they can make that a condition.
Ms. Barry stated that she would not be in favor if this was done on the 10th, a Sunday. She has
concerns about the insurance, and the fact that they have not received anything from the
corporation, only the individual, and concerns with the drone since there are new FAA
requirements for that since we are within 5 miles of Hanscom. She does not know if they would
have to hire detail officers to keep pedestrians off the site.
Mr. Pato stated that he would like to correct that it is between the 6th and 11th, a Monday.
Ms. Ciccolo states that a police detail needs to be considered when putting in the conditions.
Mr. Pato stated that the Chief does have a list of conditions that would be put into the approval.
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Selectmen's Meeting – March 30, 2016
Ms. Barry asked if the Board had ever done any type of approval like this before —a commercial.
Mr. Pato does not know of any or any right to deny it.
Mr. Kelley stated that he is concerned about the timing with respect to the season. He would like
to keep these activities further out in the year, such as May. Work with DPW and have alternate
dates.
Mr. Pato agreed that they should specify stronger guidelines in regards to their policy.
Conditions were discussed: conditions from Chief of Police, proof of insurance, FAA
requirements, proof of agency of company to filming crew, recommendation of Police Chief on
how many details and is at the cost of the applicant and it must be Monday, April 11. They also
must have all paperwork in by April 6.
Ms. Barry stated that the insurance needs to cover any grass damage and an estimate for Police
details. She would prefer that it be done in May. She will be voting against this because she
would prefer it be done in May.
Mr. Kelley suggested they reconnect with the company about these conditions, have them meet
with DPW, and get back to the Board at another meeting with the responses.
Mr. Pato stated that it is only a week away and they would need to make a decision prior to next
week. Mr. Pato states that he believes they should vote tonight. He asked Mr. Valente if in the
absence of a policy stipulating why we would be declining use, do we have an issue?
Mr. Valente stated that there would be an issue with denying the use because the Board can set
reasonable conditions but to deny a use is against the Board's policy.
Upon motion duly made and seconded, the Board voted 3 – 2 (Ms. Barry and Ms. Ciccolo
opposed) to allow use of the Battle Green.
Ryan Riney – Assembly to Protest Passage of Article 34
Mr. Ryan Riney requests use of the Battle Green on April 9. The Board has already granted use
of the Battle Green to the Lexington Minutemen for use as a rain date for their rehearsal. If
Article 34 does not pass, Mr. Riney said he does not intend to have the protest.
Ms. Barry asked if there is an alternate location they can assemble such as the Visitor's Center or
Hastings Park. Mr. Pato responded that that is under the jurisdiction of the Town Manager and
they would have to request an assembly permit.
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Selectmen's Meeting — March 30, 2016
Mr. Valente responded that for Hastings Park they would have to go to the Town Manager's
office. Across Bedford Street is still considered part of the Battle Green so it would be under the
Board's jurisdiction. Ms. Barry stated that the Minutemen will be using both parcels on Bedford
Street.
Upon motion duly made and seconded, it was voted 5 — 0 that they deny the use of the Battle
Green on that day due to availability.
Consent
Approve One -Day Liquor License — Historical Society
The Historical Society has requested a one -day liquor license to serve beer and wine at a
fundraiser on May 21, 2016 (rain -date May 22, 2016), from 5:00 p.m. to 8:00 p.m. at the Munroe
Tavern located at 1332 Massachusetts Ave.
Upon motion duly made and seconded, it was voted 5 — 0 to approve the consent agenda.
Executive Session
Upon motion duly made and seconded, it was voted 4 - 0 by roll call at 6:58 p.m. to go into
executive session to consider the purchase, exchange, lease or value of real property (20 Pelham
Road) and to reconvene in open session only to adjourn. Further, the Chairman declared that an
open meeting may have a detrimental effect on the negotiating position of the Town.
Ms. Ciccolo recused herself from the discussion on the 20 Pelham Road property since her
parents own property that abuts it.
Upon motion duly made and seconded, it was voted 4 -0 to return to open session at 7:24 p.m.
Upon motion duly made and seconded, it was voted 5 — 0 to adjourn at 7:25 p.m.
A true record; Attest:
Diana A. Chabot
Assistant to the Executive Clerk