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HomeMy WebLinkAbout2021-03-01 SB-min Select Board Meeting March 1, 2021 A remote participation meeting of the Lexington Select Board was called to order at 6:00 p.m. on Monday, March 1, 2021 via Zoom remote meeting services. 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; Ms. Katzenback, Executive Clerk; and Mr. Gibbons, Recording Secretary. Mr. Lucente stated this remote participation meeting is being held in accordance with Governor Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts’ State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2021 Annual Town Meeting ● Article Discussion/Positions The Board reviewed the Annual Town Meeting articles, the resulting positions chart is appended to the end of these minutes. Mr. Charles Hornig, 18 Bacon Street and Planning Board Chair, stated that the Zoning Board of Appeals and the Historical Commission held discussions regarding Article 39 - Amend Zoning Bylaw-Historic Preservation Incentive and there were no changes to the article since it was first presented to the Board. Mr. Hornig stated that all Zoning related articles would be discussed at the Planning Board’s Wednesday, March 3, 2021 meeting. Mr. Makarious, Lexington Town Counsel, informed the Board that he had spoken with the Town Moderator about potentially postponing Article 40 - A mend Zoning Bylaw-Retaining Walls to a fall Town Meeting. Ms. Sheila Page, Assistant Planning Director, stated that there had been ongoing discussions regarding Article 40 and that the Planning Board would be discussing the Article at their meeting on March 3, 2021. Ms. Page noted that Article 43 Amend Zoning Bylaw- Technical Corrections was still on as a placeholder, and that the Planning Board would be discussing this Warrant Article on March 3, 2021. Mr. Pato voiced enthusiastic support for more development at the Hartwell Innovation Park but stressed that we must do our utmost to do so sustainably and responsibly. He is concerned that we may be creating undesirable growth with respect to sustainability and greenhouse gas emissions. He expressed concerns that changes over the past week and a half appear to have weakened protections. Increased development will bring larger impact, so responsible growth requires positive direction in the kinds of structures that are built. While he is waiting for the process to evolve, he felt that if there were not adequate protections, he would be unable to support the article. Ms. Amanda Loomis, Planning Director, gave a presentation to the Select Board regarding Articles 44 - Amend Zoning Bylaw-Use And General Regulations and 45 Amend Zoning Bylaw & Zoning Map –Hartwell Innovation Park. Mr. Sandeen stated that he agreed with the comments Mr. Pato made. When we look at priorities from a sustainability perspective and in the Sustainable Action Plan, buildings in Lexington are our #1 priority, generating about 66% of Lexington’s greenhouse gas emissions. Lexington’s commercial buildings are responsible for over half of those emissions. We expect that adoption of Article 16 at the fall 2020 Town Meeting will result in doubling, tripling, or perhaps even quadrupling the amount of commercial real estate space on Hartwell Avenue. We know the best time to reduce building emissions is during design, and that retrofitting buildings to achieve emissions reductions will be much more expensive. Mr. Sandeen said he was concerned that there had been a number of recently proposed changes on an almost daily basis leading up to Town Meeting., He noted that he would like to see incentive-based zoning language to build on the Article 16 language passed in the fall, as suggested by the Attorney General, to encourage more sustainable development. Mr. Pato asked Town Counsel to comment on the role of incentives. Mr. Makarious stated that incentives had previously been allowed by the Attorney General but the extent of the incentives a town seeks to pursue could leave them open to litigation. Mr. Pato observed that the zoning that existed in the Hartwell area prior to Article 16 passing in the 2020 Fall Special Town Meeting could not be considered financially infeasible to develop as several buildings had been built in the area with that zoning. He suggested that we should consider bundling all the proposed growth in density changes from the code prior to Article 16 with incentives. This would mean that additional density could only be achieved if the development met Town goals. Mr. Hornig noted that all of the sustainability provisions that were approved by the Planning Board and the Fall Town Meeting were being carried forward in Warrant Articles 44 and 45. Ms. Sandhya Iyer, Economic Development Director, noted that the proposed changes regarding sustainability were incremental changes, and noted that technology will likely further encourage businesses and developers to undertake more sustainable projects in the future. She stated that the Town should try to pursue bylaws that would allow the Town to encourage projects to be as sustainable as possible. Mr. Creech, 2 Grimes Road and Planning Board member, noted that the Planning Board would be meeting on Wednesday and that they would ensure that what is discussed at Town Meeting would take into account the developers ability to construct a sustainable and economically viable project. Ms. Barry asked if the Planning Board would be taking a position on Article 36-Authorize Special Legislation-Development Surcharge For Affordable Housing. Mr. Creech stated that Mr. Daggett, article 36 petitioner was on the Planning Board agenda for March 10, 2021. Ms. Barry asked, with the Town Election that week, if the newly elected Planning Board members would be participating in the discussions on the warrant articles later that week. Mr. Creech confirmed that they would. Mr. Sandeen asked if Staff would be addressing the revolving funds, and the effect of COVID-19 on them, at Town Meeting. Mr. Malloy informed the Board that he would check with staff. Mr. Lucente asked if the Board was comfortable with Article 10 - Appropriate FY2022 Community Preservation Committee Operating Budget And CPA Projects - being a part of the Consent Agenda for Town Meeting and the Board confirmed they were in agreement to include it on the consent. Mr. Sandeen asked which public parking lot improvement plan was being addressed in Article 12- Appropriate for Municipal Capital Projects and Equipment. Mr. Malloy stated that the parking lot project that came off was the parking lot consolidation project and stated that it was the parking meter replacements that would be funded by Article 12(o)-Parking System. Mr. Sandeen and Mr. Lucente noted that they were both “waits” on Article 12(o) Mr. Lucente stated that the Noise Advisory Committee was requesting to indefinitely postpone Article 28 - Reducing Noise from Landscaping Equipment - and would hold additional community conversations with key stakeholders before bringing it to a future Town Meeting. Mr. Lucente asked Ms. Axtell about the protocol of having all Warrant Articles that are indefinitely postponed added to the Consent Agenda. Ms. Axtell indicated that Warrant Articles that were indefinitely postponed could be added to the Consent Agenda. Mr. Malloy stated that Department of Public Works Director Dave Pinsonneault shared concerns over the second motion in Article 33 - Amend General Bylaws- Tree Bylaw: Data Collection and Education - r egarding the Public Works Department going onto private property. Ms. Barry asked if there would be input from the Department of Public Works (DPW) on Article 37 - Amend General Bylaws-Stormwater Management (Chapter 114). Mr. Malloy stated that the DPW indicated that they did not have concerns with the article. It was also noted that Article 37 was pending as a possible indefinite postponement, and that the Planning Board would be discussing it on March 3, 2021. Ms. Axtell asked that should Article 37 be indefinitely postponed it be added to the Consent Agenda. Ms. Axtell stated Article 38 - Amend General Bylaws-Trees (Chapter 120) - is indefinitely postponed as well, and added to the consent agenda. ● Discuss Select Board Report Under Annual Town Meeting Warrant Article 2 Mr. Lucente asked the Board for their feedback for topics to include in the 2021 Annual Town Meeting Article 2 Select Board Report. Ms. Barry suggested that the Board recognize the Town’s experiences brought about by the COVID-19 pandemic, include a buildings update to the 2020 report, include information on the Town’s Social Racial Equity initiatives, and include information on the Special Permit Residential Development (SPRD) Zoning Bylaw Amendment Committee. Ms. Hai suggested the relaunch of the Stone Building Ad Hoc Committee be included under the buildings section of the Select Board Report. Mr. Pato suggested adding a section on the Home Rule Petitions from past Town Meetings. The Board discussed which members would write each portion of the report and would return their portions to Ms. Katzenback by Friday March 12, 2021. Ms. Axtell reminded the Board that the TMMA Meeting Night is March 11, 2021 and that 10 minutes would be reserved for questions and answers. Mr. Lucente stated that a question and comment section had been added to the Town Meeting page on the Town’s website. DOCUMENT(S) PRESENTED: 2021 TMMA info night schedule; Art 28 landscaping motion IP; 2021 ATM Positions Chart; 2021 ATM Warrant; Presentation - Planning Dept update Articles 44 & 45 ADJOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to adjourn at 7:51 p.m. A true record; Attest Michael Gibbons Recording Secretary 2021 ANNUAL TOWN MEETING Select Board Positions Chart as of 3-1-2021 Propose d SELECT CNSNT BOARD # Article Name (PC) IP DL JP SB JH MS PRSNTR Notice Of Election 1 Election Of Deputy Moderator And Reports Of Town Boards, DL Officers And Committees 2 3 DL Appointments To Cary Lecture Series. Y Y Y Y Y 4 DL Appropriate FY2022 Operating Budget Y Y Y Y Y 5 JH Appropriate FY2022 Enterprise Funds Budgets Y Y Y Y Y Appropriate For Senior Services Program 6 PC Y Y Y Y Y 7 SB Appropriate For Municipal Organizational Assessment Y Y Y Y Y 8 JP Appropriate For 20/20 Vision Survey Y Y Y Y Y 9 MS Establish and Continue Departmental Revolving Funds Y Y Y Y Y Appropriate The Fy2022 Community Preservation Committee Operating Budget And CPA Projects 10 a) Park and Playground Improvements- South Rindge Avenue - $170,000 PC Y Y Y Y Y b) Park Improvements- Athletic Fields- Muzzey Field - $155,000 PC Y Y Y Y Y c) Community Center Mansion Sidewalk & Patio - JP $110,000 PC Y Y Y Y Y d) Playground Enhancements - Pour-in-Place Surfaces - $150,000 PC Y Y Y Y Y e) CPA Debt Service - $TBD PC Y Y Y Y Y f) Administrative Budget - $150,000 Y Y Y Y Y Appropriate For Recreation Capital Projects 11 PC Y Y Y Y Y Appropriate For Municipal Capital Projects And Equipment 12 a) Transportation Mitigation PC Y Y Y Y Y b) Self-Contained Breathing Apparatus Replacement PC Y Y Y Y Y SB c) Townwide Culvert Replacement PC Y Y Y Y Y d) Equipment Replacement PC Y Y Y Y Y e) Sidewalk Improvements PC Y Y Y Y Y PC f) Storm Drainage Improvements and NPDES compliance Y Y Y Y Y PC g) Comprehensive Watershed Stormwater Management Y Y Y Y Y h) Street Improvements PC Y Y Y Y Y i) Hydrant Replacement Program PC Y Y Y Y Y j) Public Parking Lot Improvement Program Y Y Y Y Y k) New Sidewalk Installations Y Y Y Y Y l) Staging for Special Events Y Y Y Y Y m) Cary Library Network Upgrade PC Y Y Y Y Y n) Electric Vehicle Charging Stations Y Y Y Y Y o) Parking System W Y Y Y W Appropriate For Water System Improvements. 13 PC Y Y Y Y Y Appropriate For Wastewater System Improvements 14 PC Y Y Y Y Y Appropriate For School Capital Projects And Equipment 15 PC Y Y Y Y Y 16 Appropriate For Public Facilities Capital Projects a) Public Facilities Bid Documents PC Y Y Y Y Y b) Facility and Site Improvements:  Building Flooring Program;  School Paving & Sidewalks Program PC Y Y Y Y Y c) Public Facilities Mechanical/Electrical System Replacements PC Y Y Y Y Y JH d) Municipal Building Envelopes and Associated Systems PC Y Y Y Y Y e) Townwide Roofing Program PC Y Y Y Y Y f) School Building Envelopes and Associated Systems PC Y Y Y Y Y g) Center Recreation Complex Bathrooms & Maintenance Building Renovation Y Y Y Y Y h) Space Needs for School Year 2021-22 Y Y Y Y Y i) HVAC Improvements- IP PC IP Y Y Y Y Y 17 MS Appropriate To Post Employment Insurance Liability Fund Y Y R Y Y 18 PC Y Y Y Y Y Rescind Prior Borrowing Authorizations Establish, Amend, Dissolve And Appropriate To And From Specified 19 DL W W W W W Stabilization Funds Appropriate For Prior Years’ Unpaid Bills - IP 20 PC IP Y Y Y Y Y Amend Fy2021 Operating, Enterprise And CPA Budgets. 21 JH Y Y Y Y Y Appropriate For Authorized Capital Improvements.- IP 22 PC IP Y Y Y Y Y Appropriate From Debt Service Stabilization Fund 23 PC Y Y Y Y Y PC (if 24 Appropriate For Lexington High School Feasibility Study JP ip’d) ? Y Y Y Y Y Amend Borrowing Authorization Conservation Land 25 Acquisition PC Y Y Y Y Y Petition General Court To Amend Legislation Regarding 26 Permanent Transportation Funding MS Y Y Y Y Y 27 Increase In Recreation Committee Membership PC Y Y Y Y Y Reducing Noise From Landscaping Equipment - IP 28 JP IP Y Y Y Y Y Clean Heat-Authorize Special Legislation To Regulate Fossil Fuel Infrastructure And Adopt Bylaw Amendment Enabling 29 Legislation MS W Y Y Y Y 30 Full Inclusion Resolution. JP Y Y Y Y Y Street Acceptance: Penny Lane, Winding Road And Luongo 31 Farm Lane SB Y Y Y Y Y Amend General Bylaws-Receive Appraised Value For 32 Removed Trees MS Y Y Y Y Y Amend General Bylaws- Tree Bylaw: Data Collection And 33 Education JH W W W W W Amend General Bylaws-Tree Bylaw Fees And Mitigation 34 Payments SB Y Y Y Y Y 35 Amend Scenic Roads Bylaw (Citizen Petition) SB W W W W W Authorize Special Legislation-Development Surcharge For 36 Affordable Housing (Citizen Petition) JH W Y N N W Amend General Bylaws-Stormwater Management (Chapter 37 114) DL PC W W W W W Amend General Bylaws-Trees (Chapter 120) - IP 38 MS PC IP Y Y Y Y Y 39 Amend Zoning Bylaw-Historic Preservation Incentives JP W W W W W Amend Zoning Bylaw-Retaining Walls- IP 40 SB PC IP W W W W W 41 Amend Zoning Bylaw-Structures In Setbacks DL W W W W W 42 Amend Zoning Bylaw-Floodplain Management MS PC W W W W W 43 Amend Zoning Bylaw- Technical Corrections W W W W W 44 Amend Zoning Bylaw-Use And General Regulations JH W W W W W Amend Zoning Bylaw & Zoning Map –Hartwell Innovation 45 Park. 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