Loading...
HomeMy WebLinkAbout2018-11-05 BOS-min November 5, 2018 Page 1 of 8 SELECTMEN'S MEETING Monday, November 5, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:01 p.m. on Monday, November 5, 2018 in the Selectmen's Meeting Room of the Town Office Building. The Board immediately entered Executive Session under Exemption 3 to discuss strategy related to collective bargaining regarding the hours of work for LMMA and LMEA employees. Upon exiting Executive Session, Regular Session was reconvened at 6:31 p.m. Present were Ms. Barry, Chair; Mr. Pato; Ms. Ciccolo; Mr. Lucente; and Ms. Hai as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Siebert, Recording Secretary. Selectmen Concerns and Liaison Reports Mr. Pato reported he had attended the annual Massachusetts Department of Transportation "Moving Together" multimodal conference at which the new statewide BikePed plan was presented and a number of Complete Street initiatives were discussed. The BikePed Plan is available on the MassDOT website. Ms. Barry reported that she and Mr. Malloy attended the Lexington Interfaith Clergy Association's vigil at Temple Emunah in remembrance of those killed at the Tree of Life synagogue in Pittsburg, PA. Ms. Barry and Ms. Hai also attended services at Temple Isaiah and Temple Emunah in support of the Lexington Jewish community. Presentation - 2018 STM-1 Warrant Article 9 Petition for Change of Zoning District and Zoning Map 7 Hartwell Avenue On behalf of the Russian School of Mathematics, Robert Buckley and Kristine Hung of Riemer Braunstein, LLP presented a petition with approximately 400 signatures in support of proposed zoning changes to 7 Hartwell Avenue. The rezoning request is envisioned for presentation to Special Town Meeting later this month. 7 Hartwell Avenue, is a 1.606-acre parcel bounded by Hartwell Avenue and Westview Street with entry from Westview Street only. It is currently zoned as CD/PD with a limited number of approved uses that the petitioner asks to broaden to accommodate educational use; the School is currently located at 24 Hartwell Avenue, an office/industrial park which Mr. Buckley described as "not ideal." The Lexington branch of the School currently enrolls over 1,500 students for a tutorial/enrichment program; the founders of the School have purchased the 7 Hartwell Avenue property. Mr. Buckley said he brought the rezoning concept to the Planning Board in March 2018 with the idea of removing the CD designation in order to rely on one of the adjacent zoning designations, Commercial Regional Office (CRO) and Commercial Management(CM), that allow broader uses, including schools. Upon closer examination, however, it was discovered that the 3-acre dimensional requirements of the CRO and the CM zones do not align with 7 Hartwell Avenue's smaller property size. Mr. Buckley noted that the newly created CSX zone has dimensional parameters that would be applicable, but the full range of CSX allowed uses do not correspond with the Town's vision for this area of Lexington. Mr. Buckley stated that the Town could maintain control over usage because a site plan or November 5, 2018 Page 2 of 8 Special Permit review would be required if the property was rezoned as CSX. The Russian School intends to retain the current building footprint at 7 Hartwell Avenue but renovations would occur inside the building and improvements would be made to traffic circulation within the site. Mr. Buckley is unsure what external traffic impacts there would be. Mr. Buckley reported that The Planning Board voted 4-0 in October 2018 to recommend at Special Town Meeting that the matter be referred back to the Planning Board. Mr. Buckley's concern about this course of action is the length of time relevant policy decisions are apt to take. He believes designating 7 Hartwell Avenue as a CSX zone would be a cleaner option but emphasized that he and his client would be happy to participate in nascent discussions about the Hartwell corridor, in the event the school is allowed to relocate to 7 Hartwell. In the short term, his goal is to preserve the ability for the Russian School of Mathematics to remain in Lexington. Mr. Lucente asked what the long-range plan is for the site. David Paley, Director of Business Development for the Russian School, stated there is no plan beyond using the site for the School. Mr. Lucente said the Board needs to balance the larger Hartwell Avenue initiative with the School's request, although he noted comprehensive changes envisioned for Hartwell Avenue may not take place for a number of years. Mr. Pato said he is uncertain if rezoning the parcel to CSX is the right thing to do, given the variety of uses that might occur in the future and the larger vision for the Hartwell corridor. He believes the Planning Board's recommendation to continue the discussion is prudent. Ms. Barry asked about the current status of the building and whether it would be torn down or renovated. Mr. Buckley and Mr. Paley stated the building is now vacant. Interior renovations would occur, a playground would be added to the site, and site circulation would be modified. Ms. Barry cautioned that the playground should be located in the rear of the building as Hartwell Avenue has a high volume of fast-moving traffic. The majority of activity at the School occurs on the weekend between 9 a.m.-6 p.m.; weekday evening classes also take place from 3-9 p.m. About 1000 of the 1500 students come from Lexington. Parents bring students to the site; approximately 30% carpool. Ms. Ciccolo said she sees potential synergy between this proposal and the overall Hartwell Avenue concept since the School would bring people to the area on weekends and help support amenities during times when workers are absent. There are also some shared parking possibilities, potentially with the Beth Israel satellite location, and the site is near public transportation. However, Ms. Ciccolo expressed concern about some of the uses allowed within the CSX zone that would not be advantageous, especially at the highly-visible gateway/corner to the Hartwell corridor. Mr. Buckley suggested a restrictive covenant be placed on the property so that some of those allowed uses would require approval. Ms. Hai agreed with the sentiments expressed. She believes that the Russian School is a good fit for the Lexington community but is unsure whether rezoning the property as CSX with a covenant restriction or finding a separate solution is the right way to proceed. Mr. Lucente noted that, before bringing this question to Town Meeting, a variety of issues, such as the details of a covenant, should be negotiated. Since Special Town Meeting starts in a week, November 5, 2018 Page 3 of 8 he believes the petitioner's request would not prevail if it is brought at this time. Mr. Lucente emphasized that no one on the Board feels negatively toward the School. Mr. Buckley said he is concerned about the School's ability to remain in town but believes the Board has provided valuable feedback and a willingness to continue the discussion. He said he would discuss the way forward with his client. Dawn McKenna, Precinct 6 Town Meeting Member, asked if the property would be taken off the tax rolls once it becomes a school. Mr. Malloy said the School is for-profit and would therefore pay property taxes. Public Hearing HOME Program Annual Action Plan Amendment Ms. Barry opened the Public Hearing at 7:05 p.m. Liz Rust, Regional Housing Services Office; and Caileen Foley, Executive Director of the Lexington Housing Authority (LHA), presented details of the Home Program amendment that requests Board approval to use funds for an expanded scope of work to be done at the LHA- owned units at Pine Grove. Ms. Rust noted that, starting in FYI 9, a new administrative requirement specifies that a grant agreement is necessary between the City of Newton, MA and the Town of Lexington, MA before any funds are expended. Ms. Rust will return at a later date to ask the Board to sign the agreement. Upon motion duly made and seconded, the Board voted 5-0 to approve a substantial amendment to the HOME Annual Action plan to direct the HOME funds to the Pine Grove project; and further to approve the HOME funding of the Pine Grove Project of$87,722 authorizing the Town Manager to sign the HOME Funding Agreement; and further to approve the use of the HOME Affordable Housing Restriction to be signed by the LHA and the Town Manager. Ms. Barry closed the Public Hearing at 7:10 p.m. Selectmen—Committee Appointments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Susan Myerow to the Town Report Committee for a one-year term to expire September 30, 2019. Upon motion duly made and seconded, the Board of Selectmen moved to appoint Charles Wyman to the Sustainable Lexington Committee for a three-year term to expire September 30, 2021. Battle Green RequestTransgender Day of Remembrance Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the LexPride and First Parish Church request to use the Battle Green for the purpose of holding a vigil for the Transgender Day of Remembrance on Sunday, November 18, 2018 from 12:30 p.m. to 2:00 p.m. November 5, 2018 Page 4 of 8 Review and Approve FY2018 Board of Selectmen Annual Report Submission Revisions have been made as discussed at a prior meeting. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Board of Selectmen's FYI Annual Report, as presented. Consent Agenda • Proclamation—Employee Recognition Day Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign the proclamation for Employee Recognition Day, which is on Tuesday, November 27, 2018 from 2:30 p.m. until 3:30 p.m. in the Cary Memorial Building. Employee Recognition Day will honor all Town Employees and will recognize those employees with 10, 15, 20, 25, 30, 35 and 40 years of service. • Approve One-Day Liquor License Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one-day liquor license request from the Munroe Center for the Arts to serve wine for the purpose of a Staff Appreciation event being held on Thursday, December 13, 2018 from 5:30 p.m. to 8:30 p.m. at Munroe Center for the Arts, 1403 Massachusetts Avenue. Special Permit Residential Development Zoning Bylaw Amendment Committee- Appoint Members and Designate as Special Municipal Employees Upon motion duly made and seconded, the Board voted 5-0 to appoint Scott Cooper, Matt Daggett, Heather Hartshorn, Joyce Murphy, Richard Perry, Taylor Singh and Betsey Weiss as members of the Special Permit Residential Development Zoning Bylaw Amendment Committee and designate members as Special Municipal Employees. Ms. Hai reported there had been a strong field of applicants. Upon motion duly made and seconded, the Board voted 5-0 to appoint Jill Hai as Board of Selectmen Member to the Special Permit Residential Development Zoning Bylaw Amendment Committee; and further to appoint Richard Canale as Planning Board Member to the Special Permit Residential Development Zoning Bylaw Amendment Committee. Joint Meeting Board of Selectmen and Historic Districts Commission Regarding 2018 STM-1 Discussion Article 5 Appropriate for Hosmer House Reuse Study 0 See separate minutes document. Following the Joint Meeting, the Board took a short recess and resumed order at 8:18 p.m. Board Discussion Regarding STM 2018-1 Warrant Article 8 Establish and Appropriate To and From Specified Stabilization Funds November 5, 2018 Page 5 of 8 Mr. Malloy asked the Board to consider whether to recommend the transfer of: • $45,004.00 into the Capital Stabilization Fund, which is a transfer of surplus revenue from new growth into the Capital Stabilization Fund (CSF); • $94,070.36 into the Transportation Demand Management/Public Transportation Stabilization Fund. This transfer includes a one-time payment of$37,500 from Pinnacle Park and annual mitigation payments from other MOU's. • $4,766.00 into the Transportation Management Overlay District Stabilization Fund. This transfer is the first mitigation payment for the 3 Maguire Road MOU. • Whether the Board will vote to establish an Ambulance Stabilization Fund for the purpose of funding future ambulance purchases under the Town's capital plan. Staff anticipates the first appropriation into the Ambulance stabilization fund will be funded by agreed upon mitigation payments in the National Development MOU. At the October 29, 2018 Board of Selectmen's meeting, Mr. Pato raised concerns about increasing the tax levy to cover these transfers, based on the Selectmen's stated goal of preserving affordability for residents and the goal of keeping average property tax increases at or below 2.5%, not including increases due to debt exclusion. Mr. Malloy noted that Lexington is now at the end of a 5-year plan during which finances were deployed in a specific, agreed-upon way. The question Mr. Pato raises is a valid one that needs to be examined but without having a larger policy debate, Mt. Malloy is hesitant to change course. Ms. Hai said she, too, leans toward maintaining the status quo until more research has been conducted. The cycle of Personal Property valuation/depreciation/replacement valuation needs to be examined. She is concerned about removing one piece of financial practice without knowing how that would affect the larger context. Mr. Malloy gave a primer presentation about Proposition 2.5. Personal property values are added on top of residential, commercial, industrial real estate property values and are added to the tax base each year, although those values may evaporate by the next year. Mr. Pato agreed there is a lot to be looked at but two things are clear: New Growth is not like other property value in that it is transient; and when the Levy is increased because of New Growth valuations, the elevated tax burden is carried by all other tax classifications once New Growth valuations evaporate. He agrees that a long-standing practice/policy should not be changed without a deeper discussion but he is also not enthusiastic about continuing a counterproductive practice that results a greater residential tax burden. He would prefer to leave the money in the residents' pockets this year and not approve the fund transfers to Capital Stabilization and Transportation Demand Management accounts. November 5, 2018 Page 6 of 8 Ms. Ciccolo agreed that Mr. Pato's points are compelling but asked at what point the Board would have the information it needs in order to have a policy discussion. Mr. Malloy said he has discussed how to move forward with Capital Expenditures Committee and he recommends that the 100% Center Streetscape design be funded using the current model but that policy discussion take place before issue of the Streetscape construction debt of$9.3M. Mr. Lamb said he is unsure if it is possible to appropriate the $650,000 in Article 3 for the Center Streetscape 100% design from the Capital Stabilization Fund (CSF). Doing so would be counter to CSF policy to date. If policy were to change in the middle of a fiscal year, and outside the Summit process, this would further break with past practice. The CSF has also never been used for not-yet-committed projects, such as the Center Streetscape. He feels that funding Center Streetscape design and engineering with Capital Stabilization funds would be tantamount to funding it with debt, in that the CSF is intended to mitigate debt. Mr. Lamb noted that stabilization funds are generally created as Rainy-Day Funds and are viewed as such by taxpayers and rating agencies; the long-discussed Center Streetscape project, in his view, does not qualify as a Rainy-Day event. Finally, much of the CSF has already been targeted for debt impact mitigation in the coming years. Mr. Lamb reported that the Capital Expenditures Committee voted 6-0 in favor of the Center Streetscape 100% design project with caveat that it be funded with cash, not debt, and that no equivalent withdrawals be made from the CSF at this Special Town Meeting. John Bartenstein, Appropriation Committee Chair, said he is not personally in favor of taking the $650,000 in design and engineering funds for Article 3 from the CSF. The question has not come before his Committee but the group does support staying the policy course now but having the broader policy discussion to contemplate the bigger questions Mr. Pato raises. The Committee agrees that the community should receive accurate disclosures about the practical impacts are of the ways in which New Growth and Personal Property affect the tax base. There is much within Proposition 2.5 that Mr. Bartenstein termed complex and arbitrary and there are many questions for deeper discussion. Mr. Lucente, Ms. Barry, Ms. Ciccolo, and Ms. Hai agreed that staying the course at this time would be the better course of action but that a deeper policy discussion should take place in the near future on the matters Mr. Pato has raised. 2018 STM-1 Articles - Positions/Discussion It was noted that an additional article, numbered 8d: To establish an Ambulance Stabilization Fund, should be added to the STM-1 Article Positions and Presenters grid. The Selectmen reviewed their positions. The resulting chart is appended to these minutes. Approve and Sign Amended Memorandum of Understanding - 55 & 56 Watertown Street Waterstone and Bridges at Lexington MOU Ms. Hai recused herself from this discussion as she is a member of the Belmont Country Club, seller of 55 & 56 Watertown Street. November 5, 2018 Page 7 of 8 Mr. Malloy reported that the changes recommended at the last Board of Selectmen's meeting have been reviewed by Town Counsel and amended in the MOU document. Board members said they support the MOU if the project itself is approved by Town Meeting. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the form of the Memorandum of Understanding between the Town of Lexington and National Development subject to Town Meeting approval of the zoning change and all permits being issued by permit granting authorities. FYI Tax Rate Presentation Presenters Ms. Kosnoff, Assistant Town Manager for Finance; Rob Lent, Director of Assessing; Greg Johnson, Chair of the Board of Assessors; and Ed Grant and Casemir Growblewski, Board of Assessors members presented information on factors that will affect the determination of the Fiscal Year 2019 tax rate. Ms. Kosnoff reported that, at the end of the process, the Board of Selectmen will make four decisions: • Select the residential factor (maximum 1.75%); • Select the Open Space discount(there is no property in this classification in Lexington); • A residential exemption; • A small commercial property exemption. Mr. Johnson provided the detail of this year's rate setting. Mr. Pato asked if the significantly higher rate increases for Small and Medium Office Buildings; and Town-wide Retail are due to market rate appreciation. Mr. Lent replied that he changed the characteristics of the Town-wide Retail classification so that it captures 23 more properties, most of which were previously uncategorized. Another change is that Retail Condos have been removed from the Town-wide category. Ms. Ciccolo asked that two-family houses be broken into a separate category to see how that distinct group is affected; tax impacts affect rents. Ms. Barry noted that last year's non- residential rates decreased across the board and this year they will mostly increase, especially if the maximum 1.75 shift rate is approved. Mr. Johnson explained that commercial values have risen since last year. Mark Anderson, Precinct 6 Town Meeting member, asked the Selectmen to considered not taxing to the allowable Levy limit, calling it an important symbolic step even if the amount itself is not significant. He encouraged the Selectmen to consider deferring the projects scheduled to come before the high school project since many see the high school as the priority. He asked if the Town could produce a model showing what would happen to the Operating Budget if Capital projects were funded out of Operating instead of by debt exclusion. November 5, 2018 Page 8 of 8 Adjourn Upon motion duly made and seconded, the Board of Selection voted 5-0 to adjourn at 10:25 p.m. A true record; Attest: Kim Siebert Recording Secretary 2018 Special Town Meeting Article Selectmen's Positions as of November 05,2018 ARTICLE SPECIAL TOWN MEETING 2018-1 SB JP MC DL JH 2 Amend Zoning Bylaw—Medical and Recreational Marijuana Y Y Y Y Y 3 Appropriate for Center Streetscape Design Y W Y Y Y 4 Transfer of Property to LexHAB- 18 Rangeway Y Y Y Y Y 5 Appropriate for Hosmer House Reuse Study Y Y Y Y Y 6 Amend FY2019 Operating, Enterprise and CPA Budgets Y N Y Y Y 7 Appropriate for Prior Years' Unpaid Bills IP IP IP IP IP 8 Establish and Appropriate To and From Specified Stabilization Funds a. Capital Stabilization Fund Y N Y Y Y b.Transportation Demand Management/Public Transportation Stabilization Fund Y Y Y Y Y c.Transportation Management Overlay District Stabilization Fund Y Y Y Y Y d. Ambullance Stabilization Fund Y Y Y Y Y 9 Petition for Change of Zoning District and Zoning Map 7 Hartwell Ave. N N N N N 10 Amend Zoning Bylaw—55 &56 Watertown Street(Owner Petition) W W W W R