Loading...
HomeMy WebLinkAbout2017-03-27 BOS Packet - Released SELECTMEN'S MEETING Monday, March 27, 2017 Selectmen's Meeting Room 6:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698-4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Update-ATM 2017 Article 18 -Appropriate for Visitors Center(15 min.) 6:05 p.m. 2. Reconsider Common Victualler License for Dunkin Donuts -Hours of Operation(5 6:20 p.m. min.) 3. Article Positions & Presenters ATM 2017 (5 min.) 6:25 p.m. 4. Update-ATM 2017 Article 37 Trees (20 min.) 6:30 p.m. CONSENT AGENDA 1. Water& Sewer Commitments 2. Sign Eagle Scout Letters -Peter Ekrem and Thomas Barry 3. Approve Minutes & Executive Session Minutes - October 2016 EXECUTIVE SESSION 1. Exemption 6:Review Purchase and Sale Agreement for 20 Pelham Road Property 6:55 p.m. (10 min.) ADJOURN 1. Anticipated Adjournment 7:05 p.m. The next meeting of the Board of Selectmen is scheduled for Wednesday, March 29, 2017 at 8:00 a.m.. in the Estabrook Room, Cary Hall, 1605 Massachusetts Avenue. Hearing Assistance Device.s Available on Repast �� �� � All agenda time and the order of items are approximate and subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2017 Article 18 -Appropriate for Visitors Center (15 min.) PRESENTER: ITEM NUMBER: Dawn McKenna, Tourism Committee I.1 SUMMARY: The Tourism Committee will provide an update to the Board on 2017 ATM Article 18,Appropriation for the Visitor Center. SUGGESTED MOTION: Suggested Motions: 1. To support the request for$100k to supplement the existing funds for design through Schematics and Design Development, inclusive of the exhibit design services and site design services. 2. To recommend that the source of funding for $100k for Article 18 Design Services for the Visitors Center request be FOLLOW-UP: N/A DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 6:05 p.m. ATTACHMENTS: Description Type D Miis itor C'onrtor("'over Mom) ("'ov er monnu) D Update A MI 20117Artickl 118 Backup Matorinl Article 18—Visitors Center Project As recommended by Chairman Suzie Barry, following the position of the Selectmen that it was time to take the Visitors Center project off of hold, a meeting was held to discuss the status and what information was needed to advance the project. The following people were attended: Chairman Barry, Selectmen Peter Kelley,Tourism Committee Chairman Dawn McKenna,Tourism Committee member Jon Himmel, along with the following staff members: Carl Valente, Pat Goddard, and Melisa Tintocalis.The goal of the Tourism Committee is to have the building completed and occupied by April 1, 2020 to be ready for the expected influx of tourists to Massachusetts and particularly Lexington over the next ten years beginning with the Plymouth 4001"celebration. Backing up the timeline, the shovel would need to be in the ground by September 2018 to open the building for April 2020. Subsequently, Donald Mills, the architect, submitted an update on March 10, 2017 to his June 27, 2016 presentation to the Board of Selectmen for design costs through Schematics and Design Development. In consideration of staff input and the cost estimates, the Tourism Committee unanimously voted at their meeting of March 22, 2017,to advance to Town Meeting a request to supplement the existing Visitors Center Design Services funding with an additional $100,000, of which $20k is need to complete the Schematic phase.The Committee believes that this funding will allow for the Schematic Design completion including site work, exhibit design services,value engineering, and cost estimating and allow the project to proceed through Design Development, inclusive of these services. Once Schematic Design is completed, the project would be presented to the Selectmen for approval before proceeding to the Design Development phase. This approach would put the Town in a position to bring back the Visitors Center Project to the March 2018 annual Town Meeting for Construction Documents and Bidding, as well as Construction dollars. This request allows for the best opportunity to meet the target of shovel in the ground by September 2018, with a projected opening date of April 1, 2020. Members of the Tourism Committee will be at your meeting to ask for your support as well as your recommendation as to the most appropriate source of funding for the$100,000 request. Suggested Motions: 1. To recommend that the source of funding for$100k for Article 18 Design Services for the Visitors Center request be 2. To support the request for$100k to supplement the existing funds for design through Schematics and Design Development, inclusive of the exhibit design services and site design services. 4-1 4-1 0 co �ww w 0 w mimoioioioiowwoioioi pllU �uuumuwiiwumw i� o C' wwwwwuwwww wwowowimuwowor O wuwuoouoououw wmwm00 Ira _ V miww„ C C w u C �) CL wumuuuu qw w w q ...°„ � s 4--1 4--1 O O U m U i O Ul CL N E aA m U U =$ _0 (1) 'N un .N to O to t�A O s +, Q O v > O N E O O •0 4- v � •� Q S N O aJ O 'on •U O � to ,�, [6 aJ 4-J 00 �, 4— W U to •to II CU —� > cn cn v v > z CU u 00 00 00 w O 00 OOCU u rl N N r-I N N O O 0�0 O i [V N aJ O N W O N p -0 N -0 _a N •— •— w Q Q z 0 cn cn z Q � s O O O O O O O O N r-I N 000 O � M � r-) r-) O cri 'cn L s— 4.� W O aA aJ00 a- +�+ Q of 0 "w O cr ° .— LL to � n � � tocu U wLn O 0 00 ( i i e—I 'w E +� u o Q u > ...°„ E c6 aA s U � s 4--1 4--1 0 O O �E L d' qj)- O 4-j Q. 0 ca .N O N E CU . O m 0 w . tj CL u Ca „ N U CUII O � O qw CU • L.L L Q N CL IP a-J Q ca O v O � s 4--1 4--1 C— +-j Ln .� Q C6 _0 w O E _0 Q w Q V) 4� co 00 O XC- •o Q ...CU 4� O a� :- DL _0W o _ 4-J CU •— -a U aA0 'Z-5 O U 1 u LL Q paJ :4-J i� �. > u O •— O oc v, U > �- � s AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Reconsider Common Victualler License for Dunkin Donuts - Hours of Operation(5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.2 SUMMARY: The Board will reconsider the Common Victualler License approved on March 20, 2017 to mirror the hours indicated in the ZBA Special Permit dated February 25, 2016 for Dunkin Donuts, located at 277 Bedford St. The hours indicated are: Monday- Sunday from 6 a.m. - 10 p.m. SUGGESTED MOTION: Motion to approve a Common Victualler License for Dunkin Donuts, 277 Bedford St. with the hours as proposed. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 6:20 p.m. ATTACHMENTS: Description Type D 111,U)ainknHeationn. Backup Matorrinl D Dunkin Q7R>nit c:,wcinl Q'armit Backup Matorrinl i RECEIVED TOWN OF LEXINGTON SELECTMEN'S OFFICE MAR U 9 2017 SE l « N LECTAIE1V APPLICATION FOR COMMON VICTUALLER LICENSE i The Board of Selectmen issues Common Victualler licenses to establishments that cook,prepare and serve food at tables. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington,the Workers' Compensation Insurance Affidavit form, and the declaration page of your workers compensation insurance policy. i CORPORATE NAME: A l�u ow u s UL L D/3/A: ON-SITE MANAGER NAME AND PHONE NUMBER: rMavo BUSINESS ADDDRESS: z^1 S -, Ley.1n c,�Un yyt 67-`4 2--D EMAIL ADDDRES S: G Vyq t.i� . cam am HOURS: 6:00 a.m. - 10:00 p.m. Monday- Sunday ADDITIONAL INFORMATION: i Auth rized Signature Federal Ident ication MNoor t Social Security Number Submit to Selectmen's Office: 1. Application 2. Check for$25.00 (payable to Town of Lexington) 3. Workers' Compensation Insurance Affidavit(including copy of Declaration page of policy) ' TOWN OF LEXINGTON DECISION OF THE BOARD OF APPEALS Subject Property: 269-277 Bedford Street, Map 71, Lot 88 Applicant: Carl Erickson, Heritage Service Center Property Owners: Global Companies, LLC Hearing Date: February 25, 2016 Pursuant to notice in the Lexington Minuteman, a newspaper of general circulation in the Town of Lexington, published on February 11, 2016, and February 18, 2016, and notice sent by mail, postage prepaid, to all parties in interest pursuant to the provisions of Massachusetts General Laws Chapter 40A, and notice posted as required by said Chapter 40A, a public hearing was held on February 25, 2016, in the Town Office Building on the petition of Carl Erickson, Heritage Service Center, filed on January 19, 2016, for FIVE SPECIAL ITS in accordance with section 135-9.4 and the additional sections of the Zoning By-Law, (CH 135 of the Code of the Town of Lexington), listed below, to allow: 1) A takeout food service, per sections 135-9.4 and 135-3.4, Table 1: Permitted Uses and Development Standards, Line J.1.03; 2) Modification of the 1985 special permit for a standing sign, per section 135-9.4; 3)An internally illuminated wall sign, per sections 135-9.4 and 135-5.2.4.1; 4) 0 loading bays instead of the required I loading bay, per sections 135-9.4 and 135-5.1.14; and 5) 10 parking spaces instead of the required 17 parking spaces, per section 135-9.4 and 135- 5.1.14 at 269-277 Bedford Street. Acting on the petition was Chairwoman, Jeanne K. Krieger, Edward D. McCarthy, Leo P. McSweeney, Martha C. Wood and Associate Member James A. Osten Also present at the hearing was Associate Member Nyles A. Barnert Staff Present: Dianne Comaro, Administrative Clerk and David George, Zoning Administrator The petitioner submitted the following information with the application: Nature and justification; plot plan; site plan, layout, elevations, floor plan, landscape plan, copies of Zoning Board of Appeals decisions and e-mails from Attorney Edmund Grant with updating information. Also received was 1) Email in opposition from Frances Gillespie of 47 Gleason Road; Email from Katherine Ackerman of 46 Gleason Road in opposition and a letter in opposition from Matthew, Peter, Martin and Margaret Saradjian of 259 Bedford Street. Prior to the meeting, the petitions and supporting data were reviewed by the Building Commissioner, Conservation Administrator, Town Engineer, Board of Selectmen, the Zoning Administrator, the Planning Director, the Historic District Commission Clerk, Historical Commission, Economic Development, the Design Advisory Committee and the Zoning Administrator. Comments were received from the 269-277 Bedford Street 2 Carl Erickson, Heritage Service Center Design advisory Committee, the Building Commissioner, the Conservation Commission, the Planning Board, Economic Development and the Zoning Administrator. Attorney Edmund Grant presented the petition. Also presenting with Attorney Grant was the applicant and business owner Carl Erickson, Chris Tymula, engineer of MHF Design; Leo Vercollone, site consultant and Jeff Kwass of Viewpoint Sign. The applicant seeks to discontinue the nonconforming auto repair use and renovate the structure for a convenience store and takeout food use, while maintaining fuel sales, as is. The building footprint would not be increased. Minor aesthetic changes would or-cur to the building's exterior. A Board member asked how the applicant planned on controlling the trash pickup and would he object to a condition that there would be no trash pickup and large truck deliveries between 6:00 and 9:00 am. (He will control delivery times and he would have no issue with that condition on the special permit.) It was also asked about the donuts being delivered every day at 6:00 am. (They are delivered in a van.) Another Board member had questions regarding the curb cuts and if they would be able to comply with the state requirements. (The curb cuts are existing and will not be changing. They will be working with the state and the Town of Lexington to widen them.) A Board member asked if the applicant has met with the neighborhood. (Mr. Erickson has been in touch with many of the neighbors and has reached out to a few that he has not heard back from. He is trying to be a good neighbor and address as many objections as possible.) The Chairwoman asked about the possible sidewalk extensions and how that would impact his deliveries. (He will need to work with the town on this. The large gas trucks would have a difficult time delivering if the sidewalks were expanded.) A Board member confirmed there would be no deliveries before 6:00 am. (Yes.) Joanne Flannagan of 7 Dee Road was concerned with traffic and asked if there had been a traffic study done. (A traffic study was not required.) (it was explained that traffic studies are required only with large projects, this is a very small project with no increase in square footage.) Ms. Flannagan also asked about lighting (not changing) and if there would be more dumpsters. (No) 269-277 Bedford Street 3 Carl Erickson, Heritage Service Center Jennifer Breen of 68 Gleason asked to clarify the use of the dumpster, how and when are donuts delivered and does the Board have an option to condition a traffic study. (it was explained under the Lexington By-Laws traffic studies are required only with large projects, this is a very small project with no increase in square footage.) Ms. Breen was concerned with the increase in traffic. The Chairwoman asked the applicant how much of an increase did he expect. (The traffic fart gas station is down considerably and the peak time for on sales will be from 6:00 am to 9:00 AM, gas sales' peak time is 3:00 pm until 7:00 pm. He thinks there will be only pass by traffic. He commented there are so many Dunkin Donut establishments that people do not need go out of their way topass one.) Thomas Whelan of 2 Ballard Terrace also spoke of the traffic concerns. is Friedson of 8 Balfour Street asked if the Board could ask for a traffic study. (The Chairwoman explained the Board did not have jurisdiction to do that because it is not required in the By-Laws. Matthew Saradjian of 259 Bedford Street, Judi Friedson of 8 Balfour Street, Caroline Fitzgerald of 55 Gleason Road and Thomas Whelan of 2 Ballard Terrace spoke in opposition to the petition. Carmen Lombardo of 29 Wyman Street, Susan Orr of 17 Gleason Road, an abutter from 289 Bedford Street and Eric Carlson, owner of Lexington Coin spoke in favor of the petition. it Snell of 1 Valley Road was not in favor or in opposition to the petition, he did not object tot change in use but had a concern with possible rodents around the dumpsters and the smell of the coffee in the neighborhood. (Dunkin Donuts has a very strict regulation on pest control and they would adhere tot regulation.) A discussion followed regarding the sin age illumination and the entrances to the property. A Board member was concerned because there were no lanes for traffic flow. There also was a discussion on conditions. Findings The Town of Lexington Zoning Board of Appeals (ZBA), having received the Board of Appeals' Application for Hearing, viewed the site, conducted a public hearing, and reviewed all the submitted evidence, finds that: 1. Carl S. Erickson— Heritage Service Center is the tenant of property owned by Global Companies LLC. Said property is located at 269-277 Bedford Street and 269-277 Bedford Street 4 Carl Erickson, Heritage Service Center is more particularly described in a deed recorded in the Middlesex South District Registry of Deeds Book 55344 and Page 373. 2. The land is situated in a zoning district classified under the Lexington Zoning By- law (Bylaw), CH 135 of the Code of the Town of Lexington, as CN (Neighborhood Business). 3. Presently located on the site is a nonconforming gas station consisting of 4 pump islands with 8 total pumping stations and a nonconforming 2-bay vehicle repair facility. 4. The neighborhood the structure is located in consists of residential dwellings located in the RS (One-Family Dwelling) zoning district, commercial uses located in the CN and CRS (Retail Shopping) zoning districts, and a social service use located in the RS zone. The site is located on Bedford Street, a state road also known as State out 4/225, and is located approximately 1,800 ft. from the Interstate 95 on ramp. 5. As shown on the plans submitted with the application or in information otherwise referenced in the application, the applicant seeks to discontinue the nonconforming auto repair use and then renovate the structure for a convenience store and take-out food use. The nonconforming gasoline sales would remain as is. Also, the applicant seeks to construct an internally illuminated wall sign onto the front of the building and modify the existing internally illuminated standing sign. 6. Such modifications to the site are permitted under the Bylaw by modifications to an existing special permit or by grant of new special permits in accordance with: § 135-9.4; § 135-3.4—Table 1: Permitted Uses and Development Standards, Line J.1.03; § 135-5.1.14; § 135-5.2.10; and § 135-5.2.4.1. 7. The Board finds that a special permit to allow a takeout food service may be granted from § 135-9.4 and § 135-3.4, Table 1: Permitted Uses and Development Standards, Line J.1.03, because the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood— in view of the particular characteristics of the site, and of the proposal in relation to that site. Such finding is made after consideration of each of the following special permit criteria [Note: Criteria in Italic, Finding in plain text]: 1. Specific factors set forth elsewhere in this Bylaw for the proposed use or activity. This criterion would not be negatively affected. A nonconforming auto repair use will be eliminated and replaced with a takeout food service use. The takeout food 269-277 Bedford Street 5 Carl Erickson, Heritage Service Center service use is allowed by-right, except before 7 AM, when a special permit is required. To mitigate adverse effects, the hours of operation for the out food use have been conditioned. See conditions below. 2. Social economic or community needs which are served by the proposal: There would not be an adverse effect with respect to these factors. The site is I ocated near 1-95. The proposed takeout food service is consistent with customer demand fort option of buying coffee and snacks when stopping for as in the CN zoning district. In addition to being able toobtain fuel near the highway, community needs will be served by providing a convenience food option tot motoring public. Currently, the community is not able to obtain convenience food items in this part of town. 3. Traffic flow and safety, including parking and loading: Under the proposal, the site lacks adequate loading and parking without the grant of a special permit. However, additional zoning relief from the Bylaw's Off-street Parking and Loading requirements was requested for parking and loading. See below. No aspect of the proposal triggered a traffic study, his may be required by the Bylaw under certain circumstances. 4. Adequacy of utilities and other public services: This criterion would not be negatively affected. The site contains adequate utilities to service the takeout food service use. 5. Neighborhood character and social structures: There would not be an adverse effect with respect tothese factors. The character of the neighborhood will not be negatively affected. The proposal will remain consistent with uses allowed in the CN zoning district. The nonconforming gasoline sales will remain. The nonconforming repair aspect will be discontinued and replaced with a by-hght convenience for and a by-right takeout food use. The by-right uses are consistent with the neighborhood which is located on a state road near the interchange to 1-95. The service station has served the neighborhood for 45 years and has proven a most appropriate fit with the CN zoning district. The change in uses is consistent with evolving customer demands and increased challenges to remain competitive, while providing neighborhood and community service. The applicant's proposal for this upgrade is in keeping with the demands oft times as evidenced by other approved service station conversions in other commercially zoned areas in Lexington. 6. Impacts on the natural environment., 269-277 Bedford Street 6 Carl Erickson, Heritage Service Center This criterion would not be negatively affected. The proposal is not expected to have an adverse effect on the natural environment. Removal of the auto repair bays and associated waste oil will make the premises a cleaner site. Existing landscaping previously permitted will be maintained, preserved, and upgraded in some areas as necessary. If the plans should change to involve any drainage infrastructure or connections, then Conservation Commission approval may be required. 7. Potential fiscal impact, including impact on town services, tax base, and employment: There would not be an adverse effect with respect to these factors. The proposal is a modest neighborhood business upgrade with no impact on town services. The upgrade should increase the value of the property for commercial taxation purposes. 8. The Board finds that a special permit to allow zero (0) loading bays instead of the required one (1) loading bay may be granted from § 135-9.4 and § 135- 5.1.14, because the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood— in view of the particular characteristics of the site, and of the proposal in relation to that site. Such finding is made after consideration of each of the following special permit criteria [Note: Criteria in Italic, Finding in plain text]: 1. Specific factors set forth elsewhere in this Bylaw for the proposed use or activity., This criterion would not be negatively affected. The proposal will contain a smaller 10 ft. wide by 22 ft. long loading area instead of the required 12 ft. wide by 30 ft. long loading area. The smaller loading bay is not expected to have an adverse effect with respect to traffic safety of vehicles accessing the site, on the traffic carrying capacity of Bedford Street adjacent to the site, to pedestrians using the sidewalk, or to neighboring residential lots in terms of nuisance and hazards as indicated in this decision. 2. Social, economic, or community needs which are served by the proposal: There would not be an adverse effect with respect to these factors. The ability to provide supplies needed to run the business serves the social, economic, or community needs to the community by allowing a loading area for a takeout food service and convenience store. 3. Traffic flow and safety, including parking and loading: 269-277 Bedford Street 7 Carl Erickson, Heritage Service Center This criterion would not be negatively affected. The reduced size loading bay is sufficient in size to accommodate food service and convenience store delivery vehicles, without impacting gas deliveries or customer parking. The applicant has control over when gasoline delivery occurs and will not have that delivery occur during the takeout food service's peak hours of 6 AM to 9 AM. The applicant also has control over the time of his vendor trash pickup during hours of operation. The operator of the takeout food use indicates that there is flexibility in times of the food service delivery hours. Given the control and flexibility in scheduling the deliveries, the deliveries for gasoline, food use, and trash pickup will not occur at the same time and will not be in conflict with peak hours of gas fueling or use of the takeout food use or convenience store. Also, the lot is large enough to handle the various loading and parking needs. There are two large curb cuts on the site. One curb cut is located adjacent to North Hancock Street and is approximately 90 ft. wide. The other curb cut is located adjacent to Harding Road and is approximately 94 ft. wide. The gas delivery truck, which is a 1 -wheeler truck, is larger than the takeout food service delivery truck which is a small van. The gas truck customadly takes a left to onto North Hancock Street, pulls in to the site, and backs up once to the fuel pads. The typical time for gas delivery is 15 mTuts. Reducing the size of the curb cuts would have an adverse effect on the applicant's ability to make fuel deliveries to the site. No aspect of the proposal triggered a traffic study, which may be required by the Bylaw under certain circumstances. To mitigate adverse effects, van delivery, gas delivery, and trash pickup have been conditioned. See below. 4. Adequacy of utilities and other public services: There would not be an adverse effect with respect to these factors. The loading area is not expected to require any utilities or public services. 5. Neighborhood character and social structures: This criterion would not be negatively affected. The use of the site fora gas station will not change. The site has been used for fuel sales for 45 years and has proven a most appropriate use for the CN neighborhood zoning district. The site has received zoning relief several times to allow modifications to the site. The other uses are allowed by right, except that a special permit is required for the takeout food use because of hours of operation only. 6. Impacts on the natural environment. This criterion would not be negatively affected. The proposal is not expected to have an adverse effect on the natural environment. Existing landscaping, previously permitted, will be maintained, preserved, and upgraded in some areas 269-277 Bedford Street Carl Erickson, Heritage Service Center as necessary. If the plans should change to involve any drainage infrastructure or connections, then Conservation Commission approval may be required. 7. Potential fiscal impact, including impact on town services, tax base, and employment. There would not be an adverse effect with respect to these factors. The proposal is a modest neighborhood business upgrade with no impact on town services. The upgrade should increase the value of the property for commercial taxation purposes. 9. The Board finds that a special permit to allow to (10) parking spaces instead of the required seventeen (17) parking spaces may be granted from § 135-9.4 and § 135-5.1.14, because the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood— in view of the particular characteristics of the site, and of the proposal in relation to that site. Such finding is made after consideration of each of the following special permit criteria [Note: Criteria in Italic, Finding in plain text]: 1. Specific factors set forth elsewhere in this Bylaw for the proposed use or activity. This criterion would not be negatively affected. Having insufficient onsite parking is not expected to have an adverse effect with respect to traffic safety of vehicles accessing the site, on the traffic carrying capacity of Bedford Street adjacent to the site, to pedestrians using the sidewalk, or to neighboring residential lots in terms of nuisance and hazards as indicated in this decision. 2. Social economic or community needs which are served by the proposal. There would not be an adverse effect with respect to these factors. The site will contain ten onsite parking spaces. The ability to provide parking either onsite or adjacent to the site serves the social, economic, or community needs to the community by allowing parking for an additional food option and convenience store in the neighborhood. 3. Traffic flow and safety, including parking and loading: This criterion would not be negatively affected. Ten spaces are sufficient to accommodate the proposed uses. Additionally, the spaces used by patrons refueling, while not considered parking spaces under the Bylaw, allow for temporary storage of vehicles in additional to the onsite parking spaces. The onsite parking spaces are accessible from two existing curb cuts. One curb cut is located adjacent to North Hancock Street and is approximately 90 ft. wide. The 269-277 Bedford Street 9 Carl Erickson, Heritage Service Center other curb cut is located adjacent to Harding Road and is approximately 94 ft. wide. Sufficient site access exists for vehicles to access the site in an efficient manner. The site is very visible. Customers will have a view of the site from several hundred feet before entering the site. If the pumps are occupied, vehicles will not likely enter the site and instead continue driving on Bedford Street. Customers can be mostly expected to fuel during off-peak times or later in the day or evening. Average fill up time per vehicle is 3 minutes, which further allows for traffic movement on site. The site circulation can be considered to be self- regulating, given that most of the food use's peak time occurs during the early morning. The addition of the food use will not lead to a substantial increase of traffic along for Street beyond what the roadway can handle. According to information provided by the Metropolitan Planning Commission, Bedford Street is a heavily travelled road, handling approximately 50,000 daily trips in the vicinity of the site. The trash pickup, gas delivery, delivery fort takeout food use, and any other delivery can be coordinated so as not to occur during the peak hours of either the gas sales or out food sales. No aspect of the proposal triggered a traffic study, is may be required by the Bylaw under certain circumstances. Further, neither intersection adjacent tot site was listed on the top 10 dangerous intersection list, according to information apparently prepared in 2011 by the Lexington Police Department. 4. Adequacy of utilities and other public services: There would not be an adverse effect with respect to these factors. The parking area is not expected to require any utilities or public services. 5. Neighborhood character and social structures: This criterion out not be negatively affected. The use oft a site for a gas station will not change. The site has been used for fuel sales for 45 years and has proven a most appropriate use forte CN neighborhood zoning district. The site has received zoning relief several times to allow modifications to the site. The other uses are allowed by right, except that a special permit is required for the out food use because of hours of operation only. 6. Impacts on the natural environment.• This criterion would not be negatively affected. The proposal is not expected to have an adverse effect on the natural environment. Existing landscaping previously permitted will be maintained, preserved, and upgraded in some areas as necessary. If the plans should change to involve any drainage infrastructure or connections, then Conservation Commission approval may be required. 7. Potential riscal impact, including impact on town services, tax base, and 269-277 Bedford Street 10 Carl Erickson, Heritage Service Center employment. There would not be an adverse effect with respect to these factors. The proposal is a modest neighborhood business upgrade with no impact on town services. The upgrade should increase the value of the property for commercial taxation purposes. 10.The or finds that a special permit to allow modifications to an existing standing sign may be granted from § 135-9.4 and the 1985 Special Permit because the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood— in view of the particular characteristics of the site, and of the proposal in relation to that site. Such finding is made after consideration of each of the following special permit criteria [Note: Criteria in Italic, Finding in plain text]: 1. Specific factors set forth elsewhere in this Bylaw for the proposed use or activity., This criterion would not be negatively affected. A special permit was granted in 1985 to allow modifications to the standing sign. The permit allowed internal illumination of the sign. 2. Social economic or community needs which are served by the proposal. There would not be an adverse effect with respect to these factors. The internally illuminated standing sign is needed by the business to assist visitors in effectively finding the business. The ability to provide signage serves the social, economic, or community needs of the community by allowing notice of all of the uses occurring on site and available to motorists travelling on Bedford Street. 3. Traffic flow and safety, including parking and loading: This criterion would not be negatively affected. The modifications to the standing sign have been designed to be visible from several hundred feet to motorists travelling on Bedford Street near the site. No aspect of the proposal triggered a traffic study, which may be required by the Bylaw under certain circumstances. 4. Adequacy of utilities and other public services: There would not be an adverse effect with respect to these factors. The existing sign is intemally illuminated. There are existing sufficient utilities to service the modified standing sign. 269-277 for Street Carl Erickson, Heritage Service Center 5. Neighborhood character and social structures: This criterion would not be negatively affected. The sign design is consistent in style with signs used by other gas stations in to The sign was reviewed and approved by the Design Advisory Committee (DAC). The proposal is a modification of a previously approved internally illuminated standing sign. 6. Impacts on the natural environment: There would not be an adverse effect with respect to these factors. The proposal is not expected to have an adverse effect on the natural environment. The proposed standing sign will replace an existing standing sign. If the plans should change to involve any drainage infrastructure or connections, then Conservation Commission approval may be required. 7. Potential fiscal impact, including impact on town services, tax base, and employment: This criterion of not be negatively affected. Signs are a common accessory device to notify the public oft uses occurring on the site. As indicated elsewhere, the fiscal impact of the proposed uses will be positive. 11.The Board finds that a special permit to allow an internally illuminated wall sign may be granted from § 135-9.4 and § 135-5.2.4.1 because the adverse effects oft proposed use will not outweigh its beneficial impacts tot Town or the neighborhood— in view oft particular characteristics of the site, and of the proposal in relation to that site. Such finding is made after consideration of each of the following special permit criteria [Note: Criteria in Italic, Finding in plain text): 1. Specific factors set forth elsewhere in this Bylaw for the proposed use or ctivity.• This criterion would not be negatively affected. The sign is allowed by right with respect to its dimensions. The special permit is required for the internal illumination aspect. An internally illuminated wall sign is allowed by special permit. 2. Social economic or community needs which are served by the proposal., There would not be an adverse effect with respect tot factors. The internally illuminated wall sign is needed by the business to assist visitors in effectively finding the business. The ability to provide sin age serves the social, economic, or community needs of the community by allowing notice of all of the uses occurring on site and available to motorists travelling on Bedford Street. 269-277 Bedford Street 12 Carl Erickson, Heritage Service Center 3. Traffic flow and safety, including parking and loading: This criterion would not be negatively affected. An internally illuminated wall sign will be visible from several hundred feet to motorists travelling on Bedford Street near the site. No aspect of the proposal triggered a traffic study, which may be required by the Bylaw under certain circumstances. 4. Adequacy of utilities and other public services: There would not be an adverse effect with respect to these factors. There are existing sufficient utilities to service an internally illuminated wall sign. 5. Neighborhood character and social structures: This criterion would not be negatively affected. The sign design is consistent in style with other wall signs used by other gas stations in town. The sign was reviewed and approved by the DAC. 6. Impacts on the natural environment. This criterion would not be negatively affected. The proposal is not expected to have an adverse effect on the natural environment. The proposed wall sign will not require any land disturbance. 7. Potential fiscal impact, including impact on town services, tax base, and employment., This criterion would not be negatively affected. Signs are a common accessory device to notify the public of the uses occurring on the site. As indicated eIsere, the fiscal impact of the proposed uses will be positive. Decision On a motion by Leo P. McSweeney and seconded by James A. Osten, the Board voted 5-0 to grant the following five (5) special its from applicable sections of the Bylaw as listed below: 1. Special Permit to allow a takeout food service in accordance with § 135-9.4 and § 135-3.4, Table 1: Permitted Uses and Development Standards, Line J.1.03; 2. Special Permit to allow zero (0) loading bays instead of the required one (1) loading bay in accordance with § 135-9.4 and § 135-5.1.14; 269-277 Bedford Street 13 Carl Erickson, Heritage Service Center 3. Special Permit to allow ten (10) parking spaces instead of the required seventeen (17) parking spaces may be granted from § 135-9.4 and § 135- 5.1.14; 4. Special Permit to allow modifications to an existing standing sign may be granted from § 135-9.4 and the 1985 Special Permit; 5. Special Permit to allow an internally illuminated wall sign may be granted from § 135-9.4 and the § 135-5.2.4.1. The above zoning relief shall be granted subject tothe following conditions: 1. The takeout food use and the convenience store shall be developed in substantial conformance with the plan entitled, "Dunkin Donuts, 277 Bedford Street., Lexington, MA Preliminary Layout," dated 10/1/15, prepared for Dunkin Brands. 2. The site shall be redeveloped in substantial conformance with the following plans: a. its Plan, Map 71 Lot 88, Sheet 3 of 5," dated 11/30/15 and revised 1/7/16, prepared by MHF Design Consultants, Inc.; b. "Landscape Plan Map 71 Lot 88, Sheet 4 of 5," dated 11/30/15 and revised 1/7/16, prepared by MHF Design Consultants, Inc.; c. "Detail Sheet, Map 71 Lot 88, Sheet 5 of 5," dated 11/30/15 and revised 1/7/16, prepared by MHF Design Consultants, Inc., except for sign age; d. "Exterior Elevations, Sheet 1 and 2 of 2," dated 11/16/15, prepared by Centrepoft Architects. 3. A plan showing the floor plan for the gas sales component of the proposal shall be submitted to the Building Division with the Building Permit application. 4. The wall sign shall be constructed in substantial conformance with the plan entitled, "Job: Dunkin Donuts, Location: 277 for Street, Lexington, IVIA," dated 12116/15, revised 2/9/16, prepared by Vie oft Sign and Awning. 5. The standing sign all be constructed in substantial conformance with the plan entitled, "Customer: on Mobil," to 2/5/16, prepared by Everbrite and annotated with a note for boo m panel 7" by 42" lower panel. 6. There shall be no trash pick-up or large truck deliveries, including for fuel 269-277 Bedford Street 14 Carl Erickson, Heritage Service Center delivery, during the peak times of between 6:00 AM and 9:00 AM. 7. There shall be no van food or other deliveries before 6:00 AM. 8. All other conditions of the previously granted permits, special its, and or variances shall remain in effect except as specifically modified by this decision. 9. The hours of operation for any of the above described uses shall be limited to between 6:00 AM and 10:00 PM. photometric light plan showing compliance with the Light Bylaw shall be submitted tot Building Department prior to issuance of a Certificate of Occupancy. The above zoning relief is for property located at 269-277 Bedford Street. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Article Positions & Presenters ATM 2017 (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry 1.3 SUMMARY: Continued Board discussion regarding: • Assignment of Articles to Selectmen • Selectmen positions on Articles • Proposed Consent Agenda Articles SUGGESTED MOTION: N/A FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 6:25 p.m. ATTACHMENTS: Description Type D Arrtra ka Positionrs,&RR onrtorrs;ATM 20117 Backup Matorrinl rl 0 a a N m N U U t W > > > > W > > > m >- >- > >- >- O 9- 9- >- >- >- 9 9 GL 9 v a Q a a z >- CL >- >- >- >- >- >- >- CL >- D CL cL >- > > > > > > > > > > CL > CL >- z z W m m Y -j W m m Y U0- m W o7 07 0 0 W o7 07 0- 0 U) C9 a a z W a a Wuj uj o 0 z C a w www z O U) U) U) U) p w w 0 00 0 J � ~ Q a Z o 0 W Q J U z m m Q 0 0) a cco Q Q E 0 U a) a a) uja O a U) v) o a) c I� N co C a) > N O m U) a C Ncmi m U co 0 CL m E W m m 0 > a a) o t� a, 0 -0 LL Z3 c T w w 1= a co c w U) cpa m E 0- -O r o a_co :3 `o c a� � c E m m V co m o 06 o m > m aci o.� r in in p E � -0 o .> ° �� a� � ii °a) co E a) o- o aa) > axi E Zmwo- cry a) E m Ein °' > � o m ocn a� L� a) a) E .� aL `p .� c >, o a CL.� a C a� o a o CL oo o 2.� �m a o 00 m oE � o a� UU —aEi Z co co Co o Z o w E U p U a) C `m C Q co c a) cn c CD 0 c-ry 1= c c c Z a cn O -0 co a) m a� m a m m m m m 1= c U c m m m co L a) m o > o a L) W a W O W m m e 0 w W m w c O 0) .0 m co W IL LL IL c W co co .o c .S 'o a� c a) m m o N c > N a) a� a� 9� o o o m am>i m ° E E c 'c U � m w 5 a� 2 ?� w w w 0 Z � � � U m a) 0- > r jr � `m `m � Ucn LL o � - m � � � m 0 0 O m LL LL o o Q -6 c U N >, coco LL LL m a) � c a) %q o o 0 O m ii a s a� °� m o a� o E c .c a) a) c o J m m m m J m m m m a) .� N 15 N "a p '� O N m .0 Q as as a aaaa `� a� c o U � � U � cn � UUQI� � UQ Q E v o 0 0 0 = o o o o C m o a, — o o E W a. 0- Z c> > 8--o _ CL CL O c a as as aBEBEBE � a � CL CL U v v7QQ QQ � QQQQQWr' Qm m cia a� �� � �cE c o a < < o E Q E v o uj uj o J N CO It LO J It LO c0 � m m U m U a) a) a) a) U a) a) a) a) a) a) a) a) a) v v N .2 .2 v v . N Q Q Q Q Q Q Q Q Q Q Q Q Q rl m � a N m N U t Q a m � � � z w 2 w a z z z U) U) U) O O O U U U N c N T � N � c � chi U) p CL c (p E a) -o E aoi 0 CD c c m ry o C U m m 0 E c o o E c .c CD CL U) 0 c m m E o 0 a) c 2 CDE �� a) > > o E LU U E c 0 U) m U o c uS E 0 E o > � a� o m :° a > cn U aEi E E c a� E a� E o E cL a c w a) U w a) o o aFu Ei CL c cn c .0 0 a c%) c o f '0 c U a aci w - ' U aa)i c a aEi ry o 0 a m E L m o a� EEi E c '� c E U a Q 0 E � .� aa)i � c > L I c a 'L u� > m a� 0 0 — > Co p > > U c cn U z 'c a m o 0 o c a0i m o E m — c > > g .c p E E � m o o c o o m — o o a a� m c o L L � o " w CD a) a) 'a= > w 00 00 °o E U c E a� m E N c 0 U w w U a� o m _ a' " 0 a� m c U E a a� E U) a E 0 °� m > > c a) a� a� a� a� o c `� 3 a cn U LL LU c — m U a� > m m w a CD _0 aa) aa) aa) aa) a�0i o � a� o 3 � m m CD CD o .ry c o .c —aaCL co) c � E � U � > > UU . 01— a� � � � a� CO c � = o0 0 - = _ _ = m 0 E pCL c a — > — a� a) > a� a 0 a) c m 0 m m m o 0 o J E a� 0 5 a� m a� m 3 0 0 a� m o `o `o `o o .a LL w `o �- E m a:-. 3 c —0 0 0 � � � � c .� aDa» c _0 : a m aa) c c a� 0 0 � � c a c a� a� a� a� c = c c c a� a� o a E E 3 3 �_ a� a� a� m _ 'x 'X .X .X > 0 c 72 m o o n > > 0 a) m = E m m m m 0 m a� a� a� `m v w (n = U N (n 0 H H = m = > > = H z fL = Q 'O'O 'O'O (n J 2 LL 0- � J J J O E Q _ CL 0- O C � � � U E � � �cE c o aa� in �> 3 x < < < < m� ci a a� � � =Q o E Q E v o w `° v m J U a) a) a) a) a) a) v v a1 41 n N i Q Q Q Q Q rl a a > > > Lf) a M N W * > * > >- >- IL I W m > w v Q > z � � � � � z o zz � zry � � � � z z >- > z � > > � > z ' z >- a > > > > > > > > a > z � > > � > z a zz > >- ry >- >- > > > ry > z � >- ry z z >- z z z W Y J J Y W W 0 0000 Q U W U u 0 0 w w a a a w i- w i- w w zw zw a a U) Z z O O cn z z M Li-- Li-- O O N � c v a) a) c E a) U U C Q Q Q w C C m LL C N N a C N N O co o CL c U U m o a U N _ U —aoi E ° m U a) U > C N N LL o _0 Q 0 -m m a) C N r 0 � NCD J CL U CL a) >, N C .N N a) Q a) U c a) o a U aa)) ° c ° U E ° ° ° aa) � � < U � > a) o -0 a) a U a) ° a) o c CD a) a) c ° a c Q m aci T E c o a) a aci o .� o E o o > O� .co LO N co E ° N m 2 LL N E a) Z O LL m (n E '� LL c -6 a) o �- U N � LL LC'- >' 0 C = U > � � .N c � .o aa��i m o cU � .cF .-- ° > p E > a G a) LO m Z N C C '°- a) a) C 0) 0 a) O W (6 a) LL O L)) °- ' Q E m o LL = w U 0) c .� c m U V '�' o c o m U -0 0 0 < m ry LU co co � 0m E � mz � �— ry � f— cn a) ) o mU g U LL m oo LJ a)> U� W ° a0a � � a O> QU) � Q� E 3m 3m 3m 3m 3m 3m > mmmmmmm mmm mmm `o `o — o ° 00 a o ° `o `o E m m m m m m m p � � 0) Z c c c c c c c o E o E E O N c LL ry o � U' U' U' U' U' U' U' NNoN NNN -0 v 0 0 C o c o o W o r n Z a a a c E in c c c c c c c c c c c c c o E a a a a vi ° a a z a a) ' m a) a) a) a) a) a) a) Z a) a) a) a) a) a) E o a a U a a a) ° a a W a E a-a a) S E E E E E E E O E E E E E E Q U v Q Q Q Q Q 0' LL Q Q C9 Q Q Q Q r' W Q Q Q Q Q Q Q N Q Q Q Q Q Q t E Q E v o UJ 00 o) O N M It LC) (O W I-- 00 M O N CO It LC) (O � 00 M W O N (o It LC) (O U u J — N N N N N N N J N N N Cl) M Cl) M M M M M M M J V' V' It It It It It U a) a) a) a) a) a) a) a) a) U a) a) a) a) a) a) a) a) a) a) a) a) a) U a) a) a) a) a) a) a) v v aj . N Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Update -ATM 2017 Article 37 Trees (20 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.4 SUMMARY: The Board of Selectmen will receive an update on ATM 2017 Article 37, Trees. SUGGESTED MOTION: N/A FOLLOW-UP: BOS DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 6:30 p.m. ATTACHMENTS: Description Type D shirt fi/ Vma:A>, ("'over Mom) 3/24/17 Update from the Tree Committee on Article 37 Carl Valente, David Pinsonneault, Chris Filadoro, Gerry Paul and Nancy Sofen met on Thursday, March 23, 2017,to discuss concerns that staff had raised about changes to the Tree Bylaw that are proposed in Article 37. Anew draft motion is being reviewed by those persons and by Town Counsel and is not available in its final form at this time. The changes that were agreed upon and that will be reflected in the new motion are as follows: 1. In instances where a large tree must be removed as a requirement of a building permit due to site constraints,the higher mitigation rate would not apply. This most likely would be accomplished by changing the wording in the Replacement Inch Calculation Table,where it now reads, "Four (4) times inches removed",to read "Four (4) times inches removed unless as a requirement of a building permit a tree must be removed. In that case, replacement inches are the same as inches removed." 2. Item 4, the addition of a section on Maintenance of Protected and Replanted trees, will be deleted. All agreed that the intent of this section is worthwhile, but staff pointed out complexities that had not been considered and that are not addressed in the wording of the motion. If protected trees are removed because of Asian Longhorn Beetle, must there be mitigation? Who is responsible for mitigation: the builder who no longer owns the property or the new homeowner? The Tree Committee will study this and may bring it forward in the future. Other issues were discussed as well to increase our understanding of each other's concerns and positions. The changes in Protection Change #1 (Item 3 in the motion) were pointed out to staff, and they are now OK with the change. The Town Manager stated that mitigation at any level might not be allowed in cases where a tree must be removed as a requirement of a building permit. He will consult Town Counsel, and wording to that effect might be placed in the motion if Town Counsel advises us to do that. The Tree Committee understands staffs concerns regarding the 4x mitigation required of large trees. The Committee's position remains that we wish to discourage the removal of large trees by applying a mitigation that more accurately reflects the trees'true value. If such a tree is removed, mitigating four times its diameter does not begin to replace the public good that was lost. We expect that the Tree Warden will report on his experience with the amended bylaw at monthly Tree Committee meetings, and if he finds that builders are circumventing mitigation requirements by hiring arborists to declare trees hazards,then we would respond at 3/24/17 that time. A possible response would be to ask the Selectmen to approve change(s) to the Replacement Inch Calculation Table. We appreciate the constructive input that we received from staff, and look forward to seeing the added benefits to Lexington of an even more robust Tree Bylaw. Respectfully submitted, Nancy Sofen for the Lexington Tree Committee AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Water & Sewer Commitments PRESENTER: ITEM NUMBER: David J P ins o nneault C.1 SUMMARY: Water& Sewer Commitments February 2017 Cycle 9 $213,842.67 SUGGESTED MOTION: Motion to approve the Water& Sewer commitment as noted above. FOLLOW-UP: Treasurer/Collector DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 ATTACHMENTS: Description Type D BOS327-1171h/AcSC"rrimitnunt ("'over Mom) Department of Public Works Town of Lexington Water and Sewer Enterprise Funds FISCAL YEAR 2017 February 2017 Cycle 9 Billing CYCLE 9 GRAND TOTALS_ February 2017 WATER $206,773.02 $206,773.02 SEWER $1,963.60 $1,963.60 FEE FOR BEDFORD $5,106.05 $5,1 O6.05 TOTAL; $213,842.67 $213,842.67 To the Collector of Revenue for the Town of Lexington: You are hereby authorized and required to levy and collect of the persons named in the list of water/sewer charges herewith, committed to you and each one of his/her respective portion herein set down of the sum total of such list. Said sum being. Two hundredthirteen thousa" eight hundredforty-two doffars and67100 And pay the same into the treasury of the Town of Lexington and to exercise the powers conferred by law in regard thereto. DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN March 27, 2017 Treasurer/Collector, Director of Public Works, Water/Sewer Billing AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign Eagle Scout Letters - Peter Ekrem and Thomas Barry PRESENTER: ITEM NUMBER: Suzanne Barry, Chairman C.2 SUMMARY: You are being asked to sign a letter of commendation for Eagle Scouts Peter B. Ekrem, Troop 119 and Thomas C. Barry, Troop 160 SUGGESTED MOTION: Motion to sign a letter of commendation congratulating Peter B. Ekrem and Thomas C. Barry for attaining the highest rank of Eagle in Boy Scouting. FOLLOW-UP: Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes & Executive Session Minutes - October 2016 PRESENTER: ITEM NUMBER: Suzie Barry, Chairman C.3 SUMMARY: Summary The minutes of the October 6 Budget Summit 1, regular meetings on October 13 and October 24, and a joint meeting with BOS and Planning Board on October 25 are ready for your review and approval. The Executive Session minutes of October 13 and October 24, 2017 are ready for your review and approval. SUGGESTED MOTION: Motion to approve the minutes of Budget Summit 1 on October 6, regular meetings on October 13 and October 24 and a joint meeting between the BOS and School Committee on October 26, 2016. Motion to approve but not release the Executive Session minutes of October 13 and October 24, 2017. FOLLOW-UP: BOS DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 ATTACHMENTS: Description Type 70-41 Summit Meeting 1 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee October 6, 2016 A Summit was held on Thursday, October 6, 2016, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Board of Selectmen (BOS) Ms. Barry (chair); Mr. Kelley; Mr. Cohen; Ms. Pato; Ms. Ciccolo were present along with Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance; Ms. Hewitt, Budget Officer; and Ms. Siebert, Recording Secretary. Also Present: School Committee (SC) members: Ms. Hurley, chair; Mr. Alessandrini,vice chair; Ms. Crocker; Dr. Czajkowski, Superintendent of Schools; Mr. Dailey, Assistant Superintendent for Finance and Operations. Appropriations Committee (AC) members: Mr. Parker, chair; Mr. Bartenstein, vice chair; Ms. Colburn; Mr. Levine; Mr. Neumeier; Mr. Radulescu-Banu; Capital Expenditures Committee (CEC) members: Mr. Kanter, vice chair; Ms. Manz; Mr. Lamb. Ms. Barry called the BOS to order at 7:04 p.m. and introduced the Board members. Chairs of the SC, CEC, and AC followed suit. Procedure for Meeting Minutes Ms. Barry explained that the BOS Recording Secretary will be taking the minutes for the Selectmen and will share draft copies of those minutes with the chairs of the SC, CEC and AC for review,prior to approval by the BOS. Financial Indication Analysis and Revenue/Expenditure Projections Mr. Valente said the Summit is intended to help frame policy discussions. Though conservative, the following projections are nonetheless based on reasonable assumptions, although they should not be seen as actual budgets. Mr. Valente emphasized that Lexington continues to be in a strong financial position. Referring to last year's Summit 1, Mr. Valente said there was concern at the time about balancing the FYI operating budget. Today, in part because of steps taken by the Boards/Committee's present that limited program improvements, the current year/FY17 operating budget came in $1.4M less than what it could have, based on the revenue allocation model. Positive results from those decisions equate to a lower projected FYI shortfall. Mr. Addelson will later expand on this theme. Note that Summit 1 meeting materials can be accessed via the BOS webpage as well as the under the `Budget"tab on the Finance department webpage. The main focus of the evening's business is divided into four parts: 70-42 Budget Summit 41 --- October 6, 2016 FY2018 Budget/Financial Overview Presented by Mr. Valente, this segment was a high-level evaluation of the Town's financial condition intended to set the stage for the coming fiscal year budget. Looking at Indicator 1: Revenues (page 11 of the Financial Summit 1 document), Mr. Valente said the Town continues to experience positive revenue growth of about 3-3.5% a year. That trend is favorable. Moving to Indicator 7: Personnel Costs (page 17), the percentage of labor costs is stable at about 77-79%. This means that employee salary and benefits are not crowding out other things like capital infrastructure maintenance; there is currently a balance between capital investment and the operating budget. This is another favorable trend. Indicator 8: Employee Benefits (p.18) is favorable as well. Employee benefit costs are substantial but they are not growing as a percentage of wages. Health insurance costs are now approaching $23M dollars a year and pension costs another $5M, making benefits 26-27% of wages but this is a decrease from FYI when benefits accounted for 33%. Mr. Valente said the drop can be attributed largely to changes in State law re: health insurance which allowed Lexington and other municipalities to join the State's group health insurance (GIC). Indicator 10: Pension Liability (p.20) is also trending favorably with 85.3% of employee pension liability costs funded. This funding level puts Lexington among the top 5 communities in the State. The average pension liability funding level statewide is around 57%. Indicator 13: Reserves and Fund Balances (p.24) is, again, favorable and shows a strong and growing position for Free Cash and the various stabilization funds. On the less positive side of the overview, Mr. Valente identified one financial indicator in the unfavorable category and three in the marginal category: Unfavorable: • Indicator 9: Retirement Participants (p.19) shows an increase in the number of retirement benefit-eligible employees from 2,201 (2012)to 2,457 (2016), an increase of about 250.The pension portion of employee benefits is not of concern; however, a looming$190M in post- retirement healthcare costs over the next 30 years is problematic. To date, $9M has been set aside toward the$190M. As yet,there has been no Legislative relief for the healthcare side of Other Post Employee Benefits (OPEB) as there has been for the pension side. Marginal: • Indicator 11: Debt Service (p. 21) has been spoken of in past years as an area to watch closely. If it grows too fast, debt service puts pressure on other parts of the operating budget.The within levy debt service is kept at about 5%of the General Fund Revenue 70-43 Budget Summit 41 --- October 6, 2016 which, Mr.Valente said, is consistent with revenue growth. At that level, Lexington can accept about$6.1M of new debt per year for capital projects. However, the LHS modular project was $8.3M. It was funded within the levy but it adds to the challenge of living within the 5%goal. Town administration recommended—and Boards/Committees supported— using funds from the Capital Stabilization Fund to offset the within-levy debt service until it declines to a more manageable level in 2021. Draws on the Capital Stabilization Fund are shown on Line E as $919,000 in 2015 and $620,567 in 2016. • Indicator 11(a): Projected Exempt Debt Service (p.22) includes a graph called Residential Share of Net Exempt Debt Service per Household. It anticipates a per household increase in FY19 (to $1,041) and shows an already steady climb from $472 in FY13 to $648 in FY16, the result of impacts from capital project debt for the Bridge, Bowman, and Estabrook schools. Bridge and Bowman were a planned part of the debt model but Estabrook became an earlier-than- anticipated priority due to PCB contamination.The debt load was,therefore, not staggered as originally envisioned. Mr. Valente noted that managing exempt debt service will continue to be challenging with the addition of public safety and school building projects now in the pipeline. • Indicator 13(a): Use of Capital Stabilization Fund (p.25) models how debt mitigation from the Capital Stabilization Fund could be managed.This new chart, unveiled at Special Town Meeting, is an addition to the financial planning tool kit and will be updated yearly as debt service impacts change.The balance of the Capital Stabilization Fund is now$23,007,152 but projected pressure on the fund, used as a safety valve, shows a steady decline in balance if demands are as projected and no new funds are added. Mr. Addelson will speak to this later in the presentation. Mr. Kanter (CEC) asked why Indicator 14: Population (p.26)was considered marginal when overall population numbers have steadily hovered around 32,000. Mr. Valente replied that while overall numbers have stayed relatively the same, the school-age subcategory has increased by 23.8%between 2000 and 2016 with related financial impacts. Mr. Levine (AC) asked about a 10.5% decrease in pension funding levels in 2012 in Indicator 10: Pension Liability (p. 12). Mr. Addelson explained that industry standards with regard to mortality assumptions were revised at that time, causing the recalculation. Mr. Parker(AC)referred to Indicator 7: Personnel Costs (p.17), noting that the graph shows personnel costs going up, slowly but continuously. Mr. Valente said that staff numbers —largely school-related—have increased due to enrollment. He added that reserve fund depletion and deferred capital investment have not occurred due to personnel impacts to date but the potential is something to be alert to. 70-44 Budget Summit 41 --- October 6, 2016 FY2018-2020 Revenue and Expenditure Forecast To begin, Mr. Addelson said this year's forecasting model has changed in the interest of simplification. Instead of the former above the line/below the line model, the report now provides a single,projected bottom line figure, showing either a surplus or a deficit. Mr. Addelson directed attention to Executive Summary: Projections (p. 28). The forecasting methodology is a maintenance budget approach, containing increases to keep current levels of service only. Again different from the below the line and above the line, this model factors in inflation, assumed COLA and other negotiated contract increases as well as escalated costs in purchased services agreements. Mr. Addelson noted that the school spending forecast includes projected increases in wages and benefits commensurate with enrollment trends plus other initiatives Superintendent Czajkowski will expand upon in her presentation. Debt service spending in the forecast reflects existing within-the-levy obligations as well as the expectation of another $6.1M in debt for FY2018 due to capital requests. Revenues are based on historical experience and the difference between expected revenues and expected expenditures is shown as the available balance. Mr. Kanter(CEC) asked what percentage increase was included in the level services budget to accommodate inflation, assumed COLA, etc. Mr. Addelson said the percentage was intentionally omitted but would be discussed at another time. He added, however, that percentage used was a reasonable assumption. FY2018-2020 Expenditure Projection for School Operating Budget Turning to the "Lexington Public Schools FY2018-20 Three Year Budget Projections", Superintendent Czajkowski's presentation focused on the impact of rising school enrollments on the operating budget as well as infrastructure and program challenges. Included in the projection are existing salaries/expenses as well as additional personnel costs to address enrollment growth. Also included are other known impacts such as two middle school construction projects, the proposed Hastings Elementary expansion, and initiatives involving the Central Administration building. Dr. Czajkowski cited six "Key School Policy Issues"that will continue to be addressed: • Enrollment Growth The Enrollment Advisory group forecasts significant growth to continue in the school age population. Projected enrollments anticipate an additional 84 students system wide in FY18; 131 in FY19; and 124 in FY20. 70-45 Budget Summit 41 --- October 6, 2016 • Building Capacity/Multiple School Projects The two middle schools are currently undergoing expansions of classroom and core space.Three of the most crowded elementary schools—Bridge, Bowman, and Fiske—will each receive 2 additional classrooms in spring 2017. Construction of a new Hastings Elementary is moving forward and has received the green light for MSBA reimbursement. However, while these projects are underway, alternative space for the Lexington Children's Place (LCP), additional elementary space, and a new LHS are becoming critical.The LHS population is now approaching 2,200+students and current middle school students will add pressure to that number.There is no capacity at LHS to add classroom space. • Maximizing Existing Space/Capacity Some redistricting of newly-enrolled elementary students took place last spring to best utilize existing space as Estabrook. Another classroom was added at Hastings which mitigated pressure on Bowman. Even so, there are currently 27 sections at Bowman, a school built for 21 sections. Also, 2 LCP classrooms plus OT, PT and Speech were moved into Central Office space that previously housed LABBB Special Education Collaborative students. • Re-districting/ Buffer Zones/Central Registration The School Committee and administration are drafting buffer zone policy language.To that end, the Policy Subcommittee held two public forums, each attended by 40-50 parents. Subjects discussed were growing school populations and the concept of neighborhood schools. Maintaining neighborhood schools while also responding to population growth may be difficult. One of the district's goals is to more closely monitor residency.This is currently done at the building level but the administrative burden is unwieldy and accuracy is not assured. Pending School Committee approval, a new paperless, online system—expected to be launched this January— will be used to better track residency and to inform enrollment projections. • Preserving and Maintaining Programs The goal of Lexington Schools over the next three years is to preserve and maintain excellence. There are, however,financial implications. Dr. Czajkowski identified the assumptions that have gone into making budget projections: Salaries and Wages: ➢ Maintain level services with no program improvements; ➢ Increase salary steps 2.5%; assume $1M offset in savings per year for staff turnover; ➢ Include 2% COLA for FY18 for a number of settled contracts and assume sufficient funding for unsettled contracts FY18-20; ➢ Add staff to address projected FY18-20 enrollment increases; ➢ Add staff for Central Admin, MS building projects, and new Hastings; ➢ Include recurring additional staff-related costs inclusive of benefits, Workers' Compensation, etc. 70-46 Budget Summit 41 --- October 6, 2016 • Expenses: ➢ SpEd and OOD tuition and transportation make up 80-88%of the expense line, $1.15M to $1.31VI or$1.31VI to $1.6M, depending on the year; ➢ Adjust all other expense lines by the 1.8%Consumer Price Index; ➢ Include expenses for purchase for paperless enrollment system software plus facilities for the middle schools and Hastings school. The FYI Base School Budget projection for Salary and Wages is $85,441,359 (see p. 6). With the inclusion of enrollment-driven staff increases with steps, benefits, and COLA, the base budget is increased by $1.6M and now totals $87,054,472. On the Expenses line, the FY18 projected base budget is $17,000,315. With added costs due to the Central Registration enrollment software,plus the middle schools and Hastings facilities costs, the inclusive Expenses line item is $17,126,615. The overall increase over FY17 is 6.6%. A similar level of increase is projected to continue annually through the three-year period. Dr. Czajkowski said the Schools are taking active steps to address the School budget's impact on the Town budget. One example is that the implementation of an elementary-level World Languages program has been postponed. Staffing requests will also be closely examined to ensure they are justified to maintain level services. The Schools' budget managers are aware that the School Committee will not be receptive to program improvements requests. Also, the district will be vigilant to finding ways to mitigate OOD and transportation costs. Finally, Superintendent Czajkowski addressed staffing projections by category (as shown on p.7). Based on the enrollment projections noted earlier, an additional 17.77 FTEs will be needed in FY18; 27.71 in FY19; and 26.23 in FY20. These positions include classroom personnel, specialists, educational and social/emotional support and administrative/clerical. Mr. Radulescu-Banu(AC) asked how many students have OOD placements and whether loss of LABBB space will increase the district's SpEd costs. Dr. Czajkowski said loss of the space will not adversely affect costs. An entire wing at LHS is still used by LABBB. Asst. Superintendent Dailey said there are 133 OOD placements in FYI and annual increases project an additional 7-8 students. As the base population grows, so does SpEd, even if the percentage of the population remains constant. Ms. Colburn (AC) asked if there would be cost savings associated with the online registration process. Dr. Czajkowski said the shift from paper would start out slowly with only Pre-K to 5t' grade at first. There will be some re-purposing of space associated with the change and there might be somewhat less need for administrative assistant personnel. Mr. Dailey said that online registration will help track residency and visa expiration, which could have an impact on enrollment numbers, although it is hard to quantify. 70-47 Budget Summit 41 --- October 6, 2016 Mr. Kanter(CEC) asked if the enrollment increases projected for FY20 constitute a leveling off of growth. Mr. Pato (BOS) said the projections are based on last year's enrollment data. There are increases and dips over time. The current projections will be revised later this year, when the State finalizes the October enrollment data. Mr. Kanter asked whether the $1 M balance in the SpEd Stabilization Fund is enough to provide the "flexibility and assurance"for which the fund was established. Dr. Czajkowski said she and Mr. Dailey are comfortable with the amount because improvements have been made in how SpEd is staffed. Mr. Dailey added that Lexington also has a$650,000 LABBB credit as another source of funds to be used as an offset. Mr. Kanter asked if there had been any progress on a multi-district SpEd transportation initiative. Mr. Dailey said Lexington already participates in a LABBB/EDCO transportation procurement collaborative but continues to look for additional ways to save on these costs. Ms. Colburn (AC) asked why there are no cost projections for a new LCP space included in the documents. Dr. Czajkowski said the first phase of the LCP project has been exploratory: looking through the Central Office to assess space use. The findings of that exploration will be presented to the School Committee on November 1 to see if programs now offered at the Central Office can be moved elsewhere. The second phase will look at the Pelham property and other possible spaces. A solution to the current problem is anticipated within the FY18-FY20 time period. Mr. Radulescu-Banu(AC)noted that the Master Plan for the next 5 years does not include a new or expanded LHS. Superintendent Czajkowski said the growth in the LHS population is becoming a critical problem. Discussions about timeline and when to apply to the MSBA will be a School Committee topic in the coming weeks, as will how to position the project into the larger context of the other school building projects currently underway. Mr. Hurley (SC Chair) said the only specific projects the School Committee has discussed are the modulars and how to move ahead with the Hastings School. There is no plan underway, as yet, for any other project. He suggested an interim solution might be necessary that could include program adjustments. Mr. Kanter(CEC) asked if the LABBB program housed at LHS could be relocated. Dr. Czajkowski said this is something to be discussed. Mr. Alessandrini (SC) said as SpEd numbers grow, it is even more critical to have LABBB as an in-house resource that fulfills students' needs at the same time as it saves OOD tuition and transportation costs. He emphasized that the Schools knew LHS would have to be addressed but the middle schools became a higher priority. FY2018 Budget and Shrinking FYI Shortfall Mr. Addelson then directed attention to p. 31 "Revenue and Expenditure Projections FY2018- FY2020" of the Financial Summit 1 material, highlighting the bottom line "Available Balance" figures. This shows a projected available balance in FY18 of$1,098,258 and projected shortfalls 70-48 Budget Summit 41 --- October 6, 2016 of($3,547,673) in FY19 and($9,915,155) in FY20. However, Mr. Addelson noted that the outlook for FY19 has improved because, this time last year,the projected shortfall was a little over $9M. What is driving the improvement? Revenues are $4.8M higher than projected last year. This is due to the ripple effects of higher New Growth in FY16 and FY17. The two together conspire to increase the projected Tax Levy revenue by $821,000. State Aid is also projected to be $1.7M higher, largely due to Ed Reform funds that were increased(from less than 15%to 16.8%) so that Lexington received closer to the so-called target level of State contribution. Local Receipts are also higher and there is $2M more in Free Cash over what was projected at this time last year. $672,000 will be used from the Capital Stabilization fund to offset the impact of capital projects on Debt Service. On the Expenditure side,projected spending this year is $895,000 less for FY19 than it was a year ago because Town government and Town administrators responded to the projected shortfall with belt-tightening measures, holding the line on new or expanded programs. While a problem remains in FY19, Mr. Addelson said it is not as dramatic. Opting not to go into great detail at this point, Mr. Addelson highlighted two points of significance: • Free Cash available for FY18 use (from 7/1/16 certification)will be about$14M, $3.2 of which will be used for funding capital. • Based on this robust Free Cash position, it appears as though there may be the opportunity to recommend that an additional $5M be earmarked for the Capital Stabilization Fund to mitigate debt service impacts. Mr. Kanter(CEC) said he recognizes the importance of demonstrating that the Town is cognizant of the OPEB funding mandate but he believes too much is being dedicated to post- retirement health care liability as opposed to the pension fund. Ms. Crocker(SC) said she does not see any reference to the Pelham Road property in the projections. Mr. Addelson concurred that there is nothing in the model associated with the operational side of a Pelham acquisition. The Town does, however, take into account in its modeling the impact acquisition of the property would have on taxpayers. Key Policy Issues Related to FYI Budget Mr. Valente highlighted policy issues that should be used in financial deliberations. • Continuing policies ➢ Limit School Program Improvement Requests ➢ Financing Plan/Property Tax Impact for Capital Projects (Town and School) ➢ Use of Capital Stabilization Fund to mitigate tax impact of capital debt 70-49 Budget Summit 41 --- October 6, 2016 • New Policies ➢ High level of community interest in addressing pedestrian, bicycle, vehicle safety on roadways, intersections, school properties ➢ Revenue sources to address federal/state requirements for stormwater management. Of the $6.1M in debt issued every year, about$1 M is for stormwater management. Many communities are considering stormwater management fees for properties that are not managing stormwater adequately. Options for how to address the impact of this on the Town's capital and operating budgets this will be presented to the Selectmen sometime this fall. The three words Mr. Valente uses to describe Lexington's financial challenges for the next five years are "Capital. Capital. Capital." But, he added: because of the financial policies that you have endorsed to prepare for the Town's anticipated capital impacts for the 5 year period specifically setting aside revenues now to mitigate the taxpayer impact—the Town should be able to offset a significant portion of the property tax impact of these projects to our residents and our businesses. But it is something we need to remain vigilant about. Mr. Valente and Ms. Barry recognized the extensive staff contributions to the financial planning sessions and process. Establish Dates—Financial Summit 2 through 5 Summit 2: Wednesday November 9 Summit 3: Thursday December 1 Summit 4: Thursday January 12 Summit 5: Thursday February 16 Approve Letter of Support Middlesex 3 Grant Application On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the letter of support for the Middlesex 3 grant application. On motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 8:45 p.m. A true record; Attest: Kim Siebert Recording Secretary 70-50 Selectmen's Meeting October 13, 2016 A meeting of the Board of Selectmen was held on Thursday, October 13, 2016 at 6:30 p.m., in Estabrook Hall, Cary Memorial Building. Chairman Ms. Barry; Mr. Kelley; Mr. Cohen; Mr. Pato; and Ms. Ciccolo were present. Also present were staff members Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance, Ms. Casey, Human Resources Director; Mr. Pinsonneault, Director of Public Works (DPW), and Ms. Arnold, Recording Secretary Executive Session Because Ms. Barry recused herself from this item, she was not in attendance when this vote was taken. Ms. Ciccolo served as Acting Chair Upon motion duly made and seconded, it was voted 4-0 by roll call at 6:33 p.m. to go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining related to the Lexington Municipal Management Association (LMMA) and to reconvene in Open Session. Further, Ms. Ciccolo declared that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. Open Session was resumed at 7:00 p.m. and Ms. Barry joined the meeting as the Chairman. Public Comment Mark Sandeen, Chair, Sustainable Lexington Committee,reported that 90% of Massachusetts is experiencing severe drought conditions and over 50% of the state, including Lexington, is experiencing extreme drought conditions. The Quabbin Reservoir is at 82% capacity; Quabbin water is being diverted to help other communities with more severe conditions. State officials are recommending conservation efforts. The Sustainable Lexington Committee has three recommendations: • Raise awareness by working with the DPW on appropriate communications; • Provide municipal leadership by reducing water use by the Town; • Create a water/drought task force that develops recommendations before the 2017 irrigation season. Town Manager Report Mr. Valente reported on two events occurring on Saturday, October 15, 2016. At 9:30 a.m., the library is holding a ribbon cutting ceremony as they celebrate the recent completion of renovated spaces, with an open house until noon. All funds used for the library projects were donated. Between 1:00 and 3:00 p.m. the Fire Headquarters is holding its annual open house with various displays and exhibits. 70-51 Selectmen's Meeting—October 13, 2016 20/20 Vision Committee Survey Mr. Pato reported that the 20/20 Vision Committee, with support from the three elected boards, plans to distribute a Town survey to seek citizen participation in identifying the aspects of our town that are of greatest interest and concern. The results of this survey will be broadly shared with the Town's decision makers to serve in guiding both their decision making and the 20/20 Committee in identifying areas deserving further review. Previous surveys were conducted in 2007 and 2012. The Selectmen have received the 2012 survey for review. Suggestions for new or changed questions are being solicited to assure that planning reflects the community's shared vision. Comments are due by the end of October. In response to questions, Mr. Pato said that the survey will be available on-line; hard copies will be available in the library, Town Offices and the Lexington Community Center; and hard copies will be available in Mandarin. It was generally agreed that translating the survey into Indian languages and Korean would be pursued. Also, names of buildings need to be updated. Ms. Barry suggested including a section on communication to determine where people get their information. Mr. Cohen suggested adding questions about the town's open spaces to determine awareness of the Town's purchases and preservation efforts. Mr. Pato verified that he had received Ms. Ciccolo's written comments. FY2017 Water and Wastewater Rates Mr. Addelson reported that this is the third meeting with the Board on proposed water/ wastewater rates for FY2017. On September 12, the Board reviewed the results of FY2016 Water and Wastewater operations; billed usage and retained earnings histories; the FY2017 Water and Wastewater budgets as adopted at the 2016 Annual Town Meeting (direct and indirect costs that serve as the basis for calculating FY2017 water and wastewater rates), and proposed changes to the budgets adopted last spring; and,preliminary FY2017 water and wastewater rates. On September 26, staff presented revisions to the preliminary FY2017 rates presented on September 12, suggesting a 2.8% combined FY2017 water and wastewater increase based on various assumptions. The Board took public comments. Using a handout, Mr. Addelson reported that recently collected data for 2016 irrigation use by some households indicates increases considerably greater than had been estimated. If the higher use reflects town wide increases in irrigation use, the 2.8%rate increase would result in more water revenue than originally estimated. Mr. Addelson identified three options for the Board's consideration, as described in his memo to the Town Manager dated October 11, 2016 and distributed to the Board. • Option 1: Adopt the 2.8% increase with the understanding that the excess retained earnings would be available for use at the 2018 Annual Town Meeting (ATM). 70-52 Selectmen's Meeting—October 13, 2016 • Option 2: Adopt the 2.8% increase with the understanding that, in anticipation of the additional revenue being certified on July 1, 2018, staff would accelerate its use of projected July 1, 2017 retained earnings for cash capital at the 2017 ATM. • Option 3: Revise the estimates and reduce the combined increase to 1.1%. Options 1 and 2 potentially provide financial benefits related to funding capital projects and are more likely to avoid spikes in future rate increases than Option 3. There was discussion about the potential impact of a continued drought. Mr. Bartenstein, Vice Chair & Secretary, Appropriation Committee, expressed opposition to Option 1 because excess funds sit idle for too long. He supports either Options 2 or 3 but prefers 3 because it is not clear whether the Water Department will have the need for expanding its capital projects to the extent funding would be potentially available at the 2017 ATM under Option 2. Mr. Kanter, Vice Chair& Clerk, Capital Expenditures Committee, expressed support for using excess funds for capital projects and suggested that the water rate tiers be used to encourage conservation. Each Selectman expressed support for Option 2. Ms. Ciccolo noted that higher rates encourage conservation. Mr. Cohen asked that the reference to drawing down the certified reserve account at the 2017 ATM be removed from the motion. Upon duly made and seconded,the Board voted 5-0 to approve proposed FY17 water and wastewater rates shown as Option 2 on the memorandum, Proposed FYI Water and Wastewater Rates Options for Consideration by the Board of Selectmen,from the Assistant Town Manager ofFinance to the Town Manager dated October 11, 2016, with the removal of reference to accelerating the use of retained earnings at the 2017 ATM. In response to a question about using Water Department funds to repair Bedford Street damage caused by a water main break, Mr. Pinsonneault said that costs would be covered by either Water Department funds or the road program. It is not clear whether this can be completed in this construction season. Center Streetscape Design Review Ad Hoc Committee (Center Streetscape Committee), Tier 1 Report Mr. Pinsonneault reported that, from the perspective of the DPW, the Center Streetscape Committee's report was generally consistent with plans that had been previously developed or considered, and the staff comments being presented are of a technical nature. The handout Staff Comments, September 26, 2016 Tier I Report, Center Streetscape Design Review Ad Hoc Committee identified 19 items. Mr. Pinsonneault highlighted the following: 70-53 Selectmen's Meeting—October 13, 2016 • Comment 1: Some of the recommended terminology is inconsistent with the way bid specifications are generally written. Maintenance will depend on staffing and financial resources. • Comment 7: It may not be advisable to require a new roughness index standard. • Comment 10: Staff suggests replacing existing ramps only where adjacent sidewalk is being replaced. • Comment 15: Staff questions the identification of deficiencies in the Waltham Street to Muzzey Street sidewalk project. • Comment 18: Illumination versus lumination terminology needs to be clarified. He added that staff is currently preparing comments on Tiers 2 and 3, and throughout this process DPW has been considering safety, aesthetics, and cost. These criteria need to be balanced, and the Board's input will be critical. Board members expressed appreciation for the work that had been done and encouraged further communication between staff and the Center Streetscape Committee to resolve the technical issues. Mr. Pinsonneault reported that the staff and the Center Streetscape Committee have engaged in an on-going dialogue. It was agreed to identify a block of time early on the Board's November 7 agenda to facilitate a more comprehensive discussion. Mr. Cohen hopes that this process demonstrates to the public that the Board has not taken a position. In response to questions, Mr. Valente reported that the DPW has submitted a capital request for this project, and he will be working with staff in early December to finalize a capital plan for submitting to the Board in January. Mr. Cohen noted that the funding process does not require a position by this Board until closer to ATM. Although he is a Center Streetscape Committee member, Mr. Himmel commented as a resident and Town Meeting member because he had not been authorized to speak for the committee. He suggested that the committee and staff are not as out-of-sync as it may sound and concurred that they were engaged in a collaborative effort. He added that all of those involved need to continue to work towards a consistent message and a plan that makes us proud. He suggested that since the sidewalks in the center were constructed in 1990, they would have been Americans with Disability Act(ADA) compatible; the Town needs to decide whether meeting those ADA regulations is adequate. He also commented that construction costs are escalating. State Mandate Determination Regarding Early Voting Mr. Valente reported that the Town Clerk is asking whether the Board of Selectmen will support a request to the State Auditor's Office to make a determination as to whether the new law requiring early voting for state elections is a State mandate that would require legislative funding under the State Mandates law. Lexington plans to join with other towns in asking this question. The new early voting law requires that for 10 days prior to the election, election workers must be available during office hours, which means incurring some additional cost. Lexington also plans 70-54 Selectmen's Meeting—October 13, 2016 to allow voting two Thursday evenings and Saturday. It is anticipated that early voting will expand in future years. Upon motion duly made and seconded, the Board voted 5-0 to support the Town Clerk's request that the State Auditor determine whether the early voting for State elections is a State mandate. Board of Selectmen's Appointment to the Permanent Building Committee Mr. Valente asked the Board of Selectmen to appoint Robert Cunha and Joe Sirkovich to the Permanent Building Committee for the Fire Station project. Upon motion duly made and seconded, the Board voted 5-0 to approve Robert Cunha and Joe Sirkovich to the Permanent Building Committee as user agency members for the Fire Station proj ect. Selectmen Committee Appointments & Resignation Ms. Barry noted that the Historic Districts Commission (HDC) has two unexpired full openings for Lexington Historical Society designated nominees. One expires in 2017; the other in 2020. The Historical Society submitted four names for consideration: Robert Adams, Edward Adelman, Mark Connor, and Jon Himmel. All are architects and their r6sum6s were provided as handout material. Board members have had the opportunity to talk with them. Ms. Ciccolo, Mr. Cohen, Ms. Barry, and Mr. Pato expressed support for Mr. Adams and Mr. Adelman. Mr. Kelly supported Mr. Connor and Mr. Adelman. Ms. Barry suggested that because Mr. Adelman received more support than Mr. Adams, he be appointed to the term that expires in 2020. Upon motion duly made and seconded, the Board voted 4-1 (Mr. Kelley against)to appoint Mr. Adelman to the HDC to fill the unexpired term of Lynn Hopkins (2020) and Mr. Adams to fill the unexpired term of Paul Ross (2017). Ms. Barry recommended approving Mary Haskell's resignation from the Tax Deferral and Exemptions Committee, effective immediately. Upon motion duly made and seconded, the Board voted 5-0 to accept the resignation of Mary Haskell from the Tax Deferral and Exemptions Committee. Sign State Election Warrant: Ms. Barry reported that the Town Clerk is requesting approval of the State Election Warrant for the November 8, 2016 election. Upon a duly made and seconded motion, the Board voted 5-0 to approve and sign the State Warrant. 70-55 Selectmen's Meeting—October 13, 2016 Cast Vote—Metropolitan Planning Organization (MPO) Mr. Valente explained that Richard Canale, the Board's designee to the Boston Region MPO, recommends voting for the MPO representatives from Framingham, Bedford, Somerville and Braintree. All are running unopposed for re-election. Upon motion duly made and seconded, the Board voted 5-0 to authorize the Chairman to sign the Absentee Ballot for the MPO election for the representatives of the towns of Framingham Bedford and Braintree, and the city of Somerville. Consent A_eg nda Upon motion duly made and seconded, it was voted 5-0 to accept the Consent Agenda: Adjustments of Water and Sewer Charges: Approve Adjustments of Water and Sewer charges as recommended by WSAB ($34,723.12). Approve Minutes and Executive Session Minutes: Approve the Board meeting minutes of August 2, 2016, August 15, 2016, August 19, 2016 and August 30, 2016; approve and not release the Executive Session minutes of August 2, 2016 and August 15, 2016 Approve One-Day Liquor License—Wilson Farm: Approve Wilson Farm's request for a one-day liquor license to serve wine at their "Pumpkin Floral Arrangement Workshop", which takes place at their location (Pleasant Street) on Thursday, October 20, 2016 from 5:30 p.m. until 7:00 p.m. Approve One-day Liquor License—Nellio's Catering: Approve Neillio's Catering request for a one-day liquor license to serve beer and wine at a "Sons of American Revolution" event which takes place at The Depot on Thursday, December 8, 2016 from 6:00 p.m. until 10:00 p.m. Executive Session Upon motion duly made and seconded, it was voted 5-0 by roll call at 8:20 p.m. to go into Executive Session under Exemption 3 to discuss strategy with respect to potential litigation related to the property at 430 Concord Avenue and under Exemption 6 to consider the purchase, exchange, lease or value of land at 20 Pelham Road and/or 171-173 Bedford Street, declaring that an open meeting discussion may have a detrimental effect on the litigating position of the Town and declaring that at the conclusion of the Executive Session, the board will reconvene in open session only to adjourn. Ms. Ciccolo recused herself from the discussion on Pelham Road. Open session reconvened at 10:17 p.m. 70-56 Selectmen's Meeting—October 13, 2016 Upon motion duly made and seconded, it was voted 4-0 to adjourn at 10:17 p.m. Because Ms. Ciccolo had recused herself during the Executive Session, she was not in attendance when this vote was taken. A true record: Attest: Sara Arnold Recording Secretary 70-57 Selectmen's Meeting October 24, 2016 A meeting of the Lexington Board of Selectmen was held on Monday, October 24, 2016 at 7:00 p.m.in the Selectmen's Meeting Room of the Town Office Building. Ms. Barry, Chairman; Mr. Kelley; Mr. Cohen; Mr. Pato; and Ms. Ciccolo were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. Selectman Concerns and Liaison Reports Ms. Barry congratulated the Lexington High School football team for singularly securing the Middlesex League Liberty Division title for the first time in 34 years. The team now proceeds to the playoffs, starting with a competition against Andover on October 28. Town Manager Report Mr. Valente shared five items: Today, the first day of the new Massachusetts Early Voting initiative, 460 individuals cast their ballots in Lexington. The polling location is in the Cary Memorial Building. Reports from the Town Clerk are that the process went smoothly and people were excited. Early voting will continue leading up to Election Day on November 8 and include Thursday evenings and Saturday, October 29. Early voters can use the dedicated parking spaces and tagged meters close to the building for their convenience. At the end of October, some pedestrian safety improvements will be made in the Center. Bump- outs will be installed on both sides of Massachusetts Ave. at Meriam Street to shorten the width of the road. This project follows a couple of accidents involving vehicles and pedestrians and was recommended by the Transportation Safety group and supported by the librarians who park at the Church of the Redeemer and then cross the street to get to work. The roadway in front of the Public Services Building on Bedford St. will be resurfaced on Friday, October 28, to address road damage caused by a water main break last winter. Bedford St. will be closed at that point and detours will redirect the often heavy traffic around the work site. Motorists are advised to seek alternate routes. The town building roof-top solar project has yielded greater-than-estimated revenue from its first year, bringing in $165,000, which includes income from energy generation plus taxes/PILOT payments. This is approx. $16,000 more than projected. Staff met last week with representatives from Hanscom AFB and the NBC/Universal weather team of meteorologists to discuss a plan to install a 155 ft. Doppler weather tower on the base. The tower would serve not only NBC but also the Air Force and Massport. This project is still in the evaluation stage. Staff provided comments at the meeting; abutters are notified via this evening's announcement that the tower is under consideration. 70-58 Selectmen's Meeting—October 24, 2016 Public Hearing—RCN Change of Ownership Ms. Barry recognized the presenters for this hearing, Dave Buczkowski from the Communica- tions Advisory Committee (CAC); Tom Steele from RCN; and Tara Corvo from Mintz Levin PC representing TPG. Ms. Barry then opened the Public Hearing at 7:09 p.m. and read the Public Hearing notice into the record. Mr. Buczkowski said Mr. Steele and Ms. Corvo would explain TPG's qualifications,proposed transfer of ownership, and the benefits to Lexington consumers that will flow from the transfer. Ms. Corvo guided the meeting through a Power Point presentation about the ownership transfer, covering several main points: • How will the system ownership will change? The local RCN franchise is an indirect subsidy of Yankee Cable Partners, an affiliate of ABRY Partners VI, an investment fund. An entity affiliated with TPG Partners VI has agreed to acquire control of local RCN franchises. After the transaction closes, Radiate Holdings, a limited liability partnership owned and controlled by TPG, will control the local RCN franchises. All local entities will remain the same as today so there will be continuity of management. • Who is TPG? TPG, like ABRY, is an investment company that was founded 24 years ago and is now controlled by David Bonderman and James G. Coulter. Ms. Corvo called TPG one of the most active private equity investors in the internet ecosystem with $73 billion in assets under management. In the fund that will own RCN, there is currently over $813 available to provide equity financing. TPG has created a fund specifically to invest in RCN and has attracted investors to participate in that fund. • How the transaction will be financed? The aggregate purchase price of RCN is approximately $1.613, of which a certain portion will be used to refinance RCN's existing debt. An additional $1.82513 of new debt will be split between a seven-year senior secured term loan and eight-year senior unsecured notes. Another $528M will come from TPG investors and a five-year, $150M credit line has been made available for future investments and general liquidity. • Who will run and manage the system? As stated above, the continuity of management will mean that current management and labor force will remain at the local level. Additionally, two Patriot Media executives will serve on Radiate's board of directors and other board members will be appointed by TPG and Google Capital, a minority partner. • What are the benefits of the transaction? 70-59 Selectmen's Meeting—October 24, 2016 Continuity of service and relationships with the same people currently affiliated with RCN locally will assure a seamless transition between owners. Additionally, service upgrades planned by RCN will proceed as planned. Tangentially, TPG will simultaneously acquire Grande, another cable/internet/wifi provider, and this acquisition will expand and improve RCN programming and operating efficiencies. The entire system will become faster due to an upgrade to DOCSIS 3.1. Current status of the ownership transition is: approval by anti-trust authorities has been obtained. FCC approval and the consent of several states and localities are required before closing; so far, no concerns have been raised. The expected closing date is the first quarter of 2017. David Becker of the Communications Advisory Committee (CAC) asked about the status of tentative plans to rebuild RCN's system. Ms. Corvo said the project will kick off in November, even before the sale to TCP is final. She is unsure where in the queue Lexington falls so could not give an exact date for the local rebuild phase. Mr. Buczkowski asked for information about TPG managers David Bonderman and James G. Coulter. Ms. Corvo said Messrs. Bonderman and Coulter are the directors of TPG; they control the direction of the funds but they do not control the equity of the company which is controlled by the investors. Patriot Management will play the ground-level role of day-to-day management. The fund has been completely secured through legally binding investor commitments. David Kanter, Precinct 7 Town Meeting member, asked if the increase in system capability will be accompanied by an increase in cost to subscribers. Mr. Steele and Ms. Corvo explained that RCN, with a smaller market share of customers, must keep subscription rates in line with other providers to remain competitive. Rates are set every year but bill increases are driven largely by voluntary programming options, seen on invoices as surcharges. Mr. Buczkowski said further comments on the change of ownership should be submitted by November 7. Ms. Barry closed the Public Hearing at 7:30 p.m. MassDOT Presentation Proposed Solar Installation for Route 128 Noise Barrier Wall Ms. Barry recognized Eric Wood from Ramboll Environmental; James Cerbone,project manager for MassDOT Environmental Services, Aiman Alawa, NuWatt Energy; and Mohammed Siddiqui,president of Solution Sales Management(SSM)to present information about a proposed solar panel installation on noise barriers along a 3,300 ft. stretch of Route 128 near Robinson Road in Lexington. A fifth team member, Ko-tech,was not in attendance. If this pilot project goes forward, it would be the first of its kind in the Western Hemisphere, although the technology has been applied in parts of Europe and Asia. 70-60 Selectmen's Meeting—October 24, 2016 Mr. Wood said the assembled team presents a variety of necessary skill sets: comfort with working in a highway environment, acoustics, understanding the design of the barrier itself, solar energy technology, structural engineering, investments and financing,permitting, community relations, and sustainable development. Several visual renderings of the barrier-mounted solar panels were shown. Mr. Alawa said that of the identified 3,300 ft. barrier expanse, the proposed installation would encompass about 2,500 ft., involving 166 wall sections. The size of the system is 650 kilowatts with an annual production value of 825,000 kWh, enough to supply energy to 120 homes and a gasoline equivalent of 45,000 gallons. The solar panels would be seen from the highway but not from the abutters' side, with the exception of the back of the top panel. There might be the need for a transformer on Robinson Road, which can be sited on property already owned by MassDOT. Mr. Wood said this stretch of highway was chosen after an analysis of 20 sites in Massachusetts. Qualifying factors include best orientation/compass heading; snow removal; reflectivity; acoustic effects and other criteria. A first phase of site testing was completed that included acoustic modelling to ensure no additional noise disturbance would result. The team emphasized that this project is considered a pilot: everything will be closely monitored and evaluated to ensure results are consistent with modelling. If not, the panels can be removed. The project is a public/private partnership conducted with no expense to the taxpayer. Mass DOT will get renewable energy credits and the Town can tax the panels as third party usage of State property. Additionally, the assembled team's presentation is conceptual, meaning it still has to prevail in the RFP/RFQ process to be awarded the contract for installation. Ms. Ciccolo asked for information about the noise modelling that was done and what sort of testing would be done after the panel installation. Mr. Wood said the modeling was done by professional acoustic engineers from the Ramboll UK offices. A set of criteria for successful/ unsuccessful outcomes will be developed based on decibel levels. Mr. Wood said the data so far indicates a net(+ or—) 1 decibel change from current levels. Monitoring stations would be established; if the readings did not match the modeling, the pilot would be considered a failure. Mr. Cerbone said three hurdles of pre-approval regarding noise levels have been received from Federal highway officials, the State and MassDOT. The monitoring software was developed by Odeon in Amsterdam and is considered a well-established noise monitoring method. Included in the noise modeling scope are multiple dates/times, weather conditions, and traffic counts. A third parry, VHB, reviewed the results to assure objectivity. In case the neighbors object to the visuals, Mr. Kelley asked if it would be necessary to have the top row of panels in order for the project to succeed. Mr. Alawa said the size of the system has to be 650 kilowatts. The panels are planned to be oriented in portrait mode on some parts of the installation and in landscape mode on other sections. The team is trying to get as much production as possible out of a limited area but he suspected that the design could be altered so 70-61 Selectmen's Meeting—October 24, 2016 that the panels were installed in portrait mode, on the face of the wall only. However, that would result in reduced production. Following a green light by the Selectmen, the next step would be public outreach in the form of a meeting with abutters. The team expressed a preference to convene at the site itself. Mr. Cerbone said MassDOT can work with the Town to coordinate a meeting in the next month or so. He anticipates getting shovels in the ground in June 2017 because the RFP process will take several months and the details of the revised renewable energy credit program have yet to be released. Mr. Cohen said the Robinson Road neighborhood fought for years for the noise barriers to be erected and the individuals active in that initiative would be good contacts for outreach. Mark Sandeen, Chair of Sustainable Lexington, reported that his group voted unanimously to support this project. To put it in context, the highway barrier project is about 60% of the size of Lexington's rooftop panel installation and it would generate the equivalent of Lexington's municipal demand. The group is enthusiastic about the location because it does not interfere with how the site is already used and because success here would provide a beneficial model for the rest of the country. State Representative Jay Kaufman said he had heard an earlier version of this presentation two months ago and he finds it exciting that Lexington is breaking new ground. He added he was impressed with the quality of thought that has gone into the project. Dawn McKenna, 9 Hancock St. and Town Meeting member, said her biggest interest is monitoring the noise impact to the neighborhood. In closing, Ms. Ciccolo and Mr. Pato both expressed enthusiasm for the project. Preliminary Report of Town Manager's Solid Waste Task Force Ms. Barry recognized David Pinsonneault, DPW Director; Robert Beaudoin, Superintendent of Environmental Services; and Larry Belvin, a member of the Solid Waste Task Force. Mr. Beaudoin presented options for the new trash and recycling contract that will begin July 1. 2017. The Board is being asked to comment on three possible options to be included in the RFP which will be released in late November. The Task Force recommendations come after six weeks of discussion among ten members: four Town employees, two Selectmen, and four citizens representing groups such as Sustainable Lexington, the League of Women Voters, and the Council on Aging. Beyond the main focus of the new contract, discussion topics included education and outreach. The current trash and recycling system is a weekly pick up for both. Bulky items, white goods, electronic waste, scrap metal items are picked up by prearrangement and yard waste is collected 24 weeks of the year. For the new contract, added alternatives could include organic waste pick up from the schools with an option for residential participation on a paid subscription basis. 70-62 Selectmen's Meeting—October 24, 2016 Another possible change is adding another 11 weeks of yard waste collection. Manual single- stream curbside recycling is another possible change; a second alternative would keep the dual stream status quo recycling model as today but have the materials transported to a facility in Wellesley rather than the current destination as determined by JRM, the recycling hauler. The vendors are bidding to take the recycling where they wish to take it. The Wellesley option is of interest because Wellesley is one of the only municipalities that has its own baler and separator to manage recyclables. Keeping the current dual stream recycling system—as opposed to changing to single stream—means that materials stay cleaner and are therefore more manageable and marketable. If the Wellesley option for recycling is adopted, solid waste refuse would continue to be transported to Wheelabrator North Andover. Other options the Task Force discussed were automated collection (one driver/no other laborers) which would necessitate standardized toters of dimensions from 32 to 96 cu. gallons. Currently, there are two trucks that manage trash with a driver plus one/two assistants, and two recycling trucks with one driver and one/two assistants. One bulky item per week on a pre-arranged basis would be included in this format; in this scenario, manual pick-up of single-stream recycling would be transported to whatever facility the hauler chooses. Another option discussed was weekly automated curbside collection with a toter and weekly automated single-stream recycling. Bulky items and other special collection management would remain the same as the current format. A second version of this option would provide weekly automated refuse collection but biweekly recycling. The Task Force does not recommend this final option. It was noted that Lexington adopted weekly recycling 13-14 years ago. Other action items identified by the Task Force were: education outreach(that would be spelled out specifically in the RFP); current trash limit of 6 bags/barrels reduced to 3 or 4 per week; enforcement of the mandatory recycling bylaw; and requiring haulers to use alternative fuel vehicles. The last time Lexington posted a refuse contract RFP, 7 companies submitted bids. Ms. Ciccolo asked for more information about optional residential organic waste collection. Mr. Beaudoin explained that the schools are currently served by an organics/compost collection program. If residents want to participate, they could be offered subscription rates for curbside household pickup. A 12-gallon container would be collected weekly. The kinds of foods included are not only fruits and vegetables but also meats and cheeses. Mr. Pato said he and Mr. Kelley were the selectmen involved in the Task Force and he was impressed by the amount of research the group did on the various options under consideration. Discussions focused attention on community education, ways to make recycling more effective, and ways to minimize recycling contamination to yield a better product for the service providers. Elaine Ashton, 32 Cliff St., asked the Task Force to consider getting the schools involved in composting and/or re-purposing food(as appropriate), citing Food Link as an example. 70-63 Selectmen's Meeting—October 24, 2016 Mr. Kanter, Precinct 7 Town Meeting member, said he was supportive of the automated pick up method but asked how it would work in multi-unit complexes that each have their own particular logistics. Mr. Beaudoin said the toters would probably have to be wheeled to a central pick-up area(s) within the complex. The vendor might be able to suggest how to manage this change. Diane Bigelow, 15 Bellflower St., said there are groups willing to come to homes and schools to collect food that should not be tossed. Mr. Beaudoin said it can be difficult to ensure the hygienic integrity of that type of food. The State, through the EPA, is moving toward food and organics collection but is first focusing on large food waste generators, such as cafeterias. Mr. Beaudoin said he would bring up the matter with the Town's Facilities Department. Mr. Sandeen, Chair of Sustainable Lexington, asked if the Task Force had a preference among the options identified. Mr. Beaudoin said there was no preference but added that it will be interesting to see how the options play out in contract pricing. The contract award will consider factors such as delivery of service, references, and company track record. Ms. Ciccolo encouraged inclusion of the clean fuel vehicle element in the RFP, as long as doing so did not add substantially to the cost. On motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize the DPW to include in the Trash and Recycling Collection Request for Proposals Options 1, 2, and 3 as well as the addition of a clean fuel vehicle request. Preliminary ReviewFY18 Capital Plan Ms. Barry recognized Assistant Town Manager for Finance Rob Addelson, to address the preliminary list of Capital projects. Mr. Addelson cautioned that inclusion on the list does not ensure a project will go forward and he noted that School projects on the list have yet to be approved by the School Committee. All projects were submitted to the Capital Expenditures Committee on October 21 and, where applicable, also to the Community Preservation Committee. CEC will begin its review process this week and,per usual, departments will meet with CEC to discuss their submissions. CPC will follow a similar procedure. The preliminary list is being presented now to the Selectmen for questions and comments. Mr. Valente provided background detail for several items on the list that may be less familiar to Board members. Project 41030 Wright Farm additional site assessment CPA funding was committed a couple of years ago to purchase a second parcel at Wright Farm that included the house and the barn. Subsequent discovery of pesticide contamination around the barn necessitated mitigation and the cost of that mitigation has exhausted funds intended for re-use/conservation purposes. Another $70,000 (CP) is requested for FYI 8. 70-64 Selectmen's Meeting—October 24, 2016 Project 41032—Stone Building Analysis This is the former East Lexington Library. Every year, the question is asked whether a new purpose for the building can be found. Staff has been meeting/discussing the matter and there have been exchanges of ideas with the Historical Society. This proposal asks for $25,000 (CPA) in FY18 to hire a consultant to analyze the building and present a list of potential cultural uses (such as a museum, arts space, etc.)while keeping the second floor as a lecture venue. Project 4564 Lexin tog n High School Heating Systems Upgrade This project has been on the list for several years and the amount has grown over time. Now, the high school question is larger than it was originally and Mr. Valente said it may be time to step back from a piecemeal approach to addressing LHS needs. The Selectmen will engage with the School Committee about what direction to take but, for the time being, the project is on the Capital list for $200,000 (levy) in FY18 and $20,629,000 (levy) in FY19. Project 4835 Visitors Center Mr. Valente said this project will stay on the list but it is difficult to see how it will be funded in this round. Currently, the project is shown as a two-year request: $118,000 (levy) in FY18 and $3,815,000 (levy) in FY19. Project 4898 School Traffic Safety Improvements The Transportation Safety Group and the Schools brought forward a multi-year, multi-million dollar phased project to improve school traffic safety: $183,000 in FY18; $1,311,200 in FY19; $2,122,200 in FY20; $1,472,300 in FY21; $1,220,200 in FY22 (all from the levy). Because of the significant investments being made in the schools and the burden those will place on the taxpayers, Mr. Valente expressed concern that these additional investments may be difficult to embrace. Project 4850 Hartwell Ave. Infrastructure Improvements Supplemental About$4.3M was previously approved by TM to address the area around the Maguire Road/ Hartwell Ave. intersection. However, a small bridge over a stream/culvert now needs to be replaced, adding another $2.185M (levy) to the price tag. There is significant utility infrastructure in that area, complicating how the road and bridge must be engineered. Project 4940 Westview Cemetery Building Assessment The most likely option for this building is a totally new construction rather than a renovation. New construction would allow improvement/expansion for staff work space as well as accommodation for families needing to consult on burial arrangements. Relatedly, the Town has looked at its cemetery fees and discovered its fees are far less than surrounding towns; increased rates could help fund the project. A proposal for rate changes will be forthcoming at an upcoming Selectmen's meeting. For now, the project is included on the Capital list for $270,000 for FY18 (levy) and $2.66M for FY19 (levy.) 70-65 Selectmen's Meeting—October 24, 2016 Mr. Pato noted that project 4732 Center Track Field Reconstruction—might be best postponed until after the probable high school reconstruction. Mr. Pato also wondered if project 41014 Cricket Field Construction—currently scheduled for FY22, could be moved up since he, and presumably the Town as well, receives a lot of inquiries about the project's status. Mr. Kelley said he would like to encourage the Board to have a conversation about the Visitor's Center and the relatively low cost compared to the benefits it would bring to the town. Ms. Barry asked about project 4980 Bedford St. at Eldred St. Safety Improvements. Mr. Valente said the Transportation Safety Group has had this area in its sights for some time because there is a bus stop at the intersection that is used regularly but dangerous to access. MassDOT would have to approve any improvements because Bedford Street at that juncture is a State road. Initial discussions with MassDOT have been positive with the result that the State is amenable to adding a"hawk" on-demand traffic control device. The hawk is more expensive than the $50,000 flashing light originally planned for the site, so this line item will be amended to $175,000 (funding source listed as Other). Ms. Barry questioned the dollar amount associated with project 4644 Sidewalk Improvements—saying she remembered $800,000 as the yearly set-aside for sidewalks instead of the approximate $600,000 (levy) shown on the list each year through FY22. Ms. Ciccolo remembered the $800,000 figure as well. Ms. Barry also clarified that project 4645—Dam Repair—was the dam at the Old Res and project 4883 Bikeway Bridge Repair—was the bridge on Grant Street. Mr. Cohen asked whether the yearly $100,000 (levy) listed for project 4981 Transportation Mitigation—was associated with any specific project(s). Mr. Valente said there is $30,000 in the current year allotted for Transportation Mitigation that has already been committed but there remains a long line of mostly neighborhood projects (signage, bump outs, flashing beacons at school crossing, etc.) still to fund. He explained a yearly $100,000 is being recommended because, currently, if a neighborhood requests a relatively minor improvement, funding must wait for a year. If this item is approved, the Town will be able to respond more quickly to pedestrian and bicycle safety issues that have become a community priority. Mr. Cohen asked whether project 41009 Munroe Window Study for $720,000 (CPA) is for the windows themselves rather than for a study. Mr. Addelson confirmed that it is for the windows; the word "study"will be removed from the project title. Project 4554 Street Acceptance for $147,000 in FYI (Other) has to do with Harbell St. Mr. Pinsonneault said a presentation about this project will be made at an upcoming Selectmen's meeting. Mr. Cohen noted project 4966 Community Center Sidewalk—for $200,000 (CPA) in FYI 8. Mr. Cohen said more study should be done before funds are committed to this project. 70-66 Selectmen's Meeting—October 24, 2016 Ms. Ciccolo said she would like to schedule a presentation on the Cotton Farm Conservation Area Improvements—listed as project 41037 for $300,403 (CPA) in FY18. Noting that there is no funding listed for project 41033 Affordable Units Preservation—Ms. Ciccolo asked if the Town has a strategy to purchase deed restricted affordable housing so as not to lose it from the inventory. She is aware that some communities create an Affordable Housing Trust for this purpose. Mr. Valente said there would be a discussion on the subject of affordable housing later in the meeting. Ms. Ciccolo commented on project 4738 45 Bedford St. Fire Station Replacement saying that the setback of the building and turning lane configuration warranted careful consideration at that already complicated intersection. On project 4554 Street Acceptance—Ms. Ciccolo wants to make sure streets that the Town plows/maintains are all officially part of the street inventory to ensure that Ch. 90 monies are maximized. Rob Pressman, 22 Locust Avenue and CPC member, said the Committee has received a large number of funding requests for this round of Capital projects and it would be helpful to know the Board's positions,particularly on the multi-million dollar, multi-year Center Streetscape proposal. CPC is still retiring a substantial amount of debt for Cary Memorial Library, the Community Center and Wright Farm. Mr. Pressman says he counted over $13M earmarked for Historic Preservation through FY22 and $6.8M for Recreation. However, for Affordable Housing, there is zero. He hopes this year there will be some progress on the Leary parcel, set aside by Town Meeting 8 years ago for affordable housing. Dawn McKenna, Tourism Committee Chair, applauded Mr. Kelley's support for funding the Visitors' Center and hoped staff time will be allocated to identifying alternative sources of funding for the project. Investing in the Visitors' Center, like investing in Hartwell Avenue, is a strategic element of Lexington's economic development, Ms. McKenna said. She also noted that the Tourism Committee recommended value engineering for the $3.8M project but that it has not yet been done. Ms. McKenna said Lexington co-sponsored a listening tour in conjunction with the State and Rep. Corey Atkins, Chair of the Legislature's Arts, Cultural, and Tourism Council. One of the things learned from this initiative is that the Massachusetts Cultural Council has a Facilities Re- investment Fund and Lexington might be eligible for a $300,000 grant. Additionally, the Tourism Committee is considering funding a study that would demonstrate the positive impact of investing in visitors' centers. Ms. McKenna asked what the $118,500 listed for the Visitors' Center project was for. Mr. Addelson said the funds were for the design and engineering phase that precedes construction. 70-67 Selectmen's Meeting—October 24, 2016 Ms. Kenna said the Tourism Committee was under the impression no additional funding would be needed before the construction phase. Mr. Kanter, CEC, thanked the Town's budget officer, Jennifer Hewitt, for coordinating the upcoming project presentation meetings with proposal submitters. He asked that the revisions made to the list this evening be made available electronically as soon as possible. Miranda Clarke, 18 Hill St, reported that a new sidewalk project has begun to formulate based on the condition of Hill Street. The Transportation Safety Group has sent out a survey of residents and is awaiting responses, with the idea of adding Hill Street to the sidewalk waiting list. Mr. Cohen said he had spoken before the meeting with Ms. Clarke and hoped this project could be addressed as soon as possible. Update Charge—Tax Deferral and Exemption Committee The discussion of this item was deferred to a later date as there are more revisions to be made. Authorize Town Manager to Sign Closing Documents171173 Bedford Street The closing of the sale to the Town of 171-173 Bedford Street is scheduled for October 27. Mr. Valente asked for the Board's approval to move ahead with the purchase by authorizing him to sign the necessary closing documents. On motion duly made and seconded, the Board of Selectmen voted 5-0 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 purchase of the Property in accordance with that certain Purchase and Sale Agreement by and between the Town, as buyer, and Liberty Mutual Insurance Company, as seller, and the applicable Town Meeting vote, including without limitation delivering closing funds and signing deeds, leases, closing forms, closing documents, and settlement statements. Town Manager's Appointment—Commission on Disabilities On motion duly made and seconded, the Board voted 5-0 to approve the Town Manager's reappointment of Michael Martignetti to the Commission on Disability. Mr. Martignetti has been a member of the Commission since 2003. The reappointment is contingent upon receiving a copy of Mr. Martignetti's Ethics Training certificate. Selectmen Committee Appointments & Resignations On motion duly made and seconded, the Board voted 5-0 to appoint Pamela Joshi as a member of the Tax Deferral and Exemption Committee with a term ending September 2018; and further to appoint Mark Ferri as a member of the Council for the Arts for a term to expire September 2019; and further to accept the resignation of Susan Hammond from the Council for the Arts. 70-68 Selectmen's Meeting—October 24, 2016 Consent A_eg nda Approve Minutes and Executive Session Minutes On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the minutes of March 2, 2016; March 7, 2016; March 8, 2016; March 14, 2016; March 16, 2016; March 21, 2016; March 23, 2016; March 28, 2016; and March 30, 2016. And further, to approve and not release the Executive Session minutes of March 7, 2016; March 8, 2016; March 28, 2016; and March 30, 2016. Mr. Pato noted several non-substantive spelling and clarity revisions in the open meeting minutes prior to acceptance. He will submit his edits to the Executive Clerk's office. Executive Session On motion duly made and seconded, the Board voted 5-0 by roll call to enter Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, Belmont Country Club/Hanover Development Parcel and to reconvene in Open Session, only to adjourn. Further, it was declared that an open meeting discussion may have a detrimental effect on the negotiating position of the Town; And further, on motion duly made and seconded,the Board voted 5- 0 by roll call to enter Executive Session under Exemption 3 to consider potential litigation and under Exemption 6 to discuss the purchase, exchange, lease or value of real property, Pine Grove/Judges Way Affordable Housing complex, and to reconvene in Open Session only to adjourn. Further, it was declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town; And further, on motion duly made and seconded, the Board voted 5-0 by roll call to enter Executive Session under Exemption 3 to discuss strategy with respect to potential litigation related to the property at 430 Concord Avenue and to reconvene in Open Session only to adjourn. Further, it was declared that an open meeting discussion may have a detrimental effect on the litigating position of the Town; And further, on motion duly made and seconded, the Board voted 5-0 by roll call to enter Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, 20 Pelham Road, and to reconvene in Open Session only to adjourn. Further, it was declared that an open meeting discussion may have a detrimental effect on the negotiating position of the Town; Ms. Ciccolo will not participate in the Pelham Road conversation. And further, on motion duly made and seconded, the Board voted 5-0 by roll call to enter Executive Session under Exemption 2 to discuss Negotiations with Non-Union Personnel and to reconvene in Open Session only to adjourn. Further, it was declared that an open meeting discussion may have a detrimental effect on the negotiating position of the Town. 70-69 Selectmen's Meeting—October 24, 2016 Ms. Barry will not participate in the negotiation discussion with Non-Union Personnel. On motion duly made and seconded, the Board voted 4-0 to adjourn at approximately 10:00 p.m. following the close of Executive Session. A true record; Attest: Kim Siebert Recording Secretary 70-70 Joint Meeting Board of Selectmen and Planning Board October 26, 2016 A joint meeting of the Board of Selectmen and Planning Board was held on Wednesday, October 26, 2016, at 7:00 p.m. in Estabrook Hall of the Cary Memorial Building, 1605 Massachusetts Avenue. Board of Selectmen (BOS) Ms. Barry (chair); Mr. Kelley; Mr. Cohen; Mr. Pato and Ms. Ciccolo; were present along with Mr. Valente, Town Manager; and Ms. Siebert, Recording Secretary. Also present were Planning Director Mr. Henry and Assistant Planning Director Mr. Kucharsky; and Planning Board (PB) members Mr. Dunn (Chair); Mr. Canale (Vice Chair); Ms. Corcoran- Ronchetti; Mr. Hornig; and Ms. Johnson. Ms. Barry called the BOS meeting to order at 7:01p.m. and introduced the Board members. Mr. Dunn called the Planning Board meeting to order at 7:02 p.m. and introduced the PB members. Ms. Barry welcomed the audience but noted there would not be time for public comment this evening as it was a working meeting. Procedure for Meeting Minutes Ms. Barry explained that the BOS Recording Secretary will be taking the minutes for the Selectmen. Draft copies of those minutes will be shared with the PB for review,prior to approval by the BOS. Balanced Housing Development Zoning Bylaw Ms. Barry started the discussion about Balanced Housing Development(BHD)by saying the BOS has received significant public comment on the subject and the Selectmen have increasing concerns about the bylaw. Ms. Barry invited BOS members to express their individual views. Mr. Pato said the topic of Balanced Housing Development is an important one that has been discussed at BOS goal setting sessions. A number of controversial residential developments have come forward recently, seeking approval under the BHD bylaw which has caused concern among residents. Mr. Pato said BHD was intended to trade off denser housing with an affordable housing public benefit but it has met with little success and the goal of housing diversity has not been achieved. Mr. Pato hopes revisions can be made to the BHD bylaw so that density is accompanied by a generous affordable housing component. Mr. Kelley said he has received a number of complaints about BHD because residents object to increased density that is sometimes twice what is allowed by-right. One of his problems with BHD is that it doesn't protect Lexington's 10% affordability status that insulates the town from hostile 40B projects. Mr. Kelley believes any development that exceeds by-right density should have a documentable, affordable element. He wants to look into other methods by which the Town can achieve its goals. 70-71 Joint Selectmen and Planning Board Meeting—October 26, 2016 Ms. Barry noted that Planning/Housing is the fifth most important goal on the BOS high priority goal list. She affirmed that BOS members hear daily from concerned residents regarding development and its impacts on the town. Ms. Barry said she does not generally support density or destroying trees and she is struck that parcels of land that have been passed over for years are now being developed. Ms. Barry said the BOS wants to examine what the Town can do to change the bylaw so that results are more in line with desired goals. Mr. Cohen said he, too, has been contacted almost daily about new development and he shared Ms. Barry's observations about land formerly passed over that is now considered developable. He believes that meeting with the PB is an important step toward resolving issues and responding to public concerns. Ms. Ciccolo said it is important to understand that,jurisdictionally, only Town Meeting(TM) can change bylaws. As it stands, BHD allows for a density bonus and greater density often means smaller-than-conventional units. Ms. Ciccolo said the question for her is whether the density bonus should be granted without the Town receiving something in return. She suggested that Public Benefit Housing and BHD be merged but whatever modifications are made, the bylaw should achieve the goal of housing diversity so there are options in town for downsizers as well as those seeking starter homes. Ms. Ciccolo believes there should be a disincentive for raw land use and an incentive to site denser development near public transportation. Ms. Barry asked Mr. Dunn where a proposal to modify BHD might fit into the PB work flow. Mr. Dunn reported a sizable uptick in high density residential development applications, saying that in the past 12 months, the PB has received applications for over 88 units—more than have been approved in any prior year. In his 2 1/z years on the board, Mr. Dunn said the PB has approved a total of 18 units. Mr. Henry summarized the PB's discussion about the BHD bylaw: The PB has also received a substantial amount of public comment recently but even before that, the Board had already started looking into how to amend/improve the 2008 BHD bylaw. Planning is contemplating a merge of the Public Benefit bylaw with BHD which would, in effect, eliminate the Public Benefit category but fold its inclusionary elements into Balanced Housing. Mr. Henry added that the PB is contemplating an adjustment to gross floor area limitslikely that would move downwards—and the Board might also require a greater number of smaller units in new developments. The creation of one-story "flats"might be encouraged, which would appeal to seniors. The Board might also entertain the idea of payment in lieu of affordability. A draft bylaw including these concepts has been put together so it may not take too much time to prepare a Town Meeting-ready article. Mr. Canale said the PB agrees with many of the points made by the BOS. He added that the PB has always wanted to avoid conventional subdivisions because they destroy more land than denser developments. Therefore, the PB has tried to give incentives to other-than-by-right forms of housing and has, in the past, even required Special Permits for conventional subdivisions, 70-72 Joint Selectmen and Planning Board Meeting—October 26, 2016 although case law now prohibits that approach. Mr. Canale said the BHD bylaw should meet the needs of what Lexington wants to achieve but added that several years ago, TM soundly defeated an initiative for inclusionary housing in all subdivisions. To move forward again on an article of this nature, the PB would want the assurance of Town leadership support. Mr. Canale added that, if a moratorium was declared on BHD or Special Development housing, he believed it should apply to all types of subdivision. Ms. Johnson said that the devil is in the details. Conceptually, a bylaw can be well-intentioned but, when it's applied to a specific piece of land, it does not necessarily play out as envisioned. Multiple factors and multiple requirements can make it hard to apply the bylaw,particularly on land with wetland and ledge constraints that is not easily developed. Ms. Barry asked Mr. Dunn if the PB would bring a BHD bylaw revision proposal to spring TM. Mr. Dunn said it was on the PB work plan to try to do so but whatever was brought forward had to be able to garner the support of 2/3 of TM and be of good enough quality that there would not be unintended consequences. Mr. Henry said that while the changes discussed could be easily drafted, the question is whether or not enough TM members would support it. He is not sure what has been discussed would be enough to mollify the residents who are exercised about the issue. Ms. Barry said the BOS would support nothing less than 10% affordable in any BHD development. Mr. Henry concurred with this percentage but added that there is a careful calibration in order not to dis-incentivize BHD altogether. If developers do their calculations and find they will profit even a little more for a conventional rather than a BHD, they will opt for conventional. Mr. Canale said the PB's hesitation to commit to the spring timeframe has to do with how comprehensive the proposal will be. He said there are definitely fixes that will be proposed to address the most blatant problems but the PB is unsure how far and how comprehensive the initiative can be and still be assured of buy-in from Town Meeting. Mr. Hornig agreed with Mr. Henry's comment about maintaining the weight of incentives on the BHD side and added if the requirement for affordable housing is increases, the density bonus would have to increase as well. Ms. Ciccolo said perhaps a BHD Overlay District near public transportation was worth consideration. Mr. Hornig replied that the Overlay concept might be useful in other ways. He added that if there was no BHD incentive, all new residential development would be conventional $1.7M-$2M homes. Mr. Henry said there have been discussions at the staff level—but not yet with the PB about context calibration meaning that density would be in relation to surroundings. Mr. Kelley said he did not believe it was possible to put a moratorium on by-right subdivision. 70-73 Joint Selectmen and Planning Board Meeting—October 26, 2016 Mr. Canale said a moratorium for by-right could only be brought for a compelling reason and he does not foresee one in this case. Ms. Ciccolo said she believed it was possible to limit the number of building permits approved in a year but it was doubtful an outright moratorium is allowable. Mr. Hornig agreed that a limit on buildings rather than subdivisions was possible but there has to be a strong reason to limit growth, such as sewer or water system capacity. Parking Table Bylaw and Payment in Lieu of Parking(PILOP)Policy For the benefit of the audience, Town Manager Valente gave a brief synopsis of the PILOP. Essentially, it is a mechanism by which businesses in the Center Business District can meet their parking requirement by contributing to a fund. The fund would be used by the Town to offset the cost of creating additional parking or otherwise improving parking management. Mr. Valente said it may not make sense to continue to operate with the same parking quota requirements that were established in the 1980s, before the concepts like shared parking were developed. However, businesses and property owners in the Center should bear some responsibility to contribute to a solution to a shared problem. Parking management is under the BOS but the PILOP would be administered by the Zoning Board of Appeals (ZBA)who is in a position to apply or waive parking table requirements. The long term plan is to codify the PILOP under general or zoning bylaws so that it becomes less a matter of discretion for the ZBA. As the codification process takes a long time,the PILOP would in the meantime be a policy of the BOS and a procedural recommendation to the ZBA. Ms. Barry said the PILOP ranked third (in a tie with Planning/Housing) for BOS goals this year. Additionally, Parking Requirements in Zoning Bylaw ranked twelfth. Mr. Henry said the parking table has risen to the top of the PB's high priority list as well. To that end, bylaw revisions were drafted last summer in what Mr. Henry called a town-wide PILOP. But, given the depth/breadth of changes under consideration, Mr. Henry said he now thinks it would be prudent to slow down the larger scale and focus on the Center which would provide time to create a stakeholder working group. If we get the Center right, the town-wide policy falls into place, Mr. Henry said. The strategy would be to focus on establishing clear guidelines for shared parking, revising the parking table, and to create better opportunities for parking and transportation demand management techniques, similar to the Hartwell Ave. area model. Mr. Henry added that Planning views PILOP as a last resort to be used after all other strategies have been exhausted. The complicated process of crediting or grandfathering that currently happens in the Center also needs to be addressed. Mr. Henry said it would be better to apply a more detailed, data-driven approach to parking in the Center. Planning's recommendation is to finalize the PILOP in the short term and continue to work on the zoning changes until the 2018 Town Meeting. 70-74 Joint Selectmen and Planning Board Meeting—October 26, 2016 Mr. Kelley said it is inherently unfair to require new businesses to come up with additional parking when they take over retail space in the Center. In the last 10 years, Mr. Kelley said the ZBA has granted waivers to change-of-use applications because its position has been to allow the ebb and flow of the marketplace to play out. This being the case, Mr. Kelley sees the current parking requirement as something that can be eliminated since it is not being applied. However, 21 Muzzey Street has altered the conversation because instead of changed use of existing sq. footage, 21 Muzzey is an expansion of sq. footage that adds to the Center's total. Uncertain what to do in this case, the ZBA asked the Selectmen how to proceed and this is why the PILOP was developed. Mr. Kelley welcomes recommendations from the PB but said the BOS would probably move to adopt some version of PILOP soon. Mr. Hornig said the PB sent a list of recommendations about PILOP to the BOS and he hoped they would be considered. Mr. Henry confirmed that Ms. Tintocalis' memo did incorporate those recommendations. Ms. Johnson said the PILOP would benefit from further study and advocated including adjacent homeowners in the discussion since they are affected by parking problems in the Center. She supports a complete revision to the parking bylaw, including some of the suggestions made tonight, and she recommends waiting to implement a new policy, even if waiting means a moratorium on ZBA parking waivers. She added that PILOP should not be an end run around the zoning bylaw but a part of the zoning bylaw voted on by TM. Ms. Johnson said she sees the PILOP as one approach to a larger parking issue that needs to be looked at and gotten right by creating guidelines that promote the vision for how the Center should look and function. Updating Comprehensive Plan A $360,000 Program Improvement Request(PIR) for FYI has been submitted by Planning to fund an update of the 2002 Comprehensive Master Plan. Since the 2002 revision, Lexington has changed and Mr. Dunn said, given these changes, it is important for the Town to hold public conversations about its values and its vision. Mr. Henry described the Comprehensive Plan (CP) as a multi-year planning process. Traditionally, CPs cover housing, transportation, open space,public facilities and includes not only goals but also implementation steps. Given some of the issues facing the town, Mr. Henry sees embarking on the CP process as timely but he believed a somewhat different process should take place this time around that will make the end product more valid and useful. Rather than farming it out to a consultant, Planning staff will have a deeper involvement. Consultants would be hired to play the role of facilitators. Mr. Henry said Planning sees a compelling need for embarking upon the CP process but it remains to be seen if the community will support the budget request. Ms. Ciccolo agrees with best practices that say CPs should be updated every 10 years. Having overseen the process in Hudson, MA, she recommends adding two categories—Public Health 70-75 Joint Selectmen and Planning Board Meeting—October 26, 2016 and Environment—since these were also areas of interest to Lexington. Ms. Ciccolo added that the Metropolitan Area Planning Commission (MAPQ is embarking on its own long-range plan about the future of the metro area and some of that synergy and data collection could be useful to Lexington. She cautioned Planning not to take on too much of the actual writing of the Plan itself as that can be overwhelming. Mr. Cohen agreed with Ms. Ciccolo's comments and said he looked forward to hearing greater detail during the budget process. Ms. Barry asked if the funding request was for a single year or over multiple years. Mr. Henry said, at the moment, he expects to request all the funding in a single year but the CP process will take 2-3 years. He has to be certain on the funding before contracting with outside consultants. Mr. Valente said CP funding would compete against all other Town department-submitted PIRs in the budgeting process so this request would be viewed within a context. Mechanically, at Town Meeting, it would be a separate article from Planning's FYI budget. Mr. Kelley said he cautions the Town to first take a look at the Vision 20/20 Committee before embarking on a multi-year, $360,000 project. He recommended starting with the many intelligent citizens who are willing to contribute time and effort to a worthy visioning process that addresses important issues. He believes the work can be done in a year and a clerk can be hired to write up the results, rather than dedicating funds to an expensive and lengthy exercise. Mr. Pato said he looks forward with interest to seeing the PIR proposal. His previous conversations with Planning have touched on some of the elements to be included in the CP process such as establishing "cafes" and other facilitated discussions in a way that yields effective results. Mr. Canale said the last time the CP was updated in 2002, it was wrapped around 2020. The Committee did the outreach and helped inform the process and he assumes the Committee will again be an important part of the process. However, Mr. Canale added that input is only part of a Comprehensive Plan; implementation is a vital piece of the outcome. Ms. Ciccolo said she sees a level of acrimony in the community that could be mitigated by a process such as CP that brings people together and provides resident education to develop a common understanding and a pathway to learning how Town government works. Updating Zoning BylawCZoning BylawRO District Mr. Dunn said updating the CRO district zoning bylaw is something that may be brought forward at the spring Town Meeting. It is included on tonight's agenda to gauge Selectmen support. Mr. Hornig said that economic development is one of the tracks of Planning's work plan for the year. Recently, Planning took six ideas to the public and, on a separate occasion, to the Selectmen's Economic Development Committee. In both instance, good feedback was received. 70-76 Joint Selectmen and Planning Board Meeting—October 26, 2016 One of the ideas taking reforms implemented on Hartwell Ave. and applying them to the Regional Office districts—garnered strong support. The Regional Office districts are along Bedford St, on Forbes Rd, and in the Hayden Ave./Spring St. area. The four categories of proposed change are: • Allow broader uses such as amenities/conveniences; allow standing signs without the need for a ZBA special permit; allow biotech manufacturing; allow ground-mounted solar. • Change dimensional standards, most significantly the by-right floor area ratio (FAR) would change from .15 to .35, matching the FAR on Hartwell.There would also be the ability to vary dimensional standards by special permit when a particular standard does not make any sense. • Create two new Transportation Management Overlay districts in the Forbes Rd. area and the Hayden Ave./Spring St. area. Each would have its own unique plan. • Make appropriate zoning boundary adjustments.The status of residentially zoned areas near industrial zones should be re-evaluated. Mr. Hornig said the net effect of these changes is not huge but the biggest opportunities for large scale expansion are Forbes Rd. and 181-201 Spring St. Ms. Ciccolo said she would not like incentives for ground—mounted solar that resulted in trees being cut down. Also, as there are few remaining large land parcels available, she would like some thought given to ideas like trading off height and setback limits with preservation of open space. Ms. Barry said she liked everything Mr. Hornig listed. She said the discussion about these initiatives is also timely as the tax rate decisions that are scheduled for discussion in the next few weeks always bring questions from residents about what can be done to promote commercial growth in town to help lower residential rates. Mr. Kelley and Mr. Pato agreed these changes were a good direction to move toward. Mr. Dunn said the next step for the Planning Board is to hold public meetings with abutters of these areas in the December/January timeframe. MassDOT TIP Project Bedford Street/Hartwell Avenue Area Mr. Canale said Planning convinced Town Meeting a number of years ago to increase development opportunities on Hartwell Ave. At that time, infrastructure improvements in the Hartwell Ave./Bedford St. area were identified as needing attention and, to that end, the matter 70-77 Joint Selectmen and Planning Board Meeting—October 26, 2016 was studied. Planning now proposes the infrastructure improvement project be considered for the State's Transportation Improvement Program (TIP) funding. Mr. Canale said the MPO has evaluated 38 large proposals that would be funded between now and 2040 and the Hartwell Ave./Bedford St. project is in the top five. It would be done sometime between 2021 and 2025 but the 2021 TIP funds are already allocated. MassDOT estimates the project at around $23M, of which it would pay 20% and the Feds would pay 80%. To be put on the TIP list, the Town must commit design funding which is estimated around 10% of the project or approximately $3M. Specifically, the parameters of the project are from the Route 95 interchanges on Bedford St. to the jug handle near Drummer Boy and then south down Hartwell Ave. possibly as far as Wood St. Mr. Canale said the Town is currently spending millions of dollars on a variety of infrastructure improvements, none of which are reimbursable. Mr. Valente said the Maguire Rd. intersection improvement project that was approved two years ago has met with a complication that requires an additional $2.5M to repair the bridge over Kiln Brook. He envisions this project will start during the 2018 construction year. Ms. Ciccolo said the Town is lucky to have Mr. Canale attend MPO meetings on its behalf. She added she is struggling to see how the several separate smaller projects the Town is paying for on its own should go forward in light of the TIP project that would pay for a single, larger fix. Perhaps the $4M allocated for Maguire Rd. improvements could be diverted to funding the design component of the TIP project. Mr. Kucharsky said the Maguire Road funding includes pedestrian accommodations at the jug handle intersection: handicapped ramps, crosswalks and new light signals. Town engineers are moving forward with this project as well as crosswalk and crossing light upgrades at Eldred/ Bedford St. A Capital request for a"hawk" light apparatus for the Eldred intersection is planned as is an FY19 request for $50,000 to update the 2010 transportation plan, of which this project was a part. Mr. Hornig said he is happy the Town has decided to address some of the worst safety hazards on this stretch of road without waiting. The opportunity to get TIP funding, however, is an important one not to miss. Mr. Canale said that every year, the MPO develops a 5-year TIP plan so next year's plan will go through 2022. If the Town is ready to fund 25% of the design, it is conceivable that the project would be included in the 2022 TIP list. Ms. Barry said, due to all the other pressures on the budget and known Capital imperatives, it is important for the Town's financial forecasting to know in which year the design funds would be requested. Mr. Valente said the Town should be able to cover the impacts of school enrollment increases in FY18 but FY19 will be more difficult. With "Affordability for Residents"ranked as 42 of the Selectmen's goals, financial impact has become a big concern. Mr. Valente said a 70-78 Joint Selectmen and Planning Board Meeting—October 26, 2016 review of the 2010 transportation plan would be a first step before committing design funds towards the $23M project. Ms. Ciccolo asked if there would be value in talking to Hanscom AFB and Lincoln Labs about helping with these improvements. Mr. Canale said that the State should be funding infrastructure projects that would help the base stay open. Mr. Pato said that HATS is aware of this project because it relates to the accessibility and well-being of Hanscom. The Town of Bedford is also interested because such a project would have an effect on traffic flows to and through the town. Ms. Barry closed the meeting by saying she would like to extend the offer to the PB to continue joint meetings with the BOS. The BOS would particularly like to hear about any TM articles that Planning will be bring forward and she suggested another stand-alone meeting for that purpose might be beneficial. On motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at 8:35 p.m. A true record; Attest: Kim Siebert Recording Secretary AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 6: Review Purchase and Sale Agreement for 20 Pelham Road Property (10 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager ES.1 SUMMARY: Move that the Board go into Executive Session to consider the purchase, exchange, lease or value of real property, 20 Pelham Road, and to reconvene in Open Session only to adjourn. Further; that as Chairman, I declare that an open meeting may have a detrimental effect on the negotiating position of the Town. Continue discussion regarding Purchase and Sale Agreement for 20 Pelham Road property. SUGGESTED MOTION: FOLLOW-UP: Negotiate final changes to Agreement. DATE AND APPROXIMATE TIME ON AGENDA: 3/27/2017 6:55 p.m.