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HomeMy WebLinkAbout2025-01-27 SB-minSELECT BOARD MEETING Monday, January 27, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, January 27, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Barry, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; Ms. Katzenback, Executive Clerk; and Mina Makarios, Town Counsel. Chair Lucente explained amendments to the order of the agenda items. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Lucente emphasized how critical it is that information remains accurate regarding the MBTA zoning impacts and the related Town Meeting Articles. Mr. Bartha explained that the Town has engaged with consultants for a study that seeks to better understand the taxpayer impact of the potential MBTA developments. Ms. Hai stated that she, Ms. Axtell, and Mr. Bartha recently attended the Mass Municipal Association Annual Conference. She acknowledged the celebration of Lunar New Year. She also acknowledged that today marks the 80th anniversary of the International Holocaust Remembrance Day. Mr. Pato noted that quite a few Town Meeting Members received an email at the end of last week with a purported projection of deficits in Town budget, purportedly from Ms. Kosnoff. He asked if this was actually from the Town. Mr. Bartha stated that the file referenced was prepared in November, as part of the School Building Committee’s all-day workshop with local leaders. It looked solely at the how the project itself might impact taxpayers. It did not make any sort of projection regarding what the budget may look like moving forward. Mr. Sandeen explained that the Board received a letter today from the Bicycle Advisory Committee raising concern about the third serious accident of a Lexington student riding a bicycle in Town. He asked that discussion of this issue be placed on a future agenda. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that the International City and County Manager Association announced on Friday the appointment of a new Executive Director to oversee the 13,000-member Association. Lexington’s own Julia Novak was selected unanimously for this role. DOCUMENTS: 1-10-25, 1-17-25 CONSENT AGENDA Mr. Lucente noted that he would recuse himself from Consent Agenda Item #3 and it was thus removed for separate consideration. 1. Approve: Common Victualler License Nick's Restaurant of Lexington Inc. - 197 Massachusetts Avenue To approve a Common Victualler License for Nick's Restaurant of Lexington Inc, 197 Massachusetts Avenue. 2. Approve: Battle Green Permits - Lexington Minute Men Rehearsal of Reenactment of the Civilian Evacuation - Saturday, March 29, 2025 Rehearsal of the Annual Battle of Lexington - Saturday, April 5, 2025 To approve the Lexington Minute Men requests for the use of the Battle Green on the following dates and times for their events in preparation of Patriots' Day 2025: Saturday, March 29, 2025, for a dress rehearsal of the Civilian Evacuation Event from 12:00pm to 6:00pm Saturday, April 5, 2025, for a dress rehearsal of the Battle of Lexington Reenactment from 10:00am to 5:00pm (Rain Date: Sunday, April 6, 2025, from 10:00am to 5:00pm) 3. Approve: Patriots Day 2025 Requests - Lions Club item removed for individual consideration. Lexington Historical Society/Lexington Minute Men: Reenactment of the Arrival of Paul Revere and William Dawes - April 18 - 19, 2025 Lexington Minute Men: Civilian Evacuation, Annual Reenactment & Parker's Revenge - Saturday, April 19, 2025 Town Celebrations Committee: Patriots Day Parade - Saturday April 19, 2025 To approve the Town Celebrations Committee, Lexington Historical Society, and Lexington Minute Men and road closure requests for their respective Patriots’ Day events, as follows: Historical Society/Lexington Minute Men - Approve the request for road closure Bedford Street from Massachusetts Avenue to Hancock Street and Hancock Street to Adams Street and abutting street entries be closed to all but emergency traffic from 8:00 p.m. on Friday, April 18th to no later than 12:00 a.m. on Saturday, April 19th.the reenactment of the arrival of Paul Revere and William Dawes. Lexington Minute Men: The Lexington Minute Men use of the Battle Green for their participation in Patriots' Day 2025 events on the following dates and times Saturday, April 19, 2025, for the annual reenactment of the Battle of Lexington from 1:00am to 1:00pm. 3:00am - 4:30am - 4-6 men patrol the Common and Buckman Tavern grounds. 5:15am - Belfry starts ringing alarm bell 5:25am - Parker assembles the Militia on the Common to alert of the threat of Regulars' advance and take a Roll Call 5:30am - Narration 5:40am - Civilian Evacuation 5:45am - Parker sends out Thaddeus Bowman; more narration to set the stage for the battle 6:00am - Thaddeus Bowman arrives to warn Parker 6:06am - Regulars arrive on the Common, form battalion, exchange between officers 6:15am - Regulars reform battalion and fire salute 6:20am - Regulars march off; narration - recap of battle and set stage for Parker's Revenge 6:30am - Parker's Revenge Scenario & Narration Town Celebrations Committee: for closure of Massachusetts Avenue from Marrett Road to Worthen Road, Bedford Street to Harrington Road and midway down Harrington Road to the Battle Green to all but emergency traffic for the Patriots’ Day morning parade on Saturday, April 19, 2025. Closure of Massachusetts Avenue from approximately #409 (Lexington Toyota) westerly to Bedford Street, Bedford Street to Harrington Road, Harrington Road to Worthen Road, and Worthen Road to the Town Pool parking lot for the afternoon parade. Use of the Battle Green on Saturday, April 19, 2025, from 12:00pm to 6:00pm for the purpose of holding Patriots' Day-related ceremonies following the morning parade. DOCUMENTS: Historical Society_LMM_ Letter Paul Revere Ride Road Closure, LMM Patriots Day Letter 2024, TCC Email 2025 Patriots Day Parade_Redacted, Lions Club Event Letter 4. Approve: Battle Green Permit - Historical Society: Annual Children's Reenactment Annual Children's Reenactment - Saturday, April 26, 2025 To approve the request of the Lexington Historical Society to use the Battle Green on Saturday, April 26, 2025, from 10:00am to 2:00pm for the purpose of their annual Children's Reenactment of the Battle of Lexington. DOCUMENTS: Childrens_Reenactment_Schedule 5. Approve: Battle Green Permits - William Diamond Junior Fife and Drum Corps Lexington Tattoo - Friday, May 2, 2025 Lexington Muster Parade - Saturday, May 3, 2025 To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Friday, May 2, 2025, from 6:00pm to 8:30pm for the annual Lexington Fife and Drum Tattoo as part of the Lexington Muster weekend, and to further approve the Parade Corps to march down Massachusetts Avenue towards the Battle Green for the annual Lexington Fife and Drum Tattoo starting at 7:00pm. To approve the request of the William Diamond Junior Fife and Drum Corps to use the Battle Green on Saturday, May 3, 2025, from approximately 11:00am to 12:30pm for the purpose of lining up for the Lexington Muster Parade, and to further approve Corps Members parading down Massachusetts Avenue towards Hasting Park for the Lexington Muster starting at 12:00pm. DOCUMENTS: 2025_Muster_Parade_Route_map 6. Approve: One-Day Liquor Licenses - Galaray House: First Friday(s), After Hours Wine Night 'First Friday' Monthly Art Shows - February 7, 2025, March 7, 2025, April 4, 2025, May 2, 2025, and June 6, 2025 After Hours Wine Night - February 27, 2025 To approve 6 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve wine from 5:00 pm to 8:00 pm on Friday, February 7, 2025, March 7, 2025, April 4, 2025, May 2, 2025, and June 6, 2025, at their 'First Fridays' Event showcasing art from local residents, and from 6:00 pm to 9:00 pm on Thursday, February 27, 2025, for their 'After Hours Wine Night' event. 7. Approve: One-Day Liquor License - Historical Society: Annual Tavern Night Tavern Night - Saturday, February 15, 2025, from 5:00 - 7:00 pm To approve a One-Day Liquor License for the Lexington Historical Society to serve beer and wine at Buckman Tavern, 1 Bedford Street, for the purpose of "Tavern Night" on Saturday, February 15, 2025, from 5:00pm to 7:00pm. 8. Review and Approve Response to Liquor License Compliance Check Bermans 55 Massachusetts Avenue Vinebrook Bottle Shop 131 Massachusetts Avenue To approve and authorize the Select Board Chair to sign the letters to be sent to Berman and Vinebrook Bottle Shop, informing them of the actions to be taken regarding the liquor license violations found during December 18, 2024, compliance checks conducted by the Lexington Police Department. DOCUMENTS: 1st Offense Letter - Bermans, 1st Offense Letter - Vinebrook Bottle Shop 9. Approve Select Board Committee Appointment - Fund for Lexington Lester Savage as the Trustees of Public Trusts Member To appoint Lester Savage as the Trustees of the Public Trusts Member on the Fund for Lexington Board 10. Approve New 5-Year Lexpress Contract with M&L Transit To approve the award of the Lexpress contract for a five-year term with two optional one-year extensions to M&L Transit and further to authorize the Town Manager/Comptroller to execute any associated contract documents. DOCUMENTS: Lexpress RFP, M&Lwritten proposal, M&Lfeeschedule, ContractforExecutionM&LTransit VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda, aside from Item #3 regarding the Lions Club. CONSENT AGENDA 3. Approve: Patriots Day 2025 Requests Lexington Lions Club: 111th Annual Patriots' Day 5-Mile Road Race - Saturday April 19, 2025 To approve the Lions Club of Lexington Battle Green Permit and road closure requests for their respective Patriots’ Day events, as follows: Lions Club of Lexington, Inc.: The Lions Club of Lexington, Inc. to hold the 111th Annual Patriots’ Day 5-Mile Road Race on Saturday, April 19, 2025 with an awards ceremony on the Battle Green at the conclusion of the road race from approximately 9:15am to 10:15am. Massachusetts Avenue from the Battle Green to Marrett Road to Lincoln Street and back to the Battle Green be closed to all but resident emergency traffic from 8:00am to approximately 10:15am for the road race. DOCUMENTS: Historical Society_LMM_ Letter Paul Revere Ride Road Closure, LMM Patriots Day Letter 2024, TCC Email 2025 Patriots Day Parade_Redacted, Lions Club Event Letter VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda item for the Lions Club. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Liquor License Package Store Transfer Application - Neillio's Wine and Spirits: 55 Bedford Street Mr. Lucente opened the hearing at 6:51pm. Mr. Lucente explained that the Select Board office has received all the necessary paperwork from 55 Bedford Street LLC., d/b/a Neillio’s Wine and Spirits requesting a transfer from 55 Pearl Investment d/b/a Whisky & Wine liquor license located 55 Bedford Street, and naming Kevin P. O’Neill to be the Manager on Record. Additionally, 55 Bedford Street LLC, d/b/a Neillio’s Wine and Spirits is requesting a pledge of the license and a pledge of inventory for their bank loan. For many years, the previous liquor licenses awarded at this address have been given the following allowable hours of operation and applicant would like to have the same hours of operation on its license if the Board is so inclined: Monday through Saturday: 8:00 a.m. to 11:00 p.m. Sunday: 10:00am to 9:00 p.m. Mr. Lucente closed the hearing at 6:52pm. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the transfer of liquor license at 55 Bedford Street, from 55 Pearl Investment d/b/a Whisky & Wine to 55 Bedford Street LLC., d/b/a Neillio’s Wine and Spirits (for the hours as requested: Monday through Saturday 8:00am to 11:00pm and Sunday 10:00 am to 9:00pm), to approve a pledge of license and pledge of inventory and to approve the manager on record to be Kevin P. O’Neill and further, once the transfer application has been approved by the ABCC, issue a license to 55 Bedford Street LLC., d/b/a Neillio’s Wine and Spirits. DOCUMENTS: Liquor License Transfer Application 3. FY2026 Town Manager's Preliminary Budget & Financial Planning Carolyn Kosnoff, Assistant Town Manager for Finance, provided a brief overview of the Town Manager's FY2026 Preliminary Budget & Financing Plan (White Book). A full presentation of the preliminary budget will be presented to Summit participants on Thursday, January 30, 2025 at 7pm. The Town Manager's FY2026 Preliminary Budget & Financing Plan is attached here and also available on the Town's website: https://lexingtonma.gov/2250/2026-Budget Ms. Kosnoff explained that, at the last summit in November, the budget was showing a deficit in both the School and Municipal Departments regarding what was requested to what was available in revenue. Since that time, the deficit for both the School and Municipal budgets has been closed.The original revenue allocation showed a 3.5% increase in revenue for FY26 available for operations. There is currently a 3.9% increase overall. This adds approximately $7.5M to the operating budget for FY26, which is split $5.5M to the School Department, and $1.9M to the Municipal Departments. DOCUMENTS: FY2026 White Book Presentation_1.27.25 FY2026 Preliminary Budget & Financing Plan (White Book) EXECUTIVE SESSION 1. Exemption 6: To Consider the Purchase, Lease, Exchange, Value of Real Property- Parcel 68-44 Located on Lowell Street VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 7:24pm that the Board go into Executive Session under Exemption 6: To Consider the Purchase, Lease, Exchange, Value of Real Property - Parcel 68-44 Located on Lowell Street. Further, Mr. Lucente declared that an open meeting discussion on this item may have a detrimental effect on the bargaining position of the Town. The Select Board exited Executive Session at 7:52pm and reconvened to open session. ITEMS FOR INDIVIDUAL CONSIDERATION 2. Approve Land Disposition Agreement for Parcel 68-44 Located on Lowell Street Chair of the Affordable Housing Trust, Elaine Tung, explained that, after months of negotiation, an agreement has been reached with the developer, Causeway Development LLC, for the disposition parcel 68-44 on Lowell Street. As in keeping with the RFP, this property will be 100% all affordable, with 40 units for tenants with an area median income (AMI) from 30%-80%, with an average of less than 60% AMI. Town Counsel Makarios explained that most of the negotiation centered around how to best capture the affordability requirement in perpetuity for a project that will be built on land that, at some point, is not owned by the Town. Mark Lang, 2 Opie Circle, stated that neighbors have been kept in the dark regarding this project as all discussion have been held in Executive Session. He expressed disappointment that the Board will be voting on this item this evening without the neighbors first reviewing it. This has been and will be an ongoing issue regarding a project that will have a large impact in a sensitive area. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve Land Disposition Agreement for Parcel 68-44 Located on Lowell Street and authorize the Town Manager to sign and execute the document. 4. FY2026 Fee Schedule for Recreation & Community Programs Melissa Battite, Director of Recreation & Community Programs, stated that there are no changes to the field permits and the Community Center fees this year.The remaining increases are all within the Recreation Division and/or the golf course. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the FY26 Recreation and Community Program fee schedule as presented. DOCUMENTS: Recreaton Annual Fee Schedule Request 5. Update on Bedford/Hartwell 25% Design Meghan McNamara, Assistant Planning Director; Ross Morrow, Assistant Town Engineering; and Trish Domigan and Laura Castelli, VHB, made a presentation to the Board regarding Bedford Street and Hartwell Ave road reconstruction design project. Also, the preferred alternative for each road, the funding sources, and implementation schedules were presented. Ms. Hai stated that the creation of medians and protected bike lanes is important to this project. She asked how much public feedback has included property owners along Hartwell Ave. Trish Domigan noted that there is a 100’ wide right of way along Hartwell Ave and the intention is to create items for the project within this area. Property owners will continue to be worked with on the details of the project. Mr. Pato asked if the raised medians will include some combination of rumble strip areas and non- traversable median areas. Ms. Domigan explained that noise concerns will need to be considered, along with areas for plantings or green spaces. The non-traversable islands will need to include more than simply rumble strips. Ms. Barry asked about the differences between a sidewalk and a sidepath. Ms. Domigan stated that a sidewalk is 5’ wide and a sidepath is 10’wide. A sidepath can accommodate bicycles and pedestrians and would be elevated. A sidewalk plow could plow a sidepath. Mr. Sandeen expressed support for this project. He stated that the separated and protected bike lanes and sidepaths will aid in pedestrian and bicyclist safety. Avram Baskin, 43 Carville Avenue, Town Meeting Member Precinct 2, and Monuments & Memorials Committee, stated that, as a cyclist, he appreciates protected lanes but asked the intention regarding a complicated affordance on Bedford Street to get cyclists onto Hartwell Avenue when the Minutemen Bikeway directly parallels Bedford Street. He asked why additional money is being made for these affordances, when the Minuteman Bikeway could be utilized. Ms. Domigan stated that one of the specific State standards which has to be met is the Healthy Transportation Policy, which means that mobility for all users of the public way has to be met. Mass DOT would typically like to see bike accommodations on both sides of the roadway, but as there is a constrained right of way on Bedford Street and the intention is to minimize the right of way takings along it, the suggestion is for a separated side path on the south side of Bedford Street. Jay Luker, Precinct 1 Town Meeting Member, expressed disappointment in the design for this project, as it appears to prioritize and focus on vehicle travel. This design is not compatible with the goals expressed in the Comprehensive Plan on Multimodal Mobility or the Vision Zero plan. He noted that he has never heard of a three-lane roundabout, and this indicates a high level of volume. There was agreement by the Board to put this on the agenda for the February 3, 2025 meeting. DOCUMENTS: Bedford-Hartwell 25% Memo, Bedford-Hartwell Complete Streets_Presentation The Board took a brief recess. 6. Approve and Sign 2025 Annual Town Meeting Warrant Kelly Axtell, Deputy Town Manager, stated that there are currently 34 articles for inclusion in the 2025 Annual Town Meeting Warrant. Dawn McKenna, 9 Hancock Street and Precinct 6 Town Meeting Member, asked about the budget amount listed in Article 9 and inclusion of a new full-time position. There will be increased revenues in this budget, available as July 1st, in order to be utilized. Ms. Kosnoff noted that the budget limit was set as recommended by the Department. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the 2025 Annual Town Meeting warrant as presented and authorize staff to make non- substantive edits as needed. DOCUMENTS: 2025 Final warrant. 1.27.25 445pm 7. Presentation - 2025 ATM Warrant Article - FY26 Community Preservation Committee (CPC) Operating Budget and Projects Marilyn Fenollosa, Chair of the Community Preservation Committee, presented on this Warrant Article - Appropriate The FY2026 Community Preservation Committee Operating Budget And CPA Projects a. Cotton Farm/Community Center Connector – $300,000 b. Simond’s Brook Conservation Area Trail Design & Engineering – $75,000 c. Document Conservation – $21,000 d. Hancock-Clarke House Roof Replacement – $57,800 e. Affordable Housing Trust Funding– $3,000,000 f. LexHAB Affordable Housing Support, Restoration, Preservation, and Decarbonization – $494,140 g. Park and Playground Improvements – Center Playground – $1,490,000 h. Park Improvements – Athletic Fields - Harrington – $3,197,904* i. Lincoln Park Field Improvements #3 – $1,950,000* j. Administrative Budget – $150,000 Ms. Hai asked about the Cetner playground and how the laydown area for the High School construction may impact this. Ms. Battite stated that she has been informed that the section of playground in question will not be touched. The playground will not live through the life of the construction, as it is already deteriorating. Community outreach regarding the construction for the park is starting now. This project will likely occur into the spring of 2026. Mr. Pato expressed concern regarding the playground improvements at Maple Street at the proposed funding level coming out of CPC. It may be hard to find money in the general fund to complete the project in the future after a particular direction has already been committed to. DOCUMENTS: Article 10 CPC projects, Article 10 CPC article text 8. Presentation - 2025 ATM Warrant Article - (Citizens Petition) Accurate Reporting on the Negative Aspects of Lithium-Ion Batteries Avram Baskin presented this Citizens Petition. He expressed that the Town should continue transitioning off fossil fuels. He stated that while lithium-ion batteries may be considered green, clean, and healthy, lithium-ion batteries do a disservice to marginalized and indigenous communities around the world that are negatively impacted by the mining and other activities that have to do with these batteries. Mr. Pato suggested reducing some of the depth of the language included in the Article in hopes of making it more understandable for voters. Mr. Baskin thanked Mr. Pato for his feedback and noted that he will consider scaling the language back. Mr. Sandeen stated that the presentation notes that the posters used at Town Meeting mentioned “quiet, clean, healthy” as describing lithium ion batteries, but this was never the intention. It was the case that Town Meeting discussed the difference between gas leaf blowers and electric leaf blowers, but not the batteries themselves. Mr. Baskin stated that, for all intents and purposes, he felt this was how people took the statement. DOCUMENTS: Art 28 Lithium-Ion batteries article text, Article 28 Lithium-Ion Batteries Presentation, Art 28 Lithium-ion batteries motion 1.23.25 9. Discussion - 2025 ATM Select Board Article Presenters, Discussion and Positions The Board agreed not to discuss each Article at this time. There was agreement to discuss article presenters assignments at a future meeting. DOCUMENTS: Select Board Working Document - Positions 2025ATM 10. Discussion - Special Town Meeting 2025-1 and STM Article 2 - Amend Section 7.5 of the Zoning Bylaw to Reduce Multi-Family Dwelling Unit Capacity Carol Sacerdote presented this citizen petition article. She explained that she is in favor of Lexington doing it’s share to tackle the issues of both housing supply and affordability, and the proposed motion is in harmony with these goals and complies with the MBTA Community Act. The motion also recommends a process for managing the growth that occurs with rapid development. While the MBTA Communities Act required the Town to create an additional housing capacity of 10%, the Town went way beyond that, not realizing that the new bylaw would bring in massive development in a short time. The Town has achieved a great success in creating capacity for housing that will alleviate the shortage in the Boston area, but the intention is to slow down the rapid growth to a level that can be absorbed in order to do planning for future growth. The revised motion pares down the allowable districts so that there will only be 77.7 acres available instead of 228 for this development. There will continue to be multi-family housing across the Town. Another important aspect of the motion is the explicit density limit of 15 dwelling units per acre in the MBTA zones, rather than an implicit limit that was embedded in bylaw 7.5. It is expected that the reduction in acreage and the explicit density limit together will slow down growth for the time being but not stop it.The second part of the motion is a resolution to ask the Select Board to create a broadly representative process engaging the whole community to evaluate and study the financial and other impacts of bylaw 7.5 on Town services, such as infrastructure, residents, and businesses, and hopefully bring the Town to a consensus and not to a point of division. Additionally, the planning board is asked to consider appropriate means to manage responsible growth in housing going forward, including, but not limited to, a reexamination of the appropriate number and size of overlay, district setbacks, height limits, density limits, and parking requirements. Mr. Pato stated that he supports this proposal in principle. He believes that an appropriate action is to adjust zoning so that the Town is compliant with State law but also allowing for greater control moving forward. The zoning was enacted not just because of the MBTA Zoning Act, but because of significant discussions with Town residents about the desire for a variety of housing options in the community. Ms. Hai asked about work being done to prove that the 15% affordable housing proposed is still feasible with the smaller zones and with the density cap. The proponent suggested that this could be looked at more in-depth when there is a pause as suggested. Mr. Sandeen stated that he would like to see more information regarding how many people have frozen their properties. He would also like to hear from the Planning Board on this item. DOCUMENTS: working motion 1.22.25 clean, working motion 1.22.25 redlined ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 10:18 p.m. A true record; Attest: Kristan Patenaude Recording Secretary