Loading...
HomeMy WebLinkAbout2020-03-02 SB-min Select Board Meeting March 2, 2020 A meeting of the Lexington Select Board was called to order at 7:00 PM. on Monday, March 2, 2020 in the Select Board Meeting Room, Town Office Building. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. PUBLIC COMMENTS Mr. Kevin Johnson, 283 Concord Avenue, expressed concern regarding the draft 1050 Waltham Street Memorandum of Understanding (MOU) which focused on the difference between “requiring” tenant subsidies for employee transit and “encouraging” them, as the MOU language is worded. Also, he asked that Lexington residents be able to avail themselves of the shuttle service Greatland is required to provide. Mr. Johnson offered an amendment to Annual Town Meeting Article 42 that would require Greatland to offer spare shuttle capacity for a nominal fare, for a trial period of at least 6 months. Sally Castleman, 3 Currier Court/Co-chair of the Transportation Advisory Committee (TAC), also expressed concern regarding the draft 1050 Waltham Street MOU. She supported Mr. Johnson’s amendment and asked that Greatland also submit a plan to reduce tenant single-occupancy vehicle use by 15%. Also, while it is assumed that some of the upfront Transportation Demand Management payment from Greatland will go to the support of LexPress, TAC does not feel the $5,000 stated in the MOU is adequate. Lili Silvera, 85A Pleasant Street, stated that the Hosmer House should be kept in its current location because of it is beauty and historic value. She believes the house can be restored inexpensively and recommends that it be used for something like a recycle shop. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS Ms. Hai  MAGIC (Minuteman Advisory Group on Interlocal Coordination) will issue a report this spring on healthy aging and healthy living, including suggestions for both local and regional strategies that address housing and transportation for all age groups. MAGIC will also host presentation about multi-family zoning on March 5, 2020. Mr. Pato  Vision 2020 committee is hosting a “Futures Panel on Thursday, April 2, 2020 in Cary Memorial Building at 7:00 PM to 9:00 PM.  Mr. Pato and Mr. Sandeen attended the regional subgroup “Sustainable Middlesex” meeting, at which there were three presentations. The first was by Senator Mike Barrett on the next generation Sustainability Act passed by the Senate. The second one was by Representative Minicucci on the Futures Act, looking at ways to create incentives for the utilities to move away from fossil fuels and toward thermal energy. The third presentation was by Lexington resident Ricki Pappo who described activities nearby towns have been working on to move sustainability efforts forward. Mr. Lucente 1  Mr. Lucente announced that he and Ms. Hai are the Select Board members who will serve on the preliminary interview team for respondents to the request for proposals (RFP) for the position of Legal Services/Town Counsel. Finalists will be interviewed in open session by the full Board. Ms. Barry  Ms. Barry reminded residents that March 3, 2020 is Election Day. She acknowledged Kate Colburn, departing School Committee member and former Appropriation Committee member, for her dedicated and tenacious service to the Town and she thanked departing Town Meeting members as well.  Ms. Barry attended the Hanscom Area Towns Committee (HATS) meeting last week at which Lisa Weiland, MassPort Director, spoke about MassPort’s operations at Logan, Hanscom, and Worcester airports. Ms. Weiland stated that Hanscom anticipates only a 0.3% growth rate of over the next 5-10 years. Mr. Weiland also mentioned that an unnamed “global entity” has expressed interest in locating its headquarters on Hanscom Drive but stated that the company would have no impact on aviation. An impact to road traffic would be likely, however. Ms. Barry also acknowledged Mike Rosenberg, Town of Bedford Select Board member, who is not running for another term. Mr. Rosenberg has served on HATS as Bedford’s representative on 12 years. He was presented with an American Flag that had been flown in all HATS communities, on Hanscom AFB, and at Hanscom Field.  Ms. Barry, Mr. Pato, and Mr. Lucente attended the first annual Community Center Annual Meeting which also marked the disbandment of the Community Center Advisory Committee. A discussion took place about Community Center programming and the Center’s strategic plan. A Recreation Needs Assessment study will be launched this week. In October 2020, the Community Center will have been open 5 years. Mr. Sandeen  Mr. Sandeen attended the Library Trustees meeting at which is it was announced that a new chair will be sought since Mr. Pato, current Library Board of Trustees Chair, has reached the term limit serving in that role. Mr. Sandeen thanked Mr. Pato for his able leadership for the past three years. TOWN MANAGER REPORT  Mr. Malloy updated the Board about negotiations with Eversource relative to the Solar Project which he said has encountered further complications. These complications threaten to impact the timing of securing incentives funding by the date desired. Town Counsel has been working with Lexington’s Public Facilities department on the matter and Mr. Malloy will distribute communication regarding the lease agreement to the Select Board at the end of tonight’s meeting. Mr. Malloy has notified Dr. Hackett, Superintendent of Schools, about these complications. He hopes to expedite the lease agreement in order to get into the current tranche of incentives being offered. If that does not transpire, the Town will only be able to save $3M, not the anticipated $5M. Power Purchase agreements also need to be signed before the effort can move forward.  Mr. Malloy reported that earlier today, the Board of Health (BOH) held an emergency meeting, attended as well by Lexington’s Public Safety providers. The purpose of the meeting was to address the need for a unified Risk Communication Strategy around the emerging COVID-19 virus. Mr. Malloy noted that decisions for local response are made by Boards of Health in consultation with State level Public Health officials, not by the Centers for Disease Control. 2 Dr. Heiger-Bernays, Board of Health Chair, reported that at the meeting local capacity was discussed, as was the need for clear, consistent messaging through the Public Health office to the community. Also discussed was the need for a continuity of operations plan and the need to update the Public Health emergency dispensing plan. Board of Health directives may include quarantine, isolation, school and office closures. Per Massachusetts General Laws, Health Director Carrie Sasportas is the Lexington Incident Commander; and Public Health Nurse David Neylon is Clinical Operations manager and Case Management Officer for all public health emergencies. Dr. Heiger-Bernays said it is critical that all Town leadership speak with one voice on all messages about Covid-19 and that communication go through the Public Health office only. The Town’s Public Information Officer will disseminate and direct messages when necessary and as appropriate. Dr. Heiger-Bernays emphasized that the Town is not now in a state of emergency but must plan for that possibility. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Applications: KWC Classic Fundraiser Benefiting the Children's Room - Entertainment License and One-Day Liquor License The Board was joined by Jennifer Carbone, Carolyn Coppe-Peacock, and Patrice Cleaves, applicants for the special event permit in question. The application has been reviewed and approved by the Town Manager's Office, Police, Fire, and DPW and a Special Event Permit was issued by the Town Manager's Office. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve an Entertainment License for the purpose of providing live music for patrons of the KWC Classic Fundraiser benefiting The Children's Room to take place on Saturday, March 14, 2020 from 3:00 p.m. to 7:00 p.m. in the gazebo at Hastings Park. Upon a motion duly made and seconded, the Select Board voted 5-0 to approve a One-Day Liquor License to serve beer, wine, and malt beverages for the purpose of the KWC Classic Fundraiser benefiting The Children's Room to be held at Hastings Park at Lincoln Street between Worthen Road and Hastings Road on Saturday, March 14, 2020 from 3:00 p.m. to 7:00 p.m. with a rain location of the lobby of Cary Memorial Building, 1605 Massachusetts Avenue. 2. Request for Use of the Battle Green - ColdWater Media, Inc. Documentary Filming ColdWater Media, Inc. has requested permission to film a TV documentary on the Battle Green on Tuesday, March 10, 2020 for approximately one hour between 10:00 a.m. to 4:00 p.m. (the applicant will be filming at Minute Man National Historical Park prior and are not sure of an exact time arrival time to the Battle Green). Police, Fire, and DPW have no objections to this request. The applicant has received the Battle Green Regulations and was notified directly that drones, of any size, are not permitted on the Battle Green. Dawn McKenna, Chair of the Tourism Committee, noted that similar past filmings have provided spare footage to the Town to use in its own marketing. She asked that this request be made of ColdWater. The Board agreed to Ms. McKenna’s suggestion but only as a request, not as a condition. 3 Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the request for ColdWater, Media, Inc. to use the Battle Green on Tuesday, March 10, 2020 to film a TV documentary on the Battle Green for approximately one hour between 10:00 a.m. to 4:00 p.m. 3. Adjust Sidewalk Permit Fees Mr. Malloy stated that it has been the Town’s practice to allow food establishments to procure a license to place seasonal customer tables on the sidewalks in the Center. The fee is based on the amount of space used; each year the standard practice has been to raise the fee by 3%. There have been no similar requests from other restaurant establishments at this point. Upon a motion duly made and seconded, the Select Board voted 5-0 to establish the sidewalk permit fees for Bertucci's at $4,032 per year and for Peet's Coffee at $479 per year for 2020. 4. Select Board Committee Appointment Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Hema Gandhi as a member to the Lexington Council for the Arts committee with a term expiration date of September 30, 2022. 5. Update - ATM 2020 Warrant Article 34 - Authorize Special Legislation-Development Surcharge for Community Housing Mr. Matt Daggett, 11 White Pine Lane/Citizen Petitioner of Article 34, stated that the article seeks the authority for the Select Board to petition the legislature to allow the Town to impose a surcharge on all new single and two-family homes. The funds would be set aside for community low- and middle-income housing. Mr. Daggett said this proposal is intended to stem losses of Lexington's smaller home inventory through rehabilitation, preservation, and reuse (rather than demolition/teardown); and to develop an effective process to create new housing alternatives. Mr. Daggett stated that the language of Article 34 has been reviewed by Town Counsel. If the Article were to pass Town Meeting, there would still be flexibility to tailor it before it goes to the Legislature as a Home Rule petition. Mr. Dagget also proposed adding a residential linkage fee, a “community housing surcharge," to all new single- and two­family residential construction building permits. He stated this would apply to parcels where an existing single- or two-family dwelling has been demolished to create one or more buildable lot. The fee could be collected at the time a Certificate of Occupancy is issued or it could be deferred by adding it incrementally (20%/yr. for 5 years) to property taxes at a 0% interest rate. Mr. Daggett suggested the amount of the community housing charge would be determined by the Select Board and would be adjusted annually for inflation. He recommended the rate be applied on a dollars- per-square-foot basis on the certified gross floor area of the structure(s) permitted. Mr. Daggett included reporting mechanisms in his proposal that would keep tabs on how well the initiative is working. Mr. Sandeen asked for clarification on the term “commuity housing” and if Mr. DSaggett had a goal for the amount of funds the Town might reap from the surcharge. Mr. Daggett said that community housing is defined as low-to-moderate income housing for individuals and families, including seniors, or 100% or less of the Area Median Income (AMI). There are formulas for fee-setting but this will take further consideration and a public process. Ms. Hai asked if Town staff would have to determine whether or not property occupants were owners and therefore elgible for the fee abatement provision. Mr. Daggett said the Town would either apply the 4 surcharge upfront or it would become, in effect, a lien on the tax bill. An investement property, not owner-occupied, would be able to take advantage of the 5 year increment payment option. Mr. Pato said he is in favor of preserving a variety of housing and noted that, since 2009, the Commuity Preservation Act has funded over $11M for community housing in Lexington. He is sympathic to Mr. Daggett’s efforts but would like more time to dig into the particulars of the proposal. Mr. Lucente noted that change in house size is not only from large homes that replace small homes teardowns, but also from expansions to existing houses that increase the dimensions. He asked Mr. Daggett to consider language allowing a homeowner to avoid the surcharge if replacement was due to a disaster, such as fire. He asked Mr. Malloy and Ms. Kosnoff to calculate how much Article 34 would cost to administer. He looks forward to hearing comunity feedback. Ms. Barry asked what other communities have done with regard to community housing and what has been done by way of outreach to Town Meeting members and the community regarding Artice 34. Mr. Daggett reported that the Town of Concord passed a similar article last year and other commuities are using real estate transfer fees to accomplish similar aims. Linkage fees, such as what Article 34 proposes, pass legal muster. Mr. Daggett said there has been a lot of conversation about the need for community housing, so the subject itself is not new; he believes questions will be more along the lines of: will the proposal work and will the fee be worth the effort. Mr. Sandeen said it would be useful to know what other communities have accomplished with the surcharge. He is interested to know what Mr. Daggett believes are the pros and cons of the other approaches, such as transation fees. Ms. Barry asked Mr. Malloy to ascertain whether the incremetal surcharge could indeed be added to a property tax bill, as fees proposed in the past have not be able to be added. Todd Cataldo, 168 Grant Street, believes it is unrealistic for the Town to compete in the real estate market to buy property and to then act as the developer. Mr. Daggett said once the funds are in the Affordable Housing Stabilization Fund, they could be used for land acquisition or real estate purchase, similar to the mechanisms already used by LexHab. Mr. Cataldo said developers would merely pass the fee along and the burden would rest with the buyer. Bob Pressman, 22 Locust Avenue, asked what would happen if someone sold their property prior to paying off the 5-year incrementally applied surcharge. Mr. Daggett said the remainder would come due upon the sale of the property. Dawn McKenna, Precinct 6 Town Meeting Member, said she would like the community to discuss and decide where the line is between providing Affordable Housing as required by law and making the town accessible to anyone who wans to live in Lexington. She believes the Town does a tremendous amount on the Affordable Housing front and that developers and home owners who invest in their homes would take the brunt of Article 34. 6. Update - ATM 2020 Warrant Article 46 - Amend Zoning Bylaw-Gross Floor Area Matt Daggett, 11 White Pine Lane, presented this Citizen Article which seeks to regulate the gross floor area (GFA) in order to limit visual massing of buildings. The proposed Bylaw amendment is specific to below grade areas, initially built as a "crawl space”, but later modified to allow for a fully finished lower level, thus increasing GFA above what would otherwise be allowed. Mr. Daggett noted certain liberties that have been taken over time, with regard to the letter versus the spirit of the Bylaw. In Mr. Daggett’s 5 research, the only other comparable community that has retained basements in GFA calculations is Brookline. The motion seeks to: remove basement areas from the calculation of GFA; recalibrate the maximum allowable GFA levels since basement areas would no longer be included in GFA calculations; and assess potential impacts and secondary effects of the proposed changes. Mr. Daggett has received feedback from the Planning Board’s Public Hearing, not yet closed, which he will incorporate in a revised draft of the motion. Ms. Hai said that she, too, has felt that basements should not be included in GFA but asked why Mr. Daggett did not include attics in his proposal. She believes the purpose of passing such an article would be to protect the integrity of Lexington’s neighborhoods, not to pass judgment on different people or housing styles. She asked Mr. Daggett to conduct an exercise to make sure that— using the proposed GFA formula— older/smaller homes would not become a new category of non-compliant dwellings. Mr. Daggett said his strategy is to focus on manageably-sized, targeted fixes, noting that the Bylaw has already been amended once. Attics are a related, but equally complicated, issue. Mr. Daggett wants to make sure that by closing one deficiency the Town would not be opening another. He has done the older home calculation which he said shows most would comply. Mr. Pato said that Mr. Daggett’s proposal reflects on feedback he has gotten in the past from residents who were surprised at what is still allowed, even after the last changes to GFA some year ago. He supports Mr. Daggett’s general direction with the article. Mr. Lucente noted that with any zoning change, concerns are: “Will it reap the desired results?” and “How will people get around it?” Mr. Sandeen asked Mr. Daggett to send the Board the formula for recalculating allowable GFA. Mr. Sandeen expressed concern that Mr. Daggett’s four-house example, in the presentation, may not cover all possible scenarios. Edward B. Feinman, 9 Linmoor Terrace, said he does not like the proposal which he believes has the intent of down-sizing future homes. He believes the proposal conflates two things: how to count basement space (a minor issue) and changing the total allowable residential GFA for every Lexington home (a major issue). Mr. Feinman said that zoning is an overly blunt planning tool and that all neighborhoods are not created equal. He believes the proposal should have been brought to the Planning Board much sooner than the Public Hearing to allow time for unbiased research and community discussion. He stated that no financial analysis has been done to show how this proposal would affect the Town or the homeowner. By his calculations, Mr. Daggett’s formula would reduce the allowable GFA for Mr. Feinman’s home by 30%. He believes the proposal should be tabled and sent back to the Planning Board for further review. A five-minute recess was taken at 9:00 p.m. The meeting resumed at 9:05 p.m. 7. 2020 Annual Town Meeting  Discuss & Vote on Board Report to Town Meeting Members reviewed all substantive revisions submitted to Ms. Katzenback since the last meeting. Ms. Katzenback will amend the report as agreed. 6  Article Discussion; Article Positions; ATM Consent Agenda The Board reviewed its positions on the 2020 Annual Town Meeting articles. The resulting chart is appended to these minutes. ADJOURN Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:35 p.m. A true record; Attest: Kim Katzenback Executive Clerk Kim Siebert Recording Secretary 7 2020 Annual Town Meeting Position Chart as of March 2, 2020 ARTICLES PRSNTR IP CNSNT DL JP SB JH MS DL Y W W Article 2 Select Board Report DL Y Y Y Y Y Article 4 Appropriate fy2021 operating budget MS Y Y Y Y Y Article 5 Appropriate fy2021 enterprise funds budgets JP Y Y Y Y Y Article 6 Establish qualifications for tax deferrals JP Y Y Y Y Y Petition general court to amend legislation regarding tax Article 7 deferrals JH W Y Y W Y Article 8 Short term rental impact fee JH Y Y Y Y Y Article 9 Establish and continue departmental revolving funds Appropriate the fy2021 community preservation committee Article 10 operating budget and cpa projects a) Archives & Records Management/Records CNSNT Y Y Y Y Y Conservation & Preservation- $20,000 - consent b) Restoration of Margaret Lady of Lexington Y Y Y Y Y Painting- $9,000 - Y Y Y Y Y c) Battle Green Master Plan- Phase 3- $317,044 JP IP CNSNT IP IP IP IP IP d) Conservation Land Acquisition - IP CNSNT Y Y Y Y Y e) Daisy Wilson Meadow Preservation- $22,425 – consent Y Y Y Y Y f) Wright Farm Site Access Planning and Design- $69,000 Y Y Y Y Y g) Athletic Facility Lighting- $450,000 h) Park Improvements- Hard Court Resurfacing- Y Y Y Y Y Valley Tennis Courts- $100,000 i) Park and Playground Improvements- Sutherland Y Y Y Y Y Park- $95,000 Y Y Y Y Y j) Park Improvements- Athletic Fields- Harrington, Bowman, and Franklin Field- $370,000 Y Y Y Y W k) Parker Meadow Accessible Trail Construction- Art. 10 cont. $551,026 Y Y Y Y Y 1) Lexington Housing Authority- Greeley Village Community Center Preservation- $130,000 Y Y Y Y Y m) LexHAB- 116 Vine Street Design Funds- $100,000 CNSNT Y Y Y Y Y n) CPA Debt Service- $3,016,730 - consent CNSNT Y Y Y Y Y o) Administrative Budget- $150,000 - consent Article 11 Appropriate for recreation capital projects SB Y Y Y Y W a) Pine Meadows Club House Renovation b) Pine Meadows Equipment – consent CNSNT Y Y Y Y Y 8 ARTICLES PRSNTR IP CNSNT DL JP SB JH MS Appropriate for municipal capital projects and equipment Article 12 Y Y Y Y Y a) Ambulance Replacement Y Y Y Y Y b) Athletic Fields Feasibility Study CNSNT Y Y Y Y Y c) Hydrant Replacement Program - consent Y Y Y Y Y d) Storm Drainage Improvements and NPDES compliance CNSNT Y Y Y Y Y e) Sidewalk Improvements - consent JH Y Y Y Y Y f) Equipment Replacement CNSNT Y Y Y Y Y g) Town wide Signalization Improvements - consent CNSNT Y Y Y Y Y h) Street Improvements - consent Y Y Y Y Y i) New Sidewalk Installations CNSNT Y Y Y Y Y j) Transportation Mitigation - consent CNSNT Y Y Y Y Y k) Municipal Technology Improvement Program – consent CNSNT Y Y Y Y Y Art. 12 cont. l) Application implementation - consent CNSNT Y Y Y Y Y m) Phone Systems & Unified Communications - consent MS CNSNT Y Y Y Y Y Article 13 Appropriate for water system improvements - consent MS CNSNT Y Y Y Y Y Appropriate for wastewater system improvements- consent Article 14 SB Y Y Y Y Y Article 15 Appropriate for school capital projects and equipment DL Article 16 Appropriate for public facilities capital projects a) Police Outdoor/Indoor Firing Range - Hartwell W Y W Y W Avenue Y Y Y Y Y b) Center Recreation Complex Bathrooms & Maintenance Building Renovation Y Y Y Y MI c) Public Facilities Master Plan Y Y Y Y Y d) LHS Science Classroom Space Mining Y Y Y Y Y e) Town wide Roofing Program CNSNT Y Y Y Y Y f) School Building Envelopes and Systems - consent CNSNT Y Y Y Y Y g) Municipal Building Envelopes and Systems - consent h) Facility and Site Improvements - consent CNSNT Y Y Y Y Y Building Flooring Program School Paving & Sidewalks Program 9 ARTICLES PRSNTR IP CNSNT DL JP SB JH MS i) Public Facilities Bid Documents - consent CNSNT Y Y Y Y Y j) Public Facilities Mechanical/Electrical System CNSNT Y Y Y Y Y Replacements- consent SB Y Y Y Y Y k) Westview Cemetery Building Construction JH Y Y R Y Y Appropriate to post employment insurance liability fund Article 17 SB CNSNT Y Y Y Y Y Article 18 Rescind prior borrowing authorizations - consent JP W W W Y Y Establish, dissolve and appropriate to and from specified Article 19 stabilization funds DL CNSNT Y Y Y Y Y Appropriate from debt service stabilization fund - consent Article 20 MS Y Y Y Y Y Article 21 Appropriate for prior years’ unpaid bills DL Y Y Y Y Y Article 22 Amend FY2020 operating, enterprise and CPA budgets JH ? ? W W W W W Article 23 Appropriate for authorized capital improvement SB N N N N N Article 24 Reduce legal expenses (citizen petition) DL W W W W W Article 25 Purchase of land/eminent domain SB Y Y Y Y Y Amend historic districts commission enabling legislation Article 26 MS Y Y Y Y Y Article 27 Amend general bylaws-noise construction limits JP W W W W W Article 28 Amend general bylaws-noise control (citizen petition) MS Y Y Y W Y Article 29 Declare climate emergency (citizen petition) SB W W W W W Article 30 Land exchange (citizen petition) DL IP IP IP IP IP IP Amend general bylaws-demolition delay (citizen petition) - Article 31 IP DL IP IP IP IP IP IP Extend Hancock-Clark historic district (citizen petition) - IP Article 32 JP W W W W W Amend general bylaws-running bamboo control (citizen Article 33 petition) JH W W W W W Authorize special legislation-development surcharge for Article 34 community housing (citizen petition) DL W Y W W Y Amend zoning bylaw-distance from basement, slab or Article 35 crawl space and groundwater JH W Y W Y Y Article 36 Amend zoning bylaw-short term rentals JP W W W W W Article 37 Amend zoning bylaw-site plan review 10 ARTICLES PRSNTR IP CNSNT DL JP SB JH MS SB W W W W Y Article 38 Amend zoning bylaw-financial services MS W W W W W Article 39 Amend zoning bylaw-solar energy systems MS W W W W W Article 40 Amend zoning bylaw-wireless communication facilities JH W Y W W Y Article 41 Amend zoning bylaw-technical corrections JP Y W Y Y W Amend zoning bylaw and zoning map, 1040-1050 Waltham Article 42 Street (owner petition) SB W W W W W Amend zoning bylaw and map-Hartwell Avenue area Article 43 (citizen petition) MS W W W W W Amend the zoning bylaw and map- Bedford street near Article 44 Hartwell Avenue (citizen petition) DL W Y W W W Amend zoning bylaw-front yard, transition, and screening Article 45 areas (citizen petition) JH W W W W W Article 46 Amend zoning bylaw-gross floor area (citizen petition) 11