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Joint Meeting
Board of Selectmen and Planning Board
January 5, 2017
A joint meeting of the Board of Selectmen and Planning Board was held on Thursday, January 5,
2017 at 7:00 p.m. in Estabrook Hall of the Cary Memorial Building, 1605 Massachusetts
Avenue. Board of Selectmen (BOS) S. Barry, Chairman; Mr. Kelley; Mr. Cohen; Mr. Pato Ms.
Ciccolo (early departure); were present along with Mr. Valente, Town Manager (late arrival);
Ms. Kowalski, Assistant Town Manager for Development; and Ms. Siebert, Recording Secretary.
Also present were Planning staff, Mr. Henry, Planning Director; Mr. Kucharsky, Assistant
Planning Director; and David Fields, Planner. Planning Board (PB) members Mr. Dunn; Mr.
Canale, Chair; Ms. Corcoran-Ronchetti; Mr. Hornig; and Ms. Johnson.
Ms. Barry called the Selectmen’s meeting to order at 7:06 p.m. and introduced the Board
members. Mr. Dunn called the recessed Planning Board meeting back to order from a recess at
7:07 p.m.
Ms. Barry welcomed the audience but noted there would be no public comment this evening as it
was a working meeting.
Ms. Barry noted that Mr. Dunn has decided not to run for re-election and has stepped down as
Chair of the Planning Board. Mr. Canale is now Chair of the Planning Board.
Procedure for Meeting Minutes
Ms. Barry explained that the BOS Recording Secretary will be taking the minutes for the
Selectmen. Draft copies of those minutes will be shared with the Planning Board for review,
prior to approval by the Board of Selectmen.
Anticipated Planning Board Articles for 2017 Annual Town Meeting
Mr. Canale gave an overview of the five zoning bylaw articles and four general bylaw articles
the Planning Board intends to bring forward at the 2017 ATM which he hopes will be ready for
Town Meeting. Additionally, there are two citizen articles, one that requests zoning changes at
Brookhaven. The final article that Planning will speak about at Town Meeting is the $302,000
request for funding to update the Comprehensive Plan.
On January 18, 2017 there will be an open forum for the community at Battin Hall in the Cary
Memorial Building at which Planning will present the articles in advance of the February public
hearing.
Mr. Canale added that last year, a general bylaw was approved to create neighborhood
conservation districts (NCDs). The Historical Commission set up two study committees, one for
the Turning Mill district and another for the Byron- Lockwood-Mass. Ave. district. On January
17, 2017, there will be a decision at a joint meeting of the Planning Board and the Historic
District Commission that will decide whether a vote on the Turning Mill NCD should be taken at
this Town Meeting. If so, a separate public hearing will take place for this article.
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Joint Meeting – January 5, 2017
The Zoning Bylaw Articles are:
Special Permit Residential Developments: changes are proposed to streamline/improve
the process;
Definitions Changes: some housekeeping needed to strengthen what Town Meeting
approved;
Two-Family Homes: proposals are now being reviewed by Town Counsel;
Economic Development Changes: changes to the CRO zone.
No zoning bylaw technical changes are planned.
The General Bylaw Articles are:
Scenic Road Designation
Creation of Turning Mill NCD
Blasting Prohibition
NCDs—Technical Changes: a $500 fine will be lowered to $300 due to a ruling from the
State’s Attorney General; wording changes will clarify NCD Commission oversight
jurisdiction
Special Permit Residential Developments
Mr. Henry said the prices for units in developments using the Balanced Variant is higher than the
Planning Board would like. To address this, Planning proposes to create a fourth, smaller size
category. Today, the smallest unit is 2,700 sq. ft.; in the new bylaw, the smallest size would be
2,100 sq. ft. The percentage of each size category would also be changed to 25% of the total
units at 3,500 sq. ft., 25% at 2,700 sq. ft., 25 % at 2,100 sq. ft. and 25% unregulated.
Mr. Henry said Planning hopes this substantive change will address community concerns about
affordability and SHI inventory. In this case, Mr. Henry said the public benefit variant would be
eliminated that exists in the current bylaw; it would be folded into the requirement of the newly
named “Flexible Development” bylaw.
Some of the wording of the details of the bylaw is now being refined. This amendment is closely
related to one of the citizens’ petitions articles that seeks to modify Balanced Housing
Developments so a meeting with the petitioner is being arranged to discuss how the two articles
overlap.
Mr. Pato said this amendment appears to be heading in the right direction and he is happy to see
it on the docket for Annual Town Meeting.
Mr. Kelley said he understands the objective of addressing concerns with Balanced Housing
Development (BHD) but the primary issue with BHDs seems to be density. He asked about the
changes to the total square footage allowance in Flexible Residential Development (FRD) as
opposed to Balanced Housing Development. Mr. Henry said that FRDs would allow 80% of the
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Joint Meeting – January 5, 2017
maximum total floor area (GFA) of conventional construction; today, under BHD, the metric is
7,200 sq. ft. times the number of units on the proof plan which calculates the total sq. ft. that may
be requested. The new model pares back the allowance by 20%.
Mr. Kelley asked, if it is not 7,200 sq. ft. per conventional per house lot, from what number is
80% calculated. Mr. Henry said the number depends on the actual layout of the lots on the proof
plan. Mr. Hornig said that last year, Town Meeting passed a rule so that, in conventional
developments on single lots, the GFA is limited by a formula based on lot size. For every
different lot size, there is a maximum. In a conventional proposal, the by-right sq. footage
computation is done on the proof plan. For the FRD, the conventional number is multiplied by
80% to arrive at the sq. footage that can be built under the FRD special permit.
Mr. Kelley said the number of units is not addressed. Mr. Hornig and Mr. Henry agreed and said,
that by encouraging smaller units, density may be exacerbated. The goal, Mr. Hornig said, is to
get smaller units that should be less expensive; the increase in density is a side effect of
achieving that goal.
Ms. Johnson said that not all Planning Board members agree that there is no limit to the number
of units this model can yield. Now that several BHD developments have gone forward, it has
been demonstrated that sites are encumbered by wetlands, narrow passages, steep slopes and
other features unique to individual properties; rarely can a remaining buildable site accommodate
the full number of units that an unencumbered site would. Ms. Johnson said she has proposed
that density be limited to 50% again as many units as allowed by-right. This formula is more
transparent and makes it easier for residents to understand the density impact of a proposed
development. She agrees with all the new sq. ft. proposals but also believes there should be a
specified density limit.
Planning is weighing whether the 50% concept will alter what the square footage proposal is
intended to accomplish. The percentage is still under consideration. Ms. Johnson and Mr. Canale
said that the Board of Selectmen’s comments—as well as input from the public— are important
to hear.
Mr. Kelley asked if the 15% required affordable stipulation refers to the currently used
calculation for SHI qualification. Mr. Henry said it does but the percentage is still under
discussion. The units would be affordable in perpetuity.
Mr. Kelley said the clause about multiple unit impacts on the surrounding neighborhood poses
interpretation challenges. Mr. Canale said that the Planning Board makes these determinations
and weighs neighborhood impact. For conventional development, the Planning Board has little
leverage but when a proposal under BHD/FRD comes forward, the Planning Board has greater
influence under the Special Permit process. Under FRD, the Planning Board hopes to achieve the
goals of a better product than conventional development would yield plus at least a small
increase in profit to act as an incentive for a developer to go through the special permitting
process.
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Joint Meeting – January 5, 2017
Mr. Cohen noted some blank areas in the proposal and asked if Town Counsel had given any
advice. He added that the source(s) of the article include “the Selectmen” which at this point is
premature. Mr. Henry thanked Mr. Cohen for catching that error and said that Town Counsel is
providing guidance.
Mr. Pato said identifying a density limit is a good idea but 50% over conventional yield may not
be advisable, especially coupled with a 15% SHI target. A balance should be sought that will
encourage this model of development.
Definitions Changes
Mr. Fields said the main purpose of this amendment is to address the implementation of the
Gross Floor Area requirements adopted under Article 41 of ATM 2016. Given the attention to
floor area the development process now requires, it has become evident that a number of
definitions must be clarified, revised, updated, or deleted to eliminate the gamesmanship that has
taken place about how basements, crawl spaces and attics are defined and measured.
Mr. Kelley asked how the new definition of “basement” accommodates a walk-out. Mr. Hornig
said the key is slope: if the lot does not slope, a walk-out basement would be considered a first
story. If the lot does slope, the average natural grade would be above the lowest natural grade
and the entire floor of the basement will be below that average, even if it is not below the grade
at its lowest point.
Mr. Pato did not have a specific comment about this amendment but commented that the GFA
calculation is something that should be looked at in general, based on the public’s reaction to the
size of houses being built. Mr. Henry said that Planning Board and staff want to see the results of
the changes now being proposed because people are using crawl spaces, for example, to hide
square footage. If Town Meeting adopts the proposed changes, square footage will have to
shrink.
Mr. Pato said he wants to make clear that reduced house size, through methods that create
transparent and expected results, is the goal of these changes. Mr. Henry said this is the
gamesmanship loophole Mr. Fields is talking about: the gap between building code and zoning
code definitions.
Mr. Canale said that Planning stated during last Town Meeting that it wanted to prevent the
egregious outliers. If new homes built after this are still larger than anticipated, Planning will
look at the calculus again.
Two-Family Homes
Ms. Johnson said this bylaw has been in discussion for nearly a year. The goal of the bylaw is to
encourage diversity of housing styles without impacting neighborhoods or abutting properties.
There are currently 300 two-family homes listed in Lexington and 10,000 single-family homes
so the need is apparent.
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Joint Meeting – January 5, 2017
The sticking points among Planning Board members seem to be the size of the units and how
they correspond to the existing first floor area. Ms. Johnson and Ms. Corcoran-Ronchetti met to
develop a proposal whereby the units would be categorized by the half-unit and there would be
certain size limitations.
Other Planning Board members would like to see bigger units than Ms. Johnson’s and Ms.
Corcoran-Ronchetti’s proposal provides. In the research that has been done, it was noted that the
two-family bylaw adopted in other towns has been prone to abuse; the homes are large and they
impact the character of the town. Ideally, the goal of this bylaw is for two-family home to blend
seamlessly with the neighborhood.
Mr. Kelley asked about affordable versus senior housing restrictions and whether it must be both
or one or the other. Ms. Johnson said the Board has determined it needs to be one but not
necessarily both. Mr. Kelley asked if the unit is affordable in perpetuity, would keeping track of
it pose an undue burden for Code Enforcement. Mr. Kelley also asked if both units would be
owned or could one be owned and the other rented. Mr. Henry said these details have not yet
been ironed out but if a unit goes on the SHI inventory, it becomes part of the RHSO monitoring
program. An age-restricted deed would be on file with the DHCD as well.
Ms. Barry commended Ms. Johnson and Ms. Corcoran-Ronchetti for reaching out to other
communities to learn what has worked and what hasn’t with respect to two-family regulation.
Economic Development Changes
Mr. Hornig said the goal of these changes is to accomplish changes regarding permitted uses and
dimensional standards, similar to those adopted in 2009 for the CM District on Hartwell Ave.
Allowed uses will be broadened to include amenities like those permitted in the CM District.
Dimensional increases will be allowed by increasing floor area ratios and by opening the door to
special permit applications to address case-by-case assessment of unique situations.
Zoning map changes are also proposed, specifically adjusting the boundaries of the CRO
(regional office district) to match lot lines and adding a parcel to the CRO near Forbes Rd. The
land underneath the power lines there is zoned as residential and should be commercial or GC.
Also, MIT owns a large parcel on Wood Street that is currently used for Lincoln Laboratories.
The Planning Board would like that use to continue so rezoning would eliminate the possibility it
could be used for housing.
Scenic Roads Designations
Mr. Canale recused himself from this discussion and Ms. Johnson chaired the Planning Board in
his absence.
Residents have expressed concerns about neighborhood character. Scenic Roads is a General
Commonwealth bylaw that municipalities can enact to protect roads from landscape alterations
that would adversely affect the byway’s beauty.
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Joint Meeting – January 5, 2017
Planning proposes four roads for Scenic status: Bennington Road (accepted portion); Fern Street
(entire length); Shade Street (entire length) and Vine Street (entire length). Ms. Barry asked how
these particular streets were chosen. Ms. Johnson said there are other roads seem like obvious
candidates but they are either not accepted Town roads or they are State routes. Mr. Henry said
other streets might be included at a later date. Ms. Johnson said Planning is open to more
suggestions from the Selectmen and from the public.
Mr. Cohen asked if the Scenic Road Statute must be accepted. Mr. Henry replied that once the
roads are designated, the law governs them but the statute itself need not be accepted. Mr. Cohen
asked if abutters have been notified. Mr. Henry said that is being done now.
Mr. Henry said the Scenic Roads bylaw allows the Planning Board to review stone wall
alteration but public shade trees remain under the purview of the Tree Warden. If alteration of
both a wall and a tree on a scenic byway is anticipated, a single public hearing must be held, for
the public’s convenience that deals with both issues together.
Creation of the Turning Mill NCD
Mr. Canale resumed as Planning Board Chair.
The Turning Mill NCD study group has solicited input from residents. There will be a joint
meeting of Planning and the Historic District Commission and, if the draft article is approved,
the article will move forward to the warrant. The public hearing for the article would have to be
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advertised by January 18.
Blasting Prohibition
Ms. Johnson said that a recent matter before the Planning Board has again highlighted the need
to restrictions to removal of ledge by blasting. Not only does blasting alter the ecosystems and
topography of a site, it creates vibrations that can impact foundations, cause structural
disturbances and jeopardize the results of laboratory research projects in nearby biotech
facilities.
Blasting is increasing in Lexington. The economics that used to make blasting cost-prohibited no
longer exist. Permitting would require a “blast analysis” that considers the effects on adjacent
properties within 250 feet. Ms. Johnson has concerns that 250 feet might not include all
potentially affected properties and damage may not appear right away.
Town Counsel had concerns with the original proposal that sought to prohibit blasting in the
densest residential districts so the Planning Board suggests instead a Scenic bylaw addendum to
Chapter 43 of the Earth, Fill, and Removal bylaw. The prohibition could appear in the first
paragraph.
Mr. Kelley asked if it is reasonable to limit blasting for utility tie work. Mr. Cohen said he has
received a lot of phone calls in the last 3 months about blasting.
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Joint Meeting – January 5, 2017
Mr. Pato said that alternatives to blasting are not benign and the Planning Board should make
sure actions do not lead to worse alternatives. There should be latitude to take the least invasive
path forward.
NCD Technical Changes
Mr. Canale said Chapter 78. Neighborhood Conservation Districts, Section 9 (b) of the Code of
Lexington would be amended to change a fine previously approved at $500 to $300 on the basis
of a ruling from the Attorney General’s office.
The other change under this category protects a homeowner from so-called double jeopardy if
their historic home must be approved for demolition. The NCD would rule on historical home
demolition in the district rather than the Historic District Commission (HDC). The HDC supports
this bylaw amendment.
Brookhaven Citizen’s Article
Mr. Canale said that the Planning Board generally supports this article although there are some
things it would like see included. Negotiations with Brookhaven about these inclusions have
broken down but the Board remains mostly comfortable with the article as it now stands.
The biggest concern is affordable housing and fears that the addition of 79 units at Brookhaven
will adversely affect the SHI percentage. Planning prefers that affordable housing mitigation
occur on the Brookhaven site itself.
Mr. Kelley said it is his impression the Planning Board has taken the position that any additional
units should not adversely affect the town’s SHI. Mr. Henry said the approximate SHI is
currently 11.4% and this percentage will not be revised until the 2020 census. Mr. Canale agreed
with Mr. Kelley that the Town should not bear the burden for Brookhaven’s actions.
Ms. Barry said two Selectmen are on the Town’s Brookhaven negotiating team and hopes the
matter will come to a mutually beneficial conclusion.
Comprehensive Plan
Mr. Canale said he is encouraged that the Selectmen have supported the Comprehensive Plan
and he looks forward to co-presenting the funding article at Annual Town Meeting.
Ms. Barry affirmed that the Selectmen responded favorably to the most recent, more detailed
Comprehensive Plan presentation provided by Mr. Hendy and Ms. Kowalski. The Board of
Selectmen are concerned about timing and cost but feel there is much to be gained from
undergoing the process and updating the Plan.
Mr. Henry said any questions or comments about tonight’s presentation are welcome and the
materials will be available on the Planning website momentarily. Mr. Hornig emphasized that
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Joint Meeting – January 5, 2017
everything presented tonight is still a work in progress. Ms. Barry thanked the Planning Board
for the meeting.
Adjourn
On motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 8:20 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
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Selectmen’s Meeting
January 9, 2017
A meeting of the Lexington Board of Selectmen was held on Monday, January 9, 2017 at 7:01
p.m. in the Selectmen’s Meeting Room of the Town Office Building. Chairman Barry, Mr.
Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo were present as well as Mr. Valente, Town
Manager and Ms. Siebert, Recording Secretary.
Chairman Barry read a statement from the Board of Selectmen about a recent incident on Tarbell
Avenue that resulted in the arrest of a Lexington resident, charged with Civil Rights and
weapons violations and harassment of a neighboring resident. Ms. Barry emphasized that
Lexington is a community fosters inclusiveness, celebrates diversity, and respects all individuals.
Ms. Barry expressed the Board’s appreciation for the cooperative efforts of Police Department,
Fire Department, Human Services Department, Massachusetts State Police and the Middlesex
County District Attorney’s office.
Public Comments
Dawn McKenna, 9 Hancock Street, spoke about the Mass Ave. crosswalk that was recently
moved from in front of the Visitors Center to the corner of Meriam St. She has observed that
many people are still crossing unprotected at the former crosswalk site. Mr. Valente will refer
this matter to Town staff.
Selectman Concerns and Liaison Reports
Ms. Barry acknowledged the long tenure of School Committee Chair Bill Hurley who recently
stepped down from the Committee due to health reasons. Ms. Barry thanked Mr. Hurley for his
dedication to the Town and the Schools and, on behalf of the Board of Selectmen, she wished
him well.
Ms. Barry also noted upcoming events to be held on Martin Luther King, Jr. Day, Monday,
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January 16. There will be a community conversation on race hosted in conjunction with the
Human Rights Committee and the Lexington Interfaith Clergy Association. It will begin at 9:30
a.m. at Grace Chapel.
Town Manager’s Report
In advance of her impending retirement on March 1, Mr. Valente asked Deputy Town Manager
Linda Vine to step forward to be recognized. Ms. Vine thanked the Board of Selectmen for its
support over the years. Ms. Barry, in turn, thanked Ms. Vine of behalf of the Board for her many
years of service to the Town during which she has served in multiple roles.
Mr. Valente said he and School Superintendent Mary Czajkowski received notification from
Facilities Director Pat Goddard of his intention to retire at the end of August. Recruitment is
expected to begin by the end of January and it is hoped there will be a 2-3 month overlap for Mr.
Goddard and his successor. Mr. Goddard was the first Director of Facilities in a municipal/school
shared role. Ms. Barry expressed the Board’s appreciation, saying Mr. Goddard handled many
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Selectmen’s Meeting – January 9, 2017
challenges over the last 10 years, never failing to rise to the occasion. On behalf of the Board,
she wished him well in his retirement.
Mr. Valente introduced the newly hired Director of Recreation and Community Programs,
Melissa Battite, who will assume the position at the end of January. Ms. Battite has served the
Town of Brookline for 24 years, most recently as the Assistant Director of Recreation. Ms. Barry
presented Ms. Battite with a Town of Lexington lapel pin.
Joint Meeting with School Committee—Vacancy Resulting from Bill Hurley’s Resignation
Ms. Barry asked acting School Committee Chair Mr. Alessandrini to call his Committee to order
and introduce the members. Members Jesse Steigerwald, Judy Crocker, Eileen Jay were present
as was Superintendent of Schools, Dr. Mary Czajkowski. Mr. Alessandrini thanked Ms. Barry
for her kind words about Mr. Hurley and said the School Committee also wishes him well.
The item of business discussed was the process and protocol of filling the vacancy resulting from
Mr. Hurley’s resignation. Town Clerk Nathalie Rice also joined the discussion.
Mr. Valente said the timing of Mr. Hurley’s decision raises questions of process and urgency,
since there is little time remaining to pull nomination papers in advance of the Town election
cut-off date. Even more complex is how to inform interested candidates and the public about the
difference between Mr. Hurley’s remaining term and the full School Committee 3-year term.
Both will be on the ballot. Mr. Valente and Ms. Rice conferred with Town Counsel to be certain
on how to proceed.
Individuals interested in filling Mr. Hurley’s position must submit nomination papers and run for
the remainder of Mr. Hurley’s term, a period of 1 year.
The two School Committee seats are to be considered separate—one 3-year term and one 1-year
term. Candidates must run for one or the other, but not both. If someone wants to run for the
now-available 1-year vacancy, he/she has only until January 13 to pull nomination papers. Those
papers will require 50 signatures which must be returned to the Town Clerk’s office by January
17. To pull papers, a resident must appear in person at the Town Clerk’s office during business
hours, 8:30 a.m. - 4:30 p.m., Monday-Friday.
Because time is so short, a concerted effort to get the word out through various means was
discussed: postings are already on Town government bulletin boards and information will be sent
out through the Town Meeting email communication list. A bulletin is planned for the
Lexington Minuteman, the Lexington listserv, the Town website, School parent lists, the
Colonial Times and Lex Media.
Ms. Barry asked what would happen if no one pulled papers for the 1-year seat. Mr. Valente said
the position would still appear on the ballot and could be filled by write-in votes. Ms. Rice noted
there are currently two candidates vying for the 3-year term which was the only open seat until
Mr. Hurley’s resignation.
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Selectmen’s Meeting – January 9, 2017
Ms. Jay asked if the deadline to close nominations could be extended. Ms. Rice replied that State
law is clear that it would not be permitted. Mr. Alessandrini agreed it is important to make a big
push to get the information out because most citizens are unaware of the situation. They see two
candidates and two positions and don’t know the about the technicalities.
Ms. Crocker asked if this announcement would be an appropriate use of the Code Red
emergency notification system. Mr. Valente said it would not be unless the Board overrode
established protocol.
Dr. Czajkowski asked that an official statement be prepared to ensure accurate and consistent
information. Once that message is crafted, she will relay it to the School groups to send to their
constituents. Mr. Valente will work on the statement with staff.
Mr. Cohen said he believes that if one of the two 3-year candidates decides to run for the 1-year
term, that person would have to pull new papers and get 50 new signatures. Ms. Rice said she is
awaiting word from Town Counsel on this question.
Elaine Ashton, 32 Cliffe Avenue, asked if the candidate with fewer votes might be considered
for the 1-year term, if no one runs for it. Ms. Rice said she is unsure of the emergency procedure
following an election but she knows that, unlike Town Meeting, both seats must be run for
separately.
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Ms. Barry noted that the annual Town Election will take place this year on Monday, March 6.
Mr. Alessandrini said the School Committee has scheduled a special meeting on Friday, January
13 at 8:30 a.m. to elect the new Chair and Vice-chair and to redistribute Mr. Hurley’s committee
liaison assignments.
The School Committee left the meeting at 7:25 p.m.
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Request from the Lions Club for 61 Annual July 4th Carnival
Doug Lucente and Bill Carlson from the Lexington Lions Club requested permission to hold the
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61 Annual July 4th Carnival at Hastings Park. Set-up would start Tuesday, June 27, 2017 and
breakdown would be on Wednesday, July 5, 2017.
Mr. Lucente said the Annual Lions Club Carnival is one of the oldest continuous carnivals in
Massachusetts and the Lions’ largest fundraiser, raising 61% of the Club’s yearly revenue. 90%
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of the proceeds from the Carnival stay in Lexington to fund community projects such as the 300
Clock, gateway to Lexington signs, a bathroom facility at Lincoln Park, the outdoor seasonal
skating rink at Fletcher Park, large print books for the Cary Library collection, Little League
sponsorships, scholarships, USS Lexington memorial, the wheelchair and walker program, the
White Tricorne Hat program, and assistance for those who need medical care related to eye
disease and vision issues.
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Selectmen’s Meeting – January 9, 2017
In 2012, the Carnival moved to Hastings Park after occupying several other locations over the
years. It typically sees 10,000-15,000 visitors during the week-long runs. The Lions Club
provides a free day for the disabled and host old-fashioned youth games such as sack races. The
Carnival includes a yearly fireworks display.
The Lions Club meet with Town staff to review the Carnival’s layout, schedule, and permitting.
The Lions Club staffs many of the events and maintains cleanliness of the area before, during,
and after the fair.
Dawn McKenna, 9 Hancock Street, asked why the Carnival closes at 6 p.m. on the night of July
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4 because seems to be a night that people would want activities. Mr. Lucente replied that the
next day is a work day so it is a better model for both the Lions who staff the Carnival and for
attendees. Additionally, the Bicentennial Band plays on Tuesday evenings and the Lion Club
does not want to pose a conflict for those who want to attend the concert.
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Ms. Barry asked why the Lions are requesting night lights until 11:30 p.m. from June 27
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onward if the Carnival doesn’t open until June 30. Mr. Lucente replied that the Club may not
use the lights that far in advance or keep them on that late at night but set up will require
illumination and much of the work is done by volunteers who have day jobs. He noted that the
Carnival has its own power source.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of
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the Lions Club to hold the July 4 Carnival from Sunday, June 27, 2017 through Monday, July
5, 2017 with the times as requested in the Lions Club letter dated January 4, 2017.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of
the Lions Club to have the lighting turned on until 11:30 p.m. from June 27, 2017 through July 4,
2017.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of
the Lions Club to have a fireworks display on Monday, July 3, 2017 at approximately 9:30 p.m.,
subject to the approval of the fireworks vendor and necessary safety precautions required by the
Lexington Fire Department.
Approve Sunday Entertainment License for Fiesta Shows/Lions Club
Because the Carnival will be in operation on Sunday, July 2, 2017, a Sunday Public
Entertainment License approval is necessary.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the
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request for a Sunday public entertainment license for the July 4 Carnival for Sunday, July 2,
2017.
Update: Hartwell Ave/Maguire Road Intersection Project
David Cannon, Assistant Town Engineer, and Stantec consultants; Tom Hanson, Jerry Fortin,
and Rick Bryant, provided an update on the design options available for road improvements to
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Selectmen’s Meeting – January 9, 2017
the intersection of Hartwell and Maguire roads, including reconstruction of the small bridge that
crosses the Kiln Brook.
Mr. Hanson said the Stantec team developed two options: a roundabout and a signalized
intersection. The roundabout has a two-lane approach from Bedford St and a two-lane departure
toward Hanscom AFB, transitioning down to a single lane once the project area is cleared. The
signalized option is similar in that there are two approach lanes and two departure lanes that
narrow down as the road approaches the Base.
The Kiln Brook Bridge is municipally owned. Stantech developed comparative cost estimates for
two designs. The roundabout option, using conventional construction, has a 24,000 sq. ft.
wetland impact although Mr. Hanson said walls could be constructed to reduce the impact to just
under 9,000 sq. ft. The cost of the basic roundabout using conventional construction would be
$6.1M and the roundabout with constructed walls would be $6.9M.
There are three design options for a signalized intersection. The first uses a 2-to-1 slope.
Between the roadway and the bridge, the project’s wetland impact equals 16,000 sq. ft. which
exceeds the 5000 ft. wetland loss threshold, triggering the need for additional mitigation permits
and requirements. Stantec also considered constructed slopes of 1 ½ to 1, using riprap to achieve
the slope. By doing this, the impact would be reduced to 3,800 sq. ft. The final option would
minimize wetland impacts to 1,700 sq. ft. by putting the 1 ½ to 1 slope in the walls themselves.
The three signalized options range in price from $5.5M to $5.96M.
Ms. Barry reminded the Board the information is in front of the Board tonight as an update only
and will not be voted on tonight. Due to the complex wetland and utilities issues in the area, the
project cost of $4.75M that was previously budgeted will be insufficient no matter which option
is chosen. Later in the meeting during Mr. Valente’s FY18 budget presentation, the Board will
see a supplemental funding request for this project of $2.185M.
Mr. Pato said he favors the roundabout design but is sensitive to the greater level of wetland
impacts. He asked if one design has a greater traffic capacity and if there are any limits to how
much traffic can be accommodated over time as the area grows. Rick Bryant, traffic engineer,
said the two-lane roundabout proposal handles a full built-out scenario. The signalized option
with two lanes in each direction, including turn lanes, also handles full build-out.
Mr. Kelley asked if the roundabout serves traffic growth better. Mr. Bryant said the two are
fairly comparable.
Ms. Ciccolo questioned whether the Town has adequate property to perform mitigation or if it
would be necessary to access abutting properties. Mr. Hanson said there is the potential for
mitigating immediately adjacent to the project on land not owned by the Town. A mitigation plan
has not yet been discussed with the Conservation Commission; in a previous consultation, the
Commission appeared to prefer the options with least impact to the resource area.
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Selectmen’s Meeting – January 9, 2017
Mr. Kelley asked if this would be a good time to consult with Conservation about wetland
replication. If the Selectmen agree that a roundabout design is preferred, a message to that effect
could be relayed to the Commission through Stantec.
Mr. Pato said he also prefers the roundabout design but is concerned about the measurably larger
impacts to wetlands and about the higher project cost.
Mr. Cohen asked how much land-taking would be involved in the designs. The Stantec
consultants said the quantities have not be calculated. There would be takings for either design
but more for a roundabout because it has a larger footprint. Mr. Cohen said the cost for that
should be factored into considerations.
Ms. Ciccolo asked how many years it would be before the Hartwell Ave. area reaches full build-
out. The consultants replied that the timetable is unknown. The most recent study of the business
corridor was done before the recession and after zoning changes allowed greater density in the
district. A single-lane roundabout would not accommodate the current volume of traffic leaving
the Base at 5:00 p.m.
Ms. Ciccolo also voiced her preference for a roundabout but said she, too, is concerned about
land takings and costs. If additional value engineering could minimize costs and takings, the two-
lane roundabout would be the best option in this location.
Ms. Barry said she also has concerns about cost and land takings that present obstacles to
choosing the roundabout design.
Mr. Pato said because the Board wants the Hartwell area to grow, he would caution against
under-designing the roadway improvements. From an economic development perspective, the
Town wants to enhance the corridor and improve access.
Mr. Kanter, Capital Expenditures Committee, asked about the timing of impact on the budget.
David Cannon said the design concept would need to be identified before the cost impact is fully
understood. Mr. Valente said that all options presented would require supplemental funding; the
highest estimated supplemental cost figure will be put forward in case that option is chosen.
There are many engineering and regulatory steps to be taken over a number of months before the
full cost is known.
Ms. Ciccolo noted that signalized intersections have maintenance costs as well as environmental
impacts from idling cars. Mr. Kelley agreed that there are quality-of-life benefits to a roundabout
design. He asked that the Town not abandon the concept and said that slightly greater wetland
mitigation is not necessarily an insurmountable obstacle. He urged that a discussion take place
about the matter with the Conservation Commission.
Pelham Property—Consider Eminent Domain Taking
Ms. Ciccolo recused herself from the Pelham Road discussion.
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Selectmen’s Meeting – January 9, 2017
Mr. Valente said the Board of Selectmen indicated, at its December 5, 2016 meeting, a
willingness to vote to take the 20 Pelham Road property by eminent domain in the absence of a
negotiated settlement. Given the request by the School Committee to use this property for the
Lexington Children’s Place program, primary ownership is crucial so that design work can
begin. There are three items before the Board that must be voted. The first two items have been
requested by Town Counsel and the third has been requested by Bond Counsel.
On motion duly made and seconded, the Board of Selectmen voted 3-1 to approve the Order of
Taking as written, dated January 9, 2017. Mr. Kelley cast the dissenting vote.
On motion duly made and seconded, the Board of Selectmen voted 3-1 to approve and sign the
Order of Taking as presented on January 9, 2017. Mr. Kelley cast the dissenting vote.
On motion duly made and seconded, the Board of Selectmen voted 4-0 that the Board does not
currently anticipate that the property to be acquired with the $8,000,000 Land Acquisition
Bonds, or any portion thereof, will be leased, rented, managed, or otherwise exclusively
committed to a third party, or sold for as long as any bonds or notes are outstanding. The
intended use of the property is for school and municipal purposes.
FY18 Town Manager’s Preliminary Recommended Budget and Financing Plan
Mr. Valente; Mr. Addelson, retiring Assistant Town Manager for Finance; and Ms. Carolyn
Kosnoff, newly-hired Assistant Town Manager for Finance, presented the Town Manager’s
preliminary FY18 budget and finance plan for review and comment.
Before the presentation, Ms. Barry welcomed Ms. Kosnoff to the Town staff with a Lexington
seal pin.
Mr. Valente said work on the FY18 budget commenced on June 22, 2016 when the Board of
Selectmen conducted its annual goal-setting exercises. Informed by those goals, staff strived to
create a budget that reflects the challenges the Town anticipates in the next five years. In the first
section of the Town Manager’s recommended budget—known as the White Book—Mr.
Valente’s 11-page summary highlights School and Municipal operating budgets and the Town’s
Capital budget.
The proposed budget supports the Selectmen’s theme of proposing a sustainable path forward by
providing a balanced and affordable budget that preserves critical capital assets, programs, and
services. Mr. Valente said the proposed budget maintains the current level of municipal and
school services with limited service enhancements; continues a strong Capital program; provides
flexibility in case of State Aid reductions or unanticipated expenses; and proposes significant set
asides for the Capital Stabilization Fund to mitigate impacts from future debt service.
Key recommendations:
Add $7.7M into the Capital Stabilization Fund;
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Selectmen’s Meeting – January 9, 2017
Appropriate $595,000 from the Capital Stabilization Fund for within-levy debt service;
Use $3,100,000 from Capital Stabilization for excluded debt to provide property tax
relief;
Limit Program Improvement Requests (PIRs) totaling $573,150 ;
Hold some Capital projects in abeyance;
Provide a contingency/unallocated revenues of $618,000.
With the addition to and subtraction from the Capital Stabilization Fund described above, the
balance of the Fund would be $27M at the close of FY18.
For Operating Budget revenues, staff projects an increase of 5.1% or $10,161,087 over FY17
budgeted revenues. Historically, 5.1% is in the range of typical revenue increases since FY12.
Mr. Valente listed several considerations for targeted new revenue sources:
Stormwater management fee;
Adjustment of the cemetery burial fee;
Adjustment of revenue from sale of compost and yard waste fees;
Potential Hartwell solar revenues.
Financial/Budget Priorities include:
Planning for financing Capital, both within the tax levy and for excluded debt;
Managing Operating Budget increases;
Continuing funding of OPEB liability
Continuing investments for pedestrian safety per Article 45 Citizen’s Article approved
ATM15.
The budget’s major cost centers include:
Lexington Public Schools: $101,850,333
Minutemen Regional High School: $1,510,239
Shared Expenses: $54,040,896
Municipal Departments: $35,338,750
Cash Capital—Tax Levy and Available Funds: $6,247,099
Other: $10,966,122
The total of these cost centers is $210,063,438 from the General Fund. This constitutes an
increase of 5.3% over the approved FY17 budget.
The Shared Expenses category represents over 25% of the Operating Budget. Mr. Valente
defined Shared Expenses as those that support the operations of both Municipal departments and
School department.
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Selectmen’s Meeting – January 9, 2017
Two items were highlighted under Shared Expenses: Employee Benefits and Facilities
Departments. Employee Benefits may change from projected due to uncertainty in health
insurance rates through the State’s Group Insurance Commission (GIC). An 8% increase was
assumed when the budget was built but, based on recent information, the increase could be
higher.
Increases in the Facilities Department are due to three additional custodial employees, added to
cover expanded square footage at Clarke and Diamond middle schools and the Lexington
Children’s Place. Mr. Valente said an expected $190,000 savings in the Facilities budget is due
to lower utilities costs resulting from the Hartwell solar installation.
PIRs over and above level service department budgets have been reviewed. Below is the list
recommended by the Town Manager:
DPW: Senior Engineer: $1,619 (net);
DPW: Pavement Markings: $75,000;
DPW: Street Tree Assessment: $50,000;
Planning: Comprehensive Plan: $302,000;
Committees: Getting to Net Zero: $40,000;
Town Clerk: Additional Hours: $25,425;
Information Services: Regional Consortium Staff Support: $15,000;
Economic Development: Bike Share Program: $27,000 (Recommend funding from
Center Stabilization Fund);
Total of various other PIRs: $37,106
The total PIR expenses represented by the list above is $573,150. The total of all PIRs submitted
was $1,092,000. Mr. Valente was cautious about adding new staff or increasing hours but
included two in the recommended PIR requests: a Senior DPW Engineer ($1,619) and additional
hours in the Town Clerk’s office. Mr. Valente said the salary for the Senior Engineer position
represents such a small increase to the DPW budget because $60,000 will be shifted from
Contractual Services to the Salary line item. Additionally, because the position is unlikely to be
filled until November, the FY18 salary allocation of $61,619 is pro-rated to cover only six to
seven months of salary and benefits. An entire year would require another $32,000; this will be
reflected in the FY19 budget.
For FY18, staff recommends that funds be added to two reserve accounts: OPEB= $1,829,721;
and Capital Stabilization=$7,726,101. The current balance of the OPEB account (before the
addition) is $9.035M; the current balance in the Capital Stabilization account is $23.067M.
The Town must undergo a post-retirement employee health benefit actuarial study every two
years; the OPEB liability over the next 30 years totals $195M.
This year’s recommended Capital plan is more ambitious than the two prior years because of the
high number of priority projects. Staff recommends that over $5.6M in Capital projects be paid
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Selectmen’s Meeting – January 9, 2017
for in cash. Anticipated excluded debt projects for Spring ATM equal $1,775,250 (design funds
for the Fall Capital projects); excluded debt projects for Fall STM equal $77,274,750 (Hastings
School, LCP, Fire Station swing space and station construction).
Total levy supported debt service is projected to increase over FY17 by 5%, net of $595,000 in
debt service mitigation and $8,340 for projects supported by non-tax revenue. The plan to use
the Capital Stabilization Fund for within levy debt is consistent with the plan that was presented
last year at Town Meeting and at Summit 1 in October 2016.
Projected use of Free Cash for Capital financing in FY18 is $3,415,000. Projected use of Tax
Levy financing for Capital is $2,832,099. The Town’s Free Cash position is currently strong and
using cash takes pressure off the debt service.
Managing excluded debt service is key to the Capital financing plan. The substantial increase in
excluded debt from FY13 to FY14 was the result of the Bridge, Bowman, and Estabrook school
projects. FY13 was the first year the Town used funds from Capital Stabilization to mitigate
impacts on the taxpayers. Gross excluded debt service for FY18 is projected to be an additional
$12,303,692 (middle school projects and elementary school modular) with $3,100,000 taken
from Debt Service Tax Relief. If the Board of Selectmen and Town Meeting both approve the
use of $3.1M, the median residential tax bill impact from excluded debt would be 2.9%. This
represents the 2 ½ % increase allowed by law plus an additional .r% or $61.00.
Capital projects that closely align with the Selectmen’s priorities include:
Center Streetscape: $2,870,000 (carried forward from last year’s budget pending plan
approval by BOS);
Road Improvements/Construction: $2,542,297 (continuation of aggressive funding
levels);
Sidewalk Improvements: $800,000 (an increase of $200,000 over FY17);
Town-wide Roofing: $1,784,160 (mostly at Bridge School);
LHS Air Conditioning: $600,000 (due to change of direction from larger $18M HVAC
project);
LHS Security: $627,320 (cameras in the building and changes to door-locking
mechanisms);
School Technology: $1,331,900
Westview Cemetery Bldg. Design: $270,000 (phase I, funded from increased cemetery
fees instead of from tax levy).
Mr. Valente and the financial team also recommends that certain Capital projects be postponed
until it is known how the vote on excluded debt projects plays out at STM17. Those projects to
be held in abeyance include:
Sidewalk improvements: $800,000
Bikeway Bridge Renovations: $368,000
LHS Air Conditioning $600,000
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Selectmen’s Meeting – January 9, 2017
LHS Security evaluation and upgrade: $627,320
LHS Guidance Space Mining: $230,200
There would still be debt service for the engineering portion of Capital projects, even if the
projects themselves are not approved. This is why the projects will be held in abeyance until the
results of the debt exclusion votes are known next fall.
Ms. Ciccolo said the abeyance approach seems reasonable but she asked if the construction
season would be missed if the tax levy funded projects were postponed until after Special Town
Meeting. Mr. Valente said the construction season would be missed.
Mr. Kelley asked if the abeyance course of action meets with State rules about municipal
funding. Mr. Valente said projects can be authorized but do not have to move forward; the
timeline is up to the Selectmen. Similar actions occurred during the recession when financial
uncertainty caused delays in starting Town Meeting approved projects.
Mr. Kelley asked, in these circumstances, if re-appropriation would be necessary. Mr. Valente
said it would be and it could occur the following spring at ATM18. Mr. Valente said the timing
will be challenging outlining the following the sequence of events:
1.Town Meeting in March 2017
2.Debt Exclusion passes/does not pass Fall 2017
3.If it passes, all proceeds as originally planned; if it fails entirely or in part, the Operating
Budget would have to be adjusted to absorb the debt service for the portion of the debt
exclusion vote that was unsuccessful.
4.Return to Town Meeting for re-appropriation.
Mr. Pato noted that the amount financed for the projects to be held in abeyance exceeds the
amount of the debt service. Mr. Valente said this was done with the mind to provide flexibility in
the event the debt exclusion vote is not successful.
Mr. Pato said he is concerned about sequestering the entire amount for sidewalk construction
which would preclude any advancements in that area. He prefers that some portion of the
$800,000 move ahead even if the entire allocation could not be used.
As the Board considers the White Book budget recommendations, Mr. Valente said some
important continuing policy issues should be kept in mind:
Planning for large Capital projects;
Continued use of Capital Stabilization Fund;
Appropriation into the Capital Stabilization Fund;
Continued OPEB funding;
Provide reserve for contingencies;
Consider new potential revenue sources.
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Selectmen’s Meeting – January 9, 2017
Mr. Valente repeated the goals the FY18 budget strives to achieve. The priorities for 2015-2020
are “Planning and Implementing Significant Capital Projects Due to School Enrollment Growth
and Public Safety Needs”.
Next steps for staff are to respond to questions on the Operating and Capital budgets;
development of a Capital Projects financing model for the Selectmen and the financial Summit
committees; assisting with Board policy issues; and relaying the budget documents to the
financial committees and Town Meeting members.
The next steps for the Selectmen are to recommend the Operating and Capital budget and the
financing plan to Town Meeting; and to approve the final recommended Operating and Capital
budgets at the February 13, 2017 Board of Selectmen’s meeting.
Mr. Valente expressed his appreciation for the work done on the budgets by the senior
management team. Mr. Cohen commended the staff for an outstanding job.
Mr. Kelley asked if there was a plan for administering the storm water management fee. Mr.
Valente said a more detailed presentation will be made to the Board in March. The Town has not
assumed revenue from this source in the budget calculations.
Mr. Kelley asked if the $60,000 Consulting Services item in the DPW budget was a recurring or
one-time expense. Mr. Valente said the expense was in the budget for the first time in FY17 but
the strategy of hiring an outside contractor proved unwieldly. The amount of engineering work
shows no sign of letting up Mr. Valente said.
Mr. Kelley asked if there is a fee structure for an increase in cemetery burial fees. Mr. Valente
said that if Town Meeting approves the Westview building project, it would trigger the fee
increase.
Mr. Kelley said an increase in compost sales and yard waste fees would have consequences in
the Hartwell Revolving Fund. Mr. Valente agreed but said the self-sustaining model is being
challenged. Revenue from the Town of Arlington was lost this year and may be permanently lost
because space to store that yard waste is tight. Additionally, there has been a request for
additional staffing so that the compost can be turned more frequently, speeding up the
decomposition process. A more detailed presentation about the Hartwell facility will take place
in the fall of 2017.
Dawn McKenna, Tourism Committee Chair, expressed concern that the expense line item for the
Visitors Center shows a zero allocation. She assumes that funding is now within the Economic
Development line item but she wants to be assured that funds will not be consumed by other
needs. She asked that the specific Visitors Center funding continue to be broken out on line 7330
as it has been in the past.
Ms. McKenna said that efforts, historically done by volunteers, have recently migrated to Town
staff with positive results. However, she noted that many hours of free advertising consultation
previously donated by a volunteer will now need to be funded.
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Selectmen’s Meeting – January 9, 2017
Additionally, a Citizens article has been put forward by members of the Tourism Committee.
Ms. Kenna said she hopes to work with Town staff to devise a funding plan for the Visitors
Center. She asked the Board of Selectmen to consider authorizing the Town Manager’s office to
explore funding options.
Ms. Barry expressed the Board’s appreciation to the budget team.
Authorize Term of Debt—Yard Waste Wind Row Turner
Town Meeting in 2015 approved $500,000 for the purchase of a wind row turner for the Town’s
compost facility on Hartwell Avenue. This February, the Town will sell bonds to finance this
piece of equipment. Staff requests authorization from the Board to sell the bonds in excess of
five years, if necessary, to balance debt service of the overall bond issue. This wind row turner
has a useful life of 10 or more years. Massachusetts General Law allows, with the approval of
the Board, the issuance of debt in excess of five years for equipment purchases.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the issuance
of bonds for a maximum of 10 years for the purchase of a wind row turner for the Hartwell Ave.
compost facility.
Approve and Sign—Employment Agreement for Assistant Town Manager for Finance
Mr. Valente said he has prepared the employment agreement for the Assistant Town Manager for
Finance/Comptroller. The agreement is consistent with the employment agreements for other
senior staff. As the appointing authority for the Town Comptroller, the Board of Selectmen is
signatory to this agreement.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize
the Chairman to sign the employment agreement between the Town of Lexington and Carolyn
Kosnoff.
Approve FY16-18 Collective Bargaining Agreement—Dispatchers
Ms. Barry recused herself from this item due to conflict of interest. Ms. Ciccolo chaired the
meeting in Ms. Barry’s absence.
Mr. Valente summarized the details of the FY16-18 collective bargaining agreement that was
approved by the Public Safety Dispatchers Union. The Board of Selectmen previously approved
the terms of this agreement in Executive Session on May 2, 2016.
On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve and authorize
the Town Manager to sign the Collective Bargaining Agreement with AFSCME Local 1703—
Public Safety Dispatchers, for the FY16-18 period.
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Selectmen’s Meeting – January 9, 2017
Review and Approve Response to Liquor License Complaint
Ms. Barry returned to the meeting and resumed the role of Chair.
The Board received a written complaint dated December 19, 2016 from residents John M.
Patrick and S. Kimberley Woodard alleging liquor license violations at the Inn at Hastings Park.
Ms. Barry drafted a response to the complaints and provided copies for her colleagues to review.
Ms. Barry stated that she and Mr. Valente met with the owner and manager of the inn to go over
concerns.
John Patrick, 2030 Massachusetts Ave, said he and his wife had sent another letter earlier in the
day to the Selectmen responding to the draft letter which he accessed online in the meeting
packet. Since Mr. Patrick’s response letter was received after office hours, Mr. Patrick
distributed copies to Board members and summarized the contents.
Ms. Barry said given the level of questions raised by the Board and the lateness of Mr. Patrick’s
most recent letter, she will defer approval of the draft letter to a future meeting.
Review and Approve Response to Liquor License Compliance Check Violation
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize
the Chair to sign the letter to the Bulpan Restaurant informing them of actions to be taken in
regards to the liquor license violation as a result of the December 23, 2016 compliance check by
Lexington Police.
Review List of Potential Articles for 2017 Annual and Special Town Meeting
Ms. Barry asked her colleagues to review the 49 articles slated for Annual Town Meeting 2017
and the two articles scheduled for Special Town Meeting 2017. Mr. Cohen noted there will be
three articles at STM. Ms. Barry asked which of the articles the Board would like presentations
on before they are taken up by Town Meeting.
Based on the title/content, the Board identified the articles below to be scheduled for
presentation: ATM 4, 9, 11, 16, 17, 29 (possibly), 32, 33, 34-37 (summary of all Planning
articles), 38, 39, 42, 43-47 (updates on all zoning articles), 48, 49.
The Board will also hear updates from Facilities for the articles slated for STM.
Annual License Renewals
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve one Class 2
license renewal; fifteen Common Victualer license renewals; two Entertainment license
renewals; and one Lodging/Innkeeper license renewal as presented.
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Selectmen’s Meeting – January 9, 2017
Board of Selectmen Appointments and Resignations
On motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation
of Tim Zack as a member of the Communications Advisory Committee and Mary Barry-Ng from
the Human Rights Committee.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Anne Eccles
to the Historic District Commission for a term ending December 31, 2021.
Approve Use of Battle Green—Retirement of USAF Col. Anderson
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a permit for
use of the Battle Green for a retirement ceremony honoring Colonel Michael Anderson on
September 2, 2017 from 9:00am until 12:30 p.m.
Logistics will be coordinated with the various Town departments involved and to date there has
been no negative feedback from Town staff.
Approve Patriots’ Day Events
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Patriots’
Day activities listed below, subject to working out details with Town Departments.
1.Lexington Minute Men—Approve a request for Patriots’ Day Weekend:
a.Sunday, April 2. 2017—Battle Green—Reenactment rehearsal—11:00 a.m. to
5:00pm (rain date Sunday, April 8, 2017);
b.Saturday, April 15, 2017—Battle Green—Parker’s Revenge Reenactment—9:00 a.m.
to 10:30 a.m.;
c.Sunday, April 16, 2017—Battle Green—Reenactment of Hancock Clarke/Paul
Revere Ride;
d.Monday, April 17, 2017—Battle Green—Reenactment—1:00 a.m. to 1:00 p.m. Rain
Date April 22, 2017.
rd
2. Lions Club—Approve request for 103 Annual Patriots’ Day 5-mile Road Race on
Monday, April 17. 2017 with an awards ceremony on the Battle Green at the end of the
race from approximately 11:15 a.m. to 11:30 a.m.
3.Town Celebrations Committee—Approve the requests for the Patriots’ Day morning
parade, ceremonies on the Battle Green, and afternoon parade on Monday, April 17.
2017.
4.Historical Society/Lexington Minute Men—Approve the request for the reenactment of
the arrival of Paul Revere and William Dawes on April 16-18, 2017.
Approve Request for Discovery Day Street Fair
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request of
the Lexington Retailers Association detailed in a letter dated January 5, 2017 to have exclusive
use of the Muzzey Street/Waltham Street parking lot on Saturday, May 27, 2017 (rain date
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Selectmen’s Meeting – January 9, 2017
th
June 3) from 5:00 a.m. to 5:00 p.m. for the 38 annual Discovery Day Street Fair and to provide
free parking as outlined on their letter dated January 5. 2017, subject to working out all details
with Public Works and Police staff.
Ms. Barry noted that the requested erection of seven temporary signs and permission to park a
flatbed trailer in Lexington Center are both under the purview of the Town Manager’s office and
are therefore not included in the motion.
Consent Agenda
Water & Sewer Commitments
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve Water &
Sewer Commitments Section 3 for $5,684,448.29 and Water & Sewer Commitments Special
Nov. 2016 for $19,928.00.
Approve and Sign Proclamation—Superintendent Nancy Nelson
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the signing of
the proclamation honoring Nancy Nelson in recognition of her 23 years as Superintendent of the
Minute Man National Historic Park on her retirement.
Approve Property Tax Bill Insert
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the property
tax insert requested by the Lexington Bicycle Advisory Committee.
Executive Session
On motion duly made and by a 5-0 roll call vote, the Board of Selectmen entered Executive
Session under Exemption 6 to consider the purchase, exchange, lease, or value of 20 Pelham
Road and to reconvene in Open Session only to adjourn. Further, it was declared that an Open
Meeting may have a detrimental effect on the negotiating position of the Town.
Ms. Ciccolo will again recuse herself on this item.
Adjourn
Upon reconvening in Open Session following Executive Session and on motion duly made and
seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 10:30 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
71-25
Summit Meeting 4
Board of Selectmen, School Committee, Appropriation Committee
and Capital Expenditures Committee
January 12, 2017
A Selectmen’s Meeting was held at 6:00 p.m. and a Summit Meeting was held at 7:00 p.m. on
Thursday, January 12, 2017, in the Public Services Building Cafeteria, 201 Bedford Street.
PRESENT: Ms. Barry, Chair, Mr. Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo; Mr. Valente,
Town Manager, Mr. Addelson, Outgoing Assistant Town Manager for Finance, Ms. Kosnoff,
Assistant Town Manager for Finance, Ms. Hewitt, Budget Officer and Ms. McIntosh, Executive
Clerk.
Executive Session
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 by roll call to go into
Executive Session under Exemption 6 at 6:00 p.m. to consider the purchase, exchange, lease or
value of real property, 20 Pelham Road, and to reconvene in open session. Further, the
Chairman declared that an open meeting discussion may have a detrimental effect on the
negotiating position of the Town.
Upon motion duly made and seconded, it was voted 4-0 by roll call to return to open session at.
6:53 p.m. and to recess until 7:00 p.m.
Also Present: School Committee (SC) members: Mr. Alessandrini, Chair, Ms. Jay, Ms.
Steigerwald, Ms. Crocker; and Dr. Czajkowski, Superintendent of Schools; Appropriation
Committee (AC) members:, Mr. Bartenstein, Chair, Mr. Levine, Mr. Michelson, Mr. Neumeier,
Mr. Radulescu-Banu, Ms. Yang, Ms. Yan and Mr. Padaki ; Capital Expenditures Committee
(CEC) members: Ms. Hai, Chair, Mr. Lamb, Mr. Cole, Mr. Kanter, and Ms. Manz.
The School Committee, Capital Expenditures Committee and Appropriation Committee called
their meetings to order at 7:03 p.m.
FY2018 Preliminary Budget and Financing Plan Presentation
Mr. Valente explained that this is the Summit where he will go over the Preliminary FY18
Budget, which includes the operating and capital budgets and the Financing Plan that is behind
those budgets. The Preliminary Budget (White Book) is on the Town’s website and tonight’s
presentation is also on the Town’s website. Relevant to the discussion the Board just had, Mr.
Valente pointed out that there is a table in the capital budget section of the presentation dealing
with excluded debt which presents the list of projects which are potentially candidates for
excluded debt.
Mr. Valente reported that this is a balanced budget, it maintains current levels of service with
limited service enhancements recommended, and it continues a strong capital program. The
recommendation provides some flexibility in case there are state aid reductions or state aid less
than what was is projected, as well as unanticipated expenses. Lastly, it proposes to set aside
additional funds into the Town’s Capital Stabilization Fund to be used to help mitigate the debt
service impact of future capital projects.
Mr. Valente presented key recommendations which were to: add $7.7 million to the Capital
Projects Stabilization Fund; use $595,000 from the Capital Stabilization Fund for within-levy
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Summit 4 – January 12, 2017
debt service; use $3.1 million from the Capital Stabilization Fund for excluded debt service to
provide property tax relief, limit program improvement requests on the municipal side; defer
some planned capital projects; and set aside for provide contingency use of $618,000 in funds
not otherwise allocated.
Mr. Valente is projecting that in FY18 the Town will have an additional $10.2 million in general
fund revenues, or about 5.1% more than in FY17. Suggestions for future new revenue sources
are to introduce a storm water management fee, adjust cemetery burial fees, adjust the sale of
compost and yard waste fee, and to recognize potential Hartwell solar revenues.
In the proposed FY18 operating budget, Mr. Valente discussed several financial/budget priorities
established by the Selectmen. To that end, there is a plan for financing capital, both within the
tax levy and excluded debt. The continued funding of post-employment benefits liability remains
a priority. Lastly, per Article 45, a Citizen’s Petition approved at the 2015 Annual Town
Meeting, the proposed budget continues investments in pedestrian and bicycle safety.
A summary of all the different categories of the budget and the percent change in each cost
center from FY17 appropriated to FY18 recommended budget was presented. Overall the
operating budget is increasing by 5.3% or $10.6 million. Shared expenses support both the
school department and the municipal departments and represent about 25% of the overall budget.
Mr. Valente highlighted two items because of percent change. First, in employee benefits there
was a 5.1% increase and this reflects an increase of 8.1% in health insurance premiums. Also
highlighted in the facilities department budget is a $400,571 increase, this is due to the expansion
of school facilities that will require an increase in staff. This is offset by a reduction in energy
costs of $190,000 from the Hartwell Avenue solar facility.
The preliminary budget includes two reserve recommendations. First, to add $1.8 million to the
other post-employment benefits (OPEB) trust fund, which currently has a balance of about $9
million. The liability in that account over the next 30 years is $195 million. The second
recommendation is to add about $7.7 million to the Capital Stabilization Fund, which currently
has a balance of about $23 million.
Mr. Valente presented a chart with information on the capital budget from FY13 to FY18, by
funding source. In total, he is recommending $25 million in funding in all areas. Of the list of
significant capital projects to consider for excluded debt, Mr. Valente pointed out that
approximately $1.7 million in design funds for Hastings School, Lexington Children’s Place and
the Fire Station would be requested at Spring Town Meeting. The Hastings Project, Fire Station
and Lexington Children Place would go before Fall Special Town Meeting with an estimated $77
million for construction.
Mr. Valente highlighted some of the more significant capital projects including the Center
Streetscape project; which has yet to come before the Board of Selectmen. In line with the
Board of Selectmen’s stated goals are $2.5 million in road infrastructure improvements including
pedestrian and bicycle improvements. He went on to discuss $1.78 million in a town-wide
roofing project for which there may be some MSBA reimbursements available. The LHS Air
Conditioning project was discussed at the last summit and considerably scaled back from a
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Summit 4 – January 12, 2017
comprehensive project to a targeted approach addressing the HVAC concerns in particular areas
of the high school.
Mr. Valente reiterated the continuing policy issues for consideration: planning for large capital
projects; continued use of the Capital Stabilization Fund; continued OPEB funding; sufficient
reserves for contingencies; and potential new revenue sources.
Next steps are for staff to: respond to questions on the operating and capital budget; develop a
capital projects financing model for the Selectmen and Summit participants; assist the Board
with policy issues; and transmit the budget to the financial committees/town meeting members
by February 24, the target date which would allow Town Meeting to take up any financial
articles a month later. The School Committee is scheduled to vote on their recommended budget
on February 7which will allow the Selectmen to make their final recommendations on both the
operating and capital budgets at their meeting on February 13.
Capital Expenditures Committee – Preliminary Report: FY18 Proposed Capital Projects
Ms. Hai, chair of the Capital Expenditures Committee (CEC) presented a preliminary review of
the thirteen capital items presented for FY2018, which would be refined over time through work
with the individual departments. The positions reported upon are unanimous unless indicated
otherwise.
1.Pine Grove/Judges Way - No position is being taken pending more information and
specifics on cost.
2.Hill St. Sidewalk - Supportive of expanding the sidewalk network. The Hill St. proposal
is only for design work and more information would be necessary before taking a
position.
3.Visitor’s Center - Unanimous in recommending that the Board of Selectmen reconsider a
prior decision and release some amount of appropriated design funds for value
engineering and towards revised design towards.
4.Hastings School Renovation Design – Town Meeting will be asked to vote on the total
cost of the project not the amount less the MSBA reimbursement.
5.LHS Security Upgrade – Looking for more information regarding what goal is to be
achieved through the security upgrade and how the capital expense would meet that goal.
(4 – 1 in favor)
6.Center Streetscape - Does not feel that the project is ready to go before Town Meeting at
this time. The Ad-Hoc Committee has yet to present to the Board and these meetings are
not scheduled until late January or early February.
7.Automatic Water Meter Reading System - The committee has requested an analysis of
the return on investment for an automated water meter reading system before a decision
is made on the project.
8.Hydrant Program – Supportive of the hydrant program. The committee is looking for
further assurance that the current level of funding is adequate. (3-1-1 in favor)
9.Street Acceptances – Supportive of the project (4-1) with the dissenting vote opposed
because there should be no projects incurred that add to operating costs.
10.Dam Repair Project – The committee is supportive of the project at the level requested if
the water level is lowered during construction, which would reduce the cost by $150,000.
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Summit 4 – January 12, 2017
11.Bikeway – The majority is supporting it as a tax-levy funded project (4-1). The
committee asked why it wasn’t being funded through CPA funds and was told that as it
was repair it was mot CPA eligible. The dissenting member felt that if it is repair, it
should not be funded as an operating expense and not through capital.
12.Community Center Sidewalk – Awaiting further information regarding the type of
materials to be used.
13.Community Center Staging – Supporting deferral of the project. (4-1)
Review on ATM 2017 Preliminary Warrant Articles
Ms. Barry provided a brief review of the ATM 2017 Special and Annual Town Meeting warrant
articles. The full draft warrant was expected to be presented to the Board of Selectmen on
January 30, 2017.
Establish Tentative Date: Summit V
The date for Summit V was set for Wednesday, February 9, 2017. Ms. Barry also asked the
summit members to consider Wednesday, January 25, 2017 at 7 p.m. as a date for an executive
session meeting to discuss the Pelham property. The chairs determined that each of their boards
would have a quorum on that date.
Documents Presented
1.FY18 Preliminary Budget & Financing Plan, Financial Summit IV dated January 12, 2017
Upon motion duly made and seconded, it was voted to adjourn at 9:00 p.m.
A true record; Attest:
Donna M. McIntosh
Executive Clerk
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Selectmen’s Meeting
January 23, 2017
A meeting of the Lexington Board of Selectmen was called to order at 7:03 p.m. on Monday,
January 23, 2017 in the Selectmen’s Meeting Room of the Town Office Building following an
Executive session that began at 6:00 p.m. Chairman Barry, Mr. Kelley, Mr. Cohen, Mr. Pato, and
Ms. Ciccolo, were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording
Secretary.
Accept Terms of the Dailey Farm Scholarship
The terms of the proposed Dailey Farm Scholarship Fund direct it to be managed by the Trustees
of Public Trusts who will hold, invest, and transfer ¾ of the annual net income to the Lexington
Scholarship Committee. One or more Dailey Farm awards may be given each year. To be
eligible, a candidate must:
Demonstrate financial need
Be a resident of Lexington at the time of graduation
Graduate from either Lexington HS or Minuteman Regional HS
Preference will be given to those who intend to pursue the trades or agriculture as a career; have
a parent who is employed by the Town; and attend Wentworth Institute, UMASS Stockbridge, or
the Peterson School.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the terms of the
Dailey Farm Scholarship Fund to be managed by the Trustees of Public Trusts.
Public Hearing—Notice of Intent to Layout Pubic Way—Harbell Street
Ms. Barry opened the hearing at 7:07 p.m. She welcomed John Livsey, Town Engineer, and
Michael Sprague, Engineering Assistant.
Mr. Sprague said Harbell Street is currently an unaccepted way. Daniel Hess, a resident of
Harbell Street, started the initiative to have the street approved as a Town road. Eight out of
fifteen abutters have signed a petition in agreement. Three other abutters have signed a petition
against to the project and the Town has been in contact with a fourth abutter who is similarly
opposed.
Mr. Sprague said a betterment totaling $147,000 would be required from abutters to bring the
road up to Town standards.
Following the Public Hearing tonight, the Selectmen will hold a vote at a later meeting and then
Town Meeting would be asked to pass for both the acceptance and the betterment.
Ms. Ciccolo asked if the methodology used to calculate the betterment looked at both per parcel
and per linear foot approaches. Mr. Livsey said his office recommends the per parcel option
which comes out to $9,800 per parcel. He has also calculated what the cost would be if the linear
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Selectmen’s Meeting – January 23, 2017
foot approach is chosen but the amounts vary by house lot. Additionally, one abutter’s address is
not on Harbell and the frontage is not along a buildable lot.
Ms. Ciccolo asked if there is a provision in the Bylaw that allows non-buildable parcels to be
exempt from betterment charges. Ms. Livsey said he is not aware of such a provision and he
believes this is a legal question.
Ms. Ciccolo asked if there would be a Town contribution. Mr. Livsey said the Town’s position is
that abutters would pay 100% of the cost.
Ms. Ciccolo asked if the Town is currently performing road maintenance on Harbell Street. Mr.
Livsey said the Town has filled potholes, as the bylaw requires, and plowed snow, as mandated
by statute.
Mr. Livsey said the right-of-way would not change but the width of the road would be made a
consistent 18 feet. Currently, it varies between 16 feet and 20 feet. Ms. Barry asked if curbing
and sidewalks would be added. Mr. Livsey said no sidewalks are planned; curbs would be added
only if necessary for road drainage. Catch basins are already in place.
Mr. Kelley asked if there are legal options for how betterments are charged. Mr. Livsey said the
options are to charge by frontage foot or by parcel. Frontage is defined as any side of the lot that
abuts the road.
Amy Winter, 6 Greenwood Street, said she and her husband have given the project a lot of
consideration, have done extensive research, and have corresponded with Mr. Livsey. Ms.
Winter stated they are not in support of the project as currently proposed.
David Kanter, Precinct 7 Town Meeting member, asked if sidewalks would ever be added to
Harbell. If so, he believes the abutters should be asked to cover to those costs. Mr. Livsey said
acceptance does not preclude sidewalks being installed in the future.
Mr. Kanter asked if it would take a simple majority or super majority to impose the expense on
abutters who oppose the project. Mr. Valente said it would require a simple majority of the
Selectmen and a 2/3 vote at Town Meeting (because it involves bonding).
Robert Verrier, 14 Harbell Street has lived on the street for 50 years and thinks it would be great
if the Town fixed the road so conditions are better for the residents, especially the elderly and
children. He commended the DPW for work it has done to patch Harbell. Mr. Verrier believes
the Town took 5 feet on either side of the street years ago for sidewalks that were never built.
Dan Hess, 25 Harbell St., said he initiated the acceptance project because of the poor condition
of the street, particularly for those that drive the full length every day. He asked what can be
done if the people who are most supportive live at the far end of the street and but the less
supportive are those who don’t require use of the full length. Mr. Livsey said he is unaware of a
precedent for varying costs. There have been partial road acceptances in the past but those
connected to an already accepted street.
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Selectmen’s Meeting – January 23, 2017
Mr. Cohen said in three recent incidents of road acceptances, abutters with property lines on the
streets having front doors on another street were exempted from paying a portion of the
betterment.
Mr. Kelley asked if connecting streets Balfour and Greenwood were accepted. Mr. Livsey said
that Balfour does not connect—there is only a walkway to Harbell Street. The map shows a
paper street connection but it actually reflects the Town right-of-way. He does not believe
Greenwood Street is an accepted way.
Huaixiang Hao, 22 Harbell Street, said he wishes the project was less expensive but supports it
because he wants the road improved and the proposal is realistic.
Andrew Clarke, 11 Constitution Rd, said he owns the unbuildable lot behind his house that has
the previously mentioned 9-10 feet. of frontage on Harbell Street. The recently assessed value of
that lot is $19,000. Mr. Clarke said being compelled to participate in the betterment constitutes
an undue burden and would not result in an increase in value. The lot is not accessible from
Harbell and because the 10 feet of frontage is occupied by a drainage easement.
Gail Corson, 10 Harbell Street, said she believes all the abutters want to see the road improved
but the cost is prohibitive. All the alternatives and details have not been presented to her
satisfaction and she has many unanswered concerns. If 8 abutters are for the betterment and 7 are
against, will the 8 assume full financial responsibility?
Bonnie Heiligmann, 30 Harbell Street, said she approves of the project but it is hard to do so
wholeheartedly because it will cause her rent to increase. She commended the DPW for the work
it has done to keep the road in an acceptable condition. She expressed surprise that the street was
not accepted in the 1980’s when the street was redone following sewer system installation. If
Harbell Street is accepted, signs should be erected to alert drivers that the road is a dead end.
Mr. Kelley asked if neighbors could get together and discuss bettering the road privately. No
approval would be needed from the Town in this case but the DPW would have to be involved to
make sure below street access points are handled properly so the Town can maintain its
infrastructure.
Qiong Wang, 18 Harbell Street said she has safety concerns, especially for elders and children.
She is happy to think the Town might improve the road.
Jinsheng Wu, 24 Harbell Street, agreed there were safety concerns the Town should address.
As a point of information, Mr. Cohen noted that the betterment can be paid all at once or over the
course of 20 years. Each abutter can decide independently how to handle his/her portion of the
cost.
Mr. Cohen said he assumed the Town has been charging Harbell Street residents for the
maintenance being performed, as the bylaw stipulates. Mr. Livsey said is he unaware of the
arrangements because billing is through the highway division, not through engineering. He
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Selectmen’s Meeting – January 23, 2017
believes maintenance has been of a minor nature. Mr. Cohen said any accidents or injuries
incurred on an unaccepted road are the legal responsibility of the abutters, not the Town.
Gail Corson, 10 Harbell Street, said some of the sightlines on the street are poor. She
recommends adding a traffic-calming bump and said that some of the ongoing street
deterioration is from heavy landscaping and construction vehicles. She thinks residents should
investigate solutions amongst themselves.
John Adams Taylor, 21 Harbell Street, said he has been working on the street acceptance for
years but the betterment calculation seems expensive. Over the years, the residents have talked
about covering the maintenance costs but it is a difficult way to address the problem. He believes
the projected 5% interest for those who pay the betterment over time is higher than current loan
rates but having the road improved and accepted is the best long-term solution.
Ms. Barry said the Board will take a vote on Harbell Street at one of its February meetings. Mr.
Pato asked if the apportionment method will be spelled out when the Board takes the vote. Mr.
Valente said he will review the statute.
Ms. Ciccolo asked, if the Board approves laying out the road, would there be outreach to
residents. Also, can the safety concerns raised tonight can be addressed? Mr. Livsey said the
design work is still an open question and will not be done until funding is secured.
Mr. Kelley asked what the linear foot charge would be. Mr. Livsey said prices ranged between
$12,000 and $20,000 per parcel, depending on the property.
Gail Corsen asked if the cost calculation could be based on usage. Mr. Livsey said he did not
believe this is allowed by statute. Mr. Pato asked that residents consider meeting together to
reach consensus about how to proceed.
Mr. Livsey said, once dates have been determined, his department will send written notice to
residents about the Town process.
ATM 2017 Warrant Article Update—Campaign Finance Reform Resolution (Citizens Article)
Dan Alden, 38 Clarke Street, presented a petition with 30 signatures in support of including this
article on the Town Meeting warrant.
The purpose of the resolution is to “fix the broken political system by removing temptations that
have caused elected officials to represent a minority of wealthy interests over those of a majority
of citizens”. The resolution does not call for the passage of legislation at this time but it
recognizes a serious problem and might better be called an “anti-corruptionresolution”.
This movement is part of a nationwide, non-partisan effort to reduce the influence of big money
in politics, motivated by an organization called Represent.Us. The long-term goal is to gather
enough popular support to adopt legislation on the State level and, eventually, on the national
level. A version of this legislation was passed recently in South Dakota.
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Selectmen’s Meeting – January 23, 2017
In 2012, Lexington overwhelmingly passed a resolution in support of a reversal of the Citizens
United Supreme Court decision, Mr. Alden noted.
Mr. Pato said campaign finance reform is a critical issue and the intent of reducing the influence
of money on elected officials is honorable. He is concerned about some of the specifics of the
resolution, such as how tax funds would be rebated to citizens and he would like time to study
the subtleties.
Mr. Kelley said he admires the objective and asked if a network across the country is using the
same means of gathering support. Mr. Alden said Represent.Us is a national organization with
chapters nationwide. Some of the language of the article is modeled after a sample resolution in
support of the Anti-Corruption Act created by Represent.Us. At some point, the text will be
tailored specifically to Massachusetts. The Anti-Corruption Act was recently passed in the city
of Tallahassee.
Ms. Ciccolo thanked Mr. Alden for bringing forward an important initiative. She encouraged him
to think about what he wants the outcome at Town Meeting to be as expressed in the motion and
how to help Town Meeting not get side-tracked and mired in debate and details. The resolution
will be non-binding.
David Kanter, Precinct 7 Town Meeting member, said he likes all of the resolution except the
clause about empowering “all voters through a $100 or more tax rebate to contribute to
candidates they support.” He believes this element should be stricken as it is too controversial.
Liquor License— Change of Manager—Inn at Hastings Park
Trisha Kennealy is now the General Manager of the Inn.
On motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the application
for a change of manager and issue an All Alcohol Restaurant Liquor License to the Inn at
Hastings Park, 2013-2027 Massachusetts Avenue.
Liquor License—Change of Manager and Officers/Director—Tio Juan’s Margaritas
Tio Juan’s Margaritas has submitted all the necessary paperwork needed to request
reconsideration of a previous application to change managers, approved by the Board on April
11, 2016, but returned by the ABCC to update the board of directors and officers.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
application reflecting the change of manager and change of beneficial interests, and issue an All
Alcohol Restaurant Liquor License to the Lexington Mexican Restaurant Group, Inc. d/b/a Tio
Juan’s Margaritas Restaurant, 438 Bedford St.
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Selectmen’s Meeting – January 23, 2017
Receive Report of the Ad Hoc Streetscape Design Review Committee Report
Howard Levin, Chairman of the Ad Hoc Center Streetscape Design Review Committee,
provided a final committee report. No public comment was taken due to the upcoming public
forum scheduled for January 30, 2017, 7:00 p.m. in Battin Hall. The Selectmen will make no
motion or vote this evening.
Mr. Levin summarized the executive summary that was adopted unanimously by the Ad Hoc
Committee, with the exception of a separate motion on the sidewalk materials element that
received a vote of 7-1-1.
The Executive Summary and final report is available on the Town’s website or at the
Selectmen’s office.
At the conclusion of Mr. Levin’s presentation, Ms. Buckley, Commission on Disability, provided
a Minority Report that gave details about the Commission’s preferred choice of sidewalk
materials that differs from the conclusion of the majority. The text of this opinion is available as
an addendum to the full report.
Mr. Pato first thanked Mr. Levin and the other members of the Committee for their service to the
Town. The effort has required many hours of meetings, deliberation, and listening to a wide
range of input on a series of topics of great concern to many residents.
Mr. Pato asked if the ad hoc committee had looked at sidewalk designs using hybrid materials
that would satisfy the needs of the broader community.
Mr. Levin said the committee did look at these hybrid designs and also gathered public input.
Choices fell into two options: using all brick or creating a concrete center path with brick along
the sides. The Historic District Commission was focused on aesthetics but the ad hoc committee
as a whole looked at whether brick could satisfy accessibility needs.
After spending a lot of time on the question during Tier I— and returning to reconsider again
during Tier II—the ad hoc committee concluded that wire cut brick was better for wheelchair use
than concrete.
Safe limits for wheelchairs range between 13 and 15 hours, depending on if the wheelchair is
electric or manual. The concrete performance limit is 12 hours but Mr. Levin noted the data is
not relevant since continuous wheelchair use in Lexington center would most likely not be as
long that.
The conclusion of the committee was that the performance of brick was at least as good as
concrete due to seams between concrete panels. Wire cut brick installation, properly done,
requires little maintenance and is stable and easy to repair. Tom Hopkins, Director of the
Architectural Access Board, endorses wire cut brick, as does the Pearlman Vibration Study.
Given that the performance of the materials is comparable, the question became how to maintain
Lexington’s unique aesthetic characteristics at a reasonable cost.
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Selectmen’s Meeting – January 23, 2017
Ms. Buckley said the concerns about brick go beyond vibrations and smoothness. There are other
disabilities besides those that necessitate wheelchair use: neurological, visual, sensory
processing. Ms. Buckley said the newest ADA standards, soon to be adopted, should be followed
because they will be in place by the time the work is done.
Mr. Kelley said the committee has done an outstanding job for the Town and he hopes the
process will reach a conclusion acceptable to all.
Mr. Kelley believes setting wire cut brick in sand is better than setting it into a hard surface, as
the report recommends. If the original hard setting is disturbed for maintenance or alterations, it
is virtually impossible to marry the new with the old and make it stable. There is also improved
permeability with sand.
Mr. Levin replied said that concrete/asphalt is the design standard for extremely flat sidewalk
surfaces. The bricks are tight, stable, durable, and “remarkably resilient” to winter chemical
treatments. But Mr. Levin noted that the center streetscape effort is only at the beginning stages
and aspects of it can still change. Design specifications can be found on page 20 of the full
report.
Ms. Barry asked if the selection of tree species has changed due to public input. Mr. Levin said
the list was substantially shortened and qualifications are noted for some of the remaining
species.
Mr. Cohen congratulated the many people and groups involved, saying that the report, overall, is
very impressive. On the subject of trees, he said there are many in the center that are dying and
hopes the new trees will thrive.
Ms. Ciccolo acknowledged and thanked all the members of the committee. She noted throughout
the report that there were references to changes of design that would save costs. She asked if
these concepts have been shared with the DPW. Mr. Levin said he believed the DPW was
receptive to the alternatives but at this stage there are no hard cost estimates.
Mr. Levin noted that some elements from the 25% design phase should be changed or
eliminated.
Lighting recommendations from the 25% design phase were changed and the suggestion of
additions of stone walls, cannons, and bollards along the Avenue were removed.
Ms. Ciccolo asked what the timeline is for the release of the new American Section of the
International Association for Testing Materials \[ASTM\] standards. Ms. Buckley said she
believes it will be in September.
Ms. Ciccolo asked, if the brick option is selected, would part of the project be eligible for
Community Preservation funding. Mr. Valente said he understands certain aspects are eligible.
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Selectmen’s Meeting – January 23, 2017
Mr. Pato said he appreciates the efforts the committee has undergone to achieve universal access.
He believes curbing adjustments were intended only in the areas where the system is currently
failing and asked for verification on that point.
Mr. Pato is concerned about costs and wants to make sure the project is attainable, given the
many other Capital projects under consideration. He is also concerned about timing because the
th
250 anniversary of the Battle of Lexington and Concord is in 8 years.
Mr. Pato asked about double row tree plantings. Mr. Levin said there are double rows in most
places, all the way to Woburn Street This would not be cost prohibitive.
Mr. Kelley said the committee has not expressed interest in putting public tables in the center.
Mr. Levin said the sentiment was that permanent tables are not appropriate and they would be an
added expense. The recommendation is to focus instead on seating and to consider seasonal
furniture at a later date.
Mr. Kelley expressed concern that the report states that the DPW may waive aesthetic
considerations in the interest of safety. Mr. Levin said this is one of the reasons the ad hoc
committee recommends an oversight committee to shepherd the project from this point onward.
The primary goals of safety and aesthetics should be kept in sight through to completion.
Ms. Barry asked if the concrete option is the kind of concrete with reinforcement underneath that
performs better in icy conditions. Mr. Levin said the exact cost of concrete has not been
calculated but the installation cost is generally known to be less than brick. He is not convinced,
however, that the life-cycle cost of concrete is less than brick. The concrete experts said it is best
not to put salt on concrete for 2-3 years.
Ms. Barry noted the Town and citizens will to be supportive to the Center businesses during the
time of construction.
Mr. Cohen noted that Massachusetts Ave. needs to be reconstructed, in any case, and there will
be disruption from that.
Ms. Ciccolo said the report noted that new concrete needs lower levels of light to avoid glare
whereas aged concrete requires higher levels and how do communities adjust to this changing
need. Pam Shandley, Ad hoc committee member, said most communities do not address it but as
concrete dirties over time, so does the light fixtures.
Ms. Barry said the Selectmen are not ready to disband the ad hoc committee but they will move
to receive the report. Mr. Levin said the committee strongly recommends that the Board adopt
the report and update the 25% plan as a first step.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to receive the report of
the Ad Hoc Streetscape Design Review Committee, date January 19, 2017.
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Selectmen’s Meeting – January 23, 2017
Discuss Process for January 30, 2017 BOS Meeting to Deliberate on Ad Hoc Center Streetscape
Design Review Committee Report
Ms. Barry anticipates taking up three items for individual consideration prior to opening the
discussion of the Ad Hoc Streetscape Design Committee Report. She asked Board members for
suggestions about how to format the meeting.
Ms. Ciccolo said experience has shown that dividing the meeting into sections— where people
first ask questions and then make statements--plus controlling the amount of time speakers can
hold the floor, has been successful. Ms. Ciccolo recommended that an abridged preliminary
presentation will be provided.
Mr. Kelley said the issue is extremely important and it will be vital for the committee to be able
to explain its positions. Public safety is indeed important but the work of other committees will
should be melded into whatever moves forward. The concepts of should be clear for Town
Meeting.
Mr. Pato said he is concerned about having too much of a presentation, given there have already
been public hearings and summary reports. Residents should be directed to access points for
videos as well as to written report texts. There should be adequate time for the public to address
the Board and for the Board to talk about what it has heard and what needs to be accomplished. It
should be clear what steps will need to take place between now and Town Meeting and what
questions remain to be answered.
Mr. Cohen said he is not sure the Center Streetscape project will be ready for this Town Meeting.
Mr. Levin said the final report is already posted on the committee’s webpage.
Ms. Barry said the Selectmen can do some publicity and direct people to the committee’s page
and to the LexMedia video.
Ms. Ciccolo said a clear format should be publicized so the community anticipates a hard stop
for the public input portion of the meeting to allow time for Board deliberation. She asked that
staff help the Board understand what high-level decisions remain to be made and to provide an
understanding of the timeline.
Ms. Barry said one of the recommendations the committee provided was an update to the 25%
design. Mr. Valente will discuss this with the DPW and pull together the information needed by
the Board.
Ms. Barry asked if it was realistic the project will be ready for spring Town Meeting. Mr.
Valente said the Board should decide this question but he cautioned against spending more on
design unless it is relatively certain the project will move forward.
Mr. Kelley said it should be made clear that roadway improvements in the center are critical. Mr.
Pato noted that when Town Meeting has been asked to approve construction funds in the past
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Selectmen’s Meeting – January 23, 2017
without a clear design vision, it has balked and the necessary 2/3 majority has not been
supportive. Mr. Pato worries that the project is not at a sufficient state of development for Town
Meeting. At this time, he would vote for indefinite postponement.
Ms. Ciccolo and Ms. Barry will meet to fine-tune the public forum meeting procedure.
Dawn McKenna, Chair of the Tourism Committee, said she would find it hard to have Town
Meeting vote on the center streetscape project without including the Battle Green plan. Ms.
McKenna said many of the concepts in the center streetscape plan also appear in the Battle Green
Masterplan.
Center Traffic Trials
Mr. Livsey, Town Engineer, and BETA Group representatives Ken Ho and Mike Wasilewski,
discussed results from three traffic trials performed in the downtown area: removal of the right
lane turn on Massachusetts Avenue at Edison Way; removal of the right turn only lane on Mass
Ave at Waltham St; and Harrington Road one-way from Bedford St toward Mass Ave. (BETA
Group’s Power Point presentation and trial memorandum is available in the online meeting
packet for this date or from the Selectmen’s office).
It was stated the purpose of these trials was to evaluate the effects and potential long terms
benefits of traffic pattern changes on improved intersection safety for all modes of travel. The
trials took place at intervals during August-October 2016. They included a pre-implementation
phase during which 24 hour/day traffic counts were taken to establish baselines; pre-
implementation public notification using electronic message boards; trial implementation
detouring traffic by route blocking, signage, and Police details and gathering traffic counts,
turning movement counts, and crash data. A recount date on Harrington Rd that took place
because of equipment failure ascribed to vandalism. All equipment was removed from the center
th
by November 10.
BETA’s conclusions and recommendations for the three target areas were:
Location 1- Removal of the right lane turn on Massachusetts Avenue at Edison Way
The September traffic volumes were lower than counts conducted in April 2013. The trial
implementation did not negatively affect intersection operations or safety. There were no crashes
during the trial period. Recommendation: Eliminate right-turn lane on to Edison from westbound
Mass Ave.
Location 2- Right turn only lane on Mass. Ave. at Waltham St
Trial period traffic counts indicate that right-turning volume from Mass. Ave. to Waltham was
not reduced and crash incidents did not increase. The trial did not adversely affect operations or
safety. Recommendation: Eliminate right-turn lane Mass. Ave. eastbound on to Waltham Street
Location 3- Harrington Road one-way from Bedford Street toward Mass. Ave.
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Selectmen’s Meeting – January 23, 2017
The number of crashes was reduced approximately 40% during the trial. Traffic diversion data
indicates that a significant number of vehicles used Meriam Street, Edgewood Road, or Patriots
Drive to circumvent the intersection. Operations at the intersection of Mass. Ave. and Meriam
Street were more congested but there was no increase in crashes. The Harrington Road one-way
trial therefore had a positive impact on the safety of the Bedford Street/Harrington
Road/Hancock Street intersection but it negatively affected operations and traffic on the
diversion streets listed. Recommendation: Improvement alternatives other than a change to one-
way should be considered to improve safety for all modes of travel.
Ms. Ciccolo asked what size truck was used at the Waltham Street location to model the turning
radius. Mr. Wasilewski said the truck was an SU30, not an articulated vehicle, but a box
truck/school bus, fire truck equivalent.
Mr. Cohen said he heard the most complaints about the Edison Way trial although the Selectmen
as a group heard the most about Harrington Way. The complaint about Edison centered around
vehicles attempting to come out of Grant Street Mr. Wasilewski said this was perhaps because
drivers couldn’t use the right turn lane as an acceleration lane as they are used to. The left turn
sightlines may also have been altered by moving the travel land into the middle of Edison Way.
Mr. Ho added that BETA suggested the 5-6 parking spaces on Edison Way be posted as “No
Parking” until 9am; if that happened, the parking lane could be used instead as a turning lane.
Mr. Pato said he received a lot of comments about this as well. One of concerns was because
Mass Ave remained wide in front of the Post Office during the trial period and drivers felt
uncomfortable entering Mass. Ave. because they needed to edge out. The recommendation to
bump out the curb line and to move the cross walk in from of the Post Office would remedy this
problem. Mr. Wasilewski said skip lines were added during the trial to help guide Mass Ave
vehicles left that were traveling west. In the actual reconfiguration, Mass Ave would be a straight
shot due to the added bump out.
Ms. Barry said she heard the most complaints about Edison Way. There was the perception that
drivers entering town got stuck in traffic farther out on Mass .Ave., particularly during the
morning commute hours. Ms. Barry said changing the timing of the Edison Way meters is
intriguing and if this idea is pursued, Waltham Street toward the Mass. Ave. intersection might
be a candidate as well.
Ms. Barry said the bulk complaints about Harrington Road were that the signage and barrels
added to the confusion of the temporary one-way.
Mr. Kelley said the real fix for the center is to slow down to 20 mph—something he has
advocated for and something new regulations will now allow the Town to do without State
approval. He said the wideness of Mass Ave at the Post Office, coupled with a high level of
activity at that location, presents a challenge. He does not see an advantage to closing down
Edison Way since there is little pedestrian activity there but he would like to do a trial that adds a
bump out at the Post Office. Drivers looking for parking struggle to circle around when they
have to re-enter the busy two-lane Mass Ave. and the bump out would create a protected
pathway.
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Selectmen’s Meeting – January 23, 2017
Mr. Kelley sees a lot of value in closing the right turn off Mass. Ave. on to Waltham Street He
would also like to extend the timing of the eastbound traffic light by 15-20 seconds. The
Waltham St corner is dangerous for pedestrians. He favors improving safety but wants to
carefully consider what should be done.
Mr. Pato said he is disappointed with the Harrington Road results as had hoped to see fewer
crashes during the trial. He does sees value, however, in the other two trials and believes those
changes should be made. The Town has previously entertained the idea of putting a roundabout
at the Harrington Road location but his concern at the time was that it would require using some
of the land the Battle Green occupies. Mr. Pato wondered whether moving the road slightly
would eliminate that problem and rejuvenate the roundabout option.
Ms. Ciccolo said, in the case of Harrington Road, she agrees that the speed limit should be
lowered and suggested that a raised intersection or textured pavement could be added, providing
bicycles would not be adversely affected. Her preference would be to put cobblestones there but
she acknowledged that the DPW would most likely not like this due to cost and maintenance.
Lowering the speed would not contribute to traffic congestion as vehicles are slowed in the
center anyway. She does not favor the one-way option at Harrington but does approve the
changes to the other two intersections.
Ms. Ciccolo sees a safety problem at the Mass. Ave. and Waltham Street intersection and noted
the congestion is from people rather than vehicles. Pedestrian accommodations should be
increased there so that people have somewhere to stand as they wait to cross.
Ms. Ciccolo said she would like to see the 5-6 spaces on Edison Way made as “No Parking” in
the morning hours and agrees that the sidewalk should be widened with a bump out at the Post
Office. She asked if more territory is reclaimed there, could a cycle lane be added to safely and
quickly move bicyclists behind the commercial block.
Mr. Pato said a seasonal seating area with trees with furniture would be an interesting idea to
pursue and is consistent with Center Streetscape Design Review Committee recommendations.
Ms. Barry asked if the two “temporary” parking spaces at Waltham Street created as a result of
the trial were used. Mr. Wasilewski said those parking spaces were used frequently since there
was no meter charge.
Dawn McKenna, 9 Hancock Street said she had never seen a bicycle accident at Harrington Road
until the trial. She attributed the crash to the false sense of safety created by the trial barriers and
lane closure. Ms. McKenna said she feels most of the accidents are speed-related, in her opinion,
squaring off the intersection for vehicles turning right onto Harrington from Bedford St, for
example, would slow down the turning speed.
Ms. McKenna said “pushing out” the parking area at Edison Way would remove the margin of
safety for opening car doors.
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Selectmen’s Meeting – January 23, 2017
Jerry Michelson, Chair of the Center Committee, said his committee would like time to look at
BETA’s recommendations. He asked the Board to delay its decision on locations 1 and 2 since
those would affect the commercial area.
Ms. Barry asked if the Board members were comfortable moving forward with any of the three
motions before them. Consensus determined that the Board would wait on motions involving
locations 1 and 2 but move forward on location 3.
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the
recommendations to NOT implement the one-way configuration at Harrington Road as part of
the Center Streetscape project.
Update: Community Center Sidewalk Project
John Livsey, Town Engineer, presented the latest conceptual plan for a sidewalk to connect the
Community Center to the existing sidewalk on Marrett Rd. Recent discussions with the Scottish
Rite have confirmed that previously presented concepts—using various materials, pedestrian -
level lighting, and including cost estimates—would be acceptable to them.
Mr. Livsey said the 6-foot wide path is a serpentine design beginning at Marrett Rd with a cut in
the stone wall would continue through the field above the museum and follow the best grade
around trees. Mr. Livsey said the location for a crosswalk on Marrett Road is still under
consideration.
Cost estimates are based on five different materials options. From least to most expensive, the
choices are: all bituminous; all concrete; concrete with wire-cut brick border; wire-cut brick
with asphalt underlay; and wire-cut brick with concrete underlay. The brick is the same type
being recommended by the ad hoc Center Streetscape Committee.
Lighting options include solar and hard-wired. Solar lighting, however, was found to not provide
the desired brightness and the price was surprisingly close to the hard-wired option.
Mr. Pato said he likes the “path” concept more than a “sidewalk” and, at least initially, prefers
the lower-cost bituminous option, especially through the park-like setting.
Mr. Kelley said the path is only one of a number of questions the Town needs to work out with
the Scottish Rite. He does not see how the route presented makes sense for the museum since it
does not provide access from Marrett Rd to the Scottish Rite. The only pedestrian access now is
via the museum driveway. If he were to choose a surface material, asphalt is the easiest but he
prefers brick.
Ms. Barry asked about the grade of the path, hoping it would not attract skateboarders. Mr.
Livsey said the grade varies and this is the reason the path was designed to meander. Using this
route, there would be no need for a retaining wall.
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Selectmen’s Meeting – January 23, 2017
Ms. Barry also likes the bituminous surface but asked why the path could not be parallel to the
museum driveway. She is not enthusiastic about the presented location. Mr. Valente said this
was the Town’s original concept but the Scottish Rite has no interest in altering the stone wall at
the entrance.
Mr. Cohen said the new path should match the existing walkway. Mr. Livsey said that material is
not salt-tolerant. Mr. Valente is not sure if the Town owns the existing sidewalk or merely has an
easement.
Mr. Valente said the Scottish Rite is enthusiastic that the Town’s plan will make it safer for
pedestrians so that do not have to walk in the driveway.
Ms. Ciccolo said that Mr. Kelley’s point about having the path closer to the road makes good
sense. If the path is as meandering as the drawing indicates, people will cut across the grass to
take the most direct route. Mr. Livsey said part of the route Ms. Ciccolo suggests is not owned
by the Town and the hill is steep.
David Kanter, 48 Fifer Lane, asked if bikes would be allowed on the path and if it would be
ADA compliant and will 6 feet wide enough. Mr. Livsey said 8 feet is considered minimum for
mixed-use paths but the intent is not to restrict bikes.
Dawn McKenna, 9 Hancock St, asked if the path could start at Mass Ave and go along the
property owned by Youville to provide better walking options for that community.
Mr. Valente noted the Community Center Sidewalk is one of the Capital projects for FY18 using
CPA funding. Because the Selectmen have indicated their preference for bituminous material,
costs can now be determined.
Ms. Ciccolo said she is ambivalent about the need for lighting and also wonders if the holder of
the conservation restriction would need to weigh in on the materials choice. Mr. Pato said he
believes the Town would have to verify the surface material but noted it is compatible with the
pathways in other Town parks.
Continue Review—FY18 Town Manager’s Preliminary Recommended Budget and Financing
Plan
The Board is scheduled to vote the budget on February 13, 2017. Mr. Valente requested feedback
on the budget or questions on the Capital Plan. He highlighted several items:
On the Capital Plan, the Town Manager recommends removing from the list the
$1, 784,160 for Bridge School roof replacement because the project will be eligible for
MSBA funding in two years. Facilities believes it can keep the roof tight with aggressive
patching in the meantime.
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Selectmen’s Meeting – January 23, 2017
Mr. Valente suggested that a small number of Capital projects be held in abeyance until
then outcome of the debt exclusion votes is known in the fall. He asked for feedback on
these items.
Ms. Barry voiced her displeasure that the $800,000 in sidewalk funding is on the abeyance list.
Mr. Pato agreed that he does not want to defer that allocation. Mr. Valente said he is open to
finding alternative abeyances.
Looking at the other Capital projects, Mr. Kelley asked why the entire $150,000 for the hydrant
replacement project isn’t slated to be paid for via water rates. Mr. Valente said the hydrants serve
two purposes, one of which is fire protection which the Town covers from the tax levy, usually
with Free Cash. Mr. Kelley felt whether the hydrants are used for fire suppression or system
flushing, it could all be funded by the water enterprise funds.
Ms. Ciccolo asked if the $760,000 dam project could be deferred for a year. Mr. Valente said he
would discuss this with the DPW.
Dawn McKenna, Chair of the Tourism Committee, asked that it be noted the request for staff
time to be made available to the committee. The additional $2.5M (over the original $5M) now
slated to go toward the Capital Stabilization Fund should be considered a source of funds for the
Visitor Center project.
Mr. Cohen said the hydrant program should not be deferred for any reason.
Mr. Valente said the funds to be held in abeyance are not a FY18 issue but are instead an FY19
issue. The debt service in FY18 is manageable but in FY19 it becomes less so.
Mr. Valente added that the $150,000 for Hill St. sidewalk design will lead to a $1.5M project.
Again, this is not an FY18 issue but an FY19-and-beyond issue. Mr. Valente said the Board
should consider whether it is comfortable spending $150,000 in design for a project that is 25%
of the $6M in debt the Town wants to issue in a given year.
Mr. Valente noted if the Board decides to go forward with Munroe Cemetery Improvements,
funding needs to be identified, possibly from funds earmarked for the Capital Stabilization.
Ms. Barry said this agenda item will again appear on the February 6 meeting agenda.
Approve Letter of Support for LexHab Regarding Lowell Street Housing Project
This agenda item was not taken up during this meeting since edits made to this letter were not yet
reviewed by the Selectmen.
Adjust Sidewalk Permit Fees
Mr. Valente said it has been the Town’s practice to allow food establishments in the center to use
the adjacent sidewalk for seasonal dining. The Town Manager recommends increasing the fees
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Selectmen’s Meeting – January 23, 2017
by 3% for 2017, consistent with the increase in the tax levy. Outdoor seating is allowed from
April - October. The revenue is directed to the General Fund. Mr. Valente said he will discuss
with Bertucci’s how to better delineate the table area, consistent with ABCC guidelines.
On motion duly made and seconded, the Board voted 5-0 to establish the monthly sidewalk
permit fees for Bertucci’s at $460 and for Pete’s Coffee at $72.
Adjourn
On motion duly made and seconded, at approximately 11:20 p.m. the Board voted 5-0 to
adjourn.
A true record; Attest:
Kim Siebert
Recording Secretary
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Selectmen’s Meeting
Public Meeting on Proposed Massachusetts Avenue Center Streetscape Project
January 30, 2017
A meeting of the Lexington Board of Selectmen was held on Tuesday, January 30, 2017 at 7:00
p.m. in the Cary Memorial Building – Battin Hall, 1605 Massachusetts Avenue. Ms. Barry,
Chair: Mr. Kelley; Mr. Cohen; Mr. Pato; and Ms. Ciccolo; Mr. Valente, Town Manager, Mr.
Pinsonneault, DPW Director; Ms. McIntosh, Executive Clerk; Ms. Katzenback, Assistant to the
Executive Clerk, were present.
Also Present; Ad Hoc Center Streetscape Design Review Committee Members - Mr. Levin;
Chair; Ms. Buckley; Ms. Cororan-Ronchetti; Ms. Eccles; Ms. Enders; Mr. Frey; Mr. Himmel;
Mr. Kalsow; Mr. Lee; Ms. Shadley.
Prior to the start of the meeting agenda, Ms. Barry allowed Ms. Ciccolo to address the meeting
attendees. Ms. Ciccolo announced that the Town of Lexington is the recipient of a $292,000
grant from the Massachusetts Department of Transportation. This grant money comes from the
state's Complete Streets program, which aims to provide safe and accessible options for all travel
modes and for all people, taking into account the ages and abilities of individuals. Ms. Ciccolo
presented the certificate to Mr. Valente and Mr. Pinsonneault.
Discuss the Ad Hoc Center Streetscape Design Review Committee Report
For this agenda topic, Ms. Barry indicated the meeting would be structured as follows:
Presentation from the Ad Hoc Center Streetscape Design Review Committee, a question period,
a Comment period, Board Deliberation.
Center Streetscape Report Presentation
Mr. Levin provided an overview of the proposed Streetscape improvements and presented the
following recommendations made by the Committee for Tier 1, Tier 2 and Tier 3 of this project:
Tier 1 Committee Recommendations for Sidewalks and Lighting
Sidewalks: replace existing old brick with new, tight-laid, square-edge brick.
Deteriorated existing cement sidewalks would be replaced with new cement concrete
with a brick border, primarily on the east end of Mass. Ave.
Lighting: install slender pole and base lighting designed to improve safety of sidewalks
and crosswalks taking into consideration the new brick surface.
Tier 2 Committee Recommendations for Overall Layout, Landscaping and Hardscape, Street
Furnishings, Buffers and Edges, Roadway Features
Buffers and Edges: minimize the use of walls, and eliminating bollards, posts and
fencing.
Trash Receptacles & Recycling: keep the existing trash and recycling receptacle, both the
“big belly” solar compactors and recycling bins, plus the ornamental metal trash
receptacles.
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Selectmen’s Meeting – January 30, 2017
Tree Well: install a tree grate system or a suspended pavement system where the tree pits
are flush with the pavement in order to eliminate soil compaction.
Planters: replace the existing barrels with a durable, lighter wood planter of similar size
that is consistent with the benches
Tier 3 Committee Recommendations for: Educational and Interpretive Elements, Signage
and Wayfinding, Budgeting and Project Management
Interpretive and Educational elements: embed sidewalk medallion.
Signage and Wayfinding: wayfinding, street name and directional signs consolidated on
new black posts
Question Period
Ms. Barry asked Town staff for a clarification on the state of the infrastructure in the section of
Massachusetts Avenue being discussed. Mr. Pinsonneault explained that the infrastructure,
which include the water & sewer lines and drainage system, is not failing and at this time does
not require repairs.
Ms. Barry asked if any part of the Center Streetscape project would qualify for funding through
the Community Preservation Act. Mr. Valente said there may be certain aspects of the project
that might request CPA funding which in turn would require a vote for approval.
Wendy Mantz, Capital Expenditures Committee, asked how soon road repair will need to be
done. Mr. Pinsonneault explained the reasons the roadway will need to be reconstructed and that
an evaluation needs to done to determine the start of these repairs.
David Kantor, Capital Expenditures Committee, stated he would like to see a summary from the
Town Engineering Department providing a cross sectional view of this project to ensure all
parties involved are in alignment.
Pam Hoffman, 4 Rangeway, Town Meeting Member Precinct 7, asked if the Center Streetscape
project could be broken up into segments if the cost is too high to complete in whole. Ms. Barry
explained that an updated 25% design and updated cost must be reviewed before that can be
determined.
George Sacerdote, 15 Loring Road, asked if other road repair projects have been put on hold in
order to move forward with the Center Streetscape project. Mr. Pinsonnault explained how the
repair of the roadways are decided based on a repaving needs index. Mr. Sacerdote expressed
concern about Outlook Drive needing repair. Mr. Kelley explained there is a section of Outlook
Drive which is not maintained by the Town since it is designated as private.
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Selectmen’s Meeting – January 30, 2017
Gerry Paul, 43 Highland Ave., expressed concern of cost issues related to disruption to
businesses during construction and asked if the Committee had looked to methods used by other
communities to lessen the disruption.
Jill Hai, Capital Expenditures Committee, asked what the position of the DPW is on a curb to
curb only project. Mr. Pinsonneault explained that the repair of the roadway curb to curb can
affect the condition of the sidewalk, therefore coordination of all activities is necessary.
Comment Period
Margie Sharfin, 9 Loring Road, complimented the Design Advisory Committee on the work
done. Ms. Sharfin appreciated the amount of attention that was given to disability access and
recognition to historic value in this project.
Joel Adler, 22 Village Circle, Town Meeting Member Precinct 1, stated that he feels that the
portion of Massachusetts Ave. near CVS is in need of reconstruction. Mr. Adler expressed
concern that slippery walking conditions may occur when brick gets icy.
Vicki Blier, 41 Shade Sreet, Town Meeting Member, said she would like concrete areas to be
replaced with concrete. She stated fundraising should be considered to cover costs of this project
so that CPA funding can be preserved.
Michelle Bokun, 15 Middleby, stated she supports the Commission on Disability minority report
asking that the streetscape project support function in addition to beauty.
Tim Lee, Chairman of Design Advisory Committee, read a letter from the Design Advisory
Committee which outlined their recommendations and stated support to the Center Streetscape
project.
David Holzman, 33 Peacock Farm Road, expressed concern that the changes may be
implemented sooner than they are physically needed causing an increase to his taxes.
Sara Chase, 4 Peacock Farm Road, spoke of the Town planting trees in the center of Lexington
and read partial quotes of the importance of restoring the beauty of cities.
Sophia Ho, 351 North Emerson Road, Council of Aging, conveyed her feelings that Lexington
has been and should continue to be a town for everyone.
John Rosenberg, 64 Bloomfield Street, commented he feels the right amount money spent will
lead to longevity in regards to the repairs being considered for the Center Streetscape project.
David Kanter, 48 Fifer Lane, asked for clearer definition of the phases, stated he feels
reasonableness and costs of the plan need to be brought forward and agreed that the 25% design
project scope be revisited to get to the best estimate of the plan.
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Selectmen’s Meeting – January 30, 2017
Andy Friedlich, 22 Young Street, Town Meeting Member, complimented the Committee on their
detailed work and noted there are still concerns.
Janet Perry, 16 Ellison Road stated she is visually impaired and expressed that she is in favor of
concrete sidewalks with brick trim.
Dawn McKenna, 9 Hancock Street, expressed concern that there is not adequate consensus to
move forward at this time to make changes.
Bridger McGaw, 89 Meriam Street, thanked the Committee for their work on this project. He
stated he feels appropriate investments should be made to maintain the opportunity of economic
development for the businesses in the center.
Margie Sharfin, 9 Loring Street, stated she feels there is no perfect solution that will meet all the
needs.
Bijan Afshartous, 5 Green Lane, Town Meeting Member Precinct 2, asked if a final decision has
been made regarding the sidewalk replacement. Mr. Afshartous asked about the longevity of the
materials being used for sidewalk replacement. Mr. Pinsonnault replied each material will have
longevity.
Jerry Michelson, thanked the Committee for their work and said he is in full support of the
project.
Board Discussion and Deliberation
Ms. Barry asked the Selectmen if an updated 25% design needs to be requested in order to move
forward. The Selectmen agreed 4-1 to request an updated 25% design.Mr. Kelley was not in
agreement.
Ms. Barry asked each Selectmen for their feedback in regards to the Ad Hoc Center Street
Design Review Committee’s recommendations.
Tier 1
Sidewalk Material – Ms. Barry, Mr. Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo stated they
need more detailed information regarding each of the materials being considered including cost
analysis and lifecycle maintenance costs.
Lighting – Ms. Barry, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo were in agreement with
the Committee recommendations.
Tier 2
Landscape/Hardscape/Irrigation/Furnishings/Buffers & Edgers/Stormwater Infiltration – Ms.
Barry, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo were in agreement with the Committee
recommendations noting the size of trees should be substantive.
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Selectmen’s Meeting – January 30, 2017
Bicycle Parking - Ms. Barry, Mr. Kelley, Mr. Pato, and Ms. Ciccolo were in agreement with the
Committee recommendations. Mr. Cohen stated he had no comment.
Tier 3
Embedded Interpretive & Educational Elements - Ms. Barry, Mr. Kelley, Mr. Cohen and Ms.
Ciccolo were opposed to the Committee recommendations. Mr. Pato commented that while he
was not a fan of the recommendation, he had no objection.
Signage and Wayfinding - Ms. Barry, Mr. Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo were in
agreement with the Committee recommendations. The selectmen noted that the Tourism
Committee should be included in this portion of the project and that signage and wayfinding
needs to be consistent with the Master Plan.
Ms. Barry, Mr. Kelley, Mr. Cohen, Mr. Pato and Ms. Ciccolo were in agreement that it is
necessary to keep disruption to a minimum as much as possible to lessen impact to business,
which may include phasing of the project.
Sign the 2017 Annual Town Meeting Warrant
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the 2017
Annual Town Meeting Warrant and authorize staff to make non substantive edits as necessary or
recommended by Town Counsel or Bond Counsel.
Sign the Special Town Meeting 2017-1 Warrant
On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Special
Town Meeting 2017-1 Warrantand authorize staff to make non substantive edits as necessary or
recommended by Town Counsel or Bond Counsel.
Approve Letter of Support for LexHab Regarding Lowell Street Housing Project
On motion duly made and seconded, the Board of Selectmen voted 5-0 to provide a letter of
support addressed endorsing LexHAB’s application to the Department of Housing and
Community Development’s Local Initiative Program for a comprehensive permit for the
affordable housing project at the Busa Farm Property on Lowell Street with the non-substantive
edits provided by Mr. Cohen.
Approve Certification for Bond Counsel – 173 Bedford Street Property
On motion duly made and seconded, the Board of Selectmen voted 5-0 that the Town does not
currently anticipate that the property to be acquired with the $4,443,000 Land Acquisition
Bonds, 171-173 Bedford Street, or any portion thereof, will be leased, rented, managed or
otherwise exclusively committed to a third party, or sold for so long as any bonds are
outstanding. This property is anticipated to be used for municipal purposes, including swing
Selectmen’s Meeting – January 30, 2017 space while the main Fire Station is renovated and
swing space while the Police Station is being renovated, or possibly for a permanent Police
Station location.
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Selectmen’s Meeting – January 30, 2017
Executive Session
Mr. Valente stated that an executive session will not need to be held.
Adjourn
Upon motion duly made and seconded, it was voted 5-0 to adjourn at 9:45p.m.
A true record; Attest:
Kim Katzenback
Assistant to the Executive Clerk