HomeMy WebLinkAbout2018-03-19 BOS-min
Selectmen – March 19, 2018
Page 1 of 19
Selectmen’s Meeting
March 19, 2018
A meeting of the Lexington Board of Selectmen was called to order at 6:11 p.m. on Monday,
March 19, 2018 in the Selectmen’s Meeting Room of the Town Office Building. Ms. Barry,
Chair; Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai were present as well as Mr. Valente,
Town Manager; and Ms. Siebert, Recording Secretary.
Public Comments
David Kanter, 48 Fifer Lane/Precinct 7 Town Meeting Member, asked the Board of Selectmen to
reconsider its support for ATM 2018 Article 20 (f)—Community Center Expansion Design. Mr.
Kanter urged postponement on the project for several reasons: the expansion has not been part of
the 5-year Capital Plan; it is a want, rather than a need; it competes for funds with what Mr.
Kanter considers to be higher priorities, such as the Police and Fire stations and the high school;
the project has not been in the funding model; the design phase of a municipal project should not
be far ahead of the Town’s ability to move forward with the construction phase; private donors
do not require an elaborate schematic design to provide support.
Selectmen Concerns and Liaison Reports
Mr. Pato reported that Governor Baker announced a $1.4B State-funded “Climate Challenge”
investment program. Speaking as liaison to the Sustainable Lexington Committee, Mr. Pato said
the Committee finds the program to be of considerable interest, particularly with regard to
implementation of the Town’s Sustainable Action Plan that will soon to come before the
Selectmen for review/approval. Because Lexington has multiple programs in place or in
progress, such as the Sustainable Building policy and the Net Zero effort, it is in a strong
position to apply for the Climate Challenge grants. Ms. Barry added that she hopes to see the
Sustainable Building Policy on the agenda in the next few weeks, as well as the larger policy that
is being drafted.
Ms. Barry acknowledged the passing of former Selectman James Crain who served on the Board
from 1978-1983 and expressed sympathies to Mr. Crain’s family. The flag was lowered today,
March 20, 2018, in Mr. Crain’s honor, with gratitude for his service to the town.
Ms. Barry announced that the Annual Town Report has been released and expressed thanks to
the Annual Town Report Committee. Copies will be available at Annual Town Meeting, the
Town Office Building, Community Center, and Cary Memorial Library.
Ms. Barry asked her colleagues to consider stepping forward to serve on the nominating
committee of the Executive Board of the Cary Memorial Library Board of Trustees. Ms. Hai
volunteered to fill the position.
Town Manager Report
Mr. Valente said that, in response to the recent storm, the Hartwell Avenue Compost Site will be
open to accept storm debris Sunday, March 25, 2018 from 8 a.m. to 4 p.m. Due to space
limitations, this is the last day tree debris greater than 4 inches in diameter will be accepted. The
Selectmen – March 19, 2018
Page 2 of 19
facility will also be open Saturday, March 31, 2018 from 8 a.m. to 4 p.m. but the accepted size
requirement will return to the pre-storm maximum.
Mr. Valente said that the Town Clerk has reported a tie vote (100 to 100) for one Precinct 7
Town Meeting Member seat. There will be a recount on Thursday, March 22. 2018.
Mr. Valente said insulation work will be done at Cary Memorial Library, requiring closure for
several days, starting March 24, 2018. The Library expects to reopen on the afternoon of March
29, 2018. Late fees will be waived during this period and reserve materials will be held for an
extended period of time.
Mr. Valente announced the publication of the Spring/Summer Recreation and Community
Programs brochure and congratulated the Recreation Department and Community Center staff
for offering a wide variety courses of categories such as adaptive, pre-school, youth and teen,
adult, “lifetime” for ages 60+, drop-in, and Pine Meadows Golf Course.
Update—Visitors Center Design
Don Mills, Architect; and Sergio DeMango, Department of Public Facilities, Engineer, addressed
Annual Town Meeting 2018 Article 22—Visitors Center Funding, which he said is likely to
include a request for construction phase appropriation. Since Special Town Meeting 2017, the
design phase of the project has progressed; revisions have been made based on feedback from
multiple groups. Mr. Mills summarized the project’s timeline to date and addressed current
conditions. The current Visitors Center was constructed in 1966 and since 2014 has been under
the purview of the Town’s Economic Development Department.
Mr. Mills showed slides of the proposed building layout, presented 2014/15/16 visitor tallies, and
described how the historical displays would be integrated into the new construction. The
Sustainability features of the building include: LEED v4 Silver certification; 22.8% cost savings
compared to baseline LEED v4 Silver; 22% reduction from baseline GHG emissions; improved
building envelope, window unit and glazing energy performance; energy recovery and
occupancy ventilation controls; reduced lighting power density; and low-flow plumbing fixtures.
The total project budget, from the design development phase through construction, is projected
to cost $4.5M. Mr. Mills said possible value engineering could decrease costs by $200,000, such
as opting for alternative building materials and designing to LEED Silver standards but
foregoing certification.
Mr. Mills stated that if construction funding is delayed until Special Town Meeting in the fall of
2018, it would still be possible to finish the project by April 2020. He noted that if construction
is started earlier, a temporary facility would have to operate for a longer period of time and
savings on escalation costs would yield little advantage.
Ms. Hai said she was impressed with how far the project has come over time and with the
number of groups Mr. Mills consulted. She asked if changing the roof materials, from wood to
asphalt shingles, would increase the likelihood of ice damming. Mr. Mills said there should be no
effect and added that the team looked at 4 different alternatives (slate, wood, copper, and
asphalt). Of the four, asphalt was least expensive and had the best life cycle cost. The Historic
Selectmen – March 19, 2018
Page 3 of 19
District Commission has not yet made a determination about roof shingle preference but Mr.
Mills noted that the new building itself would not be historic and that there are many historic
homes in the Historic District that have asphalt shingles. He projected that, by the time the
asphalt shingles need to be replaced, photovoltaic shingles will look more like asphalt shingles
and be readily available.
Ms. Ciccolo believes the design now being presented is the right one. She noted that the staff
bathroom is not handicap accessible, although the bathrooms on the lower level are. Mr. Mills
said an earlier version of the design included an accessible staff bathroom but, due to Board
feedback about exterior access bathrooms, he minimized the staff bathroom footprint. In order to
make the staff bathroom accessible at this point, the stockroom will have to have only one
entrance. Mr. Mills noted that the building has an elevator that could be taken to the lower level
bathrooms.
Ms. Barry said she preferred the staff bathroom on the main floor to be accessible to all abilities.
Mr. Lucente said he would support using the less expensive asphalt shingles, if the HDC is
amenable. He asked if the concrete flooring surface would be slippery. Mr. Mills said stained
concrete is finished with a low VOC, slip-resistant sealant which would require more
maintenance than “self-polishing” granite because the stain and sealant are not “through-colors”.
Even using the most durable sealant, a new application would need to be applied every couple of
years. However, granite, the alternative, would also benefit from being sealed, so it is not an
entirely maintenance-free material.
Mr. Lucente asked if hold buttons for the outer doors are warranted. Mr. Mills said they are not
required. They are included the budget but not in the current design and continue to be discussed.
If doors are weighted correctly, it is preferable to not have buttons because they are pushed
unnecessarily and energy is lost.
Mr. Lucente asked if blowers are planned to heat the entryway to minimize the effects of heat
loss. Mr. Mills said they are planned in the vestibule area and the double doors in the front
should partially counteract some of the heat loss; there are single doors in the rear of the
building.
Mr. Lucente asked if waiting to fund the project until fall would pose a problem. Mr. Mills said,
from his perspective, there would be no difference vis-à-vis construction but he would not want
to delay construction documents. He believes the project is right-sized and the budget is unlikely
to change, but he noted that escalation costs equal about 4% for every year a project is delayed.
David Kanter, Capital Expenditures Committee, asked at what point the alternative value
engineering decisions will be made, noting that they must ultimately be taken in the order they
are listed. Mr. Mills replied that all of the alternatives could be part of the bid documents,
although it would be best to clarify the roofing materials at an early stage. With regard to the
LEED alternative, Mr. Mills said it must be clarified that the building would be designed to
LEED Silver even if certification is not the end goal. If certification is the goal, Mr. Mills
recommended registering the project soon because standards may change.
Dawn McKenna, Tourism Committee Chair, reported that the Tourism Committee was happy
Selectmen – March 19, 2018
Page 4 of 19
with the compromises made on the project. Ms. McKenna does not believe the asphalt will be
acceptable to the HDC because it is not a “natural” material, as specified by the Commission’s
preference. Ms. McKenna asked the Selectmen to recommend the higher cost so that everything
is still on the table as the decision process continues. Ms. McKenna said transitioning to the
temporary Visitors Center space in May of 2019 would fit best with the tourism calendar. She is
against removing one of the exterior access bathrooms because having two improves the ability
to hold outside events. Ms. McKenna supports inclusion of the automatic door buttons and
advocated funding the project now instead of waiting until Special Town Meeting in the fall.
Jerry Michelson, Center Committee, asked if the total project estimate includes landscaping and
drainage. Mr. Mills said it does not include drainage in the foreground, which is part of the Battle
Green Master Plan.
Staff Report—Visitors Center Financing Plan/Fundraising Option
Megan Zamutto, Economic Development Coordinator, presented three components of the
Visitors Center plan: a staff recommended financing plan; fee increases and additional revenue
sources, including grants and partner contributions; and options for a temporary facility while
Visitors Center is under construction.
Visitors Center funding without outside funding sources
Ms. Zamutto showed how the debt service for $4.5M in construction costs plus $200,000 in
temporary location costs, minus revenue from fee increases and partner contributions (Lions
Club and Chamber of Commerce) would be amortized over a ten-year period. Debt payments
vary over the years but the average is $579,000. The interest rate used in the estimate was 5%.
Visitor's Center funding with outside funding sources
As above, $4.5M total project costs plus $200,000 for relocation but outside funding is
demonstrated as $190,000 in CPA funds; $200,000 in State funding; and $668,000 in grant
funding. The Town will learn this summer if it will receive the State funds and/or the two
grants. With these offsets, the average payment would be $444,000 each year for ten years.
Potential funding from internal and external partners
Proposed rental rate increases include: 1) Battle Green charter tour fees would go from $50 to
$75 per tour, yielding an estimated $4,000 over ten years.; 2) Battin Hall rental fees would go
from $500 to $550, yielding $15,000 over ten years; 3) Estabrook Hall rental fees would go
from $150 to $200, yielding $10,000 over ten years. These estimates, which Ms. Zamutto said
were conservatively calculated, show annual revenue as $2,900 or $29,000 over ten years.
Additional potential revenue sources include: advertisement inside the Liberty Trolley
($1,200/yr.); sale of a Battle Green Walking Tour ($3,000/yr.); sale proceeds from an exclusive
product to go to a Visitors Center Stabilization Fund ($800/yr.); and optional Visitors Center
contributions ($3,000). Over ten years, revenue from these sources would equal $80,000.
Selectmen – March 19, 2018
Page 5 of 19
Potential partner contributions included: Lexington Chamber of Commerce ($31,450 over ten
years); Lions Club ($50,000 over ten years); and Lexington Rotary Club (TBA). Not including
the Rotary Club, the ten-year yield from these sources would equal $81,450.
With the State Funding, two grants, and fee increases, revenue is estimated at $190,450.
Interim space options
Ms. Zamutto provided two options: The Masonic Lodge (cost to be determined); or a
temporary trailer (6-month cost = $113,972; 12-month cost=$144,078). Elements to be
considered include program hours and staff adjustments; comparative displacement costs; and
the practical/logistical pros and cons of either location. The Historic District Commission has
yet to be consulted about the trailer option; the availability and the cost of the Masonic Lodge
has not been determined, although Ms. Zamutto has been in preliminary discussions with the
board of directors.
Ms. Hai asked if the operating cost savings presented for the trailer are entirely due to staff
reductions. Ms. Zamutto confirmed that they are and explained that proceeds from the gift shop
fund go into the Visitors Center Revolving Fund which, in turn, pays staff. If proceeds
decrease, the Visitor’s Center will require Town support.
Ms. Hai said the Masonic Lodge appears to be an attractive option but asked about other
Town-owned buildings, like Cary Library, might be considered. Ms. Zamutto said she has not
looked into the Library as a temporary space; she did discuss the matter with the Depot but that
group is not interested in renting to the Visitors Center due to programmatic impacts.
Ms. Hai asked if the $300 monthly rent for the Chamber is comparable to rents. Mr. Valente
said the rent is pegged to the square footage costs in the Center.
Ms. Hai asked about the 5% interest rate and the ten-year loan term. Mr. Valente said that an
expenditure of this size was suited for a term of no more than ten years; 5% is the most recent
coupon rate.
Ms. Hai asked what the timing would be for the Battle Green project and if the landscaping to
improve drainage would be completed in the same timeframe as the new Visitors Center. Mr.
Valente said the schedule for the Battle Green plan follows behind the Visitors Center because
the projects need to be staggered for practical reasons.
Ms. Ciccolo favored the 12-month interim program over the 6-month program and the Masonic
Lodge over the trailer option. Ms. Barry also found the Masonic Lodge option attractive.
Mr. Pato said he is pleased to see the outside funding approach but noted both the small and
still highly-speculative amount. He asked about the small number of Battle Green Charter
Tours in the fee projections. Ms. Zamutto said the tour has a lot of room for growth and will be
promoted more in the future.
Selectmen – March 19, 2018
Page 6 of 19
Mr. Pato noted that the Masonic Lodge intersection is a high traffic area and he is worried
about pedestrian accommodations.
Mr. Lucente agreed that the Cary Library is an option worth pursuing. He applauded efforts to
identify outside funding and encouraged more work to be done in this area. He confirmed that
the Lions Club is committed to the contribution Ms. Zamutto projected. He would support the
Masonic Lodge option but expressed concern about accessibility. Ms. Zamutto confirmed that
the trailer option includes costs for a ramp.
Ms. Ciccolo said that outside fundraising is a critical piece of the puzzle; she supports putting
an optional donation jar out immediately, and possibly a “Dip Jar” in the form of a swipe
machine for voluntary contributions.
David Kanter, Capital Expenditures Committee, said that while he applauds the effort to
identify external funding sources, he is opposed to applying rental fees for Battin Hall and
Estabrook Hall to the Visitors Center.
Dawn McKenna noted the people in the audience who came in support the Visitors Center
project. She believes fundraising will become easier once it is certain the Town will support the
project. Ms. McKenna supported the 12-month plan rather than the 6-moth plan for reasons of
consistency. She said she has spoken with the owner of Abbott’s Frozen Custard, soon to be in
the Center; the business is open to having the location advertised as an accessible bathroom
location. She suggested there may be other businesses similarly inclined. Ms. McKenna said
her meetings with State officials lead her to believe State funding might be higher than
$200,000. She asked for direction on whether the Tourism Committee or the Town Staff should
be pursuing outside funding options.
Fred Johnson, Precinct 6 Town Meeting Member/Center Committee liaison to the Tourism
Committee, asked to go on record as urging the Board to move ahead with full-construction
funding at this Annual Town Meeting. He sees no advantage in delay and the bidding process
can be controlled. He sees the Visitors Center as the rare municipal project that has a return on
investment and it contributes to the business sector. He believes there is still work to be done
on determining the best temporary location.
Ms. Hai said she supports moving ahead now with both design and construction funding. Ms.
Ciccolo agreed but asked that it be ascertained whether any of the grant funding would be
forfeited if Town Meeting votes to fully fund the project. Mr. Pato said he is not willing to
support full funding at this time but he applauds the progress made in fundraising and design;
he is willing to support the remaining design costs but explained that $4.5M is beyond what he
sees as a “reasonable expenditure”. Mr. Pato believes defraying costs is critical but the bulk of
the $1M in potential outside funding is uncertain and, in any case, he would be happier if the
potential was in the $2M range. Mr. Lucente supported the full amount, including construction,
and does not see the benefit of waiting. Ms. Barry said, now that the debt exclusion vote was
successful, she can support the Visitors Center project but she wants to take a harder look at the
temporary plan, particularly Town-owned building options.
Selectmen – March 19, 2018
Page 7 of 19
David Kanter, Capital Expenditures Committee, asked that the dollar amount and the funding
sources for the Visitors Center be made available to the CEC for its report to Town Meeting.
He asked for advice on how to express the qualifiers for the various grants as well.
Article 16 (f)—Automatic Meter Reading Equipment Analysis
The Town recently received the draft report from Wesson and Sampson consultants on
implementing an automatic water meter reading system to replace the house-to-house semi-
automated system. Because of the technical and financial complexity of the analysis, and the
number of follow-up questions staff have for the consultant, DPW Director Dave Pinsonneault
recommended that this Warrant Article (16f) be indefinitely postponed at Town Meeting.
Mr. Pinsonneault said the system will allow better monitoring of leaks, will set up a system by
which the Town can generate quarterly bills, and will allow residents to access their own
information online. He believes it will decrease the number of water bill abatements; staff is
gathering information from other communities that use the system.
Mr. Pato said he is disappointed in the delay but he appreciates the need to be fully prepared
before bringing the matter to Town Meeting. He is aware that other communities that use the
system have had success in a variety of ways, including discovering missing or inaccurate
meters. Mr. Pinsonneault noted that both he and the Finance Director agree that they want the
process to move ahead as soon as possible.
Ms. Hai said the Capital Expenditures Committee has asked for the return on investment analysis
now being prepared and she supports waiting until that analysis is complete before bringing the
matter forward.
Update—Center Streetscape 25% Design
David Pinsonneault, Public Works Director, and John Livsey, Town Engineer, presented a
summary of progress to date, including updates to the major design elements such as sidewalk
materials; lighting; irrigation; roadway features including buffers, edging, bollards, stonewalks
and fences; stormwater infiltration; bike parking; interpretive/educational elements; and
signage/wayfinding. Mr. Livsey noted that members of a Town Manager work group have been
working alongside staff and design engineers to ensure that, moving forward, the design is in
concert with the direction provided by the Board.
Mr. Livsey presented the proposed timelines for the Center Streetscape and the Battle Green
Streetscape projects, noting several other projects in the area (Grant Street Bridge, Bedford
Street/Worthen Road traffic signal, National Grid vault at Winthrop Road, Massachusetts
Avenue/Worthen Road intersection, Water Main from Battle Green to Parker Street, and the new
Police Station) and the estimated decision points and construction dates for each of the
initiatives. The Police Station timeline is not known, at this point.
The 25% Center Streetscape design is scheduled to be reviewed by the Selectmen in the summer
of 2018 and approved in the fall of 2018. The completion of the 100% design is expected 6
months later with Selectmen review and approval anticipated in the spring of 2019. Mr. Livsey
Selectmen – March 19, 2018
Page 8 of 19
said that the Center Streetscape construction may be split into two phases with Phase 1 starting in
April 2020 and ending in October 2021 and Phase 2 starting in April 2022 and ending in October
2023. Battle Green Streetscape 100% design and approval is scheduled behind the Center
Streetscape by approximately a year but Mr. Livsey said he is looking to include the Battle
Green construction in Phase 2 of the Center Streetscape so that everything is completed before
Lexington’s anniversary celebrations in 2025. The reason the long list of projects is staggered is
because it would otherwise be next to impossible to navigate through the Center.
The department is taking into consideration several factors with regard to the Woburn Street
intersection:
Elements of the Police Station plan are still in flux, including curb cuts, the bus stop
location, pedestrian crossing locations, and bike accommodations;
The traffic light being installed at Massachusetts Avenue and Maple Street is likely to
have an impact on traffic flow that will need to be evaluated;
The restriping in the Center, as well as a painted median strip, will also have an effect.
With these issues in mind, Mr. Livsey asked that the Center Streetscape project be truncated
between the existing Police Station driveway and the Cary Hall entry drive until changes from
the above can be analyzed.
Mr. Pinsonneault added that staff also recommend postponement of the 25% Center Streetscape
article until Special Town Meeting in the fall of 2018, which will provide the opportunity for
analysis and a solid cost estimate but still allow for the timeline as presented.
Ms. Hai appreciated that a lighting consultant has been hired and asked that the crosswalk
lighting be included in the consultant’s scope of work. Mr. Livsey agreed this would be critical.
Ms. Hai asked why Silva Cells were planned only for the north side of Massachusetts Avenue if
85% of the trees in the Center are known to be failing. Mr. Pinsonneault said there is insufficient
room on the south side to install them; instead, tree pits will be widened and the structural soil
will be replaced with a better growing medium. The ad hoc Committee has recommended a grate
be added to protect the trees from soil compaction.
Ms. Hai asked that the Historian’s Report be made available to the Board. Mr. Pinsonneault said
he would send it to Mr. Valente’s office. Ms. Hai asked that the drainage piece of the Battle
Green plan be coordinated with the Visitors Center project.
Ms. Ciccolo said she is relieved to see the Center Streetscape and Woburn Street intersection
projects decoupled. She asked if there would need to be a second article at a later date to fund the
Woburn Street project. Mr. Valente said he expects the Woburn Street project to be postponed
for a number of years to see how the other projects in the area effect that intersection; Woburn
Street intersection improvements will appear on a later Capital Improvement plan. Ms. Ciccolo
asked that a neighborhood impact study be included in the funding.
Ms. Barry thanked Mr. Livsey and Mr. Pinsonneault for providing the timeline and for
incorporating the Battle Green project, noting the importance of coordinating the two projects
and ending construction before the 2025 events.
Selectmen – March 19, 2018
Page 9 of 19
Mr. Pato said he is somewhat concerned that delays will cause the projects not to be completed
by 2025 but he sees no way to accelerate the timeline. He believes removal of the Woburn Street
portion of the project to be necessary but noted that this means the intersection is unlikely to be
addressed for another 5 years. He supports indefinite postponement of the Center Streetscape
25% design article at this Town Meeting.
Mr. Lucente said he is surprised that the Center Streetscape project will take 3½ years. This
necessitates careful thought about what the impact will be on businesses and how to mitigate it.
Mr. Livsey said part of the reason for the length of the project is minimization of impact via
construction staging; parts of the project will be dormant during busy times of day for the
businesses, requiring an overall longer project period. Mr. Lucente said members of the business
community should be asked which approach they prefer.
Mr. Lucente asked if the 25% design review will include a Public Hearing, considering the
amount of interest in this project. Ms. Valente said this will be up to the Board.
David Kanter, Capital Expenditures Committee, applauded the indefinite postponement of the
article and removal of the Woburn Street intersection from the project scope. He asked for a
rough project estimate to revise the Capital Plan.
Mark Connor, 16 Highland Avenue, said he has been involved in the project’s process but noted
that the working group mentioned has not been public, unlike the ad hoc Committee that
preceded it. He said residents are very interested in the streetscape choices being made and
believes it to be a wasted opportunity not to include people who want to be involved, even if the
intent is not to be exclusionary.
Jon Himmel, Permanent Building Committee co-chair, said his Committee works hard to include
a wide variety of stakeholders in its deliberations. While this can painfully slow down progress,
it is nonetheless an important element of high-visibility public projects.
Mr. Valente clarified that the working group in question was established by the Town Manager
to work with staff on moving forward in the direction provided by the Board of Selectmen; this
is separate and different from what the ad hoc Committee had been doing and does not qualify as
a public body.
Mr. Pato asked that time be included in the calendar for the Board to review the project
recommendations of the working group before an article is prepared for Special Town Meeting
2018.
Dawn McKenna, Tourism Committee Chair, said she is pleased the Visitors Center and Center
Streetscape projects are being coordinated but the dates concern her, both because of the 2025
deadline and the possibility that tourists drawn to 2020 events in Plymouth will also make
Lexington a destination.
The Board took a 5-minute recess at 8:37 p.m. before reconvening at 8:45 p.m.
ATM 2018 Warrant Article 42—Amend Zoning Bylaw/Special Permit Residential
Developments
Selectmen – March 19, 2018
Page 10 of 19
Matt Daggett, Article Proponent/Precinct 2 Town Meeting member/ Comprehensive Plan
Advisory Board, provided an overview of Article 42 that asks Town Meeting to adopt a “Shared
Benefits Developments” concept. The Planning Board recently voted 4-1 to support the article.
The Shared Benefits model is intended as an alternative to by-right conventional development
and two of the three Special Permit development models (Balanced Housing, Public Benefit) that
have not produced housing diversity as intended. Site Sensitive Developments, a third Special
Permit model, would remain as it is while Balanced Housing and Public Benefit developments
would, essentially, be merged into Shared Benefits.
The Shared Benefits model would allow for increased density in exchange for mandated
percentages of affordable units, accessibility, and open space. Mr. Daggett noted the Planning
Board had been working on a similar proposal but it was not ready in time for the last Town
Meeting and was indefinitely postponed. A citizen’s article, intended to eliminate the two
ineffective Special Permit models, was also indefinitely postponed. Mr. Daggett said his
intention in bringing forward Article 42 is to finish the work begun by the Planning Board that is
also a goal of both the most recent Comprehensive Plan and the 2015 Residential Policy
Committee.
Mr. Daggett endeavored to test whether any developer would actually build one of these
developments by conducting a study based on recent development in town. His goal was to see if
Article 42 would have the desired effects and if the financial yield was as advantageous as by-
right conventional development. In the course of his inquiry, he spoke with staff and a number of
builders to discuss methodology and assumptions. He reported that developers are mostly
comfortable with his approach.
Mr. Lucente asked how construction costs used in the modeling were identified. Mr. Daggett
said he had taken the costs from past developments permits. Since there are only a handful of
people doing Balanced Housing, the numbers may not be as representative as they are in
conventional construction. Mr. Daggett noted factors at play when comparing developments/
developers: site challenges; profit margin expectations; appetite for risk. None of the developers
had a problem with the affordable housing component but there was concern expressed about the
definition and marketability of accessible housing.
Mr. Pato sees good elements in the proposal, although he would like to more fully see the
mathematical calculations used in the analysis. He sees the requirement to require affordable
housing and accessible housing as positive as it is clear that the current Special Permit models
have not produced desired results. He would like to hear from the housing advocate groups how
they perceive Article 42.
Ms. Barry said she is encouraged by the affordable and accessible elements of the plan.
Ms. Ciccolo said the proposal goes a long way toward achieving the Town’s goals. She asked
which member of the Planning Board cast the dissenting vote. Mr. Daggett reported the member
was Charles Hornig and his dissent was based on a belief that the plan would still not provide the
incentives necessary for developers. Ms. Ciccolo asked if the Public Hearings were well
attended. Mr. Daggett said there were a total of four Public Hearings, including continuances.
Selectmen – March 19, 2018
Page 11 of 19
There was almost no attendance by the development community although he otherwise received
calls and emails from developers.
Ms. Ciccolo asked if the language in Article 42 specifies inclusion of the affordable units on the
Town’s Subsidized Housing Inventory. Mr. Daggett said that it properly states this in the motion.
Ms. Ciccolo asked if the specification regarding open space includes a public access provision,
even if the land remains under Home Owners’ Association jurisdiction. Mr. Daggett said that
initial language mandated that open space be deeded to the Town under the Conservation
Commission; this was later changed to giving the Town the right of refusal. In Article 42, he has
tried to limit the scope to the larger issues but he agreed several amendments that could be
addressed at a later date. Ms. Ciccolo noted the Planning Board could require public access as a
condition of Special Permit approval.
Ms. Ciccolo asked if the affordable housing calculation would be rounded up if a partial unit was
required. Mr. Daggett said he chose to round up for affordable units and round down for
accessible units.
Ms. Hai asked why the affordable units are excluded from being counted toward the accessible
unit number. Mr. Daggett said that affordable units can be designed to accessible unit standards
but they do not fall into the same category. The way the motion is written, there is no prohibition
toward building affordable units to accessible standards. Mr. Daggett said that Accessibility
Code #521 is currently being revised.
Melinda Walker, Lexington Housing Partnership, said the group has seen Mr. Daggett’s
presentation and will discuss it again this week. All were impressed with the proposal and in
favor of additional affordable housing. However, the Partnership is not certain Shared Benefit
Development is something developers will want to do because of the high percentage of
affordable and accessible units. Abutters complain about developments that include affordable
units because they don’t like townhouses or other higher density styles. Mr. Daggett said the
Planning Board has discussed this at length but Mr. Canale, the Chair, feels the higher density
framework is something that would work for the Town and the developer. The future will show
whether or not developers are willing to go in this direction. If Article 42 does not pass Town
Meeting, the majority of the Planning Board feels this should nonetheless be the standard for
Special Permitting in Lexington.
Ms. Walker asked if there is a market for medium sized accessible units. The Partnership is also
concerned about: mandated accessibility and affordable percentages; what “accessible” means;
and whether there is a market for these units. Mr. Daggett said accessible units are attractive to
empty nesters who want more houses with than one-bedroom. There are also benefits to HOA
formats that remove the need for owners to mow lawns and remove snow.
Bob Pressmen, Housing Partnership member, said he supports the Planning Board’s approach of
testing the standards of Article 22 without asking Town Meeting to adopt it.
Article 37 Financing Update—Accept MGL Chapter 59, clause 5c1/2
Ms. Barry recused herself as her husband is a veteran who would potentially benefit from
acceptance of MGL Chapter 59, clause 5c1/2.
Selectmen – March 19, 2018
Page 12 of 19
Carolyn Kosnoff, Assistant Town Manager for Finance, reported that the Town’s financial
Departments agree it is possible to cover the cost of additional FY19 property tax exemptions for
the eligible categories of taxpayer affected by MGL Chapter 59, clause 5c 1/2. Although
additional funds have not been budgeted in FY19 for this specific purpose, there are funds
available in prior years' Overlay accounts. Going forward, staff would want to look at the
Overlay Account on an annual basis and possibly appropriate more funds to increase the balance.
Running some preliminary numbers, Ms. Kosnoff calculated a need for between $75,000 and
$90,000 annually to cover the increase, based on past exemptions totals.
Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to recommend to Town
Meeting that the percent increase in the property tax exemption amount, as allowed under
Chapter 59, Section 5C 1/2, be 100% percent.
ATM 2018 Article Positions & Presenters: Review Article 26 Draft motions; Potential Consent
Agenda Articles
Mr. Valente reviewed draft motions (a) through (g) for Article 26—Establish, Dissolve, and
Appropriate to and from Specific Stabilization Funds.
Mr. Valente noted that motion (c) would establish a new Stabilization Fund for the non-tax
portion of Visitors Center construction funding. Changes in MGL allow identified special fees,
grants, and donations to go directly into self-supporting accounts rather than requiring a two-step
process but Town Meeting approval is still required to appropriate these funds out of the
Stabilization Fund. This fund is distinct from the Visitors Center Revolving Fund used for
Operating costs.
Ms. Ciccolo said that she would like to have the Board consider the establishment of an
Affordable Housing Trust to be used when a unit could be purchased or subsidized rather than
lost from the Subsidized Housing Inventory.
Mr. Valente said that motion (e) refers to a Water System Capital Stabilization Fund, related to
extending Lexington’s supplier agreement with the Town of Bedford. The extension specifies
that Bedford will continue to pay Lexington an annual sum of money for supplying water, part of
which will go into the special account to pay for Capital updates to the system. Mr. Valente said
there may a similar agreement with the Town of Burlington in the future; he will consider
whether the language of the motion should include the word “entity” to cover potential non-
municipal partnerships.
Ms. Ciccolo said she is disappointed to see that the School Committee is discontinuing its
program to promote bus ridership. Mr. Pato said he shares this concern but the Schools continue
to subsidize the bus service, though ridership fees will increase. Ms. Barry noted that the Schools
are also changing their after-school bussing program. Mr. Valente clarified that motion (f) is
unrelated to the bus subsidy.
The potential Annual Town Meeting Consent Agenda was discussed. Mr. Valente noted some
controversy over including Article 10 (k) –CPA Debt Service which includes the debt service for
10 (g) Athletic Facility Lighting and 10 (h) Center Track and Field Reconstruction that might not
Selectmen – March 19, 2018
Page 13 of 19
be approved by Town Meeting. If the Track and Lighting were not to pass, the problem would be
moot because the money would merely not be spent.
Dawn McKenna, Precinct 6 Town Meeting member, asked that two items be removed from the
Consent Agenda: Article 16 (m)—Transportation Mitigation and Article 28—Appropriate from
Debt Service Stabilization Fund. Mr. Valente said that Article 28 addresses how MSBA
payments are to be accounted; Ms. McKenna withdrew her reservation. Mr. Valente said 16 (m)
addresses making small amounts of money available for low-cost solutions such as signage or for
sidewalk evaluations. Ms. McKenna said she and others opposes the proliferation of signs in
town and believe there should be more of a public process before signs are erected. She is
otherwise unopposed to making funds available to TSG for evaluations but believes the item
warrants Town Meeting discussion.
David Kanter, Capital Expenditures Committee, said that Article 16 (m) provides program
funding and expenses are vetted through the Transportation Safety Group. He supports keeping
the item in the Consent Agenda.
Mr. Pato said that the process for Consent Agenda items is that an item will be pulled if any
Town Meeting member objects. Since Ms. McKenna objects, the item should be removed.
The remaining Consent Agenda items include:
Article 16 (f)—Automatic Meter Reading System: to be indefinitely postponed but will
remain on list;
Article 16 (e)—Center Streetscape Improvement Designs: not on the Consent Agenda so
it can be reported upon;
Article 10 (k): CPA Debt Service: will be removed from Consent Agenda;
Mr. Valente will bring the revised Consent Agenda list to the Town Moderator.
The Board reviewed the remaining Articles, focusing on the positions the Selectmen have not yet
determined.
Town Manager Reappointments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Philip
Hamilton to the Conservation Commission for a term to expire March 31, 2021. Mr. Hamilton
has been a member since 2003. His ethics training is up-to-date.
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to reappoint Kevin
Beuttell to the Conservation Commission. Mr. Beuttell has been a member since 2014. His ethics
training is up-to-date.
Relocation of Easement—Camelia Place
Mr. Valente said that as part of the engineering and construction plan for the new Fire Station,
Selectmen – March 19, 2018
Page 14 of 19
Camelia Place will be relocated within its existing easement. Ms. Ciccolo noted that
Conservation should comment on the plan as the area abuts wetlands and abutters should be
notified since the traffic patterns in the area are already complicated. Mr. Valente said
Conservation has been consulted but he is unsure of the status of conversations with abutters.
Alterations will affect Town parking, not parking for the businesses. The new traffic light to be
installed should improve matters. Ms. Ciccolo asked if the vote could be delayed to assure that
all parties have had the opportunity to express concerns. Mr. Lucente agreed, saying one
business owner contacted him and it would be a courtesy to reach out before moving ahead.
Dennis Tremblay, representing Tremblay Real Estate Trust, agreed that the matter warrants
consultation with abutters; he learned about the matter only by happenstance. He has no serious
objection but the realignment might affect current traffic patterns. Ms. Barry apologized that Mr.
Tremblay had not been notified. She tabled the matter until there is an opportunity to meet with
abutters.
Consent Agenda
Approve Use of Battle Green—Historical Society—Battle Reenactment
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a request
from the Historical Society to use the Battle Green on April 18, 2018 for the annual children's
Battle Reenactment from 10:00 a.m. - 2:00 p.m. with a rain date of Friday April 20, 2018
Water & Sewer Commitments & Adjustments
Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Water
& Sewer Commitment February Finals 2018 of $2,730.07 and the Water & Sewer Adjustment as
recommended by WSAB of $ (783.71).
Minutes
Upon motion duly made and with minor clarifications submitted by David Kantor, Capital
Expenditures Committee, the Board of Selectmen voted 5-0 to approve and release the Board of
Selectmen Regular Session minutes from February 5, 2018; February 12, 2018; and February 26,
2018; and the minutes of the Joint Meeting of the Board of Selectmen and School Committee
from March 8, 2018.
Further, the Board of Selectmen voted 5-0 to approve but not release the Executive Session
Minutes from February 12, 2018.
Executive Session
Ms. Barry was recused because her husband is employed by the Town.
Upon motion duly made and by roll call, the Board of Selectmen voted 4-0 to enter Executive
Session at 10:14 p.m. under Exemption 3: Collective Bargaining at to discuss strategy with
respect to collective bargaining related to the Public Safety Dispatchers union and Facilities
Selectmen – March 19, 2018
Page 15 of 19
Department Town Custodians union, 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 bargaining
position of the Town.
Adjourn
Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 11:07 p.m.
A true record; Attest:
Kim Siebert
Recording Secretary
Selectmen – March 19, 2018
Page 16 of 19
2018 Annual Town Meeting Article Selectmen’s Positions as of March 19, 2018
FINANCIAL ARTICLES
ARTICLE Barry Pato Ciccolo Lucente Hai
4 Appropriate FY2019 Operating Budget
Y Y Y Y Y
5 Appropriate FY2019 Enterprise Funds Budgets Y
Y Y Y Y
6 IP - Appropriate for Senior Services Program
IP IP IP IP IP
Appropriate for Advice and Analysis-Getting to Net
7 Y Y Y Y Y
Zero
Appropriate to create Diversity Advisory Task
8 Y Y Y Y Y
Force
Establish and Continue Departmental Revolving
9 Y Y Y Y Y
Funds
Appropriate for FY2019 Community Preservation
10
Committee Operating Budget and CPA Projects
a. IP - Conservation Land Acquisition- TBD
IP IP IP IP IP
b. Community Center Sidewalk- TBD
Y Y Y Y Y
c. Archives & Records Management/Records
Y Y Y Y Y
Conservation & Preservation - $20,000
d. 9 Oakland Street- Renovation and
Y Y Y Y Y
Adaptive Re-Use - $200,000
e. Public Grounds Irrigation Improvements -
Y Y Y Y Y
$100,000
f. Playground Replacement Program-
Y Y Y Y Y
Bowman School - $302,000
g. Athletic Facility Lighting - $975,000
Y Y Y Y Y
h. Center Track and Field Reconstruction -
Y Y Y Y Y
$3,340,000
i. Old Reservoir Bathhouse Design - $75,000
Y Y Y Y Y
j. Lowell Street/Farmview Affordable
Y Y Y W W
Housing Supplemental Funds - TBD
k. CPA Debt Service - TBD
Y Y Y Y Y
l. Administrative Budget - $150,000
Y Y Y Y Y
Appropriate for Westview Cemetery Building
11 Y W W W W
Construction
Appropriate for Lexington Children’s Place
12 Y Y R Y Y
Construction
Appropriate for 45 Bedford Street/Fire Station
13 Y Y Y Y Y
Replacement
Appropriate for Lexington Police Station Re-Build-
14 Y Y Y Y Y
Design
15 Appropriate for Recreation Capital Projects Y Y Y Y Y
Selectmen – March 19, 2018
Page 17 of 19
ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
Appropriate for Municipal Capital Projects and
16
Equipment
a. Hydrant Replacement Program
Y Y Y Y Y
b. Storm Drainage Improvements and
Y Y Y Y Y
NPDES compliance
c. Comprehensive Watershed Stormwater
Y Y Y Y Y
Management Study and Implementation
d. Townwide Culvert Replacement
Y Y Y Y Y
e. IP - Center Streetscape Improvements-
IP IP IP IP IP
Design
f. IP - Automatic Meter Reading System
IP IP IP IP IP
g. Sidewalk Improvements
Y Y Y Y Y
h. Equipment Replacement
Y Y Y Y Y
i. Townwide Signalization Improvements
Y Y Y Y Y
j. Pelham Road Sidewalk and Roadway
Y Y Y Y Y
Improvements
k. Street Improvements
Y Y Y Y Y
l. Hartwell Area TMOD Plan Update
Y Y W Y W
m. Transportation Mitigation
Y Y Y Y Y
n. Municipal Technology Improvement
Y Y Y Y Y
Program
o. Application Implementation
Y Y Y Y Y
p. Network Core Equipment Replacement
Y Y Y Y Y
q. Police Radio Console Equipment
Y Y Y Y Y
Replacement
17 Appropriate for Water System Improvements Y Y Y Y Y
18 Appropriate for Wastewater System Improvements Y Y Y Y Y
19 Appropriate for School Capital and Equipment Y Y Y Y Y
Appropriate for Public Facilities Capital Projects
20
a. Selectmen Meeting Room High Definition
Y Y Y Y Y
Broadcasting Upgrade
b. Public Facilities Bid Documents
Y Y Y Y Y
c. Facility and Site Improvements
Y Y Y Y Y
i. Building Flooring
Y Y Y Y Y
Program
ii. School Paving Program
Y Y Y Y Y
d. Public Service Building Vehicle Storage
Y Y Y Y Y
Area-Floor Drainage System
e. Municipal Building Envelopes and
Y Y Y Y Y
Systems
Selectmen – March 19, 2018
Page 18 of 19
ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai
f. Community Center Expansion-Design
Y W R Y W
g. School Building Envelopes System
Y Y Y Y Y
h. LHS Security Upgrade
Y Y Y Y Y
i. Public Facilities Mechanical/Electrical
Y Y Y Y Y
System Replacements
Appropriate to Reimburse Resident for Sewer
21 N N N N N
Backup (Citizen Article)
22 Visitors Center Funding Y N Y Y Y
23 Visitors Center Funding (Citizen Article) W W W W W
Appropriate to Post Employment Insurance
24 R Y Y Y W
Liability Fund
25 Rescind Prior Borrowing Authorizations Y Y Y Y Y
Establish, Dissolve and Appropriate to and from
26 Y Y Y Y Y
Specified Stabilization Funds
27 IP - Appropriate to Stabilization Fund IP IP IP IP IP
28 Appropriate from Debt Service Stabilization Fund Y Y Y Y Y
29 Appropriate for Prior Years’ Unpaid Bills W W W W W
Amend FY2018 Operating, Enterprise, and CPA
30 W W W W W
Budgets
31 Appropriate for Authorized Capital Improvements W W W W W
ARTICLE GENERAL ARTICLES Barry Pato Ciccolo Lucente Hai
Amend General Bylaw-Regarding Financial
32 Y Y Y Y Y
Committees (Citizen Article)
Amend Town Bylaw-Ban Plastic Bags (Citizen
33 W Y Y Y Y
Article)
Amend General Bylaw-Make Lexington a
34 R W W W W
“Welcoming, Inclusive, Safe Community”
(Citizen Article)
Resolution to Request Warrant Articles to be
35 N N N W W
Accompanied by Financial Projections (Citizen
Article)
Amend General Bylaws to Repeal Prohibition of
36 N W N N N
Recreational Marijuana Establishments in Town
(Citizen Article
R Y Y Y Y
37 Accept MGL Chapter 59, clause 5c ½
Selectmen – March 19, 2018
Page 19 of 19
ARTICLE ZONING/LAND USE ARTICLES Barry Pato Ciccolo Lucente Hai
Amend Zoning Bylaw and Map in Commercial
38 W Y W Y Y
District/Marrett Road (Citizen Article)
Amend General Bylaw: Turning Mill Neighborhood
39 Y W Y Y Y
Conservation District
Amend General Bylaw: Pierce-Lockwood
40 Y W Y Y W
Neighborhood Conservation District
41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y W
Amend Zoning Bylaw for Special Permit (Citizen
42 W W W W W
Article)
43 Amend Chapter 135 Zoning Bylaw (Citizen Article) N W N N N
Amend the General Bylaws-Demolition Delay Y Y Y Y W
44
Amendments
Amend Chapter 447 of the Acts of 1956 W W W W W
45