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HomeMy WebLinkAbout2019-08-05 BOS-min SELECTMEN'S MEETING August 5, 2019 A meeting of the Lexington Board of Selectmen was called to order at 7:00 p.m. on Monday, August 5, 2019 in the Selectmen’s Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry, and Mr. Sandeen were present as well as Mr. Malloy, Town Manager; Ms. Axtell, Assistant Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Bob Pressman, 22 Locust Avenue, expressed concern regarding the temporary bicycle lanes placed on Massachusetts Avenue. SELECTMAN CONCERNS AND LIAISON REPORTS Mr. Pato reported the 2020 Vision Committee will be holding a 20/20 Vision Forum on April 2, 2020. Mr. Lucente reported the following:  Board of Selectmen Goal Setting retreat was held on July 29, 2019  Residents have expressed concerned about short term rentals in neighborhoods, such as Airbnb, and Mr. Lucente said he has asked the Town Manager to look into potential policies and procedures as it relates to short term rentals.  2019 Citizens Academy will begin on September 5, 2019 and interested citizens can find information posted to our Town website.  On behalf of the Board, Mr. Lucente expressed condolences to the families who suffered loss from the tragic events in El Paso, Texas and Dayton, Ohio. Ms. Barry asked for an update at a future meeting regarding the traffic light at Massachusetts Avenue and Worthen Road. Mr. Sandeen reported the following  On July 23, 2019 he testified in front of the Telecom Utilities and Communications Committee in support of an act establishing net stretch zero energy code.  On July 24, 2019 the State House passed the Greenworks Bill and referred it to the Senate Bonding Committee.  On August 2, 2019 the FCC adopted an order that allows cable companies to deduct in kind contributions from their cable franchise fees which possibly could affect funding for LexMedia. TOWN MANAGER REPORT Mr. Malloy reviewed a draft of dates for a potential Fall Special Town Meeting; He reported online permitting for the Conservation Department was recently rolled out; and he noted the Bike Share Program is targeted to end in October 2019 and the Board will need to consider if the program should be continued. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Commission on Disability Proposal for Streetscape Ramps Victoria Buckley, Chair, Commission on Disabilities, stated the Commission does have concern about the proposed wire-cut brick sidewalks. She reported that the Commission on Disabilities is in favor of concrete ramps with double yellow rumble strips. Dave Pinsonneault, Director of Public Works, presented the choice of a dark concrete ramp with wings to include a yellow detectable warning panel for the all the ramps in the Center Streetscape Project. Upon a motion duly made and seconded the Board of Selectmen voted 4-0 to approve the concrete ramp choice for the Center Streetscape project as proposed. 2. Grant of Location for Verizon Pole: Lincoln Street Mr. Lucente opened the hearing at 7:17 p.m. Mr. Wallace, UC Synergentic, stated that Verizon New England Inc. and NSTAR Electric Company d/b/a Eversource Energy requests permission to locate poles, wires, cables and fixtures, including the necessary anchors, guys and other such sustaining and protecting fixtures, to provide new service along and across public way Lincoln Street with the relocation of one JO pole, P.SS/16, on the northerly side of Lincoln Street to a point approximately 42' easterly from its current location on the northerly side of Lincoln Street and the placement one JO pole, P.55/16A, on the northerly side of Lincoln Street to a point approximately 42' westerly from the current location of existing pole, P.5S/16, located on the northerly side of Lincoln Street. Mr. Pressman, 22 Locust Ave, expressed concern of the many double poles that exist and asked if there was any commitment from Verizon to correct that issue. Mr. Wallace said he would report back this concern to Verizon. Mr. Lucente suggested to Mr. Wallace that a meeting should be set up with the Town to discuss how the double poles will be addressed. Mr. Goldberg, Temple Isaiah, 55 Lincoln Street, expressed concern that safety would be impacted based on the suggested placement of the pole at the bottom of the driveway of Temple Isaiah. Mr. Wallace responded that a formal siteline review was not performed. The Board requested that Verizon, Eversource, Town Engineering, the Contractor requesting the pole relocation and the direct abutter meet at the proposed location near Temple Isaiah to review the location on Lincoln Street in order to address the safety concern. The Board continued the hearing to the meeting of September 9, 2019 at 7:00 p.m. to allow for time for site review of the pole locations to be performed. 3. Public Hearing Liquor License Transfer, Change of Manager and Alteration of Premise - 3 Maguire Road - CFHP The Hangar, LLC d/b/a Craft Food Hall Project Mr. Lucente opened the hearing at 8:00 p.m. Mr. Lucente stated the necessary paperwork has been received for the transfer of liquor license, alteration of premise and change of manager at 3 Maguire Road, from The Hangar at 10 Mag, LLC d/b/a The Hangar to CFHP The Hangar, LLC d/b/a Craft Food Hall Project. The Building, Zoning, Health and Planning Departments have reviewed the liquor license transfer application and have no objections to the liquor license transfer. The applicant will need to work with the appropriate Town Departments for the necessary permitting for the restaurant that is to be built. Robert Buckley, Reimer Braunstein, representing CFHP The Hangar, LLC, stated that the proponent hopes to bring a vibrancy to the area with the restaurant’s concept of sous vide food processing and the unique self-serve beer and wine wall. Douglas Ferriman, CHFP The Hangar, LLC, reviewed operation of the proposed sous vide food preparation for the restaurant at 3 Maguire Road and the concept of the self-serve RFID ICraft Beer and Wine wall to be included in the restaurant. He explained he currently has a restaurant in Waltham which was recently approved with a liquor license to include a RFID ICraft Beer and Wine wall. Upon hearing no further comment from the public, Mr. Lucente closed the hearing at 8:10 p.m. Upon a motion duly made and seconded the Board of Selectmen voted 4-0 to approve the CFHP The Hangar, LLC d/b/a Craft Food Hall Project application for the Change of Manager, Alteration of Premise and Transfer of the All Alcohol Restaurant Liquor License at 3 Maguire Road as per the plans submitted and contingent on the successful approval of a common victuallers license. 4. 186 Bedford Street Memorandum Of Understanding Mr. Ed Grant, Nicholson, Sreter & Gilgun, P.C., representing the owners of 186 Bedford Street, provided an overview of the updated Memorandum of Understanding (MOU) between the Town and the proponents of 186 Bedford Street. This is similar to the MOU that was negotiated earlier for the 2019 Annual Town Meeting and has been updated for reconsideration for the Board and Town Meeting. He said the substantive changes found in Section VIII were addressed during the site plan review process. The Planning Board requested seventeen items originally listed in Section VIII Other Commitments Section of the April MOU be taken out of the MOU and put into the PSDUP. General discussion ensued and the Board requested additional details regarding the seventeen items that were removed from Section VIII in the original MOU before signing the MOU. The Board agreed to schedule a meeting on Thursday, August 8, 2019 at 2:00 p.m. to see the details and then sign the MOU. 5. Proposed Sustainable Lexington Committee Charge Amendment Paul Chernick, Sustainable Lexington Committee, presented a proposed amendments to the Sustainable Lexington Committee Charge for the Board of Selectmen's review and approval. Mr. Pato explained the proposed changes to the Sustainable Lexington Committee charge include the following: Town energy management was inserted; Liaison representation from Town Staff and Membership increased from 7 to 9. Upon a motion duly made and seconded the Board of Selectmen voted 4-0 to approve the amendments to the Sustainable Lexington Committee Charge as proposed and correcting Select Board to be Board of Selectmen. 6. Amendment to Board of Selectmen Alcohol Beverage License Regulation Applicable to Package Stores Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to amend Board of Selectmen Alcohol Beverage License Regulation Applicable to Package Stores by removing Memorial Day and the phrase (or the day after if Christmas occurs on a Sunday) from Section II.3 and correcting Sunday 12:00 a.m. to 12:00 p.m. in Section II.4. 7. Applications: LABBB Collaborative/Steve Eastridge for Lexington Battle Green Culinary Oktoberfest Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve an Entertainment License and Sunday Entertainment License for LABBB Collaborative for the purpose of providing live music for patrons of the Lexington Battle Green Culinary Oktoberfest to take place on Saturday, September 28, 2019 from 11:00 a.m. to 7:00 p.m. and Sunday, September 29, 2019 from 12:00 p.m. to 4:00 p.m. at Fletcher Park, on the corner of Massachusetts Avenue and Fletcher Avenue near Woburn Street. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve a one-day liquor license for the Battle Green Food Festival (Steve Eastridge/LABBB) to serve beer and cider for the purpose of their Lexington Battle Green Culinary Oktoberfest event to be held at Fletcher Park, on the corner of Massachusetts Avenue & Fletcher Avenue near Woburn Street, on Saturday, September 28, 2019 from 11:00 a.m. to 7:00 p.m. and Sunday, September 29, 2019 from 12:00 p.m. to 4:00 p.m. 8. Proposed Board of Selectmen Proclamation Guidelines and Procedures Mr. Lucente explained that the Board is being asked to establish guidelines and procedures for requesting proclamations from the Board of Selectmen's Office in order to facilitate processing requests. The implementation of these guidelines would assist in streamlining the process of issuing documents that honor and give recognition. Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the proposed Guidelines and Procedures for Requesting Proclamations for implementation effective upon review from Town counsel. 9. Recycling IQ Grant Vote Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Town's participation in the Recycling IQ grant program as presented to the Board on July 22, 2019. 10. Selectmen Committee Resignation Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to accept the resignation of Bonnie TenPas from the Human Services Committee effective Thursday, August 15, 2019. The Board extended their thanks to Ms. Tenpas for her service. 11. Discuss Board of Selectmen Future Meeting Dates The Board discussed proposed regular, summit and joint meeting dates for August 2019 - December 2019 in an effort to consolidate the meeting schedule. Mr. Lucente recommended a consideration be made to include Joint sessions, when possible, during a regularly scheduled Selectmen’s meeting as an agenda item. Ms. Barry suggested additional meetings be scheduled for Monday nights when there is not a regularly scheduled meeting. The Board confirmed their availability on September 26, 2019 for a proposed date for one of the Joint Board of Selectmen and Planning Board meetings. CONSENT AGENDA 1. Approve One-Day Liquor License Upon a motion duly made an seconded, the Board of Selectmen voted 4-0 to approve a One Day Liquor License to Neillio's at Lexington, Inc. to serve beer and wine from, 6:00 p.m. to 8:00 p.m. for the purpose of the United States Senator Ed Markey Campaign event to be held at The Lexington Depot, 13 Depot Square, on Thursday, August 15, 2019. 2. Water & Sewer Commitments & Adjustments Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the Water and Sewer Commitments Cycle 9 Billing in the amount of $304,607.65 and Finals in the amount of $9,035.37; and Water and Sewer Adjustments from the WSAB 7/27/19 in the amount of ($79,247.81). EXECUTIVE SESSION Upon a motion duly made and seconded by roll call vote, the Board of Selectmen voted 4-0 to enter into Executive Session at 9:15 p.m. under Exemption 6 to consider the purchase of two real properties and to reconvene in Open Session only to adjourn. Further, it was declared that an open meeting may have a detrimental effect on the negotiating position of the Town. ADJOURN Upon a motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 10:02 p.m. A true record: Attest Kim Katzenback Executive Clerk