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HomeMy WebLinkAbout2025-09-29 SB-minSELECT BOARD MEETING Monday, September 29, 2025 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, September 29, 2025, via a remote meeting platform. Mr. Pato, Mr. Sandeen, and Ms. Kumar, were present, as well as Mr. Bartha, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Patrick Mehr, 31 Woodcliffe Road, expressed concerns regarding the proposal for the new high school, using the Bloom design. . He feels the Bloom design breaks up the open space of the center fields, and it will be difficult to get Article 97 approved. He requested that the Select Board not put a debt exclusion out to the voters for Bloom. Second, he asked to have a two phase solution designed at minimal cost to alleviate overcrowding. Third, he asked that the Board convince the MSBA to approve a higher design enrollment than 2,395 due to the thousands of new MBTA dwellings to be built in Lexington. Paul Cooke, 8 Parker Street, expressed concern the Town would proceed with the Bloom plan at great cost for 2,400 students, when in ten years, he feels there is a great likelihood that the school will have an enrollment approaching 3,000. He urged the Board to vote no on the upcoming debt exclusion matter. Jim Williams, 8 Stratham Road, stated that he feels the Select Board has an obligation to state explicitly whether the Town believes that the fields on which Lexington High School project design, Bloom, proposed to be built are or are not protected by Article 97 and to do so before asking Town Meeting and the public to vote on the project. Mr. Pato noted that assertions have been made during these statements which are not necessarily accurate. Olga Guttag, 273 Emerson Road, repeated her request for the Town to prepare and post as soon as possible scenarios for Lexington’s operating budgets for the next 3, 5, 10, and 15 years, modeling the budgetary impact of an increase in population. She asked that the Board reconsider its support of advancing with Bloom. Lexington badly needs a modern high school, but stated she feels the Bloom is not the right solution. Bob Beckwitt, 3 Eliot Road, stated he is confident that the Town will see a significant increase in student population. He urged the Select Board to table the decision to ask for a debt exclusion and instead ask the architects to redesign the school to absorb this population increase and at a lower cost per square foot. Taylor Singh, 40 Hancock Street, stated that the entire process to build the new Lexington High School has been extraordinarily transparent and inclusive. The project design Bloom has a three pronged plan for expansion and can house over 3,000 students. Alternatives to the current plan have all come in at a higher cost. Not following this plan will jeopardize over $110M in MSBA reimbursement. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Sandeen stated that he was invited by the Governor to attend the solar summit today. Also, Chief McLean will be speaking at a domestic violence awareness event on October 30th, at 6pm in the Lexington Community Center. It is Domestic Violence Awareness Month. Ms. Kumar noted that there will be a boot camp for board and committee members this Saturday at Battin Hall in the Cary Memorial Building. DOCUMENTS: Liaison Reports-Joe Pato-2025-08-18 TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha explained that the Board received a draft letter for consideration. The Minuteman Area Group on Interlocal Cooperation (MAGIC) seat on the Boston Metropolitan Planning Organization (MPO) is up for election this year. Lexington’s Assistant Planning Director, Megan Roche, is interested in that seat, with full support of Carol Kowalski and Abby McCabe. The deadline for application is October 6, 2025. DOCUMENTS: 2025 MPO Statement of Candidacy CONSENT AGENDA 1. Approve: One-Day Liquor License - Wilson Farm, 10 Pleasant Street 2nd Annual Beer Garden Event - Thursday, October 2, 2025 & Friday, October 3, 2025. Rain Date: Saturday, October 4, 2025. To approve a One-Day Liquor License for Wilson Farms to serve beer outside their farm greenhouse #7, 10 Pleasant Street on Thursday, October 2, 2025 & Friday, October 3, 2025 from 5:00 pm to 8:00 pm. Rain date requested for Saturday, October 4, 2025 from 5:00 pm to 8:00 pm. 2. Approve: One-Day Liquor License - Lexington History Museums, 1 Bedford Street Annual Buckman Tavern Halloween Murder Mystery Fundraiser - Sunday, October 19, 2025 To approve a One-Day Liquor License for Lexington History Museums to serve beer and wine at the Annual Buckman Tavern Halloween Murder Mystery Fundraiser on October 19, 2025, from 7:00 pm to 9:00 pm, at 1 Bedford Street, in accordance with all applicable regulations. 3. Approve: One-Day Liquor License(s) - Galaray House, 1720 Massachusetts Avenue 'First Friday' Monthly Art Shows - Friday, October 3, 2025, Friday, November 7, 2025 & Friday, December 5, 2025 Monroe Art Center Art Walk Reception - Thursday, October 9, 2025 Galaray House After Hours - Thursday, October 23, 2025 Gift Fest - Thursday, November 20, 2025 To approve 3 One-Day Liquor Licenses for the Galaray House, 1720 Massachusetts Avenue, to serve beer & wine for their 'First Fridays' events on October 3, 2025, November 7, 2025, and December 5, 2025 from 5:00pm to 8:00pm. To approve a One-Day Liquor License for the Galaray House, 1720 Massachusetts Avenue, to serve beer & wine for their Monroe Art Walk event on Thursday, October 9, 2025 from 5:00 pm to 8:00 pm. To approve a One-Day Liquor License for Galaray House, 1720 Massachusetts Avenue, to serve beer and wine at “Galaray House After Hours” on October 23, 2025, from 7:00 pm to 9:00 pm. To approve a One-Day Liquor License for the Galaray House, 1720 Massachusetts Avenue, to serve beer & wine for their annual 'Gift Fest' on Thursday, November 20, 2025 from 5:30pm to 8:30pm. 4. Approve: Battle Green Use Request - Toby Sackton Public Rally, No Kings Day - Saturday, October 18, 2025 To approve the Battle Green Use Request submitted by Toby Sackton for a Public Rally, “No Kings Day”, on October 18, 2025, from 10:00 AM to 1:00 PM, including the use of a small sound stage with speakers and microphone, with required police details as outlined. DOCUMENTS: No Kings Day - Request Letter 5. Approve: Select Board Committee Reappointments Battle Road Scenic Byway Committee - Richard L. Canale Board of Appeals Associates - Scott E. Cooper Housing Partnership Board - Sarah Morrison Lexington Center Committee - Upasna Singh Chhabra Lexington Council for the Arts - Thelma Goldberg Noise Advisory Committee: o Benjamin Lees o Elaine Rudell Tourism Committee: o Marsha E. Baker o Pamela H. Fowler o Ting Fang Town Report Committee - Varshagouri Ramanathan Transportation Advisory Committee - Sally Castleman Vision for Lexington - Marian A.O. Cohen To reappoint the board and committee members with term expirations as indicated on the attached list titled 2025 September Board Committee Reappointments to be effective on October 1, 2025. DOCUMENTS: 2025 September Board Committee Reappointments 6. Approve: Water and Sewer Adjustments To approve the consent. DOCUMENTS: Amened WS WSAB amount 7. Approve: Eagle Scout Commendation Letters - Brendan Lee & Atticus Oliver To approve and sign a letters of commendation congratulating Brendan Lee and Atticus Oliver of Boy Scout Troop 160 for attaining the highest rank of Eagle in scouting. DOCUMENTS: Eagle Letter - Brendan Lee – 160, Eagle Letter - Atticus Oliver- 160 8. Approve: Memorandum of Understanding (MOU) for LMEA, LMMA and Crossing Guards (SEIU 888) Unions To approve and authorize the Town Manager to sign the Memorandum of Understandings between the Town and the Lexington Municipal Management Association for the contract period of July 1, 2025 through June 30, 2028, the Lexington Municipal Employees Association for the contract period of July 1, 2025 through June 30, 2028 and the SEIU Local 888 Lexington Crossing Guards for the contract period of July 1, 2025. DOCUMENTS: LMEA MOU, LMMA MOU, Crossing Guards MOU 9. Approve: Regulatory Agreement 17 Hartwell Avenue (Forty Seven Affordable Units) To approve the Regulatory Agreement for the rental development at 17 Hartwell Avenue, between the Town of Lexington, the Executive Office of Housing and Livable Communities, and 17 Hartwell JV LLC as proposed and further to authorize the Town Manager to execute the agreement. DOCUMENTS: Cover Memo Regulatory Agreement 17, Regulatory Agreement_Lexington 17 Hartwell VOTE: Upon motion duly made and seconded, the Select Board voted 3-0 to approve the Consent Agenda, as presented. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Approve: Modifications to Schematic Design on the Lowell Street Affordable Housing Project Dave Traggorth, Causeway Development, presented the Modifications to Schematic Design on the Lowell Street Affordable Housing Project to the Select Board. Ms. Kowalski stated that the modifications seem to be an advantage for the development and for the entire community. Staff had no concerns and, in fact, felt it was an improvement from the standpoint of fire and conservation. Elaine Tung, Affordable Housing Trust, stated that the Affordable Housing Trust feels that the modified design meets the criteria to a greater extent than the original design as proposed. Ms. Kumar stated that the revised plan appears to address all the concerns raised by residents, and the Town’s departments. The development feels thoughtfully planned, retains the number of units in the original plan, and advances housing diversity. Mr. Pato stated that in the previous scheme there was a clearly identified pedestrian access heading toward North Street, but this is no longer called out in the revised scheme. Mr. Traggorth stated that there will still be a path up to the new crosswalk. Mr. Sandeen explained that stakeholder and neighbor feedback was received including requests for additional parking spots on site, maximizing preservation of trees on site, increasing buffer zones between the buildings, conducting additional review on stormwater compliance, and a request to reduce the total number of buildings. All of those items are reflected in the new design. The new design allows for a backyard for families and children, and fewer retaining walls to allow access to the woodlands. This is an incredibly beautiful design, but is also beautiful from a sustainability perspective. It will be a passive house design, with great thermal comfort and resilience, using solar energy system on the roof to provide all the HVAC electricity, eliminating heating and cooling bills for the residents. He supports the new design. Mark Lang, 2 Opi Circle, stated that this is a classic example of inside politics. The developer failed to produce a stormwater plan but has been able to get the Town to rally around what is supposedly a better design. The developer determined that they could build a permeable road, but would cost millions of dollars, so they changed the design to something that is very much compromised. The Town, which is so focused on the number of units versus the fit with the community, has voted for it. He stated that Mr. Sandeen is on the Affordable Housing Trust and the Select Board which Mr. Lang believes to be a conflict of interest. There has been no community outreach since April. This is a significant design change, not a modification. In regards to the RFP, the selected proposer is required to conduct a community engagement process as it develops and refines designs for the site. The developer has certainly refined the design of the site and has not received any community input. It is inappropriate for the Select Board to vote on this without receiving community input. The redesign proves what neighbors have been saying from the start, the project is too big for the site. The original plan could not support 40 units, so it was abandoned. Instead of reducing the units, they changed to a terrible design. The community building was originally one story on the corner of Lowell Street and North Street. Now it is proposed to be 3.5 stories, a towering building on one of the most dangerous intersections in Town.He asked that the Select Board not vote on this tonight, and put it before the community for input, as they promised they would do. Dawn McKenna, Precinct 6 Town Meeting Member, stated that she was fully in support of this project. In reviewing the two proposals, they are substantively different. The Select Board, especially with missing members, should not vote on this tonight. The Board promised that there would be good public input, and this should include meeting with the neighborhoods and notifying all of Town Meeting regarding the substantive change. Mr. Sandeen noted that the formal approval process for this project has not yet started. The first part of the approval process including reaching out to the public is when a comprehensive permit application is submitted to the Zoning Board of Appeals, and that is still to come. There will be additional opportunities for public comment during that process. Ms. Kowalski stated that every session of the Zoning Board of Appeals hearing on this application will likely include opportunities for comment. This will be a robust process. Mr. Traggorth noted that the process will also include a third party peer review. Ms. Kowalski stated that every session of the Zoning Board of Appeals hearing on this application will likely include opportunities for comment. This will be a robust process. Ms. Kowalski stated that the new design with the fewer retaining walls, contiguous play area, with the buffer zone, makes for what in her professional opinion is a better plan, not just for the residents, but for the wetlands resource area, and to make a more beautiful plan. Mr. Traggorth noted that the process will also include a third party peer review of the traffic study and stormwater plan and will share that information with the public. Mr. Pato suggested that formal approval of this item be moved to the Consent Agenda for the next meeting. Mr. Traggorth stated that it is a matter of competitiveness, to the degree possible, to get the process moving through the ZBA. This will make the application more competitive, as a funding round will be announced sometime this fall and it will be important that the project be in the public process with the ZBA. There was agreement on the Board to move forward with a vote this evening. VOTE: Upon motion duly made and seconded, the Select Board voted 3-0, as required under the land disposition agreement, to accept the modifications to the schematic design plans as presented tonight. DOCUMENTS: Lexington Parcel 68-44_AHT Presentation, Lexington Modification Letter, Memo to Select Board re. Causeway Development Design Modification 2. Acceptance of Land Donations (Parcels 22-147A, 22-63 and portion of 22-140) and Approval of Trail Easement (crossing Parcel 22-147) Mr. Pato explained that the Board is being asked to accept the gift of land by voting to approve the donation agreements and to approve a trail easement agreement. These are being proposed from Bill and Sheila Widnall and the Widnall Trust for parcels located off Summit and Follen Road. The Select Board extends its sincerest thanks to the Widnall family for this generous gift to the Town of Lexington and its residents. Charlie Wyman, Conservation Commission, explained that the Commission will be voting to accept the gift of land and the easement at their Tuesday, September 30th meeting. The Planning Board will vote the ANR for Lot 140 at an upcoming meeting as well. The closing is scheduled for October 15th. The overall transaction involves gifts in fee of Parcels 22-63 and 22-147A, a trail easement from Summit Road to Parcel 22-63 across Bill and Sheila Widnall’s house lot (22-147), and a gift in fee of a portion of Parcel 22-140, owned by the Widnall Family Trust Conservation, who worked with Town Counsel to obtain the necessary documents. VOTE: Upon motion duly made and seconded, the Select Board voted 3-0 to vote as follows with respect to the following parcels of land in Lexington, Middlesex County, Massachusetts: (i) Parcel 147A on the Town of Lexington Assessor’s Map 22, consisting of approximately 7,901 square feet and shown as Parcel 3 on that certain plan entitled “Plan of Land in Lexington, MA” dated September 9, 2022 and recorded with the Middlesex South District Registry of Deeds (the “Registry”) as Plan 803 of 2022 and described in that certain Deed to William S. Widnall and Sheila E. Widnall (hereinafter together, “Widnall”) recorded with the Registry in Book 81021, Page 338 (hereinafter, “Parcel 147A”); (ii) Parcel 63 on the Town of Lexington Assessor’s Map 22, consisting of approximately 61,184 square feet and described in that certain Deed to Widnall recorded with the Registry in Book 14344, Page 112 (hereinafter, “Parcel 63”); and (iii) A portion of Parcel 140 on the Town of Lexington Assessor’s Map 22, which portion is shown as “Parcel 26C, Not a Buildable Lot, Area = 8309 S.F.” on that certain plan entitled “Plan of Land, Parcel 22-140, Follen Road ~ Lexington, MA Prepared for Town of Lexington MA” by GCG Associates, Inc.” dated September 22, 2025 to be recorded with the Registry (hereinafter, “Parcel 26C”). Parcel 140 is owned by Ann Widnall Vawter, Trustee of the Widnall Family Trust u/d/t dated July 8, 1981 recorded with the Registry in Book 14344, Page 106, as amended of record (the “Trust”), by virtue of a Deed dated July 8, 1981 and recorded with said Deeds in Book 14344, Page 110. (a) To approve that certain Real Property Donation Agreement by and between Widnall and the Town of Lexington, acting by and through its Conservation Commission, for Parcel 147A and Parcel 63, and that certain Real Property Donation Agreement by and between the Trust and the Town of Lexington, acting by and through its Conservation Commission, for Parcel 26C, both substantially in the form presented to the Board at its September 29, 2025 meeting; (b) To approve the deeds to Parcel 147A, Parcel 63, and Parcel 26C to the Town of Lexington, acting by and through its Conservation Commission, substantially in the forms presented to the Board at its September 29, 2025 meeting, with final changes to be made by the Town Manager or the Chair of the Conservation Commission in their reasonable discretion in consultation with Town Counsel; (c) To approve that certain Easement Agreement to be granted by Widnall to the Town of Lexington, acting by and through its Conservation Commission, on a portion of Parcel 147 on the Town of Lexington Assessor’s Map 22, commonly known as 22 Summit A venue, substantially in the form presented to the Board at its September 29, 2025 meeting, with final changes to be made by the Town Manager or the Chair of the Conservation Commission in their reasonable discretion in consultation with Town Counsel; and (d) To authorize the Town Manager to take all actions on behalf of the Town that are reasonably necessary, in the judgment of the Town Manager, to complete the acquisition of Parcel 147A, Parcel 63, and Parcel 26C, and accept and enter into the Easement Agreement, all in accordance with the Real Property Donation Agreements, including without limitation, executing and delivering deed acceptances, easement acceptances, closing forms, affidavits, documents and settlement statements. DOCUMENTS: Widnall Presentation.pptx, Proposed Widnall Family Conservation Gifts, Select Board Vote, Proposed Deed for 147A and 63, Deed from Trust for Follen Road, Easement Agreement, Trust Donation Agreement- signed by Town, Widnall Donation Agreement- signed by Town, ANR for proposed parcel 26C (a portion of 140) 3. Lexington Human Rights Committee (LHRC) Recommendation for Reaffirming the 2018 'Safe and Welcoming Community Resolution' Policy Todd Burger and Judith Glixson, Lexington Human Rights Committee, presented the LHRC's request for the reaffirmation of the Town’s commitment to a safe and welcoming community. “The Moral Imperative demands that all people, regardless of immigration status, be afforded basic human rights and treated with dignity and respect. Numerous accounts have documented the lack of due process in immigration enforcement, inhumane detention conditions, and the devastating impact of family separation, particularly involving young children. These practices stand in direct opposition to our shared values of justice, equity and compassion. It is therefore incumbent upon us to reaffirm and uphold these values within our community and within our means, by ensuring that the rights and dignity of all who live, work and visit here are respected and protected.” VOTE: Upon motion duly made and seconded, the Select Board voted 3-0 to reaffirm the 2018 Resolution adopted under Article 34 to make Lexington a Welcoming, Inclusive, and Safe Community. DOCUMENTS: 2025 LHRC - Recommendation for Reaffirming the 2018 Safe Communities Act Resolution, LHRC Motion 4. Review: Special Town Meeting 2025-2 Draft Warrant and Special Election 2025 Draft Warrant Kelly Axtell, Deputy Town Manager, reviewed the Draft Special Town Meeting 2025-2 Warrant and the Draft Special Election 2025 Warrant with the Select Board. DOCUMENTS: DRAFT 2025-2 STM Warrant ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to adjourn the meeting at 8:06p.m. A true record; Attest: Kristan Patenaude Recording Secretary