Wednesday, November 6, 2019

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.
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


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