Special Town Meeting 2019

East Lexington, November 2016

We're in Battin Hall of Cary Memorial Building. There's a lot to cover, so Town Meeting Members (TMMs) have been asked to hold tomorrow night, too, just in case a second session is needed.

Deputy Moderator Barry Orenstein is Moderator of the Meeting.

This is a Special Town Meeting (STM), in accordance with the Acts of 1929, Chapter 215, §8 and there are a total of nine Articles to be acted upon by the elected members of Town Meeting (TM): three Articles are budget adjustments, three others are zoning amendments, and two are capital improvements. Article 1 remains open to receive the reports of any Town Board, Officer, or Committees at any time.

The list of Articles (Warrant) is HERE.
Articles 5 & 7 have been designated "Date Certain", so they will go first.
We expect to hear reports of the Special Permit Residential District Committee, and of the ad hoc Crematory Study Committee, as well.

Call to Order at 7:30 PM and we are in session.

Updating as we go.

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A few housekeeping notes from Town Moderator (TMod)

ARTICLE 1: Reports of Town Boards, Officers, Committees

This Article remains open throughout STM. Reports may be presented at any session by Town Boards, Officers, or Committees.
MOTION is HERE

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ARTICLE 5: Amend Zoning Bylaw from CD-1 District to CSX District — 7 Hartwell Avenue (Owner Petition)
This Article requests an amendment to the Zoning Bylaw and Map in order to allow additional uses at the site.

MOTION is HERE
Kristine Hung with the presentation (HERE)

Bob Creech with Planning Board's Report HERE is received and placed on file

Planning Board (PB): UNANIMOUS APPROVAL

Select Bboard (SB): UNANIMOUS APPROVAL
Chamber of Commerce: SUPPORTS

Zoning changes require a TWO-THIRDS MAJORITY VOTE

Vote taken by ELECTRONIC DEVICE (EDev)
YES: 149
NO: 1
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 7: Amend Zoning Bylaw and Map — 186 Bedford Street (Owner Petition)
To see if the Town will vote to amend Chapter 135, the Zoning Bylaw, of the Code of the Town of Lexington, and the Zoning Map of the Town of Lexington, by changing the zoning district designation of Lot 68 of Assessor's Map 64 located at 186 Bedford Street from the current RS Zoning District (Single Family Dwelling District) to a Planned Development District (mixed-use, commercial & residential) or to act in any other manner relative thereto.

The Applicant, 186 Bedford Street, LLC, proposes to renovate the main building and barn, to partially demolish the wing that was built in 1969, and to construct a 2.5-story addition with related site improvements.

This Article was referred back to the Planning Board at 2019 Annual Town Meeting. The pertinent documents about this project (since April), including PSDUP revision/s, related MOUs, agreements, have been posted to PB's page of the Town's website HERE.

MOTION is HERE
PB's Report is HERE
Article 7 MOU is HERE
Applicant's Presentation is HERE

SB: 5-0 in SUPPORT
PB: 5-0 in SUPPORT
Housing Partnership Board: in SUPPORT
Housing Assistance Board: in SUPPORT
Chamber of Commerce: in SUPPORT
Commission on Disability: in SUPPORT
Economic Development Advisory Committee: in SUPPORT

Questions and Comments:
NOmic TMM/P8: Remains opposed to this project. Not opposed to affordable housing or mixed-use.
YESmic TMM/P8: Good arguments on the other side, but there are trade-offs worth supporting this project that outweigh any downside.
TMM with Question: How many units would be counted as affordable?
Town Mgr James Malloy: 13
TMM/P8: We were told at the first meeting at Knights of Columbus that Mr. Grant understood the Selectmen had their support. Is it true that Selectmen can have that weight before hearing from resident?
Select Board chair Lucente: Short answer is no. Following discussion, support for the concept. We don't always "rubber stamp".
Citizen's mic: is a direct abutter to this project, is opposed to the negative impact.
Citizen mic: citing small size of lot, urges TMMs to oppose the project.
TMM: How does the rental rates work for the four affordable units?
Mr. Grant: Six paragraphs in the MOU, submitted as part of the site plan review, State Dept. of Housing
YESmic TMM/P9: particular site ideal for mixed-use developments
TMM/P3: What's going to happen to the current Ciampa property?
Mr. Grant: Dictated by CN zoning
Citizen mic: Massing is too large, buffer zone too small.
YESmic TMM/P4: Benefits outweigh its burdens.
TMM/P4: Guarantees that we'll get the pretty picture shown to us?
Town Counsel: All of the details in the PSDUP would be part of the Zoning.
Citizen mic: Chamber of Commerce supports and urges TM to support it
YESmic TMM/P9: A previous supporter spoke to "smart growth"
YESmic TMM/P6: have friends and family who live on Reed Street. There are commercial buildings there and there are residences there already. This is an appropriate use of this site.
TMM/P8: Will there be any parking be covered?
Doug Hartnett, Highpoint Engineering: None
Mr. Hornig, Planning Board: Abutters would be contacted, public input, for substantive changes
NOmic: calls the Question

Vote to Call the Question by Voice (VV): passes by VV

Zoning changes require TWO-THIRDS MAJORITY VOTE

Vote taken by EDev
YES: 132
NO: 24
ABSTAIN: 3
MOTION CARRIES

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Glenn Parker, Appropriation Committee (AC) Chair, MOVES that the AC's Report be received and placed on file under Article 1.

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ARTICLE 3: Appropriate to and from Specified Stabilization Funds (budget adjustment)
Lexington's first Stabilization Funds (SFs) were established at the 2007 Annual Town Meeting.  (ATM/TM) TM may create a specified SF, alter a Fund's specified purpose, or make an appropriation from a Fund by a two-thirds majority vote. Appropriations into specified SFs are approved by a simple majority vote. This Article requests the appropriation of funds into three of the Town's specified SFs whose funding and purposes are summarized below by the AC in their report:

• Traffic Mitigation SF is funded by commitments from developers to mitigate the impacts of rezoning. It supports, in whole or in part, projects to improve the Town's transportation infrastructure, such as street intersections, traffic signals, etc.
• Transportation Demand Management SF is funded by commitments from developers. Initially created to support Lexpress, the Fund's purpose has since been broadened to support "the planning and operations of transportation services to serve the needs of town residents and businesses." It now funds the Lexpress bus service and the Town's contribution to the REV Shuttle.
• Capital SF holds funds that TM has set aside for future capital projects of the Town.

MOTION is HERE

SB: 5-0 APPROVE

AC: 8-0 in SUPPORT
CEC: 6-0 in SUPPORT

No Comments or Questions

Requires a MAJORITY VOTE

Vote taken by Electronic Devices (EDev)
YES: 150
NO: 0
ABSTAIN: 2
MOTION is APPROVED

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ARTICLE 8: Appropriate Funding for 25% Design of the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street Transportation Improvement Project
To see if the Town will vote to appropriate $1.6M to develop 25% design for a major transportation improvement project to include:

• on- and off-ramps of I-95
• Bedford Street and Hartwell Avenue intersection
• minor improvements on Wood Street
• sidewalks or multi-modal path and bike lanes on both sides of the roadways
• safe pedestrian accommodations and crossings

This is the first step of a multi-million dollar project (~$49M) slated for completion with Massachusetts Department of Transportation (Mass DOT). The goal is to create a safe street for all users (pedestrians, cyclists, motorists). A future request for the Town to fund through 100% design (Plans, Specifications, and Estimates) would follow at a later Town Meeting. Funding request for 25% design now will enable the Town to stay on the state's Long Range Transportation Plan to eventually obtain external resources to fund construction costs to bring the project through completion.

MOTION is HERE

PB's Letter of Support to Select Board is HERE

Presentation is HERE

Town's FAQ is HERE

Area Map showing estimated project limits, HERE

Town Manager Jim Malloy with the presentation.

CEC: 5-1 RECOMMENDS APPROVAL

AC: 8-0 RECOMMENDS APPROVAL

PB: 5-0 RECOMMENDS APPROVAL

Comments & Questions
TMM/P6: How is Bedford involved?
TMgr: Invited Bedford TMgr to the beginning of this process
NOmic TMM/P6: Prop Dept Exclusion?
Select Board Member Pato: No plans as yet
TMgr: Prop 2.5 isn't supposed to be part of this MOTION.
SB Pato MOVES to STRIKE the Prop 2.5 language in the MOTION:

[From "...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 b y M.G.L. Chapter 59, section 21C (otherwise known as Proposition 2 ½.."]

TMod calls for a VV on the proposed amended language TO STRIKE in the MOTION: the ayes have it

TMM/P8: I look to the opinions of the finance boards. Disappointed to hear the CEC voted 5-1.
NOmic TMM/P6: Process. We should have the public process before voting on funding.
TMM/P8: Bus lanes?
TMgr: It's too premature, no studies as yet.
YESmic TMM/P2: Runs in parallel with Hartwell Avenue rezoning initiative: Police Station, High School getting into the pipeline soon...time is now.
Qmic TMM/P6: Used to seeing a scope of work associated with design funding. Will it have to follow the 25% scope of work?
TMgr: There is a section of Mass DOT's design guide, cannot do less than that, can do more.
Qmic TMM/P6: Clarify comments -- is there any risk in waiting til Spring or Fall?
TMgr: Looking at the Hartwell Avenue initiative, trying to do something about transpo in advance of rezoning.
YESmic TMM/P7: Have been working on this project for 35 years...if we don't act now, wel'' still be trying to do this 35 years from now...
Citizen mic: Chamber of Commerce is in Support
Qmic TMM/P2: Next phase of study?
TMgr: about 2024
YESmic TMM/P7
Qmic TMM/P6: What is in the plan that was objected to from the state?
Town Engineer John Livesy: Round-about design at the jug-handle would not process enough of the vehicles.

Voting on the AMENDED MOTION REQUIRES TWO-THIRDS MAJORITY:
YES: 139
NO: 13
ABSTAIN: 3
MOTION CARRIES, REVISED MOTION IS ADOPTED

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ARTICLE 6: Amend Zoning Bylaw to Restrict Automatic Teller Machine (ATM) as Principal Use in the Center Business District (CBD)
The intent of the Article is to prohibit stand-alone ATMs from being a primary use in the CBD. This requires an amendment to the Zoning Bylaw, Chapter 135, § 3.4, Table 1, Row H.1.07. It would close a loophole for ATM use only  i n store-fronts.

MOTION is HERE
PB Report is HERE
Jerry Michelson, Chair, Lexington Center Committee (LCC) and TMM/P5 with the presentation (which is on the website, but you can't just view, you'll have to download it.)

SB: UNANIMOUSLY SUPPORTS
Lexington Center Committee (LCC): URGES SUPPORT
PB: 4-1 in SUPPORT

Qmic TMM/P6: Why have a stand alone ATM?
Hornig: Town sees ATM as "accessory use", not principal use

TMM/P4: Say CVS wanted an ATM in their store. Accessory use?
LCC: Yes
Citizen mic: Chamber of Commerce: we join the LCC in wanting to see this addressed

Zoning changes require TWO-THIRDS MAJORITY VOTE

Vote taken by EDev
YES: 145
NO: 2
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 9: LED Streetlight Conversion
To see if the Town will vote to appropriate $875,858 for the purposes of acquiring and installing light emitting diode (LED) streetlights to replace existing streetlights in the Town, and for other costs incidental or related thereto. This Article is to fund replacement of 3,000+ streetlights in Town from induction lights to the more energy efficient LEDs (excluding Battle Green and Center areas, which will be improved once Center Streetscape project and Battle Green improvements are implemented.) The town is eligible for a state grant to pay a portion of this conversion cost (approximately 30%).

MOTION is HERE
Jim Malloy Town Manager recognized with the presentation, which is HERE

SB: 5-0 SUPPORTS

CEC: 6-0 RECOMMENDS APPROVAL

AC: 8-0 RECOMMENDS APPROVAL

PB: 5-0 RECOMMENDS APPROVAL

Comments & Questions
TMM/P3: Will all street lights be converted?
TMgr: Yes. All streetlights converted to LEDs
TMM/P2: Will they be bright enough to see by?
TMgr: 3,000 kelvin is what's recommended
TMM/P5: Do we know the life expectency of these lights?
TMgr: 20 years, 25,000 hours
TMM/P8: Replacing by end of May to get rebate?
TMgr: Yes
YESmic: TMM/P6 Calls the Question

VV to call the Q: the Ayes have it

Requires SIMPLE MAJORITY VOTE
Vote taken by EDev
YES: 131
NO: 0
ABSTAIN: 2
MOTION CARRIES

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ARTICLE 2: Appropriate for Prior Year's Unpaid Bills (budget adjustment)
This is an annual article to request funds to pay bills after the close of the fiscal year. The FY19 Budget was closed out in July with only minimal adjustments.

MOTION is that this Article be Indefinitely Postponed (IP).
Select Board Member MOVES for IP

Select Board (SB): UNANIMOUS APPROVE
AC: SUPPORTS
Question from Town Meeting Member/Precinct 6 (TMM/P6):

Requires a SIMPLE MAJORITY VOTE

Voice Vote taken (VV): the ayes have it
MOTION is APPROVED

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ARTICLE 4: Amend FY2020 Operating, Enterprise, Revolving, and CPA Budgets (budget adjustment)
This is an annual Article to permit adjustments to the current budget (approved at 2019 ATM)

MOTION is HERE
Charles Lamb MOVES to appropriate the changes.
SB: UNANIMOUS APPROVAL
AC: UNANIMOUS APPROVAL

No Questions & Comments

Requires a MAJORITY VOTE to pass

Vote taken by Electronic Devices (EDev)
YES: 128
NO: 0
ABSTAIN: 3
MOTION CARRIES

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Under Article 1: Report of Special Permit Residential District Committee is received and placed on file.

Under Article 1: Report of the ad hoc Crematory Study Committee is received and placed on file.

SB Chair LUCENTE MOVES to DISSOLVE STM 2019
MOTION to DISSOLVE STM 2019 is APPROVED by VV of TMMs

10:30 PM

TMMA Information Session | Special Town Meeting

Town Meeting Members Association (TMMA) hosted an information session last night, Tuesday, November 5, 7:30 PM at Jonas Clarke Middle School Auditorium.

Lexington Selectmen have called a Special Town Meeting (STM) Tuesday, November 12, 7:30 PM in Margery Milne Battin Hall of the Isaac Harris Cary Memorial Building. The Meeting may carry over to Wednesday, November 13.

Town Warrant is HERE
TMMA's Warrant Information Report is HERE
Links to Articles, Reports, and Presentations will be added, once they are made available, HERE

At the Info Session, Town Meeting Members (TMMs) heard about four of the STM Articles: Articles 5, 6, 7, & 8

Notes, in order presented:

ARTICLE 7 is a proposed mixed-use development (commercial and residential) at 186 Bedford Street.

At last spring's Annual Town Meeting (Article 38), TM voted to refer this project back to the Planning Board (PB). 

PB's Report for this STM is HERE. 

PB concluded, "after careful review of the impacts expected from the project" they believe the benefits to the Town will "substantially outweigh any negative impacts, particularly in light of incorporated mitigations" and APPROVES passage of this Article by a vote of 5-0.

MOU is HERE. 

Proponent's presentation, HERE. 

Documents pertaining to this project from PB page of Town's website, HERE

The Article is on the Warrant to see if the Town will vote to amend the Zoning Map and Bylaw of the Town, based on the information provided in the applicant's (revised) Preliminary Site Development and Use Plan (PSDUP). 

The proposed Article would rezone the property from the present RS One Family Dwelling District to a PD Planned Development District, which would allow for renovation and addition to the existing buildings on the named parcel. 

Ed Grant, attorney (and TMM/P6), Doug Hartnett, Project Engineer from Highpoint Engineering, Inc., and Tony Ciampa, applicant, in attendance. 

Mr. Grant and Mr. Hartnett spoke briefly to the Article, offered to take questions. 

Mr. Grant stated "not much has changed since last spring's plan", noting addition of a full basement, creation of a landscape transition zone, and relocation of dumpster away from residential property.

Mr. Grant noted that many of the public benefits remain the same as proposed last April at ATM.

Questions from TMMA (in the Warrant Information Book, page 16), may have been responded to elsewhere.

No additional questions were asked.

⸻
ARTICLE 5 is an owner petition to Amend Zoning Bylaw from CD-1 to CSX District-7 on Hartwell Avenue.
PB's Report is HERE, concluding they APPROVE the Bylaw and Map amendments by a vote of 5-0 and recommends Town Meeting approval by 5-0 vote.
Presentation is HERE.

Kristine Hung, attorney with Reimer and Braunstein for her client, Russian School of Mathematics (RSM), the applicant, gave the presentation.
Ms. Hung cited March 2018 when TM approved CSX Zoning District, stating that this would give her client the most flexibility to "determine their destiny".
She said she had received 500 signatures from Lexington residents who use RSM and support this change.

To questions from TMMA (Warrant Information Report, pages 10-11), Ms. Hung responded:
1. How many other parcels in Town have been rezoned due to a request by an article sponsor and what is to limit other businesses or homeowners from requesting similar rezoning? 
Property owners can file to rezone, which requires a 2/3 vote of TM.
2. What zoning is currently used by other tutoring organizations in Lexington?
Kumon, Math Club, Math and More, and Singapore Math fall under CD and CSO zoning.
3. What proposed uses in a CSX zone also require Planning Board site plan review (e.g., traffic analysis, building height and setbacks, landscaping)?
4. What proposed uses in a CSX one do not require a site plan review?
Ms. Hung answered questions 3 & 4 together: Site plan review and site plan approval are required when adding more than 500s.f.
5. How would changing this zone to CSX fit in with the larger Hartwell Avenue planning?
Ms. Hung stated that the CSX would be complimentary of Hartwell Avenue initiatives.
Additional questions:
Question from a TMM: What is the relative capacity?
It is comparable.
TMM/P6: Asks to go back to the Use Table (page 10 of presentation). Why not asking for an amendment to the CD-1?
Client wants most flexibility, sees CSX as providing that best

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ARTICLE 8 seeks to appropriate funding for 25% design of the Route 4/225 Bedford Street-Hartwell Avenue-Wood Street improvement project.
Area Map is HERE
Town's FAQ/Information Sheet is HERE
Planning Board (PB) supports APPROVAL of this project 5-0, as stated in their letter to Selectmen.

First step in a multi-million dollar project (~$49 million), slated for completion with Massachusetts Department of Transportation (Mass DOT) in 2030-2034 time band.
If possible, the Town would like to see this moved to the 2025-29 time band.
Regardless of time band, 25% design process is critical to moving forward, since Bedford Street is a state road and any proposed improvements will be subject to Mass DOT standards design review process.
Goal of this project is to create a street that is safe for all users (pedestrians, cyclists, motorists) while improving traffic flow, including reconstruction of major intersections of Bedford Street and Hartwell Avenue, on- and off-ramps to I-95, and minor improvements on Wood Street.

Jim Malloy, Lexington Town Manager, with the presentation and answers to questions, along with John Livesy, Town Engineer, who also addressed questions (two others also present, but I didn't catch their names, if they were introduced, and they did not address questions).
Cost for 25% design is $1.5 million.

See TMMA Question/Answer, page 20 of TMMA Warrant Information Report
Additional TMM Questions:
TMM/P8: What is the scope?
Bedford Street, Hartwell Avenue, Wood Street
TMM/P6: What is the cost to simply start the public engagement process, to appropriate at STM, then come to ATM?
Cost would be $1.6m or $1.7m, if appropriated separately, which Mass DOT may not likely approve. Cost for public engagement process would be at least $100K; the $1.5m cost includes public engagement process.
TMM/P8: Does Mass DOT have criteria?
John Livesy: Yes, significant. Improved safety, complete streets
TMM/P8: Has traffic spillover been considered?
Malloy: The use analysis is forthcoming, likely to impact Eldred Street
TMM/P5: Is there any info on bridges in Lexington to be done?
Malloy: No info as yet

⸻

Edit: Jerry Michelson has let me know that NO definition of ATM will be included in the Bylaw. Also, that the presentation slides, which did not project at the info session, will be posted to the Town's website, STM page, Thursday. It will include the full "Use Table", for those who would like to see it.

ARTICLE 6 would Amend Zoning Bylaw to Restrict Automatic Teller Machine (ATM) as Principal Use in the Center Business District (CBD)

The intent of the Article is to prohibit stand-alone ATMs from being a primary use in the CBD.

Amend Zoning Bylaw, Chapter 135, § 3.4, Table 1, Row H.1.07, to restrict ATMs in CBD (note there is no direct link to the Table via Lexington Bylaw website, but it is printed in the TMMA Warrant Information Book, bottom of page 12).

Amend Zoning Bylaw, Chapter 135, § 10.1, to add a definition for "automatic teller machine".

Jerry Michelson, Chair Lexington Center Committee and TMM/P5

Currently 12 ATMs in the CBD, which are in banks.

This Article would close a loophole for ATM use only in store-fronts.

See TMMA Questions/Answers in TMMA Warrant Information Book, pages 13-14.

Additional questions:

TMM/P8: Is there a negative impact from stand alone ATMs?

Banks and credit unions have ATMs. This closes the loop, provides clarification of ATM uses.

Info session concluded at ~ 8:40 PM