HomeMy WebLinkAbout2019-11-12-STM-min November 12,2019 Special Town Meeting#1 (2019-1)
Deputy Town Moderator Barry Orenstein called the 2019 Special Town Meeting#1 to order at 7:30
p.m.,Tuesday,November 12,2019 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 2019-1 until waived.The
Town Clerk read the Constable's Return of Service.
The Deputy Town 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 Deputy Town Moderator declared Special Town Meeting#I open under Article 1.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
7:34 p.m. There were no reports presented at the commencement of the meeting.
7:36 p.m. Douglas Lucente,Chair,Board of Selectmen,moved to take up Article 5.Motion
Adopted.
7:36 p.m. Presented by Sandhya Beebee,Town Meeting Member,Pct. 1.
ARTICLE 5:ZONING AMENDMENT FROM CD-1 DISTRICT TO CSX
DISTRICT-7 HARTWELL AVENUE(OWNER PETITION)
MOTION:That: 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 changing the district designation of the land
known as 7 Hartwell Avenue and identified as Map 84,Lot 81 on the Assessor's Map be rezoned
from the CD-1 district to the CSX district.
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Figure 1:Existing Zoning
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November 12,2019 Special Town Meeting#1(2019-1),cont...
7:36 p.m. Sandhya Beebee,Pct. 1,introduced attorney Kristine Hung,from Reimer and
Braunstein.Ms.Hung explained the rezoning on behalf of 7 Hartwell LLC. She showed plans of the
site and explained the current limits to development under the CD-1 Zoning. She explained that the
Russian School of Math,currently housed at 24 Hartwell Avenue,would like to relocate to 7
Hartwell Avenue,if rezoning enabled expanded uses.
7:42 p.m. Robert Creech,Chair,Planning Board,moved that the Report of the Planning Board
on Article 5 be received and placed on file.Motion Adopted.He reported the support of the Planning
Board(5-0).
7:42 p.m. Charles Hornig,member,Planning Board,presented the Report of the Planning Board,
summarizing the Board's position.He reported on the general zoning in the Hartwell Avenue area.
7:43 p.m. Suzanne Barry,member,Board of Selectmen,reported the support of the Board.
7:44 p.m. James Shaw,Chair,Board of Directors of the Chamber of Commerce,expressed
enthusiastic support for Article 5.
7:45 p.m. Ms.Hung made summary comments.
7:46 p.m. The Deputy Town Moderator called the question.Motion Adopted.
7:46 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 5
Adopted by the necessary two-thirds on a vote of:
Yes No Abstain
149 1 2
7:47 p.m. Douglas Lucente,Chair,Board of Selectmen,moved to take up Article 7.Motion
Adopted.The Deputy Town Moderator declared the Meeting open under Article 7.
7:48 p.m. Presented by Edmund Grant,Town Meeting Member,Pct.6.
ARTICLE 7:AMEND ZONING BYLAW AND MAP-186 BEDFORD STREET(Owner
Petition)
MOTION: That:
(a)the Zoning By-laws,Chapter 135 of the Code of the Town of Lexington,and the Zoning Map of
the Town of Lexington be amended by changing the district designation of the land identified as Map
64,Parcel 68 on the Assessor's Map,and described in a certain metes and bounds description and
certain plans on file with the Planning Board and Town Clerk as part of a Preliminary Site
Development and Use Plan dated June 6,2019,as revised on August 22,2019("PSDUP")from the
current RS One Family Dwelling District to a Planned Development District-4("PD-4")as described
in said PSDUP;and
(b)the zoning regulations and dimensional standards identified in the"Proposed Motion"document
which is the"PSDUP Zoning Text"provided as Tab 3 to the PSDUP as revised August 22,2019,and
the"Regulatory Plans"attached thereto,shall apply to said District PD-4.
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November 12,2019 Special Town Meeting#1(2019-1),cont...
7:48 p.m. Mr.Grant moved Article 7,and recused himself from voting,stating that he was
acting as counsel for the Citizen Petitioner,Tony Ciampa,owner of 186 Bedford Street.Mr. Ciampa
and his family were in attendance.Mr.Grant reviewed the history of the rezoning,which had come
before the 2019 Annual Town Meeting and had been referred back to the Planning Board.He stated
that four affordable units would be added to the Subsidized Housing Inventory(SHI)as a result of
further review.He asked to have Douglas Harnett,engineer with Highpoint Engineering,recognized.
8:02 p.m. Mr.Hartnett presented the site plan,which showed the elements including emergency
access,parking spaces,landscaping,the retention of the historic barn and house,the proposed
addition to the house,and the"massing"of the various structures.
8:08 p.m. Robert Creech,Chair of the Planning Board,moved that the Report of the Board on
Article 7 be received and placed on file.Motion Adopted.Mr.Creech reported the approval of the
Planning Board(5-0)and presented the Report.
8:12 p.m. Jill Hai,member,Board of Selectmen,reported the unanimous support of the Board of
Selectmen in a(5-0)vote.
8:12 p.m. Jeri Foutter,Chair,Lexington Housing Partnership,reported the unanimous support of
the Housing Partnership.
8:13 p.m. Wendy Reasenberg,Pct. 8,presented slides highlighting her concerns regarding the
scale of the addition. She stated that such a development in a residential area would set a precedent
for future projects.
8:19 p.m. In response to a question from Mark Andersen,Pct.6,James Malloy,Town Manager,
clarified the number of units that would be added to the SHI.He stated that since the units were
rentals,all 13 would be counted as affordable.
8:21 p.m. Jessie Steigerwald,Pct. 8,raised concerns related to process.Mr.Lucente responded.
8:24 p.m. Abutter,Rebecca Weiler, 19 Reed Street,spoke in opposition to the re-zoning,stating
impacts to the neighborhood and the precedent it would set for"urbanizing"small neighborhoods.
8:27 p.m. Jing Wang,23 Reed Street,also spoke in opposition,stating concerns related to
overdevelopment,and impact on traffic and the schools.
8:37 p.m. Zivthan Dubrosky,33 Reed Street,spoke in opposition,stating concerns over scale of
the project,lack of buffer zones,and impact on the schools.
8:43 p.m. In response to a question regarding departure from the plans as shown to Town
Meeting,Mina Mikarious,Town Counsel,explained the process for a PSDUP.He stated aesthetics
were not listed in the PSDUP and would not be enforceable.The Memorandum of Understanding,he
stated,would determine elements of the project moving forward.
8:45 p.m. James Shaw,Chair,Chamber of Commerce,spoke in favor and urged support.
8:54 p.m. Charles Hornig,member,Planning Board,explained the future planning process and
stated that public hearings would be held for the project.In response to a question,Mr.Malloy,stated
that all the elements of the MOU that were requested by the Town had been included in the current
agreement.
8:55 p.m. Nancy Shepard,Pct.4,called the question.Motion Adopted.
8:56 p.m. Mr.Grant made summary comments.
8:58 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 7
Adopted by the necessary two-thirds on a vote of:
Yes No Abstain
132 24 3
8:59 p.m. After the electronic vote was taken,Jessie Steigerwald,Pct. 8,reported that she had
incorrectly registered an abstention,rather than a"no"vote.The Town Clerk took note.
ARTICLE 1:REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
8:59 p.m. Charles Lamb,Chair,Capital Expenditures Committee,moved that the Report of the
Committee be received and placed on file.Motion Adopted.
9:00 P.M. Glenn Parker,Chair,Appropriation Committee,moved that the Report of the
Committee be received and placed on file.Motion Adopted.Mr.Parker made brief comments.
9:00 P.M. Joseph Pato,member,Board of Selectmen,moved to take up Article 3.Motion
Adopted.
9:01 P.M. Presented by Joseph Pato,member,Board of Selectmen.
ARTICLE 3:APPROPRIATE TO AND FROM SPECIFIED STABILIATION FUNDS
MOTION:
a) That$732,697 be appropriated to the Capital Stabilization Fund,and that to meet
this appropriation$732,697 be raised in the tax levy;and
November 12,2019 Special Town Meeting#1(2019-1),cont...
b) That$280,000 be appropriated to the Traffic Mitigation Stabilization Fund,and
that to meet this appropriation,$280,000 be transferred from the Traffic Mitigation
Special Revenue Fund;and
c) That$332,249.33 be appropriated to the Transportation Demand Management
Stabilization fund,and that to meet this appropriation$332,249.33 be transferred
from the Transportation Demand Management Special Revenue Fund.
9:01 P.M. Mr.Pato explained the elements of the motion,and reported the unanimous support of
the Board of Selectmen.
9:03 p.m. Alan Levine,member,Appropriation Committee,reported the unanimous support of
the Committee,and noted the correction of numerical inaccuracy in their vote.
9:04 p.m. Charles Lamb,Chair,Capital Expenditures Committee,reported the unanimous
support of the Committee for(a)and(b),with no position on(c).
9:04 p.m. Mr.Pato declined summary comments.The Deputy Moderator called for the vote.
9:04 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 3
Adopted on a vote of:
Yes No Abstain
150 0 2
9:06 p.m. Mr.Pato moved to take up Article 8.
9:06 p.m. Presented by Joseph Pato,member,Board of Selectmen.
ARTICLE 8:APPROPRIATE FUNDING FOR 25%DESIGN OF THE ROUTE 4/225
BEDFORD STREET-HARTWELL AVENUE-WOOD STREET TRANSPORTATION
IMPROVEMENT PROJECT
MOTION: That$1,500,000 be appropriated for design,engineering and architectural services for
25%design,for the Route 4/225 Bedford St-Hartwell Avenue-Wood Street
Transportation improvement plan,and that to meet this appropriation$250,000 be
appropriated from the Transportation Management Overlay District Stabilization Fund
and that the Treasurer,with the approval of the Board of Selectmen,be authorized to
borrow$1,250,000 under M.G.L.Chapter 44,Section 7,or any other enabling
authority,provided that no sums shall be borrowed or expended pursuant to this vote
unless the Town shall have voted to exclude the amounts needed to repay any
borrowing pursuant to this vote from the limitations on the property tax levy imposed
by M.G.L. Chapter 59,Section 21 C(otherwise known as Proposition 2%2).Any
premium received by the Town upon the sale of any bonds or notes approved by this
vote,less any such premium applied to the payment of the costs of issuance of such
bonds or notes,may be applied to the payment of costs approved by this vote in
accordance with M.G.L.Chapter 44,Section 20,thereby reducing the amount
authorized to be borrowed to pay such costs by a like amount.
9:07 p.m. Mr.Pato moved Article 8 and made brief comments on the history of the project and
reported the unanimous support of the Board of Selectmen.
9:07 p.m. James Malloy,Town Manager,presented a detailed review of the project and stated
the importance of funding the 25%design in order to maintain the Town's place on the State's
construction funding schedule.He stated the project was estimated at an eventual cost of$49.1
million,and that there would be an additional request for Town funding in 2024.
9:13 p.m. Charles Lamb,Chair,Capital Expenditures Committee,reported the support of the
Committee.
9:14 p.m. David Kanter,member,Capital Expenditures Committee,presented a minority report,
stating his belief that 25%in design funding was premature and that the$1.5 million being requested
was excessive.He urged a no vote.
9:17 p.m. Sanjay Padaki,member,Appropriation Committee,reported the unanimous support of
the Committee.
9:18 p.m. Charles Hornig,member,Planning Board,reported the unanimous support of the
Planning Board,stating he was pleased to see the project move forward.
9:19 P.M. In response from a questions from Mark Andersen,Pct. 6,Mr.Malloy explained that
the Town of Bedford had been notified of the changes to the Hartwell Avenue/Bedford Street
intersection,but that it would be unusual for Bedford to fund upgrades to roads in neighboring
communities.
November 12,2019 Special Town Meeting#1(2019-1),cont...
9:23 p.m. Frank Sandy,Pct.6,noted that the language of the motion included a reference to
Proposition 21/2,and asked if the Town planned to request an override.Mr.Pato explained that there
was no intention to seek a Proposition 2 1/2 override,and requested that the reference be removed.It
was removed,and considered a friendly amendment. (The friendly amendment was voted at 9:33
P.M.)
AMENDED MOTION:
That$1,500,000 be appropriated for design,engineering and architectural services for
25%design,for the Route 4/225 Bedford St-Hartwell Avenue-Wood Street
Transportation improvement plan,and that to meet this appropriation$250,000 be
appropriated from the Transportation Management Overlay District Stabilization Fund
and that the Treasurer,with the approval of the Board of Selectmen,be authorized to
borrow$1,250,000 under M.G.L.Chapter 44,Section 7,or any other enabling
authority.Any premium received by the Town upon the sale of any bonds or notes
approved by this vote,less any such premium applied to the payment of the costs of
issuance of such bonds or notes,may be applied to the payment of costs approved by
this vote in accordance with M.G.L.Chapter 44,Section 20,thereby reducing the
amount authorized to be borrowed to pay such costs by a like amount.
9:28 p.m. Lisa Marshall,a resident of Bedford and employee at Lincoln Lab,noted that the
Hartwell Avenue/Bedford Street intersection is dangerous for those on bikes,and stated that there had
been two cyclists hit in the past two years.
9:29 p.m. Mr.Kanter raised a point of order regarding the friendly amendment.
9:33 p.m. The Deputy Town Moderator called for a voice vote on the friendly amendment.
Unanimously Adopted.
9:35 p.m. Members expressed concerns over process,and the wisdom of starting a project of
such magnitude without a clearer scope.Members questioned whether the decision on funding the
25%design could wait until Annual Town meeting.Mr.Malloy responded.
9:46 p.m. George Burnell,Pct.7,urged support of the project and noted that he had worked for
35 years on upgrades to the Hartwell Avenue/Bedford Street intersection.
9:47 p.m. James Shaw,Chair,Chamber of Commerce,reported support of the Chamber and
urged a yes vote.
9:53 p.m. Mr.Pato declined summary comments.
9:53 p.m. The Deputy Moderator called the vote on the amended motion.
9:54 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 8
Adopted as amended by the necessary two-thirds on a vote of:
Yes No Abstain
139 13 3
9:56 p.m. The Deputy Moderator asked Mark Sandeen,member,Board of Selectman,to move
Article 6.Mr. Sandeen deferred to Robert Creech,Chair of the Planning Board,who moved the
Article.Motion Adopted.
9:56 p.m. Presented by Robert Creech,Pct.7,Chair,Planning Board.
ARTICLE 6:AMMEND ZONING BYLAW TO RESTRICT AUTOMATIC TELLER
MACHINE AS PRINCIPAL USE IN THE CENTER BUSINESS DISTRICT
MOTION: That the Zoning Bylaws, Chapter 135 of the Code of the Town of Lexington,be
amended as follows(cross out are eliminations and bold underline is new language):
1.Amend Chapter 135 §3.4 Table 1 H.1.07 of the Table of Uses,Principal Use to read as follows:
H. GC RO RS RT C N CRS CS C13, 10 CRO C11
H. PERSONAL,BUSIN'SSS OR GINIKU SERVICIUSES,
9:56 p.m. Mr.Creech moved Article 6,and moved to receive and place on file the Report of the
Planning Board on Article 6.Unanimously Adopted.
9:57 p.m. Jerold Michelson,Pct. 5,and member of the Lexington Center Committee made a
short presentation,stating that there was currently a"loophole"in the current zoning,which would
allow storefront businesses in the Lexington Center to become unmanned locations for group ATM
November 12,2019 Special Town Meeting#1(2019-1),cont...
service.He stated the Zoning Bylaw amendment would eliminate any ambiguity on this subject,and
urged support.
10:00 P.M. Mr.Creech reported the support of the Planning Board,(4-1)and made brief
comments.
10:00 P.M. Mark Sandeen,member,Board of Selectmen,reported unanimous support of the
Board.
10:03 p.m. Steven Heinrich,Pct.3,asked if CVS would be allowed to install an ATM machine.
10:04 p.m. Mr.Michelson replied in the affirmative,with Charles Hornig,member,Planning
Board,noting that it would be considered an accessory use.
10:05 p.m. James Shaw,Chair,Chamber of Commerce,reported the support of the Chamber.
10:05 p.m. Mr.Michelson urged a positive vote.
10:06 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 6
Adopted by the necessary two-thirds on a vote of:
Yes No Abstain
145 2 2
10:08 p.m. Douglas Lucente,Chair,Board of Selectmen,moved to take up Article 9.Motion
Adopted.
10:08 p.m. Presented by Douglas Lucente,member,Board of Selectmen.
ARTICLE 9:LED STREETLIGHT CONVERSION
MOTION: That$875,858 be appropriated for acquiring and installing light emitting diode(LED)
street lights including incidental and related costs,and that to meet this appropriation$875,858 be
raised in the tax levy.
10:08 p.m. Mr.Lucente moved Article 9,and made brief comments,noting that 30%of the cost
of the project would be paid with State grant funds.He asked to have James Malloy,Town Manager,
recognized.Mr.Malloy stated that the project would be started as soon as possible with a completion
date of May 2020.He said that with State incentives,the Town would be able to save$100,000 and
that the project would pay for itself in five years.
10:13 p.m. Mr.Lucente reported the unanimous support of the Board of Selectmen.
10:13 p.m. Charles Lamb,Chair of the Capital Expenditures Committee,reported the unanimous
support of the Committee.
10:13 p.m. Albert Nichols,member,Appropriation Committee,reported the unanimous support
of the Committee.
10:14 p.m. Steven Heinrich,Pct.3,questioned whether all lights would be replaced in Town.Mr.
Malloy stated that all 3,167 lights which are eligible for replacement will be replaced.In response to
a follow-up question,Mr.Malloy stated that the life expectancy of each light was 20 years.
10:18 P.M. Stephen McKenna,Pct. 6,called the question.Motion Adopted.
10:19 P.M. Following electronic vote tallying,the Deputy Town Moderator declared Article 9
Adopted on a vote of:
Yes No Abstain
131 0 2
10:20 p.m. The Deputy Town Moderator declared the Meeting open under Article 2.
10:20 p.m. Jill Hai,member,Board of Selectmen,moved to take up the Article.
10:20 p.m. Presented by Jill Hai,member,Board of Selectmen.
ARTICLE 2: APPROPRIATE FOR PRIOR YEAR'S UNPAID BILLS
MOTION: That this Article be Indefinitely Postponed.
10:20 p.m. Ms.Hai moved the question,and reported the unanimous support of the Board of
Selectmen.
10:20 p.m. Following a unanimous voice vote,the Deputy Town Moderator declared Article 2
Adopted.
10:21 p.m. The Deputy Town Moderator declared the Meeting open under Article 4.
10:21 p.m. Douglas Lucente,Chair,Board of Selectmen,moved to take up the Article.
10:21 p.m. Presented by Douglas Lucente,Chair,Board of Selectmen.
ARTICLE 4: AMEND FY2020 OPERATING,ENTERPRISE,REVOLVING AND CPA
BUDGETS
MOTION: (a)That the following adjustment be made to the following line item for the FY2020
budget as approved under Article 11 of the 2019 Annual Town Meeting:
November 12,2019 Special Town Meeting#1(2019-1),cont...
Line It Profyram I From To
820 wn Manager Personal Services IS 691-4841,S 738-984
and further that$47,500 be raised in the tax levy to finance said adjustment.
(b)That the following adjustment be made to the following line item for the FY2020
budget to operate the Water Division of the Department of Public Works as approved
under Article 12(a)of the 2019 Annual Town Meeting:
Prooram From TO
MWRA Assessment 1� 7,414.72A 7,413,364
(c)That the following adjustment be made to the following line item for the FY2020
budget to operate the Wastewater Division of the Department of Public Works as
approved under Article 12(b)of the 2019 Annual Town Meeting:
Propram From TO
M RA Assessment7,923A7,851,947
10:21 p.m. Mr.Lucente moved the question,made a brief presentation and reported the
unanimous support of the Board of Selectmen.
10:23 p.m. Eric Michelson,member,Appropriations Committee reported the unanimous support
of the Committee.
10:23 p.m. With no comments from members,the Deputy Town Moderator called for the vote.
10:24 p.m. Following electronic vote tallying,the Deputy Town Moderator declared Article 4
Adopted on a vote of
Yes No Abstain
128 0 3
ARTICLE 1: REPORTS OF TOWN BOARDS,OFFICERS AND COMMITTEES
10:24 p.m. Jill Hai,member,Board of Selectmen,moved that the Report of the Special Permit
Residential Committee be received and placed on file.Motion Adopted. She summarized the Report,
stating that final conclusions of the Committee had not yet been published,and that the Committee
had retained a consultant to assist in zoning matters.
10:28 P.M. Suzanne Barry,member,Board of Selectmen,moved that the Report of the Cemetery
Study Committee be received and placed on file.Unanimously Adopted. She summarized the Report
of the Study Committee and stated that the Committee had voted(5-1)not to recommend a
crematorium at the Westview Cemetery at this time.
10:30 p.m. Douglas Lucente,Chair,Board of Selectman moved to dissolve Special Town
Meeting 2019-1.Motion Adopted.
A true copy.
Attest:
Nathalie L.Rice,Town Clerk