HomeMy WebLinkAbout2024-10-25 SB-min
SELECT BOARD MEETING
October 25, 2024
A meeting of the Lexington Select Board was called to order at 9:00a.m. on Friday, October 25, 2024, via
a remote meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Ms. Hai, and Mr. Sandeen, were
present, as well as Ms. Axtell, Interim Town Manager; and Ms. Katzenback, Executive Clerk.
PUBLIC COMMENT
Dawn McKenna, 9 Hancock Street, stated that the community strives for constant improvement and, as a
result, many times public comments come across as being against something that has been done. In that
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light, she noted that the work being done by the 250 Committee deserves a special thank you. She stated
that she saw Town employees, residents, and visitors participating in the recent drone show. She
recognized all who came together to make the event possible.
Olga Guttag, 273 Emerson Road and member of the LHS For All group, thanked the Board for paying a
lot of attention to the High School project and to the MBTA zoning. She urged the Board to ask the
Building Committee to slow down the project and support Article 8. The current project has the same
problem as the original project, in that the enrollment is impossible to project. She would like to make
sure that the Town builds a school that is neither too small, nor too large.
SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS
1. Select Board Member Announcements and Liaison Reports
Ms. Barry shared an email she sent to Ms. Axtell on behalf of the Semiquincentennial Commission
Lex250 and the Drone Show Working group thanking those involved in the event.
Ms. Hai stated that she was recently in Lexington’s sister city of Antony France, where she was able to
deliver a personal invitation to the Mayor and his staff to attend next April’s Semiquincentennial
celebrations.
Mr. Pato stated that, at last Monday's Select Board meeting, Ms. Hai asked a question regarding costs that
were integrated into the estimated cost for the High School building project. This question was sent to the
consulting staff and the response was that all costs for field replacement, ground improvements, and legal
fees for Article 97 are covered within the overall budget. The differences in construction costs at different
locations are integrated into the costs.
DOCUMENTS:
Announcements and Liaison Reports
TOWN MANAGER REPORT
1. Town Manager Weekly Update
Ms. Axtell stated that the Town’s Department of Public Works was recognized by the New England
Chapter of the American Public Works Association as the Outstanding Department of the Year at the fall
conference. She noted that the elementary students recently voted through the Town Clerk's office for the
dog tag license. Out of a total number of 969 students voting, 473 students voted for the winner of the
acorn shape.
DOCUMENTS
: Weekly update 10.18.25
CONSENT AGENDA
1. Request to Amend: One-Day Liquor License – Galaray House, 1720 Massachusetts Ave
'First Friday' Art Event - Thursday, December 5, 2024, from 5:00pm - 8:00pm.
To approve the amended hours on Galaray House's One-Day Liquor License for their 'First Friday' event
to now read December 5, 2024, from 6:00 p.m. to 8:00 p.m.
2 Approve: One-Day Liquor License – Spectacle Management, Inc., 1605 Massachusetts Avenue
Cary Hall Concert Series:
November 11, 2024 - Jesse Cook
November 24, 2024 - Daniel O'Donnell
December 11, 2024 - Big Bad Voodoo Daddy
December 12, 2024 - Irish Tenors
December 20, 2024 - Canadian Brass
To approve five One-Day Liquor Licenses for Spectacle Management, Inc. to serve beer and wine in the
lobby of Cary Memorial Building, 1605 Massachusetts Avenue, for the purpose of their concert series.
3. Approve: One-Day Liquor License – Monroe Center for the Arts, 1403 Massachusetts Avenue
Off Beat Tap Company- Seasonal Suites Jazz Event: Friday, November 1, 2024, from 7:30
pm - 9:00 pm.
To approve a One-Day Liquor License for the Monroe Center for the Arts, 1403 Massachusetts Avenue,
to serve cocktails from 7:30 pm to 9:00 pm on Friday, November 1, 2024.
4. Approve: One-Day Liquor License – Access Sports America, 453 Concord Avenue
Fundraiser - Thursday, November 14, 2024, from 6:00 - 9:00 pm.
To approve a One-Day Liquor License for Access Sports America, 453 Concord Avenue, to serve beer
and wine from 6:00 pm to 9:00 pm on Thursday, November 14, 2024.
5. Approve Select Board Minutes
September 19, 2024, Summit
September 23, 2024, Select Board
October 7, 2024, Select Board
To approve and release the following minutes:
September 19, 2024, Summit
September 23, 2024, Select Board
October 7, 2024, Select Board
DOCUMENTS:
DRAFT 09192024-Summit Minutes, DRAFT 09232024 Select Board Minutes, DRAFT
10072024 Select Board Minutes
6. Approve and Sign Eagle Scout Commendation Letters – Marc Haddad & Thomas Trout
To approve and sign a letter of commendation congratulating Marc Haddad and Thomas Trout of BSA
160 for attaining the highest rank of Eagle in scouting.
DOCUMENTS:
Eagle Letter - Thomas Trout, Eagle Letter - Marc Haddad
7. Approve Town Manager Committee Reappointment Commission on Disability - Victoria
Buckley
To confirm the Interim Town Manager's reappointment of Victoria Buckley to the Commission on
Disability with a term set to expire October 30, 2027.
8. Approve and Sign Proclamation – National First Responders Day National First Responders Day
- Monday, October 28, 2024.
To approve and sign a proclamation recognizing October 28, 2024, as National First Responders Day in
the Town of Lexington.
DOCUMENTS:
2024 First Responders Day October 2024
VOTE
: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
Consent Agenda.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Grant of Location - National Grid - 73 Waltham Street
Extension of gas main from Vinebrook Road onto Waltham Street
Service line from extension to back of 73 Waltham Street
Mr. Lucente opened the public hearing at 9:17am.
Mr. Lucente explained that National Grid is seeking a Grant of Location in the Town's right of way to
install approximately 175’ of 6” plastic main extending from the existing 6” plastic main in Vine Brook
Road to Waltham Street and install up to approximately 240’ of 2” plastic service extending around the
western side of the building at 73 Waltham Street from the proposed main extension 6” plastic main in
Waltham Street, Lexington. This grant of location request from National Grid is related to Verizon’s
project to install a Fuel Cell at the rear of 73 Waltham Street. Engineering has reviewed this application
and has no objections to work being done in the right of way. National Grid will be required to get all
necessary permits from Town Departments related to this grant of location work.
Mr. Sandeen asked if Verizon has applied for building and electrical permit. He asked if there has been a
fire safety review, or an emergency management plan approved. He asked if the Health Department
reviewed the plans to store hazardous materials on site, which are required for this installation. He asked
if Verizon has informed the neighboring businesses and local residents of their plans to install something
that is essentially a power plant in the center of Lexington. Mary Mulroney, National Grid, explained that
the grant is needed in order to then apply for permits. She noted that Bloom Energy will be the company
doing this work.
John Livsey, Town Engineer, stated that staff does not have concern with the work proposed in the
roadway and will be issuing a permit, if the grant is approved. The permit will give specific requirements
for road repairs and etc. The Engineering Department has no oversight or jurisdiction on the fuel cell
concerns. This would be handled by the Building Commissioner.
Ms. Barry asked about the timeline for the project, if action is not taken by the Board this evening. She
asked for additional information from Verizon.
Ms. Katzenback stated that there is no precursor of having an approved grant of location before the
applicant can apply for the building and electrical permit. The Building Commissioner recommended the
applicant apply. Staff and National Grid tried to pass this information along to Bloom Energy but it is
unclear if they have yet applied.
Mr. Lucente, upon hearing from Mr. Livsey, stated that there appears to be time for the Board’s questions
to be answered before voting on this item. It was agreed that the Board would not take action on this item
at this time.
The hearing was closed at 9:31am.
DOCUMENTS:
National Grid Grant of Location Peition, Plans
2. Noise Bylaw Special Permit - Pleasant Street
Mr. Lucente opened the hearing at 9:32am. He explained that the DPW-Engineering Division along with
the contractor Unified Construction is nearing completion of the Pleasant Street roadway, sidewalk, and
intersection improvements project.
Mr. Livsey stated that the limits of this work are along Pleasant Street, from Follen Road to Watertown
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Street. The current intent is for the top course paving to occur during the day on Monday, November 4.
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However, the request is to secure Sunday, November 3 from 5pm-7am as a backup date. The hearing
notice was delivered to abutters within 300’ of the proposed work area as well as advertised in the
Lexington Minuteman Newspaper. In advance of paving, all abutters will be notified of the exact date and
there will be an interactive information page available.
Mr. Pato noted that the audible rumble strips for people crossing with visual impairments are set at a
diagonal on the intersection of Pleasant Street and Follen Road, which leads them into the middle of the
intersection instead of to the crosswalk. Mr. Livsey explained that there is no legal requirement for this to
be perpendicular to the road crossing. This is done whenever physically possible but oftentimes, the angle
of the street coming into it keeps this from being perfectly square and forces it to be skewed.
Mr. Sandeen expressed concern with the proposed road construction noise occurring that late into the
night, but is encouraged by fact that this is only a backup plan.
Ms. Barry asked about the detour proposed for this work. Mr. Livsey agreed that this is a difficult area to
detour, but staff has done this before successfully. Ms. Barry noted that she has concerns with this detour
during the day. While she is also concerned about the noise at night, it may be a balance with the
significant detour needed during the day. She would be in favor of the night work. Ms. Hai agreed. Mr.
Livsey explained that the priority cannot be swapped due to the temperatures needed (40 degrees and
rising) in order to complete the work.
The Board asked that all major entities impacted by this proposal have it made clear to them that this
work will likely take place in the daytime and with the least amount of impact possible.
The hearing was closed at 9:47am.
VOTE
: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a
Noise Bylaw Special Permit for DPW-Engineering/Unified Construction for evening work to be
conducted during the hours between 5:00pm Sunday, November 3, 2024, to 7:00am Monday, November
4, 2024.
DOCUMENTS:
Noise bylaw waiver request
3. Liquor License Amendment - Lexington Liquors Corp - 7 Depot Square - DBA Change and
Pledge of License
Mr. Lucente explained that Lexington Liquors Corp, located at 7 Depot Square, has submitted all the
necessary paperwork needed to request a change of their D/B/A name from Lexington Liquors to
Lexington Market and Liquors on their All Alcohol Package Store Liquor License and also for their
request for a pledge of license and inventory as collateral for their bank loan. The applicant has confirmed
that while the store name is being updated to include the word ‘Market,’ their business model is still an
Alcohol Package store, selling some pre-packaged food items. The applicant affirms they will continue to
comply with the Select Board Alcohol Regulations for Package Stores.
Mr. Matthew Porter, legal counsel for the applicant, explained that this is a rebranding. Liquor sales will
still be well above 50% of the gross sales.
VOTE
: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the
Lexington Liquors Corp application for a change of D/B/A to amend their All Alcohol Package Store
Liquor License to Lexington Liquors Corp d/b/a Lexington Market and Liquors at 7 Depot Square; and
further to approve the Lexington Liquors Corp application for the Pledge of License and Inventory.
DOCUMENTS:
Liquor Amendment Application, Copy of Store Layout Plan
4. Discussion on the Building Decarbonization Roadmap
Maggie Peard, Sustainability and Resilience Officer, explained that one of the requirements to become a
designated Climate Leader Community is to have a municipal decarbonization roadmap – a plan to show
how the Town will achieve net zero emissions by 2050 for its own operations. She, along with staff from
Facilities, Public Works, Fire, and Police Departments, have been working with PowerOptions to develop
a roadmap that is focused on fleet and building decarbonization.
Michelle Gardiner, PowerOptions, presented the roadmap draft.
Mr. Sandeen stated he felt that the roadmap draft is excellent and is especially pleased with the priorities
that have been established, including identifying the charging infrastructure needed to accompany the
Town’s Fleet Electrification Plan. Mr. Sandeen suggested that Level 2 charging infrastructure has a
broader charging range than stated in the draft document. Mr. Lucente agreed that there are some
assumptions in the roadmap regarding government subsidies and funding, but there is a question as to
what may happen if those incentives disappear. He asked how the roadmap will be adapted in the future
based on upcoming technology. Ms. Peard noted that the roadmap should likely be reexamined on a
regular basis during the capital planning process. Ms. Gardiner agreed that every three years may be a
reasonable review timeline.
DOCUMENTS:
Lexington Climate Leader Roadmap
5. Special Town Meeting - 2024-1 - Article 9: Resolution - Design Process of Crematory at
Westview Cemetery (Citizen Petition)
Anil Ahuja and Sanjay Padaki presented Article 9. This is a request for Town Meeting to indicate to staff
to explore a crematory at Westview Cemetery. The four points for this Article are that cremations
continue to increase throughout the US compared to what was reviewed during the Ad Hoc Committee
report; cremations offer a more economic option to residents; there is an increasing local need for a
crematory; and a local crematory will afford all residents an equitable right. There were nearly 300
signatures obtained for this Citizen’s Petition.
Ms. Barry stated that, having served as the chair of the Ad Hoc Crematory Committee, she appreciates an
update on the need for crematory services in the area and everyone who signed the Citizen’s Petition,
however, she is concerned about a Citizen’s Petition requesting design funding for a capital structure that
is not in the current capital plan. There is instead an opportunity to discuss bringing this item into the
capital plan by reconstituting the Ad Hoc Committee to bring new information forward.
Mr. Pato stated that this is not a budget request at this time. This is a request for Town leadership to
develop a budget request. There seems to be community interest and need, and this is a worthy request
that he supports.
Ms. Hai stated that it feels appropriate to revisit the Ad Hoc Committee’s results at this time. It is unclear
if this proposal is the best way to do that. She would like a Committee to update the research prior to
bringing this forward.
Mr. Lucente stated that, while chairing the Ad Hoc Committee, he learned about what it takes for this
type of business to be fiscally sustainable. He would need to know more about what has changed with the
economics of this type of business in order to move forward.
Mr. Sandeen agreed with Mr. Lucente’s comments. He stated that the accelerating trends presented by the
proponents are compelling. However, his recollection from the previous Ad Hoc Committee report on this
topic was that establishing a crematorium would be difficult from a business perspective. He would like
to take another look at the business case to see whether the trends justify moving forward. He would also
like to hear from Town staff regarding potential construction costs.
Mr. Padaki stated that the design appropriation for FY26 came up at the Appropriation Committee
meeting yesterday. It appears as though it may be too late to include this in the FY26 budget. There was a
proposal to amend that language in the motion. From a business model perspective, given the costs
differences between a burial and a cremation, this will never be a financially sustainable model. Thus, the
capital investment needs to be justified in other ways, such as the trend increases in cremations.
Mr. Lucente stated that the proposed FY27 appropriation in the motion seems reasonable. Ms. Barry and
Ms. Hai agreed with advancing this to FY27 and suggested including language regarding reconstituting
the Ad Hoc Crematory Committee to update their work.
DOCUMENTS:
Article 9 Crematory Motion, Article 9 Crematory Presentation
6. Special Town Meeting 2024-1 - Select Board Article Positions
The Board discussed Article positions and the concept of a report to Town Meeting.
Mr. Pato stated that the Board has been hearing concerns from members of the community regarding
growth of the Town. In order to better communicate with the community on this topic, he recommended
drafting a scope of concerns and potential approaches to be taken. He also suggested that the report to
Town Meeting could include responses from Board members in writing on the Citizen’s Petition Articles.
Mr. Sandeen and Ms. Hai suggested that the report focus on a recognition of the scope of the issues we
will be addressing, allowing for additional opportunity for public feedback, while not addressing what
will be done as this may yet be premature.
Ms. Barry noted that the Board should advise the Planning Board if it plans to make a statement regarding
MBTA Communities. She suggested that a communication portal could also be created for this item.
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The Board agreed to review a draft report at its November 8 meeting.
The Board agreed to place Articles #2 and #6 onto the Consent Agenda.
Regarding Article 7, all Board members took a ‘yes’ position, except for Mr. Sandeen who remained a
‘wait.’
DOCUMENTS:
Select Board Working Document - Positions STM 2024-1
ADJOURN
VOTE
: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn at
10:58am.
A true record; Attest:
Kristan Patenaude
Recording Secretary