HomeMy WebLinkAbout2024-05-20 SB-min
SELECT BOARD MEETING
May 20, 2024
A meeting of the Lexington Select Board was called to order at 6:31p.m. on Monday, May 20, 2024, via a
hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Hai, and Mr. Sandeen, were present, as well
as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and Ms. Katzenback, Executive
Clerk.
PUBLIC COMMENTS
Sarela Bliman-Cohen, 17 Dane Road, stated that, during last week's School Building Committee meeting,
there were a few options selected for the High School project. Only one was an add on renovation option,
but this option does not save useful portions of the school that would lead to cost savings. It does not
align with the spirit of the MSBA requirements to provide a plan which gives taxpayers a cost-effective
alternative to a new school. This Town is all about sustainability, yet the option of preserving parts of the
school for aesthetic, cultural, and historic values was not considered. Despite requests from local
architects and builders to meet with SMMA and provide an alternative, this has not happened.
Consideration of a more sustainable option would allow for improving the school and providing a lower
cost option, If the only option offered is a new school, the Town risks jeopardizing the entire building
project. One of the issues faced is that communication is lacking. She requested that a member of the
Select Board attend meetings, such as the abutters meetings, in the future.
Dawn McKenna, 9 Hancock Street, expressed concerns regarding multiple aspects of the work done in
front of her house at the Hancock Street rotary. Despite all the lighting and other safety items that she was
told would protect things, while also lighting up her property very brightly, there was a single car accident
on Saturday evening, along with a lot of traffic while trying to remove the vehicle from the scene. She
asked what criteria will be used to evaluate the effectiveness of this area into the future. This continues to
make a negative impact for her household.
Aviram Cohen, 17 Dane Road, stated that he submitted a pdf to the Board. The huge investment of the
High School deserves a thorough return on investment (ROI) analysis. Residents should be aware of this
ROI, and he would be happy to help the Town create the criteria for it.
Kenneth Reilly, 17 Reeves Road, Bedford, MA, stated that he owns a business in Lexington at 240
Bedford Street. He stated that he lost his son during an event in Lexington and asked for the Board for
help with support for a medical civil rights bill for those with mental illness.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Concerns and Liaison Reports
Ms. Hai explained that, at the January 8th meeting this year, the Board approved a letter to the State
House delegation in support of the Governor's local option real estate transfer fee. The Housing
Partnership Board requested the Board to send another message, nudging action and reminding the
Statehouse that they only have until the end of the session, and it is hoped that this item would happen
this year. She asked that this be placed on the Board’s Consent Agenda for the next meeting. The Board
agreed.
Mr. Pato stated that the School Building Committee met again this afternoon and discussed a high-level
review of the feedback through the online outreach program. That program had over 1,000 participants,
850 comments, and over 36,000 ratings of those comments. The responses were considered to be
relatively good. The meeting today reviewed the recommendations in the context of those comments and
proceeded to approve the preliminary design program to be submitted to the MSBA. This includes five
potential design directions that were based on the massing studies. Additionally, the Committee discussed
a response to questions arising from the community regarding Central Administration in the design of the
High School, and a response from the architects regarding the community proposals suggested as
alternatives to the various design proposals. The Committee will meet again this week for a financial
summit to discuss the orders of magnitude cost estimates.
Mr. Pato explained that the Board has a number of policies and guidelines that call for actions to be taken
by the Board which are largely procedural. One of the challenges with the way these guidelines are
written is that they can be very time sensitive, and if there is not an opportunity for a Board meeting, the
Board may miss the occasion. He asked that the Policy Committee review those policies and provide
alternatives for the process, especially regarding delegating certain decision-making items.
Mr. Lucente stated that, on Saturday, Lexseeher hosted a dedication ceremony where they officially
transfer the ownership of the monument to the Town through a formal deed. They also presented the
Town with a $10,000 check to ensure that future maintenance of the monument will be taken up by the
Town. It is important to highlight that this entire project was fully funded by donations and grants, with
no Town funds utilized.
Mr. Sandeen expressed amazement of the unveiling of the monument and thanked all those that helped
make it possible. Mr. Sandeen reflected that at the unveiling of the monument he saw two people standing
arm in arm in the portal holding hands with women from Lexington’s past and looking forward through to
portal to envision what amazing things Lexington’s women will be doing in the future and thanked all
those that helped make it possible.
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Mr. Malloy confirmed that the Board was okay with him submitting a paint stewardship lobbying letter to
the legislature. He noted that DPW Employee Appreciation Day is tomorrow. He also noted that the
Town received a grant for $15,000 for the purchase of two EVs, and, on Wednesday, the Board will tour
the new Police Station.
DOCUMENTS: Weekly Update 05-10-24; 05-17-24
CONSENT AGENDA
The Board voted Item #14 from the Consent Agenda separately, with Mr. Lucente recused.
1. Approve and Sign Proclamations
ALS Awareness Month
Pride Month
Sal Frelick Day in Lexington
To approve and sign a proclamation recognizing the month of May 2024 as ALS Awareness Month.
To approve and sign a proclamation recognizing the month of June annually as Pride Month.
To approve and sign a proclamation recognizing Salvatore Michael Frelick and naming Friday, May 24,
2024 as Sal Frelick Day in Lexington.
DOCUMENTS: 2024ALSAwareness Month Proclamation, 2024 Pride Month Proclamation, 2024 Sal
Frelick Day in Lexington Proclamation
2. Application: One-Day Liquor License – Lexington Lyceum Advocates, 735 Massachusetts
Avenue
International Fun Fest
To approve a One-Day Liquor License for Lexington Lyceum Advocates for the purpose of serving beer
on the lawn behind the Ellen Stone Building, 735 Massachusetts Avenue for International Fun Fest on
Saturday, June 15, 2024 from 4:00pm to 8:00pm.
DOCUMENTS: 2024 Lexington LyceumAdvocates International Fun Fest Location Map, 2024
Lexington LyceumAdvicoates International Fun Fest Procedures for Serving Alcohol
3. Application: One-Day Liquor License – Lexington Retailers Association, Emery Park, 0
Massachusetts Avenue
2024 Lexington Discovery Beer Garden
To approve a One-Day Liquor License for the Lexington Retailers Association for the purpose of serving
beer and wine in a beer garden within a cordoned off area in Emery Park (the Lexpress bus stop), 0
Massachusetts Avenue during Lexington Discovery Day on Saturday, May 25, 2024 from 11:30am to
3:30pm.
DOCUMENTS: 2024 Lexington Discovery Day Beer Garden Location Map, 2024 Discovery Day Beer
Garden Procedures for Serving Alcohol
4. Application: Entertainment License – Lexington Local Food Collaborative d/b/a Lexington
Farmers' Market, Worthen Road Practice Field, 251 Waltham Street
2024 Lexington Farmers' Market
To approve an Entertainment License for Lexington Local Food Collaborative d/b/a Lexington Farmers'
Market for the purpose of providing recorded music and live performances for patrons of the 2024
Lexington Farmers' Market to take place every Tuesday from May 28, 2024 through October 29, 2024 at
the Worthen Road Practice Field from 2:00pm to 6:30pm.
DOCUMENTS: 2024 Lexington Farmers' Market Overview of Request for Entertainment License
5. Application: Battle Green Permit – Dean Chang, Battle Green, 0 Massachusetts Avenue
Navy Promotion Ceremony
To approve the request of Dean Chang to use the Battle Green on Saturday, June 8, 2024 from 11:00am to
12:00pm for the purpose of conducting a Navy Promotion Ceremony near the Minuteman Statue.
DOCUMENTS: Diagram of Event - Navy Promotion Ceremony Location
6. Application: License by a Farmer Winery to Sell at Farmer's Market - Stormalong Cider,
Worthen Road Practice Field, 251 Waltham Street
2024 Lexington Farmers' Market
To approve and sign a Special License for Stormalong Cider LLC to sell hard cider at the Lexington
Farmers' Market from May 28, 2024 through October 29, 2024 for off-premise consumption.
DOCUMENTS: Special License Application
7. Approve Select Board Committee Appointment Monuments and Memorials Committee - Mirela
Vaso
To appoint Mirela Vaso to the Monuments and Memorials Committee to fill an unexpired three-year term
set to expire on September 30, 2026.
DOCUMENTS: 2024 Monuments and Memorials Committee Application - M. Vaso
8. Approve Select Board Committee Reappointment
Lexington Housing Assistance Board (LexHAB) - Tara Mizrahi
To reappoint Tara Mizrahi to the Lexington Housing Assistance Board (LexHAB) for a three-year term
set to expire on May 31, 2027.
9. Approve Select Board Committee Resignation
Lexington Bicycle Advisory Committee - Matthias Beebe
To accept the resignation of Matthias Beebe from the Lexington Bicycle Advisory Committee effective
immediately.
DOCUMENTS: Resignation Letter - M. Beebe
10. Approve Town Manager Committee Reappointments
Board of Health - Dr. David Geller
Commission on Disability - Julie Ann Miller
Council on Aging - John Zhao
Recreation Committee - Carl Fantasia
To confirm the Town Manager's reappointments of Dr. David Geller to the Board of Health with a term
set to expire on April 30, 2027; Julie Ann Miller to the Commission on Disability with a term set to
expire on October 30, 2026; John Zhao to the Council on Aging with a term set to expire on May 31,
2027 and Carl Fantasia to the Recreation Committee with a term set to expire on May 31, 2027.
DOCUMENTS: Carl Fantasia – Recreation, Dr. David Geller – BOH, Julie Ann Miller, John Zhao
11. Approve Select Board Meeting Minutes
To approve and release the following minutes:
April 1, 2024 Select Board
April 24, 2024 Select Board
April 29, 2024 Select Board/Executive Recruitment Firm Interviews
April 29, 2024 Select Board
DOCUMENTS: DRAFT 04012024 Select Board Minutes, DRAFT 04242024 Select Board minutes,
DRAFT 04292024 Select Board minutes - Executive Recruitment Firm interviews, DRAFT 04292024
Select Board Minutes
12. Approve and Sign Water and Sewer Finals
To approve and sign the attached Water and Sewer Finals for March 2024 and April 2024.
DOCUMENTS: March & April 2024 W/S Finals
13. Application: Battle Green Permit - Town Celebrations Committee, Battle Green, 0 Massachusetts
Avenue
Placement of Flags at Battle Green Plaques & Wreath Laying at Obelisk for Memorial Day
Road Closure for Memorial Day Walk on Massachusetts Avenue
Road Closure for Memorial Day Ceremonies in Depot Square
To approve the request of the Town Celebrations Committee to place small flags at the memorial plaques
around the Battle Green on the morning of Friday, May 24, 2024 and to be removed on the morning of
Tuesday, May 28, 2024.
To approve the request of the Town Celebrations Committee to use the Battle Green for the purpose of a
wreath laying ceremony at the obelisk on Monday, May 27, 2024 at approximately 8:15am.
To approve the Town Celebrations Committee request for road closures on Massachusetts Avenue and
Depot Square as described in the attached letter dated May 1, 2024 to all but emergency traffic for the
Memorial Walk and the Memorial Day Ceremony taking place in Emery Park on Monday, May 27, 2024
from 9:30am to 12:00pm, and subject to working out all of the details with the Lexington Police
Department, Lexington Fire Department, Department of Public Works, and Town Manager's Office.
DOCUMENTS: Town Celebrations Committee Battle Green Use & Road Closure Request - 2024
Memorial Day Walk & Ceremonies
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent
Agenda items #1-13.
14. Approve Lexington Lions Club Request - 68th Annual Fourth of July Carnival
Mr. Lucente recused himself from this item.
To approve the request of the Lexington Lions Club to hold the 68th Annual Fourth of July Carnival at
Hastings Park from Wednesday, July 3, 2024 through Sunday, July 7, 2024 with the times as requested in
the Lexington Lions Club letter dated May 1, 2024.
To approve the request of the Lexington Lions Club to use lighting as necessary until 11:30pm from
Monday, July 1, 2024 through Sunday, July 7, 2024.
To approve a fireworks display on Friday, July 5, 2024 at approximately 9:30pm subject to approval of
the fireworks vendor, Pyrotechnico, and necessary safety precautions as required by the Fire Department.
DOCUMENTS: 2024 Lexington Lions Club Request Letter - 68th Annual Fourth of July Carnival
VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to approve the Consent
Agenda item #14.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Liquor License Amendments - Bermans Market Inc. d/b/a Bermans Wine and Spirits, 55
Massachusetts Avenue
Change of Officers
Change of Stock
Pledge of Collateral
Change of Manager
Mr. Lucente opened the hearing at 6:59pm.
Elizabeth Lashway, Lashway Law, LLC, explained that four applications have been submitted. Three of
the four applications are corrective. The last transfer of stock that was approved by the local board and the
ABCC occurred in October 1972 whereby Myer Berman and Edward Berman each had 50 shares of
stock, and Edward transferred his 50 shares to Joel Berman, resulting in Joel and Myer each having 50
shares of stock. The following is a summary of the four applications, which are being filed together:
CORRECTIVE APPLICATION #1. Transaction of 9/21/1994: Stock transfer from Myer Berman to Joel
Berman of 1 share resulting in Myer having 49 shares and Joel having 51 shares.
CORRECTIVE APPLICATION #2. Transaction of 11/7/1995: Myer Berman passed away on this date,
and in his will, Myer Berman left his 49 shares to Joel Berman, resulting in Joel having all 100 shares.
CORRECTIVE APPLICATION #3. Transaction of 1/1/2019: Joel Berman sold 5 of his 100 shares to
Alex Bluhm, resulting in Joel having 95 shares and Alex having 5 shares.
APPLICATION #4. Transaction of 4/2024: Joel Berman sells his remaining 95 shares to Alexander
Bluhm, resulting in Alex having all 100 shares. Joel and Barbara Berman are removed from the license,
and Alex becomes the sole officer/director, sole stockholder, and new licensed manager.
Dawn McKenna, 9 Hancock Street, explained that Joel Berman was one of the original Chairmen of the
Tourism Committee and very supportive of tourism in the Town, as was Alex Bluhm. She noted that the
Town is well served by having him join the community.
Mr. Lucente closed the hearing at 7:04pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the four
amendment applications from Bermans Market Inc. d/b/a Bermans Wine and Spirits, 55 Massachusetts
Avenue which include change of officers, change of stock, pledge of collateral and change of Manager;
and further, upon approval by the ABCC of the four amendment applications, issue an updated Liquor
license Bermans Market Inc. d/b/a Bermans Wine and Spirits, 55 Massachusetts Avenue naming Alex
Bluhm as Manager on Record.
DOCUMENTS: CORRECTIVEAPPLICATION #1, CORRECTIVEAPPLICATION #2,
CORRECTIVEAPPLICATION #3, APPLICATION #4
2. Liquor License Amendment - Expansion of Premise - Sfizi LLC d/b/a il Casale, 1727
Massachusetts Avenue
Mr. Lucente explained that the Select Board Office has received all the necessary paperwork from Sfizi
LLC d/b/a Il Casale for an Alteration of Premise to their Liquor License to add service of alcoholic
beverages to the tables located on the public sidewalk in front of the restaurant. The license already
includes the private area of outdoor dining, and the request is to now also include the tables located on
public sidewalk in front of the restaurant. They have received an Outdoor Dining Permit from the Town
Manager’s Office for these tables on the public sidewalk. As of May 1, 2024, only Local Licensing
Authority approval is required for the amendment to add outdoor alcoholic beverage table service areas to
existing Liquor Licenses. The Local Licensing Authorities only need to provide notice to the ABCC of
any outdoor table service alteration of premises they approve.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Sfizi LLC
d/b/a Il Casale’s application for an Alteration of Premise of their All Alcohol Restaurant Liquor License
at 1727 Massachusetts Avenue to now include outdoor alcoholic beverage service to the outdoor tables
located on public sidewalk and issue an updated Liquor License reflecting this.
DOCUMENTS: Alteration of Premise request, ABCCAdvisory Outdoor Table Service Alterantion of
Premise
3. Grant of Location for Cambridge Network Solutions - 4 Maguire Road
Mr. Lucente opened the hearing at 7:08pm.
Jeffrey Harrington, Cambridge Network Solutions, explained that the proposal is to install a new
handhole, a new metal riser, and approximately 245’ of underground communication conduit substantially
as shown on the plan made by MTP Communications Inc, dated May 3, 2024, under the following public
way or ways of Lexington:
Maguire Road - From Utility Pole 399/10, install a 4in X 10ft metal riser and trench
approximately 105ft installing (1) 4in PVC ‘CNS’ Communications Conduit to newly proposed
17in X 30in handhole #1 in the grass at 4 Maguire Road. From HH#1, trench approximately 140ft
installing (1) 1.25in PVC ‘CNS’ communications conduit to building point of entry at private
property 4 Maguire Road.
This work is being requested for the telecommunication service to 4 Maguire Road. Engineering and
Conservation Departments reviewed the request and have no objections to the petition. Abutters notices
were mailed as required.
Mr. Lucente closed the hearing at 7:10pm.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve a Grant of
Location to Cambridge Network Solutions to install new handhole, a new metal riser construct, and a
location for, such a line of conduits with the necessary wires and cables therein, said conduits to be
located, substantially as shown on the plan made by MTP Communications Inc. Dated May 3, 2024,
under the following public way of Lexington: Maguire Road - From Utility Pole 399/10, install a 4in X
10ft metal riser and trench approximately 105ft installing (1) 4in PVC ‘CNS’ Communications Conduit to
newly proposed 17in X 30in handhole #1 in the grass at 4 Maguire Road. From HH#1, trench
approximately 140ft installing (1) 1.25in PVC ‘CNS’ communications conduit to building point of entry
at private property 4 Maguire Road.
DOCUMENTS: Grant of Location Petition, Project Plans
4. Presentation - Power Options on Fleet Electrification Roadmap
Maggie Peard, Sustainability & Resiliency Officer, explained that the Department of Energy Resources
has announced a second iteration of the Green Communities Program called the Climate Leaders
Program. Any communities that are accepted into the program will have access to expanded funding for
projects like building, decarbonization, and other sustainability projects. There are five requirements for
acceptance into the program, many that the Town has already met. One is having a stated Net Zero goal.
The second is passing the Specialized Code. The third is having a building decarbonization roadmap for
municipal buildings. The fourth is having a fleet electrification roadmap for municipal fleet vehicles.
Finally, the fifth is having an Electric First Policy for vehicle purchases.
Power Options presented the Fleet Electrification Roadmap they prepared on behalf of the Town using
Town fleet data. The roadmap outlines the costs and expected emission reductions associated with
transitioning the municipal fleet to electric vehicles. It also provides recommended models for
replacements, details about available incentives, and a proposed timeline for the transition. 133 vehicles
were analyzed, and Lexington already has eight electric vehicles which were excluded from the analysis.
If Lexington completes its fleet to zero emission vehicle plan, there will be an annual reduction of 530
metric tons of CO2 emissions and a 10-year total cost of ownership savings of $1.1M through 2033. To
maintain Lexington’s existing fleet, the annual cost of ownership is estimated at $1.6M. After converting
to zero emissions, the costs are estimated to go down to $1.53M by 2030, reaping over $900,000 in
savings annually.
Mr. Sandeen asked when it will make sense for an annual update on this item to be presented to the
Board. Ms. Peard stated that the late summer timeframe would make the most sense.
There was discussion regarding the charging stations available at the Police Station and for the public.
Mr. Lucente expressed concern regarding that 65% of the fleet transition is proposed to happen in the last
year, 2030. This seems a bit out of line with the purchasing plan that would likely be used to achieve this
goal. Mr. Malloy stated that this is an aggressive plan to have so many vehicles transferred over by 2030.
It was noted that the roadmap can be extended to a later date if the Board so decides.
Ms. Hai noted that Sustainable Lexington will be reviewing this tomorrow evening. She noted that there
is a specific Capital Plan that contains all vehicle acquisition timing. It may make sense to align this plan
with the Capital Plan. Ms. Peard stated that the roadmap is based on the best information available at the
moment and is a helpful tool to be used for comparisons. All purchases will be reviewed individually and
assessed for when replacement makes the most sense.
DOCUMENTS: Power Options Presentation
5. Discuss and Approve Modifications to Fleet Electrification Policy
Ms. Peard explained that this is Fleet Electrification Policy is another requirement for the Climate Leaders
Program. The Town already has a Fleet Electrification Policy in place, but, after a review by DOER, Staff
recommends minor amendments to the Policy to ensure alignment with the Climate Leaders program
requirements.
The Board reviewed the proposed amendments.
VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the modifications
to the Fleet Electrification Policy, as presented.
DOCUMENTS: Fleet Electrification policy (redline)
6. Affordable Housing Trust Request to Review Timeline for Request for Proposal (RFP) Process
for Parcel 68-44 Located on Lowell Street
Mr. Lucente explained that the Board will review and discuss the proposed timeline for the Request for
Proposal (RFP) process concerning Parcel 68-44 on Lowell Street.
Elaine Tung, Chair of Affordable Housing Trust,reviewed the proposed timeline as presented by the
Affordable Housing Trust (AHT). The purpose of the discussion is to align stakeholders on the timeline,
including Staff and members of the (AHT), and to prioritize the goals for the project. Ms. Tung explained
that the AHT plans to have the RFP completed this week. The intention, once the RFP is finalized, would
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be to have the community to comment on it. A deadline for proposals is planned for August 22.
Ms. Tung explained that the deadline for a developer to apply for low-income housing tax credits is
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November 15. There are other rounds that will occur later on. The hope is to give developers the chance
to apply for this credit.
Mr. Pato stated that the timeline seems correct to meet this deadline for application. He would like to see
the scope of the RFP to make sure it conforms to what has been heard as key community concerns.
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Ms. Hai agreed that this could come back before the Board at the meeting on June 3 to review the RFP
scope.
Mark Lang, 2 Opi Circle, stated that this project has been rushed through since the get-go. There has been
no time included to work with a developer/developers to make sure that the initial submittal is the right
project for this Town. Shortcuts continue to be taken in the process. Neighborhood input is not on the
timeline for this process, and he would like to know how input will be given for this RFP.
Mr. Lucente suggested allowing for written feedback from neighbors for this project, along with allowing
for additional public comment during the meetings on this topic.
Mr. Lang stated that a public tool allowing for up/down votes of the 15 most important neighbors’
opinions on this topic should not be weighted more heavily than 30,000 other residents who will not be
directly impacted.
DOCUMENTS: Affordable Housing Trust DRAFT RFP Process Timeline
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to adjourn at
8:30pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary