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. SB W W W W W