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HomeMy WebLinkAbout2025-03-10 SB-min SELECT BOARD MEETING Monday, March 10, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, March 10, 2025, via a hybrid meeting platform. Mr. Lucente, Chair; Mr. Pato, Mr. Sandeen, Ms. Kumar, and Ms. Hai, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS None at this time. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Lucente welcomed Vineeta Kumar to the Select Board. He noted that the deadline for the gas leaf blower ban is coming up for landscapers to comply with this week. Some have asked about a waiver from this requirement and there has been discussion regarding Staff about this process. Mr. Pato stated that the MSBA has formally accepted Lexington into the next phase of their process, the schematic design phase, for replacing the existing school and completing a renovation and addition to the existing field house. The Town will now be proceeding to a full schematic design and a budget allocation by the MSBA later this summer. Ms. Hai noted that the Town has heard from its sister city delegation in Antony, France. There will be 30 people joining the Town from Antony for the 250th Celebration. Anyone interested in the hospitality, transportation, etc., for these visitors can contact the Town. Ms. Kumar thanked everyone for their warm welcome to the Board. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that there was a Women Leading Government event held in Wrentham last week, with more than 200 people in attendance. He noted that Ms. Axtell co-chairs the committee through the MMA and congratulated her for her role in the event. CONSENT AGENDA 1. Approve: Battle Green Use Request - Lexington Semiquincentennial Commission - Filming of CBS Segment  Thursday, March 13, 2025, from 3:00 - 8:00pm To approve the request from the Lexington Semiquincentennial Commission (Lex250) to use the Battle Green on Thursday, March 13, 2025, from 3:00pm to 8:00pm for the purpose of filming a segment for CBS Sunday Morning on the 250th Anniversary of the Battle of Lexington, as outlined in their permit request. 2. Amend: Battle Green Use Request - William Diamond Junior Fife and Drum Corps - Lexington Muster Parade  Amend Lexington Muster Parade Battle Green Request - Saturday, May 3, 2025 To amend the William Diamond Junior Fife and Drum Corps Battle Green Permit to include the Lexington Minute Men’s volley at the start of the Lexington Muster Parade on May 3, 2025, in accordance with historical tradition and safety protocols. 3. Approve: Parade and Massachusetts Avenue Road Closure Request – Lexington Little League  Annual Little League Parade - Saturday, May 3, 2025 To approve the Lexington Little League request for the Annual Little League Parade and the road closures request for Massachusetts Avenue from Muzzey Field to Muzzey Street and then Muzzey Street to Lexington High School be closed to all but resident emergency traffic from 8:30am on Saturday, May 3, 2025 to no later than 11:00am for the Annual Little League Parade as outlined in their letter dated February 6, 2025, subject to working out the details with Town Departments. DOCUMENTS: LLL Parade Request 2025_Redacted VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Vote on Means of Publication Mr. Lucente explained that, with the passage of House Bill 4560 (Print-Free Digital Legal Notices in Lexington) in January 2025, Staff began reviewing various new options available the Town as a result of the law and is looking for the Board as to vote on proposed recommendations for implementation. Jonas Miller, Director of Communications, explained that the proposal is to utilize the existing method of posting, such that a board/committee/entity provides the Town Clerk's Office with a public hearing notice to be posted through the Town’s website platform. In addition to that process, the notice will be flagged as a public hearing notice on the back end of the website, allowing it to appear directly on the home page. For a second means of publication, LexMedia and the Lex Observer are willing to share notices on their websites. Mr. Lucente suggested that the Town website be used as the primary location for legal notices, with secondary locations being the Lexington Minuteman print publication, LexMedia, and the Lexington Observer, with an effective date of March 31, 2025. Dawn McKenna, 9 Hancock Street, noted that the Town website calendars can be very confusing for the public. She asked if this could be made clearer. Mr. Miller stated that this is good feedback which will be taken into account. Pamela Lyons, 51 Grant Street, suggested that the website mention upcoming public projects in order for people to more easily follow the process. Charles Hornig, 18 Bacon Street, asked if it is possible for the Town to go print-free for notices. Mr. Lucente stated that there is an option to use one publication with a primary means of notification through the Town website. Other alternatives are also proposed to be provided. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to set the Town of Lexington website, https://www.lexingtonma.gov, as the primary means for publication of legal notices, with secondary options including the Lexington Minuteman newspaper, LexMedia and Lexington Observer, https://lexobserver.org, as other legal notice publications, with an effective date of March 31, 2025, and with a legal notice going out from the Town to the existing print publication for an advanced warning to individuals regarding the change. DOCUMENTS: Means of Publications proposal, Session Law -Acts of 2024Chapter 352 2. Proclamation Request - Tuskegee Airmen Commemoration Day Mr. Lucente explained that the fourth Thursday of March each year has been recognized by many as Tuskegee Airmen Commemoration Day and observed as a day to honor the Tuskegee Airmen who risked their safety to fly dangerous missions during World War II. Sean Osborne, a US Air Force veteran and member of the New England Chapter of Tuskegee Airmen, Inc., is respectfully requesting the Select Board to approve and sign a proclamation for the fourth Thursday of March each year to be recognized as Tuskegee Airmen Commemoration Day VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the proclamation for the fourth Thursday of March each year to be recognized as Tuskegee Airmen Commemoration Day DOCUMENTS: 2025 Tuskegee Airmen Commemoration Day Proclamation 3. Proclamation Request - Scottish Rite Masonic Museum & Library Day Mr. Lucente explained that on Sunday, April 13, 2025, the Scottish Rite Masonic Museum & Library will th kick off its 50 anniversary celebration and rededication. This event will feature a rededication of the museum as well as the opportunity to see “Protest & Promise: The American Revolution in Lexington” and “Looking Back, Moving Forward: 50 Years of Collecting.” This event launches a year of celebratory anniversary programming, including gallery talks, engaging lectures, and new exhibitions. Scottish Rite respectfully requests Select Board approval of the Scottish Rite Masonic Museum & Library Day Proclamation for this celebration. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the proclamation of Sunday, April 13, 2025, as Scottish Rite Masonic Museum & Library Day DOCUMENTS: 2025 Scottish Rite Masonic Museum & Library Day Proclamation 4. Presentation - 2025 ATM Warrant Article 23 - Dispose 116 Vine Street Carol Kowalski, Assistant Town Manager for Land Use, Housing and Development, explained that the Town purchased 30,000 s.f. of land on Vine Street in 2009 for Community Housing. In 2022, Special Town Meeting authorized the Town to petition the State legislature to allow LexHAB to become an independent non-profit housing development corporation, instead of an agency of the Town. That legislation took effect in September 2024. In order for the Town to have housing developed on the Town- owned land, the Town has to procure a development partner. Town Meeting authorization is required prior to the Town starting a procurement process to procure a developer. This commitment would be made by issuing a request for proposal (RFP). LexHAB would compete with other interested affordable housing developers for this public procurement opportunity. Without Town Meeting’s authorization, the objective of Town Meeting’s 2009 purchase will be further delayed No housing can be developed without Town Meeting authorization. Mr. Lucente stated that he would like to know the Affordable Housing Trust’s feedback, role, and capacity in this process. The proposal seems to be a shift in the previous strategy. He would like to see a draft RFP for this item. Ms. Kowalski stated that the Affordable Housing Trust does not currently have a role in this property. Mr. Lucente noted that LexHAB could bid on and be awarded the RFP, with funding to come from the Affordable Housing Trust. Harry Hemond, 104 Vine Street, expressed concern that disposal of this property may be a premature activity. There needs to be clear, transparent discussion between all of the stakeholders. Once the property is disposed of, the Town will lose a level of control prematurely. Petar Litchev, 121 Vine Street, expressed concern with the safety of this property for the proposed use. Becky Chambers, 92 Vine Street, stated that the existing street is very dangerous. One or two units of housing could be acceptable on this site. Pamela Lyons, 51 Grant Street, noted that the Article mentions that, if an RFP goes out, it will include the recommendation of the 2011 report and the 2021 EPA report. Both of those reports recommended a maximum of six units. A sidewalk is not possible on this road, and it needs to be clear that this will not be forthcoming. Elaine Tung, chair of the Affordable Housing Trust, stated that the number of projected proposals that might come in front of the Affordable Housing Trust, far exceeds what it anticipates in CPA funds. CPA funds are extremely limited and are controlled by the Community Preservation Committee. The Trust continues to consider funding buy downs of MBTA multifamily market rate units to affordable units and other projects. It will consider any proposal that comes before it but has limited funding available. Jay Luker, Precinct 1 Town Meeting Member and member of the Transportation Advisory Committee, acknowledged concerns of the neighbors regarding the existing street safety but noted that six units of housing for this site would likely not generate a significant number of trips per day to significantly add to traffic. The safety of the road should be able to be addressed along with building affordable housing. Betsy Weiss, Town Meeting Member and chair of the CPC in 2009, stated that she was one of the proponents for setting aside 30,000 s.f. out of 14.2 acres, which was conservation land. She advocated for eight units of housing on this site, but the committee, at that time, only supported six. This is a narrow street, but affordable housing is needed in Town. It has been 16 years since this process began; it is time for it to move forward. Sarah Morrison, Executive Director of LexHAB, expressed LexHAB’s commitment to apply to the RFP and to utilize the plans that were developed. There is an incredibly serious housing crisis, and it is important to honor the commitment for this property to develop 100% affordable housing. Wendy Manz, Precinct 4 Town Meeting Member and member of the Lexington Housing Partnership, stated that she was also on the Task Force in 2009. Six units was recommended in order to best be accommodated by the neighborhood. The safety of the street is a genuine concern; however, a large house was recently built along the street. It is time to move forward with the modest number of housing units proposed. Tom Shiple, 18 Phinney Road, stated that the width of the right of way on Vine Street is actually 40’, which is the same as the street that he lives on, which is quite a safe street. There seems to be enough right of way for the Town to consider making some improvements. Kunal Botla, chair of the Transportation Advisory Committee, stated that this is a prime property in Town for affordable housing. The property is close to Woburn Street, which has a sidewalk and infrastructure to be able to access the Town center and its resources. This is a great opportunity to develop affordable housing close to Town center. Mr. Lucente stated that he would be more comfortable moving forward with the original proposed for six units. He would like to know more about mitigating for site coverage and the number of units in the process. DOCUMENTS: Vine St slides, Art 23 vine st motion, Art 23 memo 5. Discussion - 2025 ATM Warrant Article 10H - Harrington Athletic Fields and Article 16E - Central Administration Building Demolition Carolyn Kosnoff, Assistant Town Manager for Finance, explained that two FY2026 Capital budget requests have dependencies that will need to be met to before moving forward, Article 16E - Central Administration Demolition and Article 10H - Harrington Athletic Fields. As identified and discussed in the Town's capital planning process, the current Central Administration Office for the School Department located in the Old Harrington School building at 146 Maple Street is rated an "F". The Town's plan has been to move Central Admin to a temporary space at 173 Bedford Street, demolish the Old Harrington building, and repurpose the site at 146 Maple St. with new athletic fields managed by the Recreation Department. New permanent space for Central Administration is being incorporated into the "Bloom" design for the new Lexington High School. A request for funding the new Lexington High School is expected at a Special Town Meeting in Fall 2025, and funding will be contingent on a successful Proposition 2 1/2 debt exclusion referendum in late 2025. Staff would like guidance from the Board on whether or not to make the Town Meeting motion for $3.5M to fund demolition of the Central Admin/Old Harrington building contingent upon successful funding and debt exclusion votes later this calendar year. In considering this contingency there are some key points to note:  The previously approved $6M renovation of temporary space at 173 Bedford St. is underway, and the Central Admin staff and operations are expected to move to 173 Bedford St in the Fall of 2025, regardless of the LHS outcome described above.  Funding for demolition of Old Harrington is time sensitive and is part of a greater plan to create new athletic fields. New fields at 146 Maple St. will address a longtime shortage of field hours and is expected to relieve some lost field space at the Center field complex as LHS is being reconstructed.  The Town expects to receive favorable pricing if the demolition work is completed in the winter/outside construction season.  The funding source for demolition is General Fund unreserved fund balance (Free Cash) which must be appropriated before June 30. If this date passes, Free Cash will not be available for appropriation until after the FY2025 certification by DOR, i.e. the next Annual Town Meeting.  If the Town wanted to re-inhabit the Old Harrington building, it will need significant capital investment first, including roof, windows, mechanicals systems, etc. which is estimated to cost $20M+.  If demolition is not approved either directly or by failed contingency, Town staff expect the building would be mothballed until new plans for programming and funding are developed. The second item, Article 10H for Harrington Athletic Fields is practically contingent, not just by policy. This funding request of $1.197M is for continued design, engineering and construction documents, as well as preliminary site work for a new field complex at 146 Maple St. While some of the funding under this request will be used to advance design, the Town could not move forward with site work or field construction if the Old Harrington building were not demolished. This appropriation of $1.197M from CPA funds is known to be a partial funding request, and a construction contract could not be awarded until the remainder of the funding to construct fields is secured (expected for the 2026 Annual Town Meeting). Melissa Battite, Director of Recreation and Community Programs, explained that there has been a field shortage in Town well beyond the High School project. Bringing on additional fields has been a goal of the Town for a long time. Keeping Center fields 1, 2 and 7 online is allowing some existing programs to be moved to Town facilities and allowing amenities at Center to be moved to other parks in order to maintain level service for community programs. Mr. Lucente stated that there seems to be a majority of the Board that does not want to make the demolition portion contingent on a vote, while leaving the construction of the fields portion as contingent. Ms. Kosnoff noted that a motion for the proposed $1.197M could be crafted to allow for the completion of public outreach and design, creation of construction documents, any engineering work required, and potentially preliminary site work. Mr. Lucente stated that he would like to see the draft motion. Olga Guttag, 273 Emerson Road, stated that even if the Article passes, the current zoning will allow population growth for 4,000-5,000 units. That many new residents could lead to be a need for more school spaces, and the Town is extremely short of building lots for new schools. Though the Old Harrington building cannot be used as a regular school, it could be a lesser expensive space for the Town to bring to code and use for some educational space and office space. She urged the Board to hold onto the building, not destroy it and consider what it would cost to bring it up to code. If it is renovated and the Town does not have an immediate need for it, it could be rented. Lisa Rhodes, 482 Marrett Road, reminded the Board of their responsibility to all of the residents of Town. She noted that Harrington was previously promised as fields to Recreation. Recreation is still at a dearth for fields and looking for available places for all residents to be able to participate. Dawn McKenna, 9 Hancock Street, urged the Board not to appropriate any funding at this time, as the fields do not currently seem to be needed. The proposed process is not one that the Town currently undertakes. It needs to be clear what will be funded with the money. The Board took a five minute recess until 8:52pm. 6. Discussion - Select Board Report to 2025 Annual Town Meeting The Board reviewed the draft Select Board Report for 2025 Annual Town Meeting and determined which topics would be broached. The Board discussed topics such as the High School project, the Town th Manager transition, the 250 celebration, affordable housing, and an economic update. DOCUMENTS: List of topics in the 2024 Select Board Report to Town Meeting, Copy of Select Board Report to 2024 Annual Town Meeting, Copy of Select Board Report in the FY 2024 Town Report 7. Presentation - 2025 ATM Warrant Zoning Articles  Article 29 Amend Zoning Bylaw – Bicycle Parking Facilities  Article 30 Amend Zoning Bylaw - Inclusionary Housing for Special Residential Developments  Article 31 Amend Zoning Bylaw - National Flood Insurance (NFI) District  Article 32 Amend Zoning Bylaw and Zoning Map - Technical Corrections  Article 33 Amend Zoning Bylaw- Section 3.2.1 - Clarify Language  Article 34 Amend Zoning Bylaw - Section 7.5 - MBTA Zoning Abby McCabe, Planning Director, explained that Article 29 is to refer the proposed update to the Town’s bike parking requirements back to the Planning Board for further work. Article 30 is to amend the Inclusionary Housing section for Special Residential Developments. The proposed improvements deal with how to calculate the required affordable units/inclusionary dwelling units. The purpose of this Article is to base the required inclusionary gross floor area (GFA) on actual market rate units. Mr. Sandeen stated that he agrees with the intent of the Article 30, but would like to see a change to the language of the article by crossing out the words other than inclusionary dwelling units, to make it be based on 15% of the gross floor area. This would make the intent clear that the intent is 15% of the gross floor area of a project be inclusionary Ms. McCabe explained that Article 31 amends Section 7.1 of the zoning bylaw, which deals with the National Flood Insurance District. FEMA updated their maps which will go into effect on July 8th. Communities that wish to remain in the Flood Insurance Program need to update all of their documents. Ms. McCabe explained that Article 32 is an annual housekeeping Article to deal with necessary technical corrections. Article 33 deals with clarifications in the Accessory Use section of the zoning bylaw. She noted that Town Counsel has reviewed all of the proposed Articles and is comfortable with them. Mr. Lucente asked that Article 34 be discussed in conjunction with Special Town Meeting Warrant Article 2. DOCUMENTS: Art 29 bicycle motion (Refer PB), Art 30 inclusionary housing presentation, Art 33 accessory presentation, PB zoning article overview (Art 29-33), PB Zoning Amendment language- motions draft Art 29-33 8. Presentation - Special Town Meeting 2025-1 Warrant Article 2 - Amend Zoning Bylaw - Section 7.5 - MBTA Zoning Dawn McKenna and Carol Sacerdote presented the proposed Article 2 and recent amendments made to the language. Ms. McCabe noted that any change to the zoning will require a rerun of the economic feasibility study to ensure the 15%. Mr. Lucente noted the importance of being able to clearly explain this proposal to the entire community. Any updates to make the language clear should be considered. It was noted that additional information on Article 34 will be discussed at a future time. DOCUMENTS: Working DRAFT STM Article 2 Zoning Motion as of 03-09-2025_Rev3, updated draft 3.10 445pm 12. Joint Statement on Zoning Proposals – The Board addressed this item at this time. The Board reviewed the draft joint statement from the proponents and Planning Board. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to sign onto the joint statement. DOCUMENTS: Joint Public Statement from the Lexington Planning Board and Proponents of Special Town Meeting 2025-1 Article 2 9. Discussion - 2025 Annual Town Meeting - Select Board Article Discussion and Positions  Proposed 2025 ATM Consent Agenda The Board reviewed its positions on the 2025 Annual Town Meeting Articles. Articles 3 and 4 – Ms. Kumar is a yes Article 7 – all Board members are yeses Article 10 – Ms. Kumar is a wait Article 12 – all Board members are yeses Article 13 – all Board members are yeses Article 14 – all Board members are yeses Article 20 being Indefinitely postponed – all Board members are yeses Article 21 being Indefinitely postponed – all Board members are yeses Article 22 – Ms. Kumar is a yes Article 23 – Ms. Kumar is a wait Article 24 – Ms. Kumar is a yes Article 25 – Ms. Kumar is a wait Article 26 – Ms. Kumar and Mr. Sandeen are yeses Article 27 – Ms. Kumar is a yes Article 28 – Ms. Kumar is a wait Article 29 – all Board members are yeses Article 30 – Ms. Kumar, Mr. Lucente, and Mr. Sandeen are waits; Mr. Pato and Ms. Hai are yeses Article 31 – all Board members are yeses Article 32 – all Board members are yeses Article 33 – all Board members are yeses Article 34 – all Board members are waits DOCUMENTS: Art 5 enterprise funds motion, Art 6 amend fy 25 budget motion, Art 7 sustainabiility motion, Art 9 revolving funds motion, Art 11 rec capital motion, Art 13 water motion, Art 14 wastewater motion, Art 17 opeb motion, Art 20 unpaid bills ip, Art 21 cap improvements ip, Art 25 Amend TM Bylaws. Motion, Proposed 2025 Consent Agenda Review -ATM, Select Board Working Document - Positions 2025 ATM 10. Discussion - Special Town Meeting 2025-1 - Select Board Article Discussion and Positions The Board reviewed its positions on the Special Town Meeting 2025-1. Article 2 – Mr. Pato, Ms. Kumar, and Mr. Lucente are yeses, Ms. Hai and Mr. Sandeen are waits 11. Review FY25 Goals and Discuss FY26 Goal Setting Process Mr. Bartha reviewed a draft set of goals for the Board. The Board agreed to continue discussion on this topic at future meetings. DOCUMENTS: Goals ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn at 10:25pm. A true record; Attest: Kristan Patenaude Recording Secretary