 Calling to order the meeting of the Allington Select Board for Wednesday, rather May 19th, 2021. As a preliminary matter, this is Select Board Chair, Steve DeCorsi. Permit me to confirm that all members and persons anticipated on the agenda are present and can hear me. Members, when I call your name, please respond in the affirmative. Diana Han. Yes, thank you. John Hurd. Yes. Len Diggins. Yes. Eric Helmuth. Yes. Staff, when I call your name, please respond in the affirmative. Adam Chapterling. Yes. Doug Hyam. Yes. And Board Administrator Ashley Meyers participating remotely. Tonight's meeting of the Allington Select Board is being conducted remotely, consistent with Governor Baker's executive order of March 12th, 2020, which encourages and allows open meetings of state agencies and local governments to be conducted remotely in order to mitigate transmission of COVID-19 virus. The governor's order, which you can find posted with agenda materials on the town's website for this meeting, allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Before we begin, permit me to offer a few notes. First, this meeting is being conducted via Zoom, is being recorded and is also being simultaneously broadcast on ACMI. Persons wishing to join a meeting by Zoom may find information on how to do so on the town's website. Persons participating by Zoom are reminded that they may be visible to others and that if you wish to participate, you are asked to provide your full name in the interest of developing a record of the meeting. Further, all participants are advised that people may be listening who do not provide comment and those persons are not required to identify themselves. Both Zoom participants and persons watching on ACMI can follow the posted agenda materials also found on the town's website using the Novus agenda platform. And finally, each vote tonight will be taken by roll call. I will now turn to the first item on the agenda, item number two for approval, LGBTQIA plus rainbow commission requests, pride proclamation and crosswalk painting, Andy Rubenson and Lisa Krinsky from the rainbow commission. Are the rainbow commission representatives here Mr. Chaplain? I see Lisa Krinsky so I can promote her. Okay, I'll start once she's on reading the proclamation and then I will recognize Ms. Krinsky. Great, okay, great, thank you. Good evening. So we have two items, a pride proclamation, a crosswalk painting requests. I'll start with reading the pride proclamation. Whereas the month of June is recognized nationally as LGBTQIA plus pride month to commemorate the uprising by transgender and other LGBTQIA plus people against ongoing harassment and abuse by New York city police at the Stonewall Inn in 1969 which marked the beginning of the modern LGBTQIA plus rights movement. And whereas that uprising was one of many acts of resistance to the enforcement of unjust laws and the local state and federally sanctioned harassment and abuse of LGBTQIA plus people, transgender and gender diverse people, black people, Hispanic Latino people, Asian people, indigenous people, women and anti-war and pro-democracy activists. And whereas political demonstrations, legislative advocacy and social change efforts to create a more just and fair world by all of these marginalized groups defined the second half of the 1960s. And whereas that work continues today by people of all races, ethnicities, genders, abilities, ages and sexual orientations, including and especially local chapters of Black Lives Matter, trans resistance mass and the Massachusetts Center for Native American Awareness. And whereas deeply meaningful acts by residents of Arlington have contributed to efforts to create a world in which everyone's humanity and dignity is recognized and honored. And these acts include the unanimous passage by Tom meeting of article 18 on May 2nd, 2016, adding gender identity and expression to the town of Arlington's non-discrimination provisions and collecting data about Arlington residents, sexual orientation and gender identity in the latest Envision Arlington Survey in the same way that other demographic detail related to race and ethnicity are collected. And whereas Tom meeting created the LGBTQIA plus rainbow commission in 2017 to promote LGBTQIA plus affirming policies for all residents of the town of Arlington. And whereas the town of Arlington was one of only 10 municipalities in the Commonwealth of Massachusetts to earn a spot on the human rights campaigns 2020 Municipal Equality Index and one of seven in the state to earn a perfect score. And whereas the LGBTQIA plus rainbow commission is aware that in Massachusetts, LGBTQIA plus people of all ages are more likely to experience disparities in health and wellbeing as compared with their straight and cisgender peers and that these disparities are even greater among transgender and LGBTQIA plus people of color. And whereas students in the town of Arlington who are homeless are disproportionately more likely to be LGBTQIA plus in the town of Arlington's 2019 youth risk behavior assessment found that sexual minority youth including lesbian, gay and bisexual high school students in particular are at substantial risk for serious health outcomes relative to their peers. And whereas the LGBTQIA plus community Arlington is resilient, creative and innovative and enjoys strong allied partnerships with the town's Human Rights Commission, Council on Aging, Disability Commission, Commission for Arts and Culture and numerous other groups, residents and elected officials that support the LGBTQIA plus rainbow commission's work to bring greater visibility and empowerment to the LGBTQIA plus population through education, advocacy and collaboration with other town agencies, schools and community groups. And whereas celebrating LGBTQIA plus pride month in part by displaying rainbow commission pride flags in Arlington center and issuing this proclamation our outward expressions, representations rather of the town's commitment to full inclusion of the LGBTQIA plus community in Arlington's civic life. And whereas many LGBTQIA plus pride month celebrations and commemorations this year will take place virtually and online in the Commonwealth of Massachusetts to adhere to public health physical distancing guidance in light of the COVID-19 pandemic, given it even greater importance to outward representations of support for the LGBTQIA plus community in Arlington. Now, therefore be it resolved that we the members of the select board reaffirm our support for equal protections for LGBTQIA plus residents of Arlington, be it further resolved that we designated June that we designate June 2021 as LGBTQIA plus pride month in Arlington. So with that, I'd like to introduce Ms. Krinsky if you have any words for the board. I know you made two requests and you would send us that proclamation. Thank you very much. So thank you and thank you for reading that. Now we are just excited historically the select board for the past number of years has supported a pride proclamation for the town and as the proclamation says, it's an important year this year and to represent it in the community, it's really important to folks. Great, thank you. And could you tell us a little bit about the crosswalk painting as well? Yes, I'd be happy to. So for the past few years, we have painted a rainbow flag in a crosswalk across from town hall. Given construction this year, we are proposing that we move that down to the intersection at Pleasant Street and Mass Ave and hope to have the opportunity to use chalk paint and paint rainbows across Mass Ave and sort of let everybody passing right through the center of town celebrate pride with us. Great, thank you very much. And I'll turn it to the board for questions, comments. Mr. Helmuth. Thank you, Mr. Chair. And I'd like to move approval. And if the board would indulge me a brief personal moment. Growing up as a gay kid in the 70s and 80s in Ohio, I would not in my wildest dreams thought that I would live to be able to marry the person that I love, let alone be elected to serve on a board where I'd have the privilege of voting on this proclamation. I am deeply grateful to my community for its commitment to equality for all. I am aware that none of us are free until all of us are free and that we have a long way to go here in Massachusetts and across the country and across the world. And I'm aware that telling our stories, being willing to live our truth is crucial as is the active support of our community and our allies. And to me, that is why Pride Month matters despite the progress that we have made in some corners. And for that, I am grateful. And I didn't wanna let this moment pass as a new member of the board without taking the chance to say so. Thank you. Thank you, Mr. Helmuth. Mrs. Mahan. Thank you, Mr. Chair. I'll definitely second that. Then I wanna thank our colleague, Mr. Helmuth, for sharing some personal details, not only of his personal experience, but also the experience that he's having here in Allington, you know, some cities or towns say this is what we're doing, we're welcome, we're open, we celebrate diversity, but it's actions, consistent actions that demonstrate that. And I know when we first started this particular initiative, I think with Mel Goldspeed and others, it was very well received. So I would have one comment with the question and one question. The comment with the question is, I know that I received as part of your request, shocking or temporarily painting the sidewalk in the center, and that you're looking for volunteers. I shared it on Facebook, but I was wondering if Lisa could speak to that in terms of any volunteers. I think it's happening on a Sunday, but if you could just speak to that briefly and then I have a second question. Sure, so our intent is to actually do the crosswalk painting in the evening, probably like June 9th or 10th, depending on weather. And what has usually worked in the past is with the support of Allington Police Department, we sort of move some of the traffic to the side, we have one lane, we chalk paint for a while, and then when that dries, flip to the other side to get across the street. We have had an enthusiastic, everybody wants to paint the street, it's just a fun thing to do. So we've had an enthusiastic group of volunteers, but anybody else who would like to come out and join us, we think we'll start probably around eight o'clock at night and it should take us two or three hours given traffic, but anyone who wants to come help us paint the street and paint the town, it's perfectly welcome to do that. And they can connect to us through the Rainbow Commission email if anybody wants to volunteer with us. And do you know off the top of your head what that email is, or if not, I can tell them to call the select board office. I, you know what, it's, I don't know it off the top of my head, but people can contact us through that. And if they can just Google the Allington Rainbow Commission, I think they can find it as well. Okay, and if you're on my Facebook page, it's on there. And then this request came previous years, and I understand why we can't do it last year this year, but people were asking if it is, could be, and is being considered to not only have a crosswalk shocked or temporarily painted in the center, if it could also happen in the East Allington and the Heights. So it's okay, Lisa, if you don't have an answer for this, but I know this question has come up. We hadn't thought about doing it in other areas of town, but we could certainly consider that. We have a meeting tomorrow night and we just need to think about sort of logistics and approval from you folks to do it in more than one location. Okay, so maybe not this year, but definitely maybe next year, because similar to other things, a lot of stuff happens in East Allington and the center and Heights say, what about us? And then this happens in the center and East Allington Heights have said, what about us? So I'm just passing it on. And I will take it back to the committee that next year we propose to do three locations a lot. And if we do it a long mass app, it'll sort of give that continuity to folks to traveling through town. Definitely, and I think it gives a more welcoming, not that it's not, but a broader welcoming message. Yes, that would be great. So thank you, Mr. Chair. And thank you, Ms. Grinsky. Lisa, I appreciate it. Thank you, Mrs. Mahan. Mr. Hurd. Thank you. I'll just note that I think Mr. Chaplain put the email address into the chat there. Are you looking for it? Thank you. We always look forward to this request. I want to thank Mr. Helmuth. I didn't expect to tear up at the beginning of the meeting, but it's certainly always good to hear personal stories. You know, I think Arlington, there's a lot of locations like Mrs. Mahan said that talk the talk, but when it comes to diversity, equity, inclusion, Arlington works the walk. And, you know, we have broad support for LGBT plus month. And I know a lot of people look forward to this, to the painted crosswalks and everything that it represents. So I'm happy to support this. And thank you for coming forward. Thank you. And best of luck. Thank you very much. We'll also have rainbow banners up in town that were previously approved. And we have one online virtual event that's taking place. And then we're also gonna have an outdoor sort of drive-by for folks to come and get some pride. So we'll, we'll share that out with the community as well. So people know other events that we're doing during the month. Excellent. Thank you. Thank you, Mr. Hurd. Mr. Diggins. Yeah, sorry. I missed Ms. Helmuth's comments to me. My signal is just dropping without any warning at all. And that was the second time. So I imagine I'm gonna have problems to me, but try and get through this. Yeah, I hope I won't repeat anything. When we did this last year, my comment was we've come a long way, but we have a long way to go, especially for people in relationships, plus two, well, more than two. And what do you know? The town meeting, you know, approved investing partnerships of three, three plus. And I can't tell you how proud I am of this town. And I use pride. Mr. Diggins, we just lost you. Given another thing, Mr. Diggins, you froze up on us. Oh, okay. We just lost him there. Okay. Well, if he comes back, I'll give him an opportunity to speak. I go to complete his thoughts there. I also want to echo the words of my colleagues and thank Mr. Helmuth for his comments and I would really pleased to be issuing this proclamation. Again, thank you so much for the work that you're doing, Ms. Krimski. And thank you for the accommodation that you have made with the banners at the beginning of June. I know there was some discussion in terms of the high school seniors, and we really appreciate you working with us on that to accommodate them. So thank you so much for that. I don't see Mr. Diggins back here. Attorney Heim, should we hold off on a vote until he returns? No, Mr. Thank you, Mr. Chair. I think what I recommend is that the record reflect that Mr. Diggins lost his feed at approximately 717. He has not yet returned. If you can take a vote on this particular action, given that town meeting is at eight o'clock, I would recommend you take a vote without Mr. Diggins. And if he can come in and supplement the vote, I think that's perfectly okay. There he is. Okay, oh, there he is. Okay, Mr. Diggins, you're back. We were just about to go to a vote, but if you had any more thoughts, I'd like to give you an opportunity to finish what you were saying there. Well, that was essentially it. I'm very proud of the town of how it's handled, how it handled the domestic partnerships. The amendments allow me for groups greater than two, that's why 80%, and the amendment to allow domestic partnerships, it was in the 90% range. And it's just, it's always been a very welcoming town. And part of what I said last year, and this is what I'm hoping for too, is that when we think about the word gay, isn't happy because like, regardless of your orientation, everybody can be gay, especially if we live in let live. And I feel that it's very much a town that lives in let lives, you know. And so I'm so happy to support this, but I'm really happy to be part of this wonderful community. Thank you. Great, thank you very much, Mr. Diggins. Okay, so on motion by Mr. Helmuth, seconded by Mrs. Mahan, attorney Hime. Mr. Hurd. Yes. Mr. Diggins. Yes. Mr. Helmuth. Yes. Mrs. Mahan. Yes. Mr. DeCoursey. Yes. Mr. unanimous vote. Great. Thank you, Ms. Grinsky. Thank you all very much and happy pride. You too. Okay. Item three is a discussion and vote select board designee to youth and young adult study committee. I'd like to start this one with Mr. Diggins. He actually brought this forward to the board originally for comments. And then we will hopefully have a nomination and a vote for our designee. Yeah, thanks, Vade. So as I said, the whole reason for doing this is to have town meeting and own this committee eventually. We will of course decide, first thing we will decide is whether or not it's a good idea to have this, but the presumption is that we're going to be at least explore it and come to the town meeting with some proposal for what that group should look like. And I don't really want it to be something that's owned by the select board because then it depends on the composition of the select board to keep it going. I feel that if it is something that is created by town meeting it is much more likely to last longer and rather than a few people coming together to come up with ideas of how it should look, I think it's better to have the broader community looking at it. Although there's going to be a committee of limited number, the meetings will be open. So we will get a lot of input from the community as to what that hopeful committee or board, most likely committee will look like. So I'll stop there. Okay, thank you, Mr. Diggins. Okay, and Mr. Diggins had, I'll let the other members now has expressed interest in being the designee, but I'll open it up to any nominations. And why don't we start with Mr. Helmuth? Thank you, Mr. Chair. I would like to nominate Mr. Diggins for that role. Okay, thank you, Mr. Helmuth. Mrs. Mahan. Thank you, Mr. Chair. And I'd like to second that motion and thank our colleague, Mr. Diggins, for taking on yet another subcommittee task. God bless you. Mr. Herd, thank you, Mrs. Mahan. I second the second of Mr. Diggins. Thank you, Mr. Herd. I'll third the second of Mr. Diggins and thank him for bringing this forward and a town meeting has passed this. So we wish you the best of luck with getting the committee going. We look forward to hearing from the committee. So with a motion by Mr. Helmuth in three seconds, I will turn it to Attorney Hyme. And the motion is to nominate Mr. Diggins. Mr. Herd. Yes. Mr. Diggins. Yes. Mr. Helmuth. Yes. Mrs. Mahan. Yes. Mr. D'Corsi. Yes. Thank you, everybody. Great, thank you, Mr. Diggins. Okay, item four for approval, closing on 1207 Massachusetts Avenue Real Estate, authorization and memorandum of understanding for public space. And Attorney Hyme is going to make a short presentation. Then we'll have a discussion. Thank you, Mr. Chair. Thank you members of the board. I'm aware that this has been a long process and that many, if not most of the members of the board were not present when this issue first came up. I'm going to walk very briefly through a history of the property, which was originally developed in approximately 1920 taken by the town and tax title sometime in the 1930s. It is owned by the select board rather than by a different sort of organization or subdivision of the town, which is why the quick clean deed is coming before you. The Disabled American Veterans Club occupied it for many years. On January, in January of 2014, following the closure of the DAV, the select board convened a working group to determine the future of the property. In May of 2015, town meeting authorized the sale if necessary, improved it and made some subsequent commitments of proceeds from the sale to capital. Most recently, stable, not sure what's going on, but if anybody can't hear me. We just lost you a second ago. So if you could just repeat what you just said. I just want to note that town meeting authorized the sale and subsequent commitments have been made for the proceeds to go towards the capital plan, including in this year's town meeting capital plan vote. On October 27th, 2014, there was a public meeting on potential uses. In November of 2015, this board using working group and public input offered the property for lease for an innovation incubator space. Unfortunately, no bids were received for that particular concept. On June 16th, June of 2016, following further exploration of options, the select board authorized an RFP for the sale of 1207 asset. Just to summarize the RFP terms, there's a minimum sale price of $750,000. The building property was being sold as is. Highly advantageous bidders were to accept a 40 year mixed use deed restriction with an incentive with permit fees waived for a mixed use development. Other advantageous features were offered benefit to community consistent with mixed use and employment opportunities. There was only one bid received from the 1211 Massachusetts Realty Trust in met the criteria, accepted mixed use restrictions, proposing a commercial retail mixed with residential or hotel. Doug, we lost you again. True, all right. I mean, you folks can read what I'm putting on the screen. So I'm gonna not try to go over too much, but in short, there was only one bid, that bid met the criteria and including the advantageous criteria for mixed use. There were some other specific terms, including contingencies on a special permit being received and a 21E inspection. In March of 2017, the select board authorized the town manager to execute a penis with final approval to come back before the board. The 21E inspection was completed sometime thereafter. I just wanna note that the Massachusetts Avenue Realty Trust was later reorganized as 1207 DAV post LLC. Thereafter, there was the development of the PNS and the special permit review. In October of 2018, the PNS was completed. Terms are consistent with the RFP, which they must be. Mixed use restriction agreement, which was attached to exhibit one and provided to the board as reference, was agreed upon and $75,000 was provided in down payment and ask group. In June, first of 2018, the special permit application was filed. There were ARB, subject to ARB review, public hearings, and to my understanding, a number of modifications of the initial proposal. That, I'm sorry, that should read June 21st, 2019. My apologies, I believe that was 2019. In August of 2020, about a little bit more than a year later, the special permit process wrapped up, it was granted. Pretty much with the terms set forth in the RFP and in the PNS, but a lot of additional general and special conditions that are normal for a special permit that's subject to environmental design review. I just wanna note that because the property was a co-development with the adjacent parcel, 1207 with the adjacent parcel, 1211, the ARB only waived half the special permit fees because the PNS provided for a waiver of permit fees for the premises, but because this is more than one parcel, they didn't feel comfortable covering building permit fees for the entire project. There was no butter appeal subject to litigation filed in September of 2020. Both the ARB and the Doherty Trust moved to dismissed appeal and in December of 2020, the motion to dismiss was granted. January of 2021, any subsequent appellate review ran and so we're here before the board for final authorization for this very long in development and transaction. Here's what's required to close of the board tonight. A vote for final approval by the select board, authorization execution of a quick plan deed with the mixed use restriction consistent with the terms of the PNS and the special permit rented by the Onington Redevelopment Board and then from the 1207 DAV post LLC, a payment of $750,000 to the town. There are additional required conditions remaining. So there's all the special permit conditions and I believe the special permit was attached as reference for the board. Obviously they have not broken ground because this hasn't property has been transferred yet but obviously all building permits and other pertinent things would have to be obtained before a certificate of occupancy. You'll see that I've stricken out a memorandum of understanding for public space use concurrent with the mixed use restriction. That is what was originally proposed to the board and including your reference material. I've had a conversation with a few folks about that and whether or not that's basically adequate in relative to the public space. And so I sort of suggested that we could change that to development except may have been eased and approved by the select board and town. That doesn't have to be done to close but it would have to be done as a condition of the special permit prior to essentially the opening of this mixed use to my understanding hotel and restaurant. And then obviously waiver of building permit fees when those building permit fees are assessed. Just wanna have a specific note on the permit fees because I anticipate that they're a subject of importance to the board and they've been subject to a lot of discussion at the ARB. The terms of the PNS essentially called for a waiving of building permit fees associated with the premises. Again, the successful bid in this case is essentially 1207 messages this avenue the property that the select board owns and the abiding parcel 1211 Massachusetts Avenue. And accordingly, the ARB essentially halved the special permit fees waived because it's one of two parcels developed according to the special permit application and the project. In short, it's my recommendation that the select board follow the same approach not waiving all the building permit fees for the entire project but waiving the building permit fees for half given that it's the development of two abiding parcels and you're only selling one of them. To my understanding, the applicant 1207 DAV post also known as the 1211 Massachusetts Avenue Realty Trust agrees to this and finds it to be an acceptable resolution of this matter. I know that council is with us. I can see that Mr. Connor has, Attorney O'Connor has raised her hand. If the board finds this information is sufficient and this approach is sufficient then I have a recommended motion here that the board approve the final sale of 1211 Massachusetts Avenue as previously authorized by the town meeting subject to the terms and conditions set forth in the purchase and sale agreement special permit for EDR docket 3602 and the agreement for four year mixed use restriction as amended. The as amended part is someone noted to me that the quick claim deed still says board of selectmen and we should revise that to select board and further that there's a typo, well, I think it's a Scrivener's error that we can correct that the year is spelled incorrectly. And then finally and further than authorize the execution of the quick claim deed as amended to transfer ownership by closing to 12 post-sat and DAB post LLC on the conditions and terms set for a period. And with that, if the board doesn't have any other questions, if the board has any questions, I'm happy to answer them and I know that the council for the other party is present in the meeting if you have any questions for them. Thank you. Okay, thank you very much, Attorney Heim. What I'll do now is I would like confirmation at some point maybe we'll do it through the questions from Attorney O'Connor on the agreement on the allocation of the building permittees because I know that was a point of discussion ahead of time. So if we could promote Attorney O'Connor, before we turn it over to questions, I would like to have that just confirmed for the board. Attorney O'Connor. Yes, good evening to you all, thank you. Attorney Doug Heim has described it, but with one, I think there's one difference. When Doug and I talked, my reading of the PNS is that the special permit fees are all included, but the building permit fees would only be as to, be given as to the premises. And we talked about there being half as a resolution of this. So that's a little different, Doug. You may recall the email I sent you, my reading of the PNS. The board asked for a mixed use development. I think the half of the special permit fees is about $5,000, but I do agree and my client agrees that the building permit fees, it would be 50%. Otherwise, we are in agreement. This has been a very long, expensive and arduous road for Mr. Darity, the amount of time that this took, the amount in legal fees and architectural expenses and the subsequent litigation that was instituted by the abutters. It was more than, it was an extraordinary amount of money for this mixed use development. This is a very small lot of land, 4,600 square feet, I believe it is. It's virtually an unbuildable lot and only has value to, I would suggest you to Mr. Darity or the abutter on the other side. So that would be my client's position on that. Okay, well, the building permit fees is what I was concerned with attorney O'Connor. I just have a question for attorney Heim and then I'll turn it over to the board. We don't have any jurisdiction over the special permit fees. Is that correct attorney Heim? That would be between the applicant and the redevelopment board. It's my understanding that the redevelopment board essentially waived half of the fees and that was their decision. So I don't believe the select board has a role in that further other than the fact that obviously the P&S was negotiated and executed by the town manager. I'm happy to continue to talk about that with attorney O'Connor with respect to the special permit fees in the ARB. But I don't think the select board is positioned to make a determination contrary to the ARB's decision at this point in time. If I could just, Doug, if I could respectfully disagree, this is a contract between my client and the board of selectmen. I don't really think the ARB could vary it to be candid with you. Mr. Chair, I obviously have a great deal of respect for attorney O'Connor's position on this. I think that the decision of the ARB was the decision of the ARB with respect to their assessment of the fees. If the select board wants to revisit the issue, the board can obviously provide some direction to me on that score. But I'm not prepared to sort of have that issue sort of have that issue be sorted out here now without some further discussion with the ARB. And attorney O'Connor, I apologize if I misunderstood your client's position on this. That's okay, Doug. Yeah. Okay, thank you attorney O'Connor. I'm gonna turn it over to questions right now and then we'll have a discussion. I mean, this isn't the type of thing that we're gonna be able to resolve tonight. And if it's something that we need to come back to have a vote on the transfer, then we'll come back at our next meeting. I had thought that these issues had been resolved. I think both attorneys thought they had been resolved and sometimes on live TV, that's what happens. And so why don't I turn it over to members? Why don't we put the special permit question aside, see if there are any of the comments or questions and then we'll make a decision where we go. Unfortunately, because it's our meeting, we don't have a long time to talk about this. And frankly, it's the type of thing that I think should be talked about offline in any event. But I will start with Mr. Hurd. If I can just ask one question about, just so to make sure that I'm hearing this right about the special permit fees. Mr. Corsi, I don't wanna go contrary to what you just said. Sure. But I just wanna make sure that I'm hearing. Attorney, did you say that ARB already waived half of the special permit fees? That's my understanding, Mr. Hurd. ARB has reported to waive half of the special permit fees and I believe what Attorney O'Connor is referencing is that half of those fees is about $5,000. Is that correct, Attorney O'Connor? Yes, Mr. Hunter. So I guess what's the issue if that's already been waived? No, my client's position is that the reading of the PNS is 100% of the special permit fees are waived and 50% of the building permit fees would be waived. Okay. We objected just so that you know, we did object to that at the ARB meeting. Okay. All right, so then we will push that one aside. I'm happy to vote to approve the transfer subject to whatever it needs to be worked out with special permit fees and whatnot, if that's appropriate at this time. I was happy, I was glad to not take up the memory of understanding just yet because I think we need to flesh out a little more as to whether or not that particular space, this board isn't qualified to make the determination of whether or not that complies with the bylaws. So if we were to make that determination, I think we'd want a little more from the ARB certifying that they as a board have made a determination that that public space that's being presented to us as complies with the bylaws as being presented. But as far as the transfer, I'm excited about the project, I think it's a good project for the town, I think it fits the neighborhood and I'm happy to motion to approve as requested on just the transfer for us to sign the deed. Great, okay, thank you, Mr. Heard. Do you want to make a motion on that or? Yep, so I'll move as requested by attorney Heim. Okay, with the exception of the, right, okay, as requested by attorney Heim. Okay, Mrs. Mahan. No, thank you, Mr. Chair. On Mr. Heard's motion, I'm a little reticent on where we don't seem to have answers on at least one major issue approving it. I'd like to come back at the next meeting and actually have that vote. Is it true, attorney Heim or attorney? Chairman Ducorsi, that's the vote that is anticipated for tonight or is my reticence that we should wait until we take a motion like that? Well, I mean, we have an unresolved question and you can question how material it is, but I think all of us were coming into this meeting tonight thinking that all the issues had been resolved. This is an unresolved issue and at some point between now and the end of the fiscal year, we've got to transfer the property because the proceeds from the sale need to be applied to the capital plan. That's for fiscal 22. If this issue isn't resolved, it doesn't survive the deed. And I think you may be right, and this is Mohan, that most time is of the essence this week. We come back on May 26th and we get this issue resolved so there's no open questions no matter what the size of the issue is. And I wanted to get the motion on the table from Mr. Heard just to have it out there, but I understand your reticence and given the hour it may require us to come back. So if you have any other comments, why don't we do that? And then we'll decide what we do with the motion and any action this evening. No, okay, thank you. And I guess just the lowly court reporter to me in terms of, I'd prefer not to take a vote tonight on at least one, if not other outstanding issues. If I could ask four quick questions under the plan special permit, I understand it's 1207 Mass Ave, it said 1205 and that was changed in initial to 1211, but I don't recognize the initials as Mr. Daugherty, Ms. O'Connor or anyone else who initiated that and do they have the legal standing to provide those initials? Attorney Heim, I don't know who initialed that. I don't have the PNS in front of me. Is that the plan special permits? I'm sorry, Attorney Heim. I believe there's a, sorry, thank you, Ms. Vaughn. I believe there were a few Scrivener's errors in the original PNS that was executed. I believe that it's not my initials, but I believe those are Mr. Doherty's because there was, I think the original reference was to 1205 rather than 1211 on the other side. So that's, that's what it is. Okay, and what I would ask is if that can get clarified because that does not look like a JD, looks like a ED or LD to me. And then on undercost in pro-rations underseller costs the three manumurations, one, two and three under 13.2 do those include all the seller costs. It says that seller costs, the seller shall pay for all of the following costs. And then it lists them. Is that all the sellers? Is that all of the sellers cost? Is there something else that isn't covered that the sellers not paying for? Mr. Chair, no, I don't believe so. I believe the seller is covering the costs. I don't think Mr. Conner has a different read of it. I think it's a fairly straightforward transaction where the seller is bearing, I'm sorry. I believe the buyer is bearing these costs. I don't think there's anything else that we're not registering or haven't been recorded. Thank you. I guess my request would be having started out in land court. My memory's a little cobweb, but if either Attorney Hyne or Attorney Cunningham could look into the actual seller's costs for 12.07 and 12.11 to make sure that that encompasses everything. And none of that falls on us. And then regarding the quit claim deed, I just had a real quick question. Does this agreement for mixed use the quit claim deed apply to 12.07 as well as 12.11 massive? Thank you, Mrs. Mahan. Just to touch on your previous question and this one. So we don't own 12.11. So this is only with respect to 12.07. The special permit condition applies to 12.11 with respect to mixed use restriction, but we're only conveying 12.07. So the mixed use deed restriction that we're attaching is for that property. The special permit is what will require mixed use of 12.11. Okay, and I guess I would leave it for when we discuss it that the next meeting, since 12.07 has been partnered in with 12.11 and I want to verify that an authorizing person initial this, I do consider it as both, especially under the quit claim deed. And then the other point that I wanted to note, and we can probably discuss this in our next meeting is with regard to the public space. If someone can give me a really brief, either Attorney Heimer, Attorney O'Connor regarding the town bylaws and the public space that it appears we're being granted exactly what that means, or maybe we should save that for the next meeting. Mr. DeCoursey or Attorney Heimer? Yeah, if I could just interject there for a second. I think we hold that for the next meeting. I do want to allow the other two members to talk. It is in the zoning bylaw, but we can address that at the next meeting and perhaps in between the meeting, Attorney Heimer might be able to update you on that as well. Any other questions? No, no, and I don't want that question to answer tonight, but I have a lot of questions. It's pretty vague in terms of the public space. I don't know if it's 25%, but maybe if Attorney Heimer could have provide the full select board more details on that. And then when we do, I prefer to vote this at the next meeting versus tonight. Thank you. Keep saying Attorney DeCoursey. Thank you, Mr. Chairman. Okay, thank you, Mrs. Mahan. Mr. Diggins. Sure, my question starts simply procedural. So it needs to be to you, Mr. Chairman. I mean, so my understanding is that the town meeting has authorized us to sell this, and we need to sell it before the fiscal year so it can accrue to this year. With respect to these unresolved issues, I mean, are those things that can be resolved by us or do they need to be resolved by ARB? Well, I think over the next week, there'll be discussions between Attorney Heimer and Attorney O'Connor and the ARB and they'll come back to us. And I think Attorney Heimer said earlier that the special permittees are within the purview of the redevelopment board and not the select board, but that's something, it's one of the reasons why I think we're headed towards tabling this 10 next week, but we'll get the answer for you on that between now and then. Well, no, it's fine, no, it's really even a matter of getting the answer to me is more a matter of me, whether we have time to resolve these issues in time to then do the sale because it looks like we're locked into when we need to do the sale, so the question is whether we can do the sale sooner rather than later, mean and then resolve all these other issues, mean later with enough time to do the property deliberation. So I'm not trying to push the vote for now, but just to say we get to next week, and I'm a little concerned that we'll be approximately in the same situation next week, so I just want us to understand whether or not we should be prepared to make the sale and still have issues that need to resolve after the sale, whether that's possible, that's it, thank you. Thank you, yeah, and I think. Can I just point out that just so the board knows the title is done, I have the municipal lien certificate as soon as the vote happens, we can close the next day, so just so the board knows that. Great, thank you, Attorney O'Connor. Okay, any other questions or comments, Mr. Diggins? No, thank you very much. Okay, thank you. Mr. Helmuth. Thank you, Mr. Chair. Procedural question for you, Mr. Chair, would a motion be helpful at this point to either second Mr. Hurd's motion to keep it going or to motion move to table? Well, I think from where the discussion is going, Mr. Hurd did make the motion, but I think a motion to table is probably in order if that's what you're, if that's what you're so inclined to do based on Mrs. Mahan's comment to us, Mr. Hurd, if he's comfortable with that as well. I mean, that's fine with me, tabling is fine. I don't think that's an issue that's gonna hold up the sale either way, but I mean, if the board is more comfortable approving the sale with all the information, then I can withdraw the motion to approve. Okay, thank you, Mr. Hurd. Okay, Mr. Helmuth. Thank you, yes, I'll move the table to this item to our next meeting, if I could still ask a question. Sure. So, and this may be for Attorney Heim, through you, Mr. Chair, or you're at your discretion. Resident of the Town did email me about this issue today, and a specific question that I just thought would be good to ask now regarding the building permit fees as distinct from the special permit fees, which are under the purview of the redevelopment board. This resident said that it was not clear to them that the select board is free to change the building permit fees without town meeting approval because town meeting sets the fees. So, I just want to ask the question, does the select board have the authority to waive any or all of the building permit fees on its own? Yes, it does. Thank you. Thank you, I know for the questions. Okay, thank you, Mr. Helmuth. Okay, so do we have a second on Mr. Helmuth's motion to table? Second. Okay, thank you, Mr. Hurd. Okay, well, I'm gonna hold off on comments. We will come back and I think to your point, Mr. Biggins, if we come to next Monday, which is when we have to publish the agenda for next Wednesday and we don't have the issue resolved, we won't put it on the agenda for next Wednesday, but I think we should be able to get this resolved so that when we come to the meeting, we don't have open issues and everything is cleaned up. So, on a motion by Mr. Helmuth, seconded by Mr. Hurd to table, Attorney Heim. Thank you, Mr. Chair. Mr. Hurd. Yes. Mr. Biggins. Yes. Mr. Helmuth. Yes. Mr. DeCourso. Yes. It's unanimous vote. Okay, thank you, Attorney Heim. Okay, last item, thank you, Attorney O'Connor. Last item is new business, Attorney Heim. No new business, thank you. Thank you. Mr. Chapter-Lane. Thank you, Mr. Chairman. I know we're late in the meeting, so I'll be brief, but important to mention, I think as the board and those watching at home know, the governor made a series of announcements earlier this week in terms of the timetable of reopening Massachusetts. Many of those decisions having an impact directly on Arlington and its operation of town government. So we will be issuing a comprehensive statement on our normal Thursday schedule tomorrow, but our current thinking is to align with recommendations being made by the state in terms of openings and wearing of masks indoors and outdoors. And we'll enumerate that in the announcement tomorrow. And specifically to town government and town offices, we plan to bring all staff back to town offices as of June 1st and open to the public as of June 15th when the state of emergency has officially lifted. So I'll provide the board the more detailed text of what we plan to release tomorrow once it's prepared. And then that will be released publicly at the end of the day tomorrow, as has been our schedule for the release of information over the course of the past year. Thank you. Great, thank you, Mr. Chapter Lane. Mr. Helmuth. No new business, thank you. Thank you, Mr. Diggins. None for me, Mr. Chair, thanks. Thank you, Mr. Heard. Just very briefly, I talked to the town manager about this, but I'd like to see us try to designate a few areas in Arlington that's within our control for, I talked to some business owners in restaurants last year about particularly, about having some spaces that they could essentially give us an RFP for outdoor dining event if they wanted to have music and serve food and a way for some of our restaurants that lost businesses over the past year to bring people back into the fold in a safe way that makes people comfortable. So I'll follow up with the town manager on that, but it's certainly something that I think as the weather gets nicer and restrictions are lifted, it could be a good thing for both our residents and our businesses to enjoy some time outdoors. And then Arlington had a visit from one of our past Board of Selectmen members. Frank Heard this weekend, he wanted me to bring up, he was a big steward of the Mount Pleasant Cemetery and he brought up to me that some of the gates were in poor condition, so he wanted me to ask that we could take a look at what it would look like to either repaint or do some work to spruce up the gates to Mount Pleasant Cemetery, so I told him I would bring that up to our next meeting. That's it. Great, thank you, Mr. Heard. Mrs. Mahan. Thank you, Mr. Chair. I appreciate the town manager. One of my questions was when Town Hall would reopen, I was hoping it was May 29th, because the statement was as soon as there is a vaccine available, especially in light of the Select Board, Treasurer's Office and Town Clerk's Office have been open pretty much throughout the pandemic. I'll look forward to understand it as 6-1 and 6-15 to the public, but I was hoping it would be May 29th. The other thing that I discussed with the chair and the town manager is the recently, in recent noise issues over Dillboy Field and Summable, the town manager indicated he would follow the model that we did last time that was successful. We had probably nine different models. The one that was successful was having our recreational director, Joe Conley contact his or her counterpart in Summable. And I believe that has either happened or is about to happen in light of town meetings about to start. If I could ask the town manager if he could either met myself in the chair, no, and or send a blast email tomorrow after that meeting with Mr. Conley so we can get back to the residents on Dillboy Field. And then I would leave with you, Mr. Chair, the board received an email from a resident. I'm blanking on her name. I wanna say Dr. Nora, Glory of Rory on Webster Street regarding a Verizon approval. And perhaps we can talk about that at a future meeting. So thank you, Mr. Ducorsi. And I am not the last person to speak, right? So I won't make the motion to suspend. That's right. I just have a brief comment and then I'll come back to you. Okay, thank you, Mrs. Mahan. Okay, just very briefly this afternoon, Mr. Helmuth and Mr. Chaplain and I had a meeting in the select board chambers with Mr. Feeney, Mrs. Bongiorno and representatives from ACMI, Jeff Monroe is there. And we had a discussion about returning to the chamber and we have a goal of returning on June 21st. That would be the first scheduled meeting after the full lifting of the state of emergency. We're gonna work with them. There are some technology enhancements that need to be made to the chamber, but it's been a good meeting. We've had two meetings recently on that and have made some real good progress. So I will keep the board updated on that. One last thing I just wanna announce, congratulate Ashley Meyers on the call. She has accepted the position of office manager at the select board and with thrill to have her accept that role. She's been in that role effectively for the past few months, but congratulations to Ashley. She starts officially on Monday in the new position. So with that, I will turn it back to Mrs. Mahan. Thank you, Mr. Chaplain. I'd like to make a motion that the select board meeting suspend and reconvene concurrent with the opening of tonight's regular town meeting that we remain in session and that our adjournment will also be concurrent with the adjournment of the 2021 regular town meeting. Great, is there a second? Second. Second, thank you, Mr. Okay. Motion's been made in seconded. Attorney Hine. It's her herd. Second. Mr. Diggins. Yes, sorry. Mr. Diggins. Mr. Helm. He appears before us. Yes. Mrs. Mahan. See you all in 24 seconds. Yes. Mr. DeCoursey. Yes. Okay, the last bell hasn't run for eight o'clock. So we're done. Thank you.