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HomeMy WebLinkAbout2018-04-09 BOS-min Selectmen – April 9, 2018 Page 1 of 9 Selectmen’s Meeting April 9, 2018 A meeting of the Lexington Board of Selectmen was called to order at 5:32 p.m. on Monday, April 9, 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. Selectmen Concerns and Liaison Reports Mr. Lucente praised DPW staff for doing an excellent job re-painting crosswalks and road markings and for otherwise sprucing up the town after the winter season. Ms. Barry seconded Mr. Lucente’s sentiments and noted that the upcoming Patriots’ Day weekend will be event- filled. All activities are listed on the Town website; hardcopy event schedules are available at Town Hall, Community Center, and the Cary Library. Mr. Pato said he and Sustainable Lexington Chair Mark Sandeen attended a Sierra Club program for elected officials and sustainability volunteers at which Lexington was applauded for setting the bar high for other communities in the Commonwealth. Board Discussion Regarding Annual Town Meeting Article 45—Amend Historic Districts Commission Special Act Anne Laurin Eccles, Chair of the Historic Districts Commission and the ad hoc 40C Study Committee, asked for the Board’s support in referring Article 45 back to committee due to the volume of input now being received. Ms. Eccles would make a report to Town Meeting to this effect on Wednesday, April 11, 2018. All five Selectmen voted in support of these actions. The Selectmen thanked Ms. Eccles for her efforts and Mr. Pato said he looks forward to a constructive dialog. Ms. Ciccolo noted a high level of enthusiasm in the community for completing the Special Act amendment process. Ms. Barry reported that Special Town Meeting dates will be discussed at the April 11 Selectmen’s meeting; these scheduling decisions will provide useful information for the ad hoc committee’s workflow. Board Discussion Regarding Annual Town Meeting Article 42—Special Permit Residential Developments This item is a continuation of a discussion that began at the April 4, 2018 Selectmen’s meeting. Since that date, the Board has received additional written comments from Charles Hornig, Planning Board member; attorney John Farrington; and Article 42 proponent Matt Daggett. Also, Mr. Pato noted he received an email last week from the Lexington Housing Partnership. Melinda Walker, Lexington Housing Partnership, said the email to Mr. Pato informed him that the Partnership had voted to recommend sending Article 42 back to the Planning Board. However, in a subsequent meeting, the Partnership met with Mr. Daggett and afterward changed its position to be in support of Article 42 because it mandates inclusion of affordable housing units in each development. The Partnership understands that the affordable housing yield will be Selectmen – April 9, 2018 Page 2 of 9 at the discretion of the Planning Board and that unit designs are intended to be desirable for senior occupants. Mr. Valente said he has not seen changes to the motion that demonstrate what Ms. Walker referred to. As far as he is aware, the affordable and accessible housing percentages remain as they were when the Article 42 motion was last discussed by the Selectmen. Ms. Walker clarified that Mr. Daggett had not indicated he would change the motion; the Partnership is, instead, hopeful the Planning Board will develop specific definitions for accessibility after the article passes Town Meeting. Richard Canale, Chair of the Planning Board, concurred, saying that the Planning Board also wants Town Meeting to approve Article 42 so that definitions can be worked out at a later date. Mr. Pato reported that Mr. Daggett also presented to the Commission on Disabilities last week; although the Commission is very supportive of creating more accessible housing, it did not offer a position on Article 42 because members are unsure if the article will result in the desired housing. Bob Pressman, Housing Partnership member but speaking for himself, said he had been previously concerned that applying accessibility standards to all units would result in housing for which there is no market. In a recent discussion with Mr. Daggett, however, Mr. Pressman became reassured these accessible units would also be attractive to seniors. On that basis, he niw feels he can support Article 42. Mr. Pressman further supports the concept, expressed at a recent Planning Board meeting, that the Planning Board will be able to selectively apply accessibility standards when ruling on Special Permit applications. Betsey Weiss, 8 Dover Lane, said she supports the intent of Article 42 to create additional affordable housing but questions the implications and definition of the term “accessible”. She also feels that Article 42 has been rushed, especially noting that it deals with complex issues such as Open Space, Affordable Housing, and Accessible Housing. She is not sure, even if the zoning article passes, that so-called Shared Benefit housing would ever be built. Diane Biglow, 15 Bellflower Street, seconded Ms. Weiss’ sentiments. Mr. Lucente applauded Mr. Daggett for the in-depth, detailed, and painstaking work he has done on Article 42. However, he believes that the article is not ready for Town Meeting. To illustrate, Mr. Lucente said that over the weekend, he discussed the initiative with six different builders, none of which were comfortable with the direction of the initiative. Given the choice of Shared Benefits or conventional development, all six said they would choose the conventional approach. Mr. Lucente believes that the regulations currently in place already provide flexibility for the Planning Board to approve or reject any Special Permit application. Mr. Pato said he has a number of concerns about the Shared Benefits option as presented but believes the current bylaw is seriously flawed and has not provided the kind of housing Lexington needs. Mr. Pato thinks Article 42 needs more time to establish accessibility definitions. He noted that the Planning Board voted approval of Article 42 but he hopes Mr. Selectmen – April 9, 2018 Page 3 of 9 Daggett’s recommendations will be used as a starting point for future deliberations, with the goal of ultimately codifying the amendment at a later Town Meeting. Ms. Ciccolo said she supports the goals of Mr. Daggett’s effort and does not want momentum to be lost. She believes much of Mr. Daggett’s proposal resolves what is wrong with current Special Permitting models. But, Ms. Ciccolo noted a range of conflicting public opinion on this matter, even though a large percentage of the community wants change. Ms. Ciccolo said the Selectmen had previously asked the Planning Board to address flaws in the current bylaw; she added that Article 42 is a Citizen’s article and must be heard by Town Meeting. Ms. Hai said there has been a tremendous amount of recent email traffic about Article 42. She sees almost universal support for the article’s goals but also significant concerns. At this time, there does not seem to be enough understanding or unanimity about the way forward. She asked that the article be referred to committee and brought forward again at Special Town Meeting in the fall. Mr. Pato asked a procedural question to ensure that Article 42 would not be subject to a two-year delay if it is indefinitely postponed. Kevin Batt, Town Counsel, said the Planning Board could recommend action; he advised referring the matter back to the Planning Board so the waiting period is not triggered but cautioned that the Planning Board itself could affect momentum. Ms. Barry said Mr. Daggett has done a tremendous amount of work on a high-profile issue. She supports the path he is on but does not want to make policy in a rushed environment, even though she agrees that the article could be passed and refined as time goes on. She supports referring the matter back to the Planning Board for further consideration. Bob Pressman asked what additional resources the Planning Board would have to work on the initiative, considering that Planning staff time is consumed by the Comprehensive Plan effort. David Kanter, Precinct 7 Town Meeting member, asked how many projects currently underway would be wiped out by passage of Article 42. Charles Hornig, Planning Board member, said one project, 441 Lincoln Street, would be subject to the new provisions. David Kanter asked if the article could be referred back to the proponent instead of to the Planning Board. Town Counsel replied that this would not be considered due procedure. If the article is referred back to a committee/board, the Planning Board could then choose to refer it to the proponent. Mr. Canale said he shares Mr. Pressman’s concerns about staff resources but he disagrees with the comments about the matter being rushed. Article 42 is, in many ways, has been three years in the making. Mr. Canale said Mr. Daggett’s proposal is not very different from what the Planning Board intended to propose last year and the same concerns now being raised would still be applicable in the fall. He believes if action is not taken, these issues will never be resolved. Ms. Ciccolo asked, if the article receives a negative action on Town Meeting floor, could the petitioner bring a similar, but not identical, motion to the floor before the two-year waiting Selectmen – April 9, 2018 Page 4 of 9 period elapses. Mr. Batt said he would have to see the new proposal but it would have to be substantially different. Mr. Pato said he would not want to take an action that triggered the 2-year moratorium. Dawn McKenna, Precinct 6 Town Meeting member, asked Mr. Batt if the matter could be referred to the Board of Selectmen which could then set up a working committee to propose refinements. Mr. Batt concurred this was a viable course of action. Ms. McKenna reported that she believes there to be a philosophical disagreement in the community about the right levels of affordable housing and burdens on developers. She asked the Board of Selectmen to engage in a general policy discussion with the community to address these questions, saying that until these matters are addressed, initiatives such as Article 42 will be met with obstacles. Melinda Walker noted that the term “accessibility” has replaced “age-restriction” in the motion. She asked if the motion would be substantially different if the term was switched back to the original. Mr. Batt said he is unsure why the switch was first recommended without speaking to the Town Moderator, but he believes age-restriction could be reintroduced. Article proponent Matt Daggett joined the meeting at this point; Ms. Barry summarized the evening’s discussion to date, explaining that the Board of Selectmen does not, at this point, recommend approval of Article 42. The Board is supportive of referring the matter back to the committee without prejudice. Mr. Daggett said Article 42 is intended to move the ball forward on something the community supports. He is concerned about losing momentum and noted that the Planning Board’s initiative last spring was waylaid in this manner. Mr. Daggett said one of the problems he encountered in his work was lack of access to Town Counsel; such access might have resolved the “age- restriction” versus “accessibility” issue, for example. He believes he has incorporated all the Planning Board recommendations and that there is now consensus to move forward so Town Meeting can debate the merits of the proposal. Ms. Ciccolo said she is troubled to hear Mr. Daggett had no access to legal advice. She believes the Town need to have answers about the permissibility of age-restriction. If the item is referred back to committee, Ms. Ciccolo would support access to Counsel; she further supports moving ahead this fall rather than waiting for Comprehensive Plan to be completed and added that this juncture feels different than previous attempts because the effort is farther along and the community is now paying attention. Ginna Johnson, Planning Board member/Precinct 5, asked the Selectmen to postpone taking positions until they are able to hear the Town Meeting discussion. She noted the high degree of passionate public dissatisfaction with the current bylaw. The Planning Board had difficulty bringing forward an article to Annual Town Meeting 2017 due to the question of density but Article 42 appropriately addresses this point. Dawn McKenna does not agree there is consensus on density, affordable percentages, or the level of burden to be placed on developers. However, she does agree that a Town Meeting Selectmen – April 9, 2018 Page 5 of 9 discussion would be the best course of action. Until that conversation takes place, Ms. McKenna believes it will be very difficult to get the needed 2/3 consensus for the article to pass. Ms. Barry summarized the Selectmen’s position as wanting to hear Town Meeting discuss Article 42 but otherwise leaning toward referral to committee. Mr. Pato said, to avoid having the question called prematurely, he could state this in his opening remarks. Mr. Valente said he would discuss this procedure with Town Counsel and the Town Moderator. Annual Town Meeting Article Positions and Presenters Ms. Barry asked Mr. Kanter to convey to the Capital Expenditures Committee that both Ms. Hai and Mr. Pato remain undecided on Article 20f. Mr. Valente reported that staff recommends indefinite postponement of Article 11—Appropriate for Westview Cemetery Building Construction— due to the workload of the Permanent Building Committee and because recent Facilities Department input should be incorporated into the project. Additionally, a crematorium facility is now being considered on the site. All five Selectmen supported indefinite postponement of Article 11. Ms. Barry led the Board through the articles/position chart to update positions. The resulting chart is appended to these minutes. Review and Consider Letter from Jessie Steigerwald Mr. Lucente and Ms. Hai volunteered to study the appeals process for denied applications to rent Cary Hall. Mr. Valente confirmed that there is no current process. The Selectmen’s Executive Clerk Ms. Katzenback will respond to Ms. Steigerwald about the course of action. Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 6:38 p.m. A true record; Attest: Kim Siebert Recording Secretary Selectmen – April 9, 2018 Page 6 of 9 2018 Annual Town Meeting Article Selectmen’s Positions as of April 9, 2018 ARTICLE FINANCIAL ARTICLES 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 7 Y Y Y Y Y Net 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 Y Y Housing Supplemental Funds - TBD k. CPA Debt Service - TBD Y Y Y Y Y l. Administrative Budget - $150,000 Y Y Y Y Y IP - Appropriate for Westview Cemetery Building 11 IP IP IP IP IP 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 – April 9, 2018 Page 7 of 9 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 Y Y Y 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 i. School Paving Program Y Y Y Y Y d. Public Service Building Vehicle Storage Y Y Y Y Y Area-Floor Drainage System Selectmen – April 9, 2018 Page 8 of 9 ARTICLE FINANCIAL ARTICLES Barry Pato Ciccolo Lucente Hai e. Municipal Building Envelopes and Y Y Y Y Y Systems 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 N N N N N 21 Backup (Citizen Article) Visitors Center Funding Y N Y Y Y 22 IP - Visitors Center Funding (Citizen Article) IP IP IP IP IP 23 Appropriate to Post Employment Insurance R Y Y Y Y 24 Liability Fund Rescind Prior Borrowing Authorizations Y Y Y Y Y 25 Establish, Dissolve and Appropriate to and from Y Y Y Y Y 26 Specified Stabilization Funds IP - Appropriate to Stabilization Fund IP IP IP IP IP 27 Appropriate from Debt Service Stabilization Fund Y Y Y Y Y 28 Appropriate for Prior Years’ Unpaid Bills Y Y W Y Y 29 Amend FY2018 Operating, Enterprise, and CPA Y Y W Y Y 30 Budgets Appropriate for Authorized Capital Improvements Y Y W Y Y 31 ARTICLE GENERAL ARTICLES Barry Pato Ciccolo Lucente Hai Amend General Bylaw-Regarding Financial Y Y Y Y Y 32 Committees (Citizen Article) Amend Town Bylaw-Ban Plastic Bags (Citizen Y Y Y Y Y 33 Article) Amend General Bylaw-Make Lexington a R Y Y Y Y 34 “Welcoming, Inclusive, Safe Community” (Citizen Article) IP - Resolution to Request Warrant Articles to be IP IP IP IP IP 35 Accompanied by Financial Projections (Citizen Article) Amend General Bylaws to Repeal Prohibition of N N N N N 36 Recreational Marijuana Establishments in Town (Citizen Article Selectmen – April 9, 2018 Page 9 of 9 R Y Y Y Y 37 Accept MGL Chapter 59, clause 5c ½ ARTICLE ZONING/LAND USE ARTICLES Barry Pato Ciccolo Lucente Hai Amend Zoning Bylaw and Map in Commercial 38 Y Y Y Y Y District/Marrett Road (Citizen Article) Amend General Bylaw: Turning Mill 39 Y Y Y Y Y Neighborhood Conservation District Amend General Bylaw: Pierce-Lockwood 40 Y Y Y Y Y Neighborhood Conservation District 41 Wright Farm Parcel Split (241 Grove Street) Y Y Y Y Y Amend Zoning Bylaw for Special Permit (Citizen 42 W W W W W Article) 43 Amend Chapter 135 Zoning Bylaw (Citizen Article) N N N N N Amend the General Bylaws-Demolition Delay Y Y Y Y Y 44 Amendments IP - Amend Chapter 447 of the Acts of 1956 IP IP IP IP IP 45