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HomeMy WebLinkAbout2025-01-06 SB-minSELECT BOARD MEETING January 6, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, January 6, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Ms. Barry, Mr. Sandeen, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Christina Burwell, 6 Albemarle Avenue and representing the Monroe Center of the Arts, invited the Board to Illumination Night this Saturday at 4:30pm at the Depot. The anchor to the program is projection mapping which will be illuminated onto the Depot Building. A Police detail is only available for ten minutes of the event and she asked for suggestions as to how to lengthen this support if possible. Mr. Lucente recommended speaking with the Town Manager’s Office. Dawn McKenna, 9 Hancock Street, noted the passing of Pat Costello. Pat Costello was one of the initial Liberty Ride guides. She expressed appreciation for Pat Costello and her contributions to the Town. Mr. Lucente stated that the Board echoes these comments. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Lucente paused to honor the memory of former President Jimmy Carter, who passed away on December 29, 2024, at the age of 100. There was a moment of silence in honor. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha noted that the Town’s Director of Equity & Inclusion, Hemali Shah, will be leaving soon to take a position as the Director of the Council on Aging in Billerica. He thanked Ms. Shah for all of her work with the Town. Mr. Bartha explained that two of the Town’s proposed Home Rule petitions were approved by the legislation. One was a commercial development surcharge for community housing. The second was a digital legal notices bill. Mr. Bartha stated that the Town has engaged a consultant to review the service impact from residential development for some recent projects as well as some previously approved and built. There will be a kickoff meeting with the senior management team and the consultant team. This will likely be approximately an eight-week engagement project. DOCUMENTS: 12-20-2025 Weekly Update; 1-3-25 CONSENT AGENDA 1. 2025 Class III License Renewal To approve the 2025 Annual Class III License Renewals for the following businesses: CLASS III John P. Carroll Company Inc. - 700 Waltham Street 2. 2025 Common Victualler License Renewals To approve the 2025 Annual Common Victualler License Renewals for the following businesses: COMMON VICTUALLER Coco Fresh Tea and Juice - 1764 Massachusetts Avenue Lexington House of Pizza - 399 Lowell Street Spirit of India - 321 Marrett Road Tatte Bakery & Cake - 1777 Massachusetts Avenue The Hangar (Chef Louie's) - 103 Hartwell Ave 3. Approve: Water and Sewer Commitments and Adjustments Move to approve the Consent. DOCUMENTS: Water Sewer Items for 1-6-25 4. Approve: One-Day Liquor License – Spectacle Management, Inc., 1605 Massachusetts Avenue Concert Series at Cary Memorial Building: o January 25, 2025 - Esperanza Spalding o February 20, 2025 -John Lodge o March 27, 2025 - Chazz Palminteri o April 13, 2025 - Black Violin o May 10, 2025 - Ari Shapiro 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. 5. Approve: Battle Green Use Request(s) – Lexington Minute Men - 18th Century Military Drill(s) Saturday, January 11, 2025, from 9:00am -11:00am Saturday, March 1, 2025, from 11:am - 4:00pm To approve the request of the Lexington Minute Men to use the Battle Green for two separate dates for the purpose of 18th-century military drills and musket blank-firing demonstrations in preparation for the 250th Anniversary of the Battle of Lexington. 6. Approve: Select Board Meeting Minutes To approve and release the following minutes: November 18, 2024, Select Board December 4, 2024, FY2026 Department Budget Presentations December 5, 2024, FY2026 Department Budget Presentations December 9, 2024, Select Board December 10, 2024, FY2026 Department Budget Presentations DOCUMENTS: DRAFT 11182024 Select Board minutes, DRAFT 12042024 Department Budget Presentation Minutes, DRAFT 12052024 Department Budget Presentation minutes, DRAFT 12092024 Select Board minutes, DRAFT 12092024 Select Board minutes 7. Approve: Select Board Committee Appointment Town Celebrations Subcommittee - Brianna Bennett-Karshbaum Design Advisory Committee - Danit Netzer To appoint Brianna Bennett-Karshbaum to the Town Celebrations Subcommittee to the unexpired term ending June 30, 2025, to be effective immediately. To appoint Danit Netzer to the Design Advisory Committee to fill an unexpired term ending on September 30, 2025, to be effective immediately. DOCUMENTS: Brianna Bennett-KarshbaumApplication - Redacted 8. Approve: 2025 Ad-Hoc Crematory Study Committee Charge Move to approve the charge, as proposed, to establish a new Ad-Hoc Crematory Study Committee. DOCUMENTS: Updated Draft Committee Charge (Crematory) 9. Approve Expenditure of Funds for Gift of Cash Received by Fire Department To approve the use of the gift funds donated anonymously to the Fire Department for the purpose of screening for early detection of cancer as proposed. DOCUMENTS: MGL Chapter 44 Section_53A (1) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Call for Special Town Meeting 2025–1 and Vote and Sign Special Town Meeting 2025-1 Warrant Mr. Lucente explained that the Select Board received a citizen petition requesting a Special Town Meeting (STM) to address a zoning article, as provided for under Massachusetts General Law Chapter 39, Section 10, and Chapter 40A, Section 5. This citizen's petition was formally received by the Select Board on Monday, December 23, 2024, and in accordance with State law, the Select Board is required to take the following actions: Special Town Meeting Deadline: Per MGL Chapter 39, Section 10, the Special Town Meeting must be held no later than 45 days from the receipt of the petition. This establishes a deadline for the STM 2025-1 to begin by Friday, February 7, 2025. Submission to Planning Board: Under MGL Chapter 40A, Section 5, the proposed zoning article must be submitted to the Planning Board for review within 14 days of its receipt. Accordingly, we have submitted the article to the Planning Board on 12/26/2024 in compliance with this statutory requirement. Mina Makarios, Town Counsel, explained that the earliest that Town Meeting can vote is the earlier of either a Planning Board report or 21 days after the hearing deadline ended. Mr. Bartha stated that the Planning Board is considering their February 12th meeting to begin the public hearing process for all of the zoning articles for both Annual and Special Town Meeting. The second hearing would likely be February 26th, and the Planning Board would then vote its recommendations on March 12th, with distribution to Town Meeting Members by March 14th. Mr. Sandeen asked what happens if the Attorney General’s Office reviews and approves this item and the Executive Office of Housing and Livable Communities (EOLHC) determines it is noncompliant. Attorney Makarios stated that, if noncompliant, the statute, at a minimum, would disqualify the Town from certain State funding. The idea is to pass something that keeps the Town in compliance. Mr. Sandeen asked what steps property owners should take if they want to protect their rights under the current MBTA zoning law. Attorney Makarios stated that there is a provision in Chapter 48 to freeze zoning under different circumstances. This would have to go before the Planning Board. John Bartenstein, 46 Sanderson Road and member of the Appropriation Committee, explained that there is not a request in the draft motion for a moratorium. There are two requests. The first is a request to make amendments to the existing bylaw, Section 7.5, which would pare down the capacity to something closer to what the EOHLC has indicated is required for the Town. The second part is a resolution that would call on the Select Board to create a process to examine the impact of Section 7.5 and other zoning bylaws on the Town, and the implications for the Town, and how best to deal with them. Patrick Mehr, 31 Woodcliffe Road, asked to review the charge given to the consultant who has already been hired. He asked if the Board understands what the longest period of time could be until both the AG and EOHLC rulings would become effective. Attorney Makarios stated that the Attorney General's Office has 90 days and can request limited extensions. The EOHLC is not subject to that same requirement. The town can consult with the EOHLC ahead of time to try to get questions answered. The beginning date is at the notice of the public hearing by the Planning Board, which has not yet been set. Zoning bylaw changes then take effect when voted by Town Meeting. VOTE: Upon a motion duly made and seconded, by roll call the Select Board voted 5-0 to call for a Special Town Meeting to begin on Monday, February 3, 2025, at 7:30 p.m. in Battin Hall of the Cary Memorial Building, to accept the Moderator Request Letter dated, December 30, 2024, and include in the warrant and Move to accept the warrant as presented for Special Town Meeting 2025-1 and authorize staff to make non substantive edits as necessary or recommended by Town Counsel or Bond Counsel. DOCUMENTS: 2025-1 Special Town Meeting Moderator Letter, 2025-1 Special Town Meeting Warrant 2. Review Draft List of Warrant Articles 2025 Annual Town Meeting Kelly Axtell, Deputy Town Manager, reviewed the draft list of articles proposed for 2025 Annual Town Meeting. Ms. Kowalski explained that the 116 Vine Street proposed Warrant Article allows the Select Board to seek affordable housing development proposals from affordable housing developers for the Vine Street property. In 2009, Town Meeting approved the acquisition of Vine Street for conservation and for Community Housing. Several design development studies explored densities and façade designs at Vine Street.LexHAB is interested in pursuing development on this site but cannot at this time as the Board has not yet authorized to seek an affordable housing developer for the site. This is what the proposed Warrant Article would allow for. Ms. Axtell reviewed the proposed citizen’s petitions. DOCUMENTS: 2025 Draft Article list updated 1.6.25 3. Review ACROSS Lexington Line-of-March Signs Request Mr. Lucente explained that the Lexington Greenways Corridor Committee/ACROSS Lexington is seeking Select Board support for a project to mark the historic Line-of-March taken by the British soldiers on April 19, 1775, through Lexington with signs along the route. The 86 proposed signs will be on metal backings and attached either with screws to telephone pole locations or with metal bands to metal poles. The signs measure 3.5” wide x 4.5” tall. The installation is intended to be permanent. Installation of these signs will be along Massachusetts Avenue from the Arlington line to the Battle Road Trail in the Minuteman Historical Park at Wood Street. The Board also reviewed the standard ACROSS Lexington form of sign that will be the basis of the sign for the 1775 Line-of-March. The design for the final signs is being worked out and plans to feature the Lexington 250 logo along with the text: “British Line of March, April 19, 1775.” Ms. Barry stated that AROSS Lexington presented this idea to the Semiquincentennial Commission and the Commission was unanimously in support of this project. Dawn McKenna stated that there is no reason for the Board to not unanimously support this proposal. She originally had a concern regarding some of the original locations for the signs but was able to walk the route with the proponent and discovered alternate acceptable poles which have been included in this proposal. VOTE: Upon a motion duly made and seconded, by roll call the Select Board voted 5-0 to approve the Lexington Greenways Corridor Committee/ACROSS Lexington proposed project to mark the historic line of march taken by the British soldiers on April 19, 1775, through Lexington with signs along the route. DOCUMENTS: Line of March Signs proposed locations, Basic concept of Signage EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Lexington Fire Station Options and To Not Reconvene in Open Session VOTE: Upon motion duly made and by roll call, the Select Board voted 5-0 to enter into Executive Session at 8:10pm. Under Exemption 6: To Consider the Purchase, Lease, Value of Real Property - East Lexington Fire Station Options and Exemption 2 –Preparation for Negotiations with Nonunion Personnel Interim Town Manager.Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 from the Executive Session to adjourn both the Executive Session and Regular Meetings at 8:10p.m. A true record; Attest: Kristan Patenaude Recording Secretary