HomeMy WebLinkAbout2018-11-13-STM-min November 13,2018 Special Town Meeting#1(2018-1)
Moderator Deborah Brown called the 2018 Special Town Meeting#1 to order at 7:30 p.m.,Tuesday,
November 13,2018 in the Margery Milne Battin Hall in the Cary Memorial Building, 1605
Massachusetts Avenue.A quorum in excess of 100 members was present.
Town Clerk,Nathalie L.Rice,read the Warrant for Special Town Meeting#1 until waived.The
Town Clerk read the Constable's Return of Service.
The Moderator made announcements,welcomed new Town Meeting Members,discussed
parliamentary procedures and called for the testing of the electronic voting units.
7:34 p.m. The Moderator declared Special Town Meeting 41 to be in recess.
7:35 p.m. Suzanne Barry,Chair,Board of Selectmen,welcomed new Town Manager,James
Malloy.(Mr.Malloy had been sworn in on October 1,2018.)
7:37 p.m. The Moderator called Special Town Meeting#I back to order and open under
Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:39 p.m. John Bartenstein, Chair,Appropriation Committee,moved the Report of the
Committee be received and placed on file.Unanimously Adopted.
7:39 p.m. Charles Lamb,Chair,Capital Expenditures Committee,moved the Report of the
Committee be received and placed on file. Unanimously Adopted.
7:39 p.m. Ms.Barry moved to take up Article 9.Motion Adopted.
7:39 p.m. Presented by Edmund Grant,Town Meeting Member,Pct. 6.
ARTICLE 9: PETITION FOR CHANGE OF ZONING DISTRICT AND ZONING MAP
MOTION: That this matter be referred back to the Planning Board.
7:39 p.m. Mr.Grant asked the Moderator to recognize Robert Buckley,counsel for 7 Hartwell
Avenue,LLC.Mr.Buckley briefly addressed the proposed rezoning and stated that he hoped to give
the current occupant of the property,the Russian School of Mathematics,a permanent home in
Lexington.
7:42 p.m. Richard Canale,member,Planning Board moved the Report of the Board on Article 9
be received and placed on file.Unanimously Adopted.Mr.Canale stated that the proposal needed
further study and that the Board anticipated productive discussions with the proponent in the coming
months.
7:42 p.m. Joseph Pato,member,Board of Selectmen,reported unanimous support of the Board.
7:43 p.m. With no further discussion,the Moderator called for a voice vote on Article 9.Motion
Adopted.
7:43p.m. Presented by Andrew Friedlich,Town Meeting Member,Pct. 5.
ARTICLE 10:AMEND ZONING BYLAY—55&56 WATERTOWN STREET
1\IOTION:That:
(a) the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,and
the Zoning Map of the Town of Lexington be amended by rezoning the
land identified as Map 3,Lot 15(formerly a portion of the land previously
identified as Map 1,Lot 2A)and Map 3,Lot 16(formerly a portion of the
land previously identified as Map 3,Lot 2A) on the Assessor's Map,and
described in a certain metes and bounds description and certain plans on
file with the Planning Board and the Town Clerk as part of a Preliminary
Site Development and Use Plan dated October 17,2018(the"PSDUP")
from the current RO One Family Dwelling District to a Planned
Development District to be identified as Planned Development District-3
("PD-3")as described in said PSDUP;and
(b) the zoning regulations and dimensional standards identified in the
document entitled the"Zoning Text"provided as Tab 7 to the PSDUP,on
file with the Planning Board and the Town Clerk,and the plans identified
thereto as Appendices Al,A2,A3,and A4,shall apply to said district PD-
3.
November 13,2018 Special Town Meeting#1(2018-1),cont...
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7:43 p.m. Jill Hai,member,Board of Selectmen,recused herself from discussion and voting.
7:43 p.m. The Moderator recognized Ted Tye,founding partner of National Development,the
proponent requesting a zoning change at 55 and 56 Watertown Street.Mr.Tye outlined the senior
housing project,situated on 17 acres of land owned by the Belmont Country Club.He stated the
proposed development would include 116 independent living residences,48 memory care residences
and 40 assisted living units.Twenty-one of the units would be affordable.Mr.Tye stated that
undisturbed land surrounding the development would be permanently preserved through conservation
restrictions.He presented plans of the two facilities,"Waterstone"and`Bridges"and stated that due
to topography,he believed the visual impact of the multi-story buildings would be mitigated.He
stated that the closest residence to the development was 750' away.The development,he noted,
would generate$785,000 in taxes annually,but would cost the Town$400,000 in public safety costs.
He stated that if Special Town Meeting did not pass the rezoning,the project"would not move
forward",indicating there would be no opportunity to bring the proposal back to the 2019 Annual
Town Meeting.
8:02 p.m. The Moderator noted an omission on the second paragraph of the motion;a"3."Had
been left off the last word of the sentence.
8:02 p.m. Ginna Johnson,Chair,Planning Board,delivered the Planning Board's oral Report.
The Board had previously prepared and distributed a written Report,which it did not present.Ms.
Johnson noted that while the vote in the written report had been(3-2)in favor of the rezoning,the
Board had reconsidered their vote,and had voted just before the opening session of Special Town
Meeting to withdraw support.The final vote of the Board she reported was(l-4). She stated that there
were many good features of the plan,but the Board felt it should not go forward in its current form.
8:04 p.m. Charles Hornig,member,Planning Board,reviewed the Preliminary Site Development
and Use Plan(PSDUP)and the site planning process.He referenced the public hearings that had been
held and the Memorandum of Understanding(MOU)signed by the Town,National Development and
the Belmont Country Club.
8:08 P.M. Ms.Johnson stated that five goals of the Board had not been met by the developer
relating to affordable housing,senior housing,economic diversity,resource protection and quality
design/protection of the Town's character.
November 13,2018 Special Town Meeting#1(2018-1),cont...
8:15 p.m. Mr.Hornig delivered the minority report of the Board,noting the reversal in the vote
of the Board.He said he felt the project did meet the goals to provide diversity of housing in
Lexington,and referred to the four-month planning process and hearings that had been held to elicit
community input.He referenced traffic and safety improvements,affordability levels that exceeded
other senior developments in Town,and protection of open space and conservation trails.
8:19 P.M. The Moderator called for the recommendation of the Board of Selectmen.Joseph Pato,
member,responded.He noted the Board's work with National Development and stated Board support
for 21 units of affordable housing(including the addition of 3 units negotiated in the previous week).
He said the Board voted 4-0 to approve the Memorandum of Understanding.While the Board"leaned
in favor"of the development,Mr.Pato stated that the Board wished to hear the remaining Town
Meeting debate before making its final recommendation.
8:22 p.m. Albert Nichols,member,Appropriation Committee,stated that the Committee did not
comment on zoning articles,adding however that the financial impacts to the Town of 13 homes(the
alternative to the development)would be higher than the proposed rezoned use.
8:23 p.m. Jerry Foutter,Chair,Lexington Housing Partnership,reported unanimous support.
8:27 p.m. Elizabeth Barnett,Pct.7,urged a no vote,stating that she identified three obstacles;
inadequate community input,insufficient affordable units,and natural resource protection issues.
8:30 p.m. Mark Anderson,Pct.6,noted that while he was disappointed in the MOU,he felt the
development was the best use of the land.He urged a positive vote.
8:36 p.m. Sheba Matthews,46 Golden Avenue,an abutter to the proposed project,spoke in
opposition,stating that she believed Lexington residents did not receive an adequate return for the
rezoning. She felt Lexington seniors would not be able to afford the$6,500 monthly rent and noted
that projections showed only 25%occupancy by Lexington seniors.
8:42 p.m. Kevin Johnson,Pet. 3,asked if the percentage of affordable units could be increased to
25%.Mr.Tye responded in the negative.
8:47 p.m. Lisa Churnin, 1 Briggs Road,abutter to the project,listed a number of concerns
including construction impacts,incorrect net revenue projections,and lack of affordability for
Lexington seniors. She urged a no vote.
8:59 p.m. Bob Pressman,22 Locust Avenue,spoke in support noting advantageous siting of the
building and little visual impact.
9:00 P.M. Thomas Fenn,Pct.9,spoke in support of the Planning Board's decision to oppose the
project.He urged a no vote.
9:18 P.M. Mr.Tye answered questions related to property taxes and National Development's
willingness to increase payments to the Town.
9:30 p.m. Brian Heffernan,Pet. 1,questioned whether long-term leases were available,and
whether leases had automatic renewal rights.Mr.Tye responded that leases were typically 12 months
and contingent upon health.He stated there was no cap on rental increases.
9:35 p.m. Wendy Manz,Pct. 9,spoke in support,noting that while it was not a"perfect"project,
it responded to demographic needs and was located on a site with minimal impacts.
9:39 p.m. Robert Cohen,Pct.4,called the question.
9:39 p.m. The Moderator called for a voice vote.Motion Adopted.
9:40 p.m. Sanjay Padaki,Appropriation Committee,requested the vote of the Board of
Selectmen.Mr.Pato responded,stating that the Board sympathized with those in opposition.He
reported the support of the Board,(3-0),with one member recused and one member not present.
9:41 p.m. Mr.Tye made summary comments.
9:44 p.m. Following electronic vote tallying,the Moderator declared Article 10 NOT Adopted
by the necessary two-thirds on a vote of:
Yes No Abstain
106 56 2
9:46 p.m. Mark Andersen,Pet. 6,Served Notice of Reconsideration. (This Article was
reconsidered on November 14,2018,9:04 p.m.,resulting in a positive vote on the rezoning.)
9:46 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 2:AMEND ZONING BYLAW MEDICAL AND RECREATIONAL MARIJUANA
MOTION: That the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington be
amended as follows:
A. Delete§ 135-3.1.7,Recreational Marijuana Moratorium.
B. In Section 10.1 Definitions,remove the definitions of`MEDICAL MARIJUANA
CULTIVATION CENTER (MMCC)', `MEDICAL MARIJUANA DISTRIBUTION
CENTER',and`MEDICAL MARIJUANA PROCESSING CENTER(MMPC)'and add
the following new definitions:
November 13,2018 Special Town Meeting#1(2018-1),cont...
MEDICAL MARIJUANA TREATMENT CENTER: A Medical Marijuana Treatment
Center or Registered Marijuana Dispensary(RMD)as defined in Chapter 369 of the Acts of
2012.
MARIJUANA ESTABLISHMENT:A Marijuana Establishment,as defined in M.G.L C.94G§1,
but not including a Medical Marijuana Treatment Center.
C. Update Table 1,Permitted Uses and Development Standards,as follows:
1.Delete row C.1.07, `Medical marijuana cultivation center'.
2.In row 1.1.013,replace`Medical marijuana distribution center'with`Medical
Marijuana Treatment Center'.
3.Delete N.1.03, `Medical marijuana processing center'.
4.Add row 1.1.014, `Marijuana Establishment' and amend Table l as follows:
GC RO R RT CN CR CS CS CB CL CR CM
1.1.014 Marijuana
Establishment
*Unless otherwise N N N N N N N N N N N Y*
prohibited by the Toxvn's
General Bylaws
9:46 p.m. Mr.Hornig asked that the Report of the Planning Board on Article 2 be received and
placed on file.Motion Adopted.
9:47 p.m. Mr.Hornig introduced Article 2 and explained that changes to the zoning bylaw
would bring the bylaw into conformity with new regulations promulgated by the State Cannabis
Control Commission.He stated that changes would not alter what was currently permitted or not
permitted in Lexington.
9:51 p.m. Doug Lucente,member,Board of Selectmen,reported the unanimous support of the
Board.
9:52 p.m. The Moderator called for a voice vote.
9:52 p.m. Following a unanimous voice vote,the Moderator declared Article 2 Adopted by the
necessary two-thirds.
9:52 p.m. Presented by Jill Hai,member,Board of Selectmen.
ARTICLE 3: APPROPRIATE FOR CENTER STREETSCAPE
MOTION: That the Town appropriate$550,000 to pay for the costs of design,engineering and
architectural set vices for the Center Streetscape,and for the payment of all other costs
necessary or incidental thereto and that to meet this appropriation,$550,000 be raised
in the tax levy.
9:53 p.m. Ms.Hai reviewed the history of previous funding and asked the Moderator to
recognize Pam Shadley,a Lexington business owner and licensed landscape architect for the project
(Shadley Associates).Ms. Shadley reviewed the background of the project and stated that the Center
Streetscape Committee focused on three goals;(1)safety improvements,(2)accessibility
improvements and(3)renewal of the Mid-Century Modern Landscape. She stated the project cost
was estimated at 9.37 million dollars,some of which would be CPA eligible.
10:04 p.m. Ms.Hai reported the unanimous support of the Board of Selectmen.
10:04 p.m. Charles Lamb,Chair,Capital Expenditures Committee,reported unanimous support of
the Committee,adding that members had concerns regarding the financial impact of the project,since
it had not been included in tax impact projections.
10:06 p.m. John Bartenstein, Chair,Appropriation Committee,reported support of the
Committee.
10:07 p.m. Frederic Johnson,member,Center Streetscape Design Review Ad Hoc Committee,
reported unanimous support of the Committee and urged a yes vote.
10:09 P.M. Town Engineer,John Livsey,answered questions from Dan Fenn,Pct.3,regarding
accident records within the project area.
10:14 p.m. Lester Savage,member,Chamber of Commerce,reported the support of the Chamber
and recommended mitigating impacts to businesses during construction.
10:15 p.m. David Kanter,Pct.7,and member of the Capital Expenditures Committee,noted that
the total cost to date of design review would be$650,000 due to a previous appropriation of
$100,000.
10:18 P.M. Bridger McGaw,Pct.6,questioned the economic benefit of the project and how the
Town would insure that storefronts were maintained.
November 13,2018 Special Town Meeting#1(2018-1),cont...
10:23 p.m. Town Counsel,Mina Mikarious,addressed"neglect"under the Town's Bylaws.
10:24 p.m. Steven McKenna,Pct.6,questioned the timing of the commencement of the project,
stating that it would impact visitors who came to celebrate 2020 festivities planned for Boston,
Weymouth and Quincy.
10:30 P.M. Victoria Buckley,Chair,Commission on Disability,questioned the selection of
materials in the proposed curb cuts,stating concern over the poor visual contrast of materials being
recommended.Mr.Livsey responded.
10:43 p.m. Kenneth Shine,Pct.2,called the question.Motion Adopted.
10:43 p.m. Ms. Shadley made summary comments and stated that the design team would address
issues raised by the Commission on Disability.
10:47 p.m. Following electronic vote tallying,the Moderator declared Article 3 Adopted on a
vote of:
Yes No Abstain
99 45 4
10:47 p.m. Suzanne Barry,Chair,Board of Selectmen,moved to adjourn Special Town Meeting
2018-1 until 7:30 p.m.on Wednesday,November 14,2018 in the Margery Milne Battin Hall in the
Cary Memorial Building, 1605 Massachusetts Avenue.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
November 14,2018 Special Town Meeting#1 (2018-1)(con't.)
Moderator Deborah Brown called the adjourned session of the 2018 Special Town Meeting 41 to
order at 7:30 p.m.,Wednesday,November 14,2018 in the Margery Milne Battin Hall in the Cary
Memorial Building, 1605 Massachusetts Avenue.A quorum in excess of 100 members was present.
The Moderator made announcements and called for the testing of the electronic voting units. She
declared Special Town Meeting open under Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS,COMMITTEES
7:36 p.m. Suzanne Barry,Chair,moved to receive and place on file the Report of the Town
Manager.Motion Adopted.
Report of the Town Manager on Reconsideration of Article 10
7:36 p.m. The Moderator recognized Town Manager,James Malloy.Mr.Malloy reported on
amendments to the Memorandum of Agreement(MOU)with National Development under Article
10.He reported the addition of four items;(l)three affordable units,(known at the previous night's
session),(2)six moderate income units,(3)an increase from$150,000 to$250,000 in emergency
services,and(4)the hiring of a sustainability consultant to evaluate building design and solar
readiness.
7:39 p.m. Ms.Barry stated that the Board wished to vote on acceptance of these amendments to
the MOU at Town Meeting. She moved to accept the amendments.Joseph Pato seconded the motion.
The Board voted(4-0)to accept the amendments to the MOU,(Ms.Hai abstaining).
7:40 p.m. The Moderator recognized the Planning Board for comment.Ms.Johnson stated that
Planning Board felt Town Meeting should"move toward reconsideration".The Planning Board
deliberated.Ms.Johnson reported that the Planning Board supported reconsideration(3-0-1)and was
deadlocked on the issues of the merits of the amendments to the MOU(2-2).The Board said it would
offer a motion to reconsider when Article 10 was taken up later in the meeting.
7:49 p.m. Ms.Barry moved to take up Article 5.Motion Adopted.
7:49 p.m. Presented by Douglas Lucente,member,Board of Selectmen.
ARTICLE 5:APPROPRIATE FOR HOSMER HOUSE REUSE STUDY
MOTION: That the Town appropriate$50,000 for the purpose of paying costs of a feasibility
study regarding the relocation or preservation of the Hammond A.Hosmer House,
located at 1557 Massachusetts Avenue,including the payment of all costs incidental or
related thereto;that to meet this appropriation$50,000 be raised in the tax levy.
November 14,2018 Special Town Meeting#1(2018-1),cont...
7:49 p.m. Mr.Lucente briefly described the need for the relocation of the Hosmer House and
addressed the funding request.He stated the Hosmer House needed to be relocated due to the expansion
and reconstruction of the Police Station.
7:50 p.m. Michael Cronin,Director of Facilities,reviewed the history of the Hosmer House and
explained the details of its proposed move.The building would be placed on a new foundation and
relocated to land to the east,currently known as the"Conscience Land".He stated that the$50,000
requested would be used for a feasibility study for the relocation,but the majority of the costs associated
with the move had been included in the Police Station construction estimate.
8:00 P.M. Lee Noel Chase,member,Historic Districts Commission(HDC),reported on the
importance of the Hosmer House and its significance at the eastern"entrance"to the Town center.
8:04 p.m. Mr.Lucente reported the unanimous support of the Board of Selectmen.
8:04 p.m. Charles Lamb,Chair,Capital Expenditures Committee,reported unanimous support of
the Committee.
8:04 p.m. Alan Levine,member,Appropriation Committee,reported a(5-4)Committee vote of
approval.
8:07 p.m. Ethel Solonen,49 Colony Road,representing the Lexington Field and Garden Club,stated
that the building is a valuable storage space currently in use by the Garden Club.She requested the Town
give the Garden Club advanced notice before the need to vacate.
8:08 P.M. Masha Traber,Pct. 5,questioned"authority"over the building.Town Counsel,Mina
Mikarious,responded.
8:14 p.m. In response to a questions from David Kaufman,Pct.3,Ms.Chase stated that the
Connnission was open to a number of solutions,but preferred not to see the building obscured in a"back
comer"of the proposed site.Ms.Chase stated that she was not aware of any deed restrictions on the
"Conscience Land".
8:17 p.m. In response to a question from Kevin Johnson,Pct.3,Sanjay Padaki,member,
Appropriation Committee,stated that the minority of the Committee felt the funding in the Police Station
renovation budget would be sufficient for the move and foundation reconstruction.
8:21 p.m. Members discussed the pros and cons of moving the Hosmer House,its associated costs,
and the future of other municipal buildings such as the Stone Building in east Lexington.
8:30 p.m. Richard Neumeier,Pct.5,called the question.Motion Adopted.
8:30 p.m. Mr.Lucente declined summary comments.
8:32 p.m. Following electronic vote tallying,the Moderator declared Article 5 Adopted on a
vote of
Yes No Abstain
99 58 6
8:32 p.m. Presented by Suzanne Barry,Chair,Board of Selectmen.
ARTICLE 4: TRANSFER OF PROPERTY TO LEXHAB
MOTION: That the Board of Selectmen be authorized to transfer custody and control of the land
known as 18 Rangeway to the Lexington Housing Assistance Board,Inc.("LexHAB")
for one dollar and other valuable consideration,on such terms and conditions as the
Board may determine.
8:32 p.m. Ms.Barry explained the purpose of the Article,reporting unanimous Board support.
8:33 p.m. Raul Marques-Pascual,Pct.7,questioned whether a second two-family home could be
developed on the 18 Rangeway lot.Patricia Nelson,counsel for LexHAB,responded.
8:35 p.m. The Moderator called for the vote.
8:36 p.m. Following electronic vote tallying,the Moderator declared Article 4 Adopted by the
necessary two-thirds on a vote of:
Yes No Abstain
159 2 1
8:37 p.m. Presented by Suzanne Barry,Chair,Board of Selectmen.
ARTICLE 6: AMEND FY2019 OPERATING,ENTERPRISE AND CPA BUDGETS
MOTION: (a)That the following adjustments be made to the following line items for the FY2019
budget as approved under Article 4 of the 2018 Annual Town Meeting:
Line Item Pro ram From To
1200 Regional School $ 2,216,217 $ 2,126,217
6000 Human Services Personal Services $ 669,089 $ 656,589
6000 Human Services Expenses $ 796,195 $ 820,906
7100-7400 Land Use Personal Services $ 2,014 038 $ 2,004,038
7100-7400 1 Land Use Expenses 1$ 433,5981$ 443,598
November 14,2018 Special Town Meeting#1(2018-1),cont...
and further that$12,211 be appropriated from the Transportation Network Company
special revenue fund to finance said amendment.
MOTION: (b)That the following adjustment be made to the following line item for the FY2019
budget to operate the Water Division of the Department of Public Works as approved
under Article 5(a)of the 2018 Annual Town Meeting:
Program I From To
MWRA Assessment $ 7,179,738 $ 7,128 006
MOTION: (c)That the following adjustment be made to the following line item for the FY2019
budget to operate the Wastewater Division of the Department of Public Works as
approved under Article 5(b)of the 2018 Annual Town Meeting:
Program I From To
MWRA Assessment $ 7,634,368 $ 7,402 979
8:37 p.m. The Moderator recognized Assistant Town Manager for Finance,Carolyn Kosnoff,
who explained the adjustments to the FY2019 budget.
8:40 p.m. Ms.Bary reported the unanimous support of the Board of Selectmen.
8:40 p.m. Glenn Parker,member, Appropriation Committee reported the unanimous support.
8:41 p.m. Jessie Steigerwald,Pct. 8,questioned the funding of a new health services professional
position,which she noted was the outgrowth of joint Town and School discussions.
8:42 p.m. Town Manager,James Malloy,explained that the re-allocation in Article 6 was to
fund a referral service for social and mental health services.The Town was to fund the first year at
$12,500;the Schools funding the second year at the same amount.He explained that a Personal
Improvement Request(PIR)had also been approved for FY2019 in the amount of approximately
$99,000 for a full time mental health professional.
8:43 p.m. In response to a question from Ms. Steigerwald,Eileen Jay,member of the School
Committee,stated that there was still some confusion about the funding of the position.Mr.Malloy
clarified that it was a Town-funded position for services for Town residents under the age of 60.Mr.
Malloy pointed out that the funding and hiring of the mental health position was not part of Article 6,
and that he would work with the School Committee to meet current needs for the new position.
8:53 p.m. Following electronic vote tallying,the Moderator declared Article 6 Adopted on a
vote of:
Yes No Abstain
155 1 3
8:55 P.M. Presented by Joseph Pato,member,Board of Selectmen.
ARTICLE 7: APPROPRIATE FOR PRIOR YEARS'UNPAID BILLS
MOTION: That this article be indefinitely postponed
8:55 p.m. Mr.Pato moved to indefinitely postpone Article 7,reporting unanimous support.
8:55 p.m. John Bartenstein, Chair,Appropriation Committee,reported unanimous support.
8:56 p.m. Following a voice vote,the Moderator declared Article 7 Adopted.
8:57 p.m. Presented by Jill Hai,member,Board of Selectmen.
ARTICLE 8: ESTABLISH AND APPROPRIATE TO AND FROM SPECIFIED
STABILIZATION FUNDS
1\IOTION:
a) That$145,004 be appropriated into the Capital Stabilization Fund,and to
meet this appropriation$145,004 be raised from the tax levy;and
b) That$94,070.36 be appropriated into the Transportation Demand Management
Stabilization Fund,and to meet this appropriation$94,070.36 be appropriated
from the Transportation Demand Management special revenue fund;and
c) That$4,766.00 be appropriated into the Transportation Management Overlay
District(TMOD)Stabilization Fund,and to meet this appropriation$4,766.00
be appropriated from the Transportation Management Overlay District
(TMOD)special revenue fund;and
d) That the Town establish an Ambulance Stabilization Fund,for the
purpose of funding the purchase of ambulances and further that the
Town accept paragraph four of Section 5B of Chapter 40 of the
Massachusetts General Laws and that any payments or contributions or
November 14,2018 Special Town Meeting#1(2018-1),cont...
fees approved by the Board of Selectmen for such purposes be
deposited into said Ambulance Stabilization fund.
8:56 p.m. Ms.Hai explained the three appropriations from various Stabilization Funds and the
establishment of a new Stabilization Fund,(an Ambulance Stabilization Fund). She reported the
support of the Board of Selectmen in a unanimous vote on(b,c and d)and a(4-1)vote on(a). She
asked that section(a)be voted on separately.
8:58 p.m. Charles Lamb,Chair,Capital Expenditures Committee,reported the unanimous
support of the Committee for sections(a,e and d)and no position on section(b).
8:59 p.m. Robert Avallone,Pct. 8,questioned the dissenting vote on the Board of Selectmen
regarding section(a).Mr.Pato responded,stating that the Stabilization fund under(a)had been
funded in the previous Annual Town Meeting and he did not see the need to increase its funding with
tax levy monies.
9:01 P.M. The Moderator called for separate votes on sections(a)and(b,c and d).
9:01 P.M. Following electronic vote tallying,the Moderator declared Article 8(a)Adopted on a
vote of:
Yes No Abstain
145 II 4
9:02 p.m. Following electronic vote tallying,the Moderator declared Article 8(b,c,and d)
Adopted by the necessary two-thirds on a vote of-
Yes
£Yes No Abstain
158 0 1
MOTION TO RECONSIDER ARTICLE 10
9:04 p.m. Presented by Charles Hornig,member,Planning Board.
ARTICLE 10:AMEND ZONING BYLAW-55&56 WATERTOWN STREET
MOTION:That:
(a) the Zoning Bylaw,Chapter 135 of the Code of the Town of Lexington,and
the Zoning Map of the Town of Lexington be amended by rezoning the
land identified as Map 3,Lot 15(formerly a portion of the land previously
identified as Map 1,Lot 2A)and Map 3,Lot 16(formerly a portion of the
land previously identified as Map 3,Lot 2A) on the Assessor's Map,and
described in a certain metes and bounds description and certain plans on
file with the Planning Board and the Town Clerk as part of a Preliminary
Site Development and Use Plan dated October 17,2018(the"PSDUP")
from the current RO One Family Dwelling District to a Planned
Development District to be identified as Planned Development District-3
("PD-3")as described in said PSDUP;and
(b) the zoning regulations and dimensional standards identified in the
document entitled the"Zoning Text"provided as Tab 7 to the PSDUP,on
file with the Planning Board and the Town Clerk,and the plans identified
thereto as Appendices Al,A2,A3,and A4,shall apply to said district PD-
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November 14,2018 Special Town Meeting#1(2018-1),cont...
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Figure 2-Proposed
9:04 p.m. The Moderator reviewed the rules for reconsideration,stating that new and compelling
information would have to be presented in order to reconsider Article 10.(Mark Andersen had served
Notice of Reconsideration at the previous session of the Special Town Meeting.)The Moderator
recognized Suzanne Barry,Chair of the Board of Selectmen,who requested an open deliberation of
the Board for the purposes of recording the Board's vote on reconsideration.
9:04 p.m. Jill Hai,member,Board of Selectmen,recused herself from discussion and voting.
9:05 p.m. Ms.Barry asked for questions from the Board. With no questions from members,she
moved that the Board of Selectmen support Reconsideration of Article 10.Motion Adopted(4-0).
9:06 p.m. The Moderator continued her explanation of reconsideration and answered procedural
questions from the Planning Board.
9:08 P.M. Mark Anderson,Pct.6,who had served reconsideration,sought clarification on
process.The Moderator responded.
9:13 p.m. Charles Hornig,member,Planning Board,moved reconsideration of Article 10.He
said reconsideration was warranted since there had been three new significant pieces of information.
He stated these were;(1)the amendment to the Memorandum of Understanding(MOU);(2)the
Planning Board's decision to submit an amended motion to Refer back to the Planning Board,and,
(3)the fact that alternatives for development were not presented to Town Meeting in the event the
Article failed.
9:16 p.m. Ms.Barry reiterated the Board of Selectmen's vote of approval of the amended MOU.
She stated that the Board felt there had been enough new information to warrant a positive vote on
reconsideration and reported Board support for reconsideration(4-0).
9:18 P.M. In response to a question from Charles Lamb,Pct.4,Ginna Johnson,Chair of the
Planning Board,stated that if the motion to refer back to the Planning Board passed,the Planning
Board would seek to reduce the scale,minimize abutter impacts and increase buffers.
9:20 p.m. The Moderator called a recess to discuss procedural matters with the Planning Board
and Board of Selectmen.
9:29 p.m. The Moderator called Town Meeting back to order and clarified the process of
reconsideration.
9:32 p.m. Frank Sandy,Pct. 6,asked if the amended MOU had been signed by the Town,
National Development and the Belmont Country Club.Ms.Barry responded that the amended MOU
had not yet been signed. Town Counsel,Mina Mikarious stated that all necessary parties were at
Town Meeting and were prepared to sign.
9:35 p.m. After further inquiries from Mr. Sandy,the parties to the MOU signed the agreement.
9:39 p.m. The Moderator called for a vote on reconsideration.
9:42 p.m. Following electronic vote tallying,the Moderator declared the Motion to Reconsider
Article 10 Adopted on a vote of:
Yes No Abstain
140 13 7
9:44 p.m. The Moderator opened debate on Article 10.
9:44 p.m. Andrew Friedlich,Pct. 5,moved the question.He asked the Moderator to recognize
Mr.Ted Tye,founding partner of National Development.Mr.Tye made a brief presentation and
reviewed the three elements that had been the basis for amendments to the MOU since the previous
session of Town Meeting.He stated that three affordable units had been added(known at the
previous session)and that six middle income units had been added—for a total of 21 affordable and
six moderate income units.He stated that a sustainability consultant would be hired as part of the
design review process,and that$100,000 would be added to the public safety services agreement.
9:53 p.m. The Planning Board requested a brief recess.
9:54 p.m. The Moderator called a recess.
November 14,2018 Special Town Meeting#1(2018-1),cont...
10:10 P.M. The meeting was brought back to order.
10:11 p.m. Mr.Canale,member,Planning Board,stated the Board had voted(3-2)to recommend
that Article 10 be referred back to the Planning Board.He reviewed the history of the project and the
explained the Planning Board's decision.
10:18 P.M. Joseph Pato,member,Board of Selectmen,reported the lack of support for referral
back to the Planning Board,(0-4).
10:23 p.m. Elizabeth Barnett,Pct.7,posed various questions to Mr.Tye regarding height and
footprint of the buildings and local preference in resident selection.
10:28 p.m. Sarah Liberman,27 Watertown Street,voiced concerns over the lack of visual buffers
and stated her concern that the buildings were out of character for the neighborhood and Lexington.
10:35 p.m. Matthew Daggett,Pct.2,raised questions regarding affordability by Lexington's
seniors.Mr.Tye responded.Mr.Daggett inquired about the consequence of a no vote(or a vote to
refer back to the Planning Board). Mr.Tye responded that National Development would no longer
pursue the project,stating that the agreement to purchase the property was specifically tied to passage
of Article 10 at the Special Town Meeting.
10:42 p.m. Steve Heinrich,Pct.3,asked to hear from Belmont Country Club representatives
regarding this assertion.Randy Goldstein,Director of the Belmont Country Club,state that a no vote
of Town Meeting would end the negotiation.
10:46 p.m. Richard Canale moved to Amend Article 10 by inserting the following Amendment:
AMENDMENT TO ARTICLE 10:
Moved that: Town Meeting move to Amend the motion under Article 10 by substituting the
following Motion:
"That the Article 10 matter be referred back to the Planning Board"
10:47 p.m. The Moderator opened debate on the Amendment.
10:47 p.m. Mr.Canale added that the Planning Board believed that even if the agreement was
terminated with the Belmont Country Club,the Board could move in a positive direction.
10:48 p.m. Ms.Johnson reported the vote of the Planning Board(3-2)in support of the
amendment to refer back to the Planning Board.
10:49 p.m. Ms.Barry reported Selectmen lack of support(0-4),for referral of Article 10 back to
the Planning Board.
10:50 P.M. Michael Martignetti,Pct.3,called the question.The Moderator stated that Mr.
Martignetti's motion was premature.
10:57 p.m. David Kaufman,Pct. 3,stated his belief that the Planning Board would be taking a
risk in returning the matter to the Board.He urged a no vote on the amendment.
11:01 P.M. In response to a question from Jessie Steigerwald,Pct. 8,Town Counsel and Mr.
Canale reviewed the role of the Planning Board relative to the Preliminary Site Development and Use
Plass(PSDUP)process.
11:07 p.m. Ms.Johnson showed several slides in response to Ms. Steigerwald's inquiry.
11:11 P.M. Leslie Zales,Pct. 1,called the question.Motion Adopted.
11:12 p.m. The Moderator explained the vote before Town Meeting.
11:12 p.m. Following electronic vote tallying,the Moderator declared the Motion to Refer
Article 10 back the Planninu Board NOT Adopted on a vote of:
Yes No Abstain
24 127 4
11:16 p.m. The Moderator returned to the main motion under Article 10.
11:16 p.m. Dawn McKenna,Pct. 6,spoke in favor of the main motion.
1 l:19 P.M. Charles Lamb,Pct.4,called the question.Motion Adopted.
11:20 p.m. Mr.Tye,the proponent,made summary remarks,stating he looked forward to
providing a valuable project for Lexington.
11:21 p.m. Following electronic vote tallying,the Moderator declared Article 10(after
Reconsideration)Adopted by the necessary two-thirds on a vote of:
Yes No Abstain
128 26 4
11:22 p.m. Selectman Suzanne Barry moved to dissolve Special Town Meeting 2018-1.Motion
Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk
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