 Good evening ladies and gentlemen welcome to the Selectman's meeting of June 8th, 2015 We aren't wearing our $1,000 ties this evening because the Selectman go casual from Memorial Day to Labor Day and Mine are often too tight around my neck anyhow, so First item on the agenda Mr. Chapter Lane sir. Thank you, Mr. Chairman. I just wanted to take an opportunity at tonight's meeting to officially Introduced to you the new library director Andrea Nicolai. She's here tonight to come speak with the board Most of you have most likely met Andrea in her role as assistant director and then acting director through our Two recent interim periods, so we're very excited that Andrea expressed interest in the position We're very excited to have her into the position and we just wanted to have an opportunity to talk to you a little bit And answer any questions you might have Thank you very much Andrea welcome Thank you so much for the service. You've already provided and clearly the service you will continue to provide Do you want to give any speeches or anything to us? I would like to acknowledge the I would like to acknowledge I'm chapter lane for being so great and supportive through the whole process And I would also like to acknowledge the town department heads have also been extremely supportive and wonderful to work with already so far I really look forward to serving the town in this capacity and We're looking forward to a lot of great projects RFID and summer reading and all kinds of wonderful things to come in the years ahead I'm delighted with this appointment, so thank you Questions on the board First I want to say thank you to the town manager for bringing this higher before us One of my first jobs is working as a page at the Robbins library as well as my daughter Some 20 something years later And I've been there when we brought in a director from the outside as well as when we hired from within and I've definitely seen the benefits in terms of Hiring from within usually gives a good signal that there's a lot of good things that you're doing and what we get from you is your expertise From having been there since 2012, you know, what's Running what's running well as well as you know what the capacity is and what we can do to grow from there So I'm thrilled that you're with us You're an internal candidate and you're now going to be the director and I really want to commend the town manager because I know He's on top of everything else spend a lot of time done a lot of due diligence and you truly are the best candidate Look forward to seeing you soon. Thank you very much, Dan Mr. Dunn, it was town meeting that convinced you, right? Absolutely I'm really thank I'm delighted to have met you in town meeting and talk to you then and and now So some of the things that I really like that Ryan was working on were some of the public outreach stuff that he was doing He was doing really like I thought he was doing unusual things that were catching people's eyes and bringing people's attention to the library And I'm sure there are things that we can learn or I suspect there are things we can learn and improve from so I hope that that's some of the things that you're looking at and I look forward to what you bring to the town Absolutely, thank you very much Thank you very much. I'm also very thrilled by this appointment and I'll note that you were one of the lucky departments who did not have any questions that did not have your budget held at Town meeting which means you kind of won the jackpot However, I know that some of the town meeting members did have some questions that you know I directed them over to you and I was really happy with the responses that you you gave them the information And I've been happy with some of your innovations too. I think at a previous meeting I mentioned my colleagues that during our recent town read I thought it was very innovative to To run a community Conversation with the author of the book from the UK via Skype. It worked out really well and looking forward to more Innovation like that. Thank you I was wondering if a word in a word or two you could just say kind of where you see the library and kind of the cultural life of the town Well, I see the library at the heart of the cultural life of the town I was when I was reading through the master plan I noticed that the library is one of the town departments that really embodies the town goals almost more so than any other I Dare to say Well within a reason I'm saying I Look forward to growing the the outreach efforts that Ryan started. We're gonna be at the at the farmers market again this summer So fight just finding innovative Places where Ellingtonians gather and celebrate the town life We look forward to supporting that and being part of it in the many ways that we can whether it's through promoting the materials and core services that we already have or Inviting people to programs that are new and different. So all of that and more Yeah, really looking forward to just Continuing to make the library sort of the heart of of the cultural life of Ellington. Thank you Thank you very much Mine was the life that started on Saturday mornings at the Dallen branch Going to our readings and stuff. I know the Dallen branch is now gone, but the One of the things I think that's spectacular about you is the fact that we've transitioned through Two directors while you've been there and no one would notice a single change in any of the services Things just continue smoothly and that's because of you. So very excited to have your best of luck. Thank you very much Consent agenda the minutes of the meeting from May 11 2015 May 18 2015 and a request for a contract to drain layers license Vanaria and Sun site development ink anything from the board on either of those issues. Okay, mr. Mr. Chairman, I must pull out the 18th meeting minutes for the 18th as I was not present. Okay Mr. Greeley move approval with just one minor change that I spoke with Marie above beforehand and under on the day of May 18th under citizens open forums Mr. Dunstay is very sympathetic. He rides the bike several times a week and agrees some bikers and we're changing we're saying several times a week and I don't think the language is Notices that cars sometimes come to a stop even when they don't need to which is just changing that sentence We'll prove it with that change. Okay, mr. Chairman. I'm sorry. Yeah. Yes There's also a correction with the minister to the vote As the board has in front of them the sidewalk cafe permit policy was not approved it was received So we can make that correction Yes, thank you. That's May 11th or that was May 18th as well May 18th as well. Okay, anybody else on that? All right So first what we're going to do is vote on May 18th with the two changes that mr. Dunn and Mr. Hyman just brought up and so that Joe may abstain abstain to me all those are motion to approve just may change Mr. Dunn second Second second all those in favor, please signify by saying I now the minutes of May 11th And then the request for the contractor drain layer is licensed Approval is there a second second is the contractor here All those in favor they signify by saying I I all those opposed Okay, next is appointments the introduction of our newly appointed Allenton Veterans Council committee member to do so We want to bring up Jeff Chung low our veterans officer who did a spectacular job with our Memorial Day observances Two Mondays ago, I guess. Oh, thank you very much and good evening. So it's my pleasure to introduce to you Jeff Melton our final Veterans Council member that you didn't have the opportunity to meet the other day. So I Serve with Jeff in the Navy Reserves. So fine upstanding citizen. He is also Jeff teaches at the Odyssey So brings a lot to the table and we are currently conducting our first meeting this evening. So So I'll turn it over to Jeff Hi So Jeff you teach at the middle school. Yeah wife and I moved here a year ago, January so a year and a half now Four-minute walking commute to school. So I'm very happy with that Teaching primarily 8th grade math supports of students that have underperformed on the standardized testing and stuff like that. It's a trickier disciplinary, I guess demographic But also, it's really fun to just have something new every day and the different idiosyncrasies of the different kids So I'm just looking forward to This being one more outreach and my involvement in Arlington is our family Becomes part of the community and you do you walk to you walk to the West What what street, you know to give an address, but I'm on Forest Street forest, okay Yeah, you're in someone's neighborhood and I was born on the Farmer Road I went to the East since we're gonna bring up. I went to the West, which was the best Yes, mr. Dunn, thank you for coming my colleagues have heard the speech before because I mentioned it when we had the other people On the commission board. Thank you very much really appreciate you volunteering to do this It's a really important role. It's something that I'm really glad that Jeff has sought to create this committee I think that it's going to serve veterans. One thing in particular is I mentioned is people of your age demographic I think it's really important that we work to develop the relationship with those veterans as well Because I look at some of my friends who have come back from Iraq and the struggles that they've had and with other members of their unit And it's a it's something that they fight with all that you know continue You know years later. It's still part of them and I'm really glad that Jeff and you are there to help Do that for the veterans who live here in town. So thank you very much. Thank you Mr. Curran, thank you very much. I would just want to echo Dan's sentiments and I have two students two children up at the Autism and I've heard nothing but good feedback about the role that you played in the Autism Memorial Day Observances as well, which is always a very special time up at the school Which I'm sorry. I wasn't able to join you But I heard nothing but great great reviews about your role in front and center there And I think you serve as a great role model for the students. Thank you. Thank you Mr. Dunmay have already encapsulated it, but excuse me at the previous meeting each of the Candidates sort of expressed an interest as well as we sort of expressed an interest that we were interested in terms of this committee Recognizing you're probably going to do tenfold that and I'm just going to take advantage of the opportunity having you here One of the things and one of the other candidates, and I'm forgetting her name sort of highlighted as sort of one of her bellywicks she wanted to focus on is Outreach to veterans like my dad Korean War vet He was born and raised in Cambridge when he went in the army went to Korea more had a go before the Brookline Board of Selectment got yelled at because he was ten minutes late The train tracks were frozen up. They gave him two packs of cigarettes and sent him off So he's not been in Arlington residence since the late 60s But technically he's out of Cambridge and Brookline and sort of getting that niche of veterans More so involved. I think a lot of them are already aware of services and things like that But just getting them involved in the intergenerational Outreach that's been done. I know they've done at the high school and you're probably also Fostering it at the middle school, but I think a great resources I think a lot of veterans of my dad's age on up, you know Vietnam etc. We're really kind of quiet But now I think they see sort of the benefit of you know speaking to the younger generation So I'm not sure what your niche is if we've already defined what it is that you'd like to also bring to this committee But I want to take advantage of the opportunity of having you here and if there's anything else you wanted sort of One of the big things at the forefront for me. I was born and raised in Alaska So anything in terms of history was anything that survived the 1964 earthquake Yeah, so Everything here, you know when I first moved down. It's like, what's that plaque? What's that plaque minus like every house here has that plaque They're just old that that's what they are so in terms of really even though I'm a math teacher, I really enjoy history and having all this living history around us in That Memorial Day speech I made reference to the Memorial plaque at the high school in the Vietnam Memorial at the high school Not even recognizing until I took my class outside to do a worksheet and we walked right past the Memorial for the World War two veterans that have been the junior high west and So the fact that I didn't make reference to it there didn't know it existed kept asking staff around the school Do you know what it is? Do you know where it is and just there's no awareness of it? so one of the projects that Jeff and I have already been discussing is figuring out a way to Basically identify all those memorials throughout town, you know the little you know squares here and you know Getting out the information that we've got two Medal of Honor winners buried in St. Paul's Cemetery And and really taking advantage of all the history that Arlington has with its veterans and making that aware Within the within the town in the community Mr. Burn, thank you, Mr. Really and thank you very much But that sounds really interesting and I think that's a really great Thing to set out on for this committee and I certainly trust anyone that Jeff Vogue is for so I look forward to senior work So, thank you Thank you very much Take care Now another appointment Like what? Oh, sorry We actually Apparently my reputation procedure We let him in without seeing we could rescind it, but I don't think anybody want to move for reconsideration Take care And now we want to bring up a lifelong resident of Arlington Mr. Bill Carpathorn for appointment to the public memorials committee Welcome, sir. Good evening I'm doing well happy to be here Particular reason you chose this you've been a town meeting member. You've been very active in town We've done a few things. Okay, I just saw I saw the opening and I I called my friend Marie to find out a little bit More about it followed up with a phone call to Dennis Corbett who was a little bit more enlightening about what goes on there and Alice Alaponte, I know as well So after speaking to the two of them I it sounded, you know, fairly interesting and something I'd like to get involved in Thank you very much for that question from the board Second approval is our second second. So Which would you say was the quieter conversation with Marie Kruppelker over Dennis Corbett? all with Marie Absolutely Licenses and permits request for change of manager all alcohol license not your average Joe's David Chambers What yes, I really wanted the gentleman to be here. Yeah, so can I well? Why don't we leave it open and maybe they're coming in late and otherwise we'll table it Yeah, so it's supposed to be what do you want a table? It does. Oh, no. No, great. Do you know whether? Unless I'm just wondering if he has trouble with the management so that he could get out Early Okay, so before we move to item seven and eight I draw your attention to our addendum What mr. Heim had just raised from the May 18th meeting What we need first to do is to approve these revised sidewalk cafe permit regulations And you see in the materials before you the just the highlighted in yellow the changes That were made Proof of this there are seconds second and we did make sure that both owners were made aware of this the policy Mr. Chairman, I had an opportunity to speak to one but not the other Before the meeting so we'll make sure that they're both aware of it None of these changes are substantive changes that would alter the application that they've already submitted Okay, so I Believe the permit for the madrona the madrona tree. She's unable to be with us this evening, correct Oh, okay, please Ted. Yes, mr. Dunn. Yeah, thank you, mr. Greeley I just want to especially because we just didn't have a chance to look at this beforehand I just want to make really clear that what the changes are that we're talking about and so number one We're talking about the board may pray it's fee for applicants the initial term to reflect the number of months for the permit Whole sought that's an addition an addition outdoor alcohol service and food service when alcohol serve that door shall conclude at or before 10 p.m Sunday through Thursday and at or before 11 p.m. Friday and Saturday the third one is That these things the termination date and that they're non-transferable, which is that these are one year Permits from January 1st to December 31st So we're making those three additions no other changes Right, thank you and Ted. Did you want to speak to this or you're speaking to the Just to the madrona tree. Okay, so hold so I need a motion for us to approve this policy Right And I seconded All right, so move in seconded all those in favor. Please say the five I say nine. I most opposed Okay, now specifically to the request for a sidewalk cafe permit from the madrona tree Ted fields Uh said fields economic development planner. Thank you for giving me the opportunity to speak Um miss abraham was not able to attend tonight Due to family circumstances As since I helped her draft the proposal Uh, I volunteered to come and answer any questions you may have um, and I uh went out to her establishment and uh Walked the proposed area that she proposes to use for outdoor seating We measured it and I came up with the plan before you And it is important to note that she her plans are not adding Seating to her establishment she took seats away from the inside to use them on the outside Questions from the board Okay, miss man I don't know if it's a question more than a comment and i'm gonna Leave it to both you and attorney heim. Um, how much leeway I can have with this question Excuse me. It's concerning. Um, the serving of alcohol outside If the Manager or representative were here and unless attorney heim says this isn't a question that I could ask Um, I'm just curious about you know, since it is the center and it is one of the few places that You know our middle school high school kids sort of congregate around as well as families, etc Um How they intend when they do serve alcohol, are they going to serve it in glasses bottles? Is that something I can ask? Oh, she doesn't it's the next one, okay No, you know what I started a thing her application something about alcohol I apologize and it just must be the standard language. It's in the permit. Sorry about that. So I don't have a question Well, but any liquids, right? She'll be serving other liquids right Anybody else Uh, sir vote motion. Mr. Dunn. I move approval subject conditions Sorry, mr. Burns. Sorry. Um, no, I um This isn't just from a journey tree, but also, um, I think speaks to the process in general And I do just want to thank um, all of the town departments that were involved there. Um, You know while this might not seem like a really big change. It did take quite a lot of work behind the scenes Both all from town council the planning department, of course border healthy and inspectional services And um, they really did put quite a lot of effort into this and I um, don't want to just make these Vote on these and haven't go through without recognizing all their efforts. So thank you. Thank you, mr. Burns This is a hearing anybody wish to speak on this matter Okay on the motion by mr. Dunn seconded by second as well, mr. Burns all those in favor please signify by saying I I those opposed Thank you Sidewalk cafe permit for the common ground with learned council Sir Good evening, sir board I'm here with bobble Gwen. It seems like we're always coming before you for something Bob's seeking to have an outside cafe As detailed in the plans that we gave you in his application. He originally asked for approximately 16 ACs Due to the just configuration of the area the area if you wanted to block off was about 22 by 29 He plans to have it set up with perimeters plantings It will be table service obviously to level waitress Hostess out there to Guard the area for lack of a better word He won't have any beer bottles out there. It would be only if someone asked for a bottle of wine or champagne Everything served in glasses Plants have no amplified or any music out there at all. It's just can be folks in the conversations When would you hope to set up tomorrow? I'll be there after the meeting Miss mine I just want to say To the attorney and also the applicant. I want to thank you for taking The serving of alcohol into consideration and I only raised that because as I say many too many times I do coach a high school sport at the high school and I do hear from the players on the field You know in terms of making sure we sort of practice what we preach and I yell at them and say, you know If you friend me on facebook Remember i'm a coach and if I see you at a party with 10 20 red Dixie cups You're gonna be an awful lot of trouble. So they can't sometimes conversely, you know send that back my way So that's the only reason I was you know, I don't think it was something that we could require you to do But I'm just where it's on linkedin center. I just want to say I do appreciate you taking that into consideration Thank you very much, mr. Burn I might get in trouble saying that now I think about it. Sorry I am I actually have a question for town council on These permits. I'm looking through the reports. This one's from inspectional services It says that the applicant will need to present plans to the department for a building code review Prior so and that's set forth in this application. So after we vote They'll then have to go to inspectional services for approval So if you approve all conditions precedent one of the conditions that obviously have to be met is Having it pass muster with inspectional services. Thank you. All right. I'm assuming that set it up right away. Yeah, I'm assuming that Mr. Leonie is Thank you, mr. Carroll Thank you very much, mr. Chair I support I support the application Absolutely in In principle, I think it's important to add some vibrancy to the to the center I think it's important linchpin in our economic development strategy I do note though that The the planning department has suggested cutting down the the number of requested tables by three such that that they are not Encroaching on the the CVS's front frontage And I wanted to just get some feedback on that because my first first blush I tend to agree with the planning department and their recommendation well the Approachment on CVS. I think the planning department anticipated that would happen because they want that eight foot Distance between the planter of the tree and the edge of common grounds proposed cafe area Right. It's the same building owner. So it is not an issue with a foot or two overlap But if the planning department is recommending that I think mr. Oguin would go along with it. It's a matter of six seats Um, he'd rather work with the town that fight about six seats Kind of not like me for saying that I just I get a little bit concerned because it's it's CVS now, but What if in the unlikely, uh, you know occurrence that CVS were to go out Another establishment came in You know wanted to come in with a similar application They wouldn't really have the opportunity if they're being encroached on and presumably also CVS has also is Is there one-year licenses? True. We can always yeah true Move back move over true Should we we've cut from what number of tables to what? 16 to 13 Mr. Joe well said. Yeah. Yeah, I was actually on the same question So I perhaps read the report a little bit differently and I think Mr. Fields wrote it so we can ask his opinion But I I think so I definitely understood that we didn't want to encroach too close a madrona tree Because and they also have a physical obstacle So, you know, we've got one restaurant sitting next to another restaurant to make sense to keep that room But I kind of read it and I said, um, had you actually considered taking advantage and moving more I like taking some of the frontage a little bit of the frontage instead of CVS Had you explored that or or is you just not even interested in it at all or Oh, no, I would be but just try to first year first. Yeah. Yeah. Yeah, okay Like he says a yearly application next year if you feel as needed or Okay, all right If you if you decide that you wanted those three those that extra room in front of CVS I personally would be interested in having that conversation. So But I'm happy to support this as written As amended by Mr. Fields Okay, anybody here wishing to speak on this matter Line up please Uh, thank you, uh, Mr. Greeley. Uh, my name is Michael Ruderman. I live at nine Alton street, which is right around the corner From Broadway Plaza. I apologize. I didn't get the memo about no time Mondays Nor the memo about the switching name tags. I think it's going to be fun Thank you for putting an abundance of materials on on the website, uh, that that's a great leap forward in being prepared for the meetings I thank the board for um, for um, if we're doing that um Speaking to the petition directly, um, this seems like an extraordinarily generous Petition that the board is considering 638 square feet 38 additional seats along with the almost 200 that The redevelopment board has has permitted for this location existing which is incorrect in the applicant's Petition before you it's not 100. It's it's much closer to 200 including including the seats in Excuse me 194 So 48 on top of 194 with no additional parking requirements the $50 fee I know that's in the policy. You just approved how on earth. Did you come up with 50 dollars? I mean 50 dollars. That's what one night's tips from from the 38 additional seats It seems like an extraordinarily generous deal What i'm asking for tonight in terms of relief is please revise the permit to 10 p.m For all nights of operations. Please take back the 10 to 11 hour on the weekends You call it ambience. I call it listening to a dinner party that my neighbors are having until 11 o'clock every night and That's their business I mean and that's their granted business. Uh, so I am asking you for that relief We have been thwarted in our attempts to get no loading zone signs on Alton street We've been thwarted in our attempts to cease all the evening Excuse me morning 3 a.m. Trash pickups because health department tells us that that that they're legally Permitted although not encouraged But we're thwarted in in our our requests for relief in those matters Can we please cut back the petition petition that's before you tonight to 10 p.m? All seven nights a week Thank you All right, Bob Radocha Columbia wrote I said it before and I just need to say it again Uh, I think the fact that we're taking 600 square feet of public space Turn it into private space with no public access. It doesn't feel good to me. Okay. The deed is done The other one is the uh, 50 dollar rate. Uh, it's just again I think outrageous Okay, the madrona tree. Okay. They don't know not serving anything and it's a different setup there Uh, the question I have is not clear to me Um, when we talk about reducing the seating is that to allow for space between Madonna tree and common ground Uh for passage You know people have to get to the bus from that side and Madonna tree goes right up to the curb So there's no room on that side And then or otherwise you'd have to walk all the way around it to get to the bus from So we're trying to create an aisle or something there by reducing that I think Ted, would you mind answering that first? Our economic development Yes, that was that was the main rationale behind our recommendation in reducing The seating capacity proposed by the common ground to allow Uh, a corridor between the outdoor seating for Madonna tree and the outdoor seating proposed for common ground And it really works to the benefit of both establishments to allow wait staff to access that area Okay, thank you. Yep. That's it. Thanks. Thank you I may not be so short Let the Hitties fellows can say it I love st. Mark's plaza in Venice I love Paris Sit out in the cafe have a glass of wine I'm part of the ATED committee. I also live across the street I like the idea very much But I'd like to ask you a few questions about policy because I have a feeling you are establishing a policy at this point Now Everybody who has an outdoor cafe or outdoor seating If a yummy puts a table out there that they pay 50 bucks If yummy puts a table on the sidewalk do they pay 50 bucks? Okay, so the policy in this town Is to allow the use of public space for 50 bucks Whether you have a cafe table in front of a little store or whether you have a 44 seat facility Okay Remember, I'm a favor of it But what I am not in favor of is foolishness I believe That you folks If you're going to prove it tonight fine, that's okay for me But you're really going to get one of these Committees together to come up with a policy that makes sense Okay, what uh, mr. Wooderman said about 50 dollars. He's right What mr. Wooderman said about crowds. He's right, but you know what the ambiance in my opinion Overcomes that in my opinion. I like crowds. I like that kind of crowd As long as you watch out for how the the booze is served I'll be sitting at one of the tables. I assure you as long as you watch out has to how the children are Are attended to why because I guess the teenager can walk into common ground And get something to eat and they don't get thrown out because look at reserve But I really believe you folks sort of think about this approve it tonight if you want you guys have been charged But you really ought to think about some pricing that makes sense Based upon Based upon The amount of seats involved Okay, not based upon whether there's a lot of money to be made on booze or food Based upon the number of seats involved. It just does not make sense to an old retired accountant That a 44 unit place using public property Should pay 50 bucks if that's the number 44 and a place that has A little cafe table outside of a yogurt place should make 50 bucks I'm talking thousands in my mind 44 Hey, it sounds like to me Eight ten thousand dollars might be worth it Yeah, just as a point of clarification The common ground's original application did propose using part of the frontage in front of CVS the planning department has talked to the manager of CVS On a number of occasions. They are fine with having seating in front of their establishment at this point They just are concerned about having trash picked up Regularly from the outdoor seating With two covered trash receptacles in the outdoor seating area, which I believe You have in your proposal And that is their main concern at this point I just wanted to clarify that I just want to say to mr. Paluzzo and mr. Ruderman in terms of the 50 dollar fee I'm happy to look at, you know, we are establishing policy No, no, I just want to say I'm always happy to look at something But I'm also always cognizant of the fact. I know when we gave out the all alcohol licenses So many people came to me thought this is going to be a great windfall for the town in terms of how much we were going to get Um, and perhaps attorney heim could say a better than I but we are guided by the law in terms of what we can charge for a fee We have to justify it with the administrative time. Perhaps you could say it But i'm always willing to look at it, but i'm not going to encapsulate it I'd actually think the town manager wanted to speak on this point Yeah, thank you, uh, mr. Chairman and through you to uh, miss mahan Yeah, very very simply put the um, the price of a permit or a license By law in case precedent is supposed to be based on the cost of producing that license or permit Not the revenue generating capability or the size or scope of what that permit is covering So though the board it's certainly within the board's jurisdiction to ask Myself or the board staff to do a deeper analysis of what the costs are of assessing this permit And in the future consider a different permit cost, uh, basing it on what the revenue generating capability I think would be a poor and legal uh in a road with certainly with legal liability No, I guess I just would appreciate at some time in the future Just in terms of where this is a new policy, which does involve public land Which some of the speakers have highlighted What the opinion, um Either through the chair from the town manager and our town council would be Yeah, at the board's direction. I'd be happy to analyze nothing exhaustive just in terms of you know I I think I've always wanted to you know in terms of some other fees But I've always been back down to the point of you can only charge as much administratively that you disperse and seen overseeing that fee Okay Yep, mr. Dunn. Yeah, I took a quick look at this, uh, and I found that in Cambridge they charge 75 dollars If they were just the first one that came to mind because and I couldn't find anywhere I thought about it from the angle of like is there like a rental fee to be found here And I couldn't I couldn't find a good example of that being done elsewhere And so I definitely I am definitely of the mind to approve this today as is because I would want this experiment to go forward I want to try it. I want to see how it works And we'll be back here in january and february looking at it again And if we find a different way that makes sense to talk about additional revenue that passes Muster I'll be happy to so I'm happy to support that as is and I'm happy to you know See what we learn over the next six months Okay Anything else on the board someone want to make a motion approval is our second Sorry, mr. Are we moving approval as applied or moving approval as recommended by the planning department You were saying with the smaller size basically. Yeah. Yes. Yeah, right. They've already So I agree. I mean it's That I'm aware of at this point. These are the only two that have asked us For this others will come forward. Let's see. Let's let's do it for a year and let's see what happens All those in favor, please signify by saying aye. Those opposed. Best of luck. Thank you very much. Thank you Citizens open forum except in unusual circumstances any matter presented for consideration of the board Shall neither be acted upon or a decision made the night of the presentation In accordance with the policy under which the open forum was established I was asked Why we put that in here and the point is someone coming up now We don't know what they're going to talk about So if they do bring up an issue We need time to put it on an agenda and and we others should have an opportunity to respond to it if necessary It should be noted that there is a three-minute time limit to present a concern a request. Can I have the list? Do we have anybody who's signed has anybody signed in to speak on the citizen open forum? Okay, you took care of it there. Okay. I guess that's it. Marie Okay, thank you Yeah, and and he has ceded his time to me, which I appreciate Robert. Thank you For approval the Argentine international film festival banners. Uh, this is something that we did put on Table You weren't unable to be with us at the last meeting and I wanted to give you a chance to speak I'm hesitant to approve it since the festival is actually held in Cambridge That's just my position, but that's why If you'd like to speak on it, please Good evening, I'm not going to go over You know the exact same things that we talked about before but I do want to remind the Selectman that we are truly good ambassadors for Arlington Whether the actual festival is held here within these gates, you know, or these these perimeters The name is still out there. Um, we're actually selling discounted festival passes now Um, and the advertisement is for three local restaurants in Arlington that will the festival pass purchasers Are going to have 20 off Not just during the festival, but from october 15th when the festival begins through december the 15th Um, we're going to be previewing the film From the old schwaab mill during the festival And also we have invited ated to have a table in the lobby of the of the kendall square cinema for eight days So We continue to partner with many organizations Here in the city We're promoting all of the best of of arlington and we just hope that You consider that when you're making this decision because Um I think that the whole idea is to get word out beyond Arlington's Borders what arlington offers and we can't do that unless we're outside and speaking To the greater boston area. So I appreciate your your consideration Okay, mr. Carroll. Thank you. Thank you, mr. Chairman Yeah, I was at the as you know, you know any application for banners from a private organization needs to be sponsored by a town organization and so The ated the arlington tourism economic development committee did vote to sponsor the festival again as as we have In the past. I think that april addressed some of the The reasoning behind behind this but I think that we saw that the The arlington international film festival is actually it's much more than an event. It's a program that that Continues throughout the year You know earlier this evening. We heard from our new library director and the aif Throughout the year Sponsors, I think it's monthly Film programs at our libraries, which are very well attended They cosponsor showings with acmi. I think there was just one with a film that was premiered from Iran if i'm not mistaken the work with With swan mill as well as the programs with the allington school department I think you know that that the The program a ff has been you know honored by the our chamber of commerce by our Rotary club, I believe by the arlington center for the arts and most recently by the martin luther king Celebration committee partly because of the work with the winford rumbert program That that took place in in the And the schools as well so I think that we saw it that as far as the connection to arlington The film festival is actually an arlington based program that continues to to engage with a lot of aspects of our community To enrich them that they've been partners in the the cultural district efforts as well That's part of it the particular My understanding is the request is for two banners and they're centered around A kickoff celebration which would actually take place here in our town hall Just as there was also a there's a poster contest which has taken place every year and has been opened up and mr. Adito our visual arts director from the high school mcs it And you know students from alex catholic students from the high school participated in those poster contests as well So I think that when ated took a look at this, you know, we didn't take a specific position on banners or anything Specifically what we said is we want to we want to continue sponsoring the arlington international film festival Several reasons and I think they're I see three other members of the committee here and they could correct me If i'm mistating anything partly it's because we do have local business sponsors who are continuing to To sponsor the festival as well A lot of ated's activity has been Arlington centered trying to get people to come in And from my point of view when I voted to support sponsoring the the festival itself It looked like a good opportunity to kind of try to promote the town outward And From that perspective, I think I'm feeling comfortable Supporting the the banners this year as long as they are centered around You know my sleckens hat they're centered around the kickoff event here at arlington town hall And helping to to kind of Remind people of what arlington has to offer and how we are kind of a It this actually represents a step where we're now a cradle of of kind of cultural activity in in our area so I'm going to move approval of of the the request. Hope somebody's second and I'll second it Thank you. So, you know the requesters for september 14th to october 26th, correct? Okay. Yeah All right, who else would like to speak on this? Mr. Then um I'm I guess I've the I'm persuaded that the value of the interaction we're getting particularly in places like the kendall cinema and the activities within town Plus those are so I'm I do plan on supporting this Frankly what would change my mind is if atet or the economic director said, you know I don't think we're getting a good deal if they were if they were saying something else I would change my vote, but I'm I'm I'm listening to them Yes Make it brief First I'm just concerned about a precedent that we're setting, you know, I think of any other Alligin nonprofit That's based out of alligin In where we are giving six weeks Basically a prime space to advertise it is a Cambridge event It's allington based allington international film festival I do take uh to heart the remarks that mr. Currow said regarding things being centered on, you know, the kickoff at town hall and all those activities I'm willing to approve this for this year because I'm hoping perhaps maybe this is an anomaly And we can get it more allington based back next year I would say if this same request came before us next year Um putting the precedent aside I would really take um To the core of mr. Currow's remarks that I personally would say I'll approve banners That's center and focus solely around the allington events the kickoff at town hall Not the whole six weeks. So um, I kind of get a sense that You know something happened this year and and the event is happening and it's in Cambridge I think you're hearing um from all the members of the board in various tones and cadence in terms of you know Myself my personal concern of setting a precedent of you know allowing a Cambridge based event so much um Exclusivity here in allington. So I'm willing to do it this year Because I get a sense. Maybe it can get back into allington more next year. If not I'm not saying um, you shouldn't come back with the same event in the same venue But I certainly would Sort of hold more true to I'd be willing to and this is just one vote. You gotta get to three Willing to put the banners up that promote the allington based events and so that's myself personally But I'm willing to approve it for this year Once again, I'm uh, as I said the last meeting I'm very happy to support this I think that allington benefits by this festival And I think uh piggybacking on joe's comments. I think that we have The town has a chance to benefit even more so by having it in Cambridge by having those people who attend it in Cambridge then come to allington to see what we have To offer and and so I'm excited to vote and and while it may be unfortunate that this is Not not going to be in allington. It you know, I think we still have a great deal to gain by through this festival and I'm very happy to support this and I'm You know moving forward. I'd still be happy to under these same circumstances. Thank you Okay Did I see hands out here to someone wish? Yep Get in line, please Uh They are personal friends of mine. I am great admirers of them They're two of the best entrepreneurs I've met in years. Okay Uh, I want to congratulate what you guys have just said And the reason why I want to congratulate it is because Joe wasn't at the last ated meeting at the last ated meeting. We specifically said We support the banners So I think it is wonderful that you agree with the ated committee And I also agree that it's one year at a time Thanks Tom Davidson also with the ated committee So when they came to us to ask if we would sponsor the event We have the exact same discussion that you're having right now. It's like why we want to promote An event to send people out of town Even though it's named the arlington international film festival Part of the part of the consideration and my initial reaction was And I'm a big supporter of the film festival. I've attended. I've helped. I think it's a wonderful thing I think it's a great cultural asset, but why would we want to send people out of town? The thought was to then feature this launch event at town hall To focus that the economic reality is at the region theater. They have not had the audience The heart of independent film in this community is in this area is the kendall square cinema to get economic development tourism Using arlington as a brand and I think mr. Byrne just just said very very well I think there's an opportunity for us to help brand arlington as a brand as who we are as this cultural renaissance that mr. Currow talked to there's a lot of cultural activity going on here There's a lot of good stuff happening if this is an opportunity for us to be for them to be an ambassador for us To get the arlington name out there not just to put banners up and show films But at the event itself to be promoting arlington there. I think there is a commercial Tourism benefit. We don't have a department in this town to do cultural tourism. We don't we don't have A staff person doing that. I think when we have organizations like this that if we can Find the right way to work with them. There are opportunities there and I agree Banners that were just sending them just for go to the kendall square I wouldn't support that either But I think with the idea of having a centered idea around the launch event And it's true that all the other things that they do throughout the year here and will continue to do with the robbins library The high school and others there is a benefit to to us that doesn't mean they they should get a banner But it's not like they're just pulling up routes and taking advantage of promotional opportunities Thanks Anybody else Is there a motion? Seconded. Yep Well, I'm way in the minority here, but Arlington would still benefit a lot more during those eight days of people were walking around our center instead of kendall square But I give up. I hear I hear it's four to one here. So I will support it for this year, but I don't like it All those in favor, please stay notified by saying I I all those opposed Best of luck Thank you very much Item 10 for approval the 17th annual feast of the east Excuse me Yes, Jen. Hi This year capital square is in the midst of our great big construction adventure And we're very happy that we're able to have the festival this year We need to thank the department of transportation and lynch construction for accommodating us And also want to Thank the town particularly adam for your support and immediate response during the construction of the sidewalk there between winter and cleveland when we saw a problem with the design And that's been fixed being fixed. I think we're going to be okay for the festival but I just want to make a point of Asking everybody to support the businesses on that block because they've really had a hard time during this delay So everybody should go have a drink at olivia's and do some shopping at love and art wear and Come down and support the festival So we ask for your approval to have this event adam and I had our haircut and I didn't before walking into Where joe and I getting our haircut Should I come down and buy some razor blades? Uh, so what shape will sidewalks be in? So the goal is to start pouring the dyed red concrete tomorrow From winter to cleveland and then have the gray portion poured between now and friday with the intermittent showers We have it'll be a little dicey, but the goal is to have Concrete laid and where concrete can't be laid because the utility work have asphalt laid so that we have one flush service Yep, miss my hand first Move approval and just sort of a situational comment On the day of the event the saturday june 13th If something should arise in terms of construction It has a point person a will a point person be identified to jan Or her designee in terms of if for some reason a subcontract or shows up that didn't get a memo In an area that we determined there wouldn't be work on So i'm just thinking of you know doing you know Events up at bracket school. So in terms of if something should arise that was out of the normal course of plans Is there a point person will it be um the highest ranking police officer there? Will it be someone from dpw? So mass dot and lynch have been aware of this date since Kickoff this year. So I would be very surprised if this was to happen But should it happen? It would certainly be the shift commander I mean I used to work for the phone company and and I know what went on up at sims And I know how many times we had to call rick gallagher not many But we did have to call in the sunday and it usually was a contractor that Claimed they didn't know that something was going on but they figured they could get some work in They had some downtime and could send some guys out. It's a very my my new possibility I just wanted to make sure that you're clear that whoever the shift commander is from the only to police department If something should arise appreciate that there is there have in the past been problems getting police officers to provide adequate Crossing help at the three crosswalks and we're hoping that this year we can get adequate staff there I think this year because you're not falling on allington high graduation You're not falling on the greek festival. I think will be sometimes a lot of that happens is There are so many events and we do go out to the city of medford in town of lexington But I think just in terms of looking at the social calendar this weekend And I'm not sure if allington alive is this weekend also, but I think it should be okay Thank you Move approval. Oh, was it already? It's already moved. Yeah, Diane moved it. You'll see a second. I'll second it other discussion All those in favor, please signify by saying aye. Thank you. Hope to see you there. Thanks for doing it. Absolutely Um, so uh Item 11 This is for approval the allington alive summer arts block party saturday june 20th. Is that you're mr. Cure? Okay Of course as A ted we are huge supporters the feast of the east and are so happy and And pressed with all the work that they've been able to do to pull this off Especially with all the construction going on so we're very Much supportive of that and very happy that they're also using the allington alive brand Part of the branding I mentioned before it's something we're trying to do To brand or allington is a cultural destination Part of the request I have for the board for a ted for this party is to hang the allington alive banners Again as we have the past two years to help promote the event in the town of allington It's on june 20th saturday june 20th We are asking to be able to use broadway plaza again Close off that area from allton street and down by from the fire station up We will have performances the main stage will be on broadway plaza as it was in the past two years where there's parking spaces Will have the artists and booths there as well It would mean a temporary bus stop to be located in mass av Besides the veterans memorial as we have the past two years and the police department's been very helpful in Helping us get that done One thing that didn't get left off on on this Paper that you all have this year We were trying to expand the festival and bring it down to the jefferson cutter green as well To really make it kind of a block party festival So we're asking a request also to be able to use the green on that day and a couple of the parking spots behind directly adjacent to The rear side of the jefferson cutter house to use as a staging area for trucks to come in for Musicians to drop things off and on it doesn't block any egress at all. I know there's on the On the east side there is a driveway to some small apartments in the back side of some of the businesses that wouldn't be blocked at all It's just the the spaces that are directly behind the jefferson cutter house Also to in russia common lot as we have the past two years asking if we can suspend the Parking for the day both to encourage attendance and to make up for the lost parking spaces and broadway plaza during the day I Move approval Discussion I just wanted to say that um, you know one thing that you know, this has really been tom's baby And he's carried them Nobody's carried the the ball more than he has over the last few years on on this and It has been very successful. Um, I think there are some innovative new ideas This year, I mean partly I think tom mentioned one thing that's being asked Is the jefferson cutter lawn for some of the I guess the idea is the family stage It's true Yes, there used to be some sound bleed between the stages down By broadway plaza and there was also a thought that That maybe the event didn't Adequately encompass all of the the business district along that way I guess some of the thinking unless this has changed. I missed the last meeting when I was out of town Some of the thinking was also to to move the the food booths down towards the the jefferson cutter Area in the past. They've been on alton street thinking being that that by moving them down to jefferson cutter, they're not Competing with the other restaurants that are right in the broadway plaza area, but they do provide an area Um On the other end to to get food for families in its local arlington Restaurants who who usually come in and take out those Those booths. I thought that was a fairly A new twist to the event that I think We're hoping will be positive part of the effect of doing that also is I think you know that in the past Even though this request is to block off alton street Again right at that that small section right before Broadway in the past the food booths have been there and there have been issues with With the local residents with people unloading and loading right in front This way we can now have the loading and unloading right there in that alton street area where there isn't that that direct conflict with residents in the area so I want to you know, thank tom for for You know taking all of that into consideration and I know that another another thing that that I know you've been working very hard on is is Working more closely with some of the merchants there in the center to actually take co-ownership of this along with with Ated as well because the whole point is to to try to You know promote the commerce there there's a lot of discussion about the timing in the past. It's been in July Some of the thinking was to try it in in june when more people are still around in town It's father's day weekend. Hopefully a lot of people will be out shopping Or people will be You know incented to come out and and shop at that time and shop in arlington for For father's day, so I enthusiastically Support it and thank you tom for your efforts Mr. Dunn so are we here early in the meet her here earlier in the meeting when we gave Outdoor seating permits All right. Yes. Yes. No conflicts Common ground. I specifically reached out to common ground to be a sponsor this year. They're in the heart of it This is exactly from the economic development part of things and the tourism part of the things It's exactly what we want to have happening That they can have if if they can Have it up and running madrona tree has benefited from that the past couple of years There's it's to generate traffic through Arlington center. We while we advertise in arlington. We advertise in belmont winchester lexington woobin Vareya who's uh a Part time but working more than she should Administrator event manager this year. She's doing she's an arlington resident. Uh, it's been doing a fantastic job The idea is to really take advantage of those things. I hope the timing truly that common ground can have their space up and running by June 20th, that'd be great. Thank you Was it a reward for her to be able to come and watch a select ones meeting? Yes Yes I'm hoping next year she may be standing here making this presentation instead of I In the best way I am I also Very much look forward to supporting this. Um, I am looking at the suspension of parking fees And I just think it's important to note that while I will support it this year We are putting in some new meters. So I think that moving forward. We might live within Utilizing those meters at that time But I know the issues that it faces now and uh, if we are still using those meters next year Please everyone get your pitchforks and come at all of us because they'll um, they'll be gone by then You're a representative But I thought we were a team so We are unless they're not replaced a They're right in your own, buddy. Ms. Mahan Um, uh, just two things. One is a sort of a question clarification Um, I thought I had seen a piece of correspondence possibly from officer roto I know it says in the application a police detail at um, broadway in franklin But I thought there was also a police detail at mass in medford or no, so there should be two. Okay Oh, there's only one in here. That's okay. I didn't I hadn't heard that There's only one in here and then um, I'm Definitely going to support this with the caveat that um the additional request um that the Chairman of the board of selectmen through the town manager that the three applicable departments Police chief fire chief as well as board of health just so they know that the food is moving to that area I know when we do town day if you're serving food on a sidewalk and you have certain kind of vegetable oil There's certain rules and regulations So my fear is that maybe some of the food merchants went and applied for the permit in one spot So four sets of restrictions with the board of health Were um imposed and now if they hear it's on the green they may say you also need to add five and six and what I would just like to let the Town manager let the two police chief and fire chief just so they know so they can perhaps make a Unilateral decision during the day if they decide that one of the details should be moved down to mass and mystic route 60 From one of the other two sites or it may change during the day in terms of the traffic You know coming in maybe the two officers need to be in two Spaces and as the event closes they may need to switch it out but I just want to make sure the police and fire chief are aware of that and I know they'll handle it accordingly That's okay. And just make sure your merchants Maybe double check with the board of health to make sure everything's in tune in terms of the permits. Thank you Not that they wouldn't sure You don't have to worry don't charge buddy. I want to congratulate The board of selection again Uh, I want to congratulate him for two things Back last June you approved the plan for the visitor center You were also approved a plan to use the performance terrace You were also approved the town manager deciding on a fee for people Of the right level shall we say being able to use the performance terrace And we just got on Arlington alive day the first paying customer at the uncle sam plaza site right next to the visitor center Adam came up with the dollars that we should charge They not only agreed with the dollars. They're paying a little bit more Because tom negotiated a very good deal with them the The customer to call them that is Whole Foods They are going to be giving away water and slurpees So stop buying You had me it's slurping Okay, I'll set time you are so on the motion by mr curos seconded by Mr. Mahan all those in favor they signify by saying I June 20th. Good luck And now a discussion on the project eligibility application in oak tree development proposal 40b project at the mu guys site We have our special counsel with us, but we'll start with mr. Heim. Thank you, mr. Chairman as the board will recall The board was received a copy of an application for site approval for 40b housing development In the area that we commonly Referred to as the mu gar property this Initial letter was accompanied by some 196 pages of additional documentation which lay out Various different pieces of the proposal for approval As the board also will recall we've retained special counsel the firm of wittnain huggins as 40b specialists to Help guide us with their expertise in this process and also to help supplement our available legal resources for this important matter and in anticipation of mass housing providing us the letter Asking for our comments and our feedback with respect to the site approval wittnain huggins developed a letter asking for an extension of time to reflect the board's Needs to collect additional information Since that time we actually received the mass housing letter which triggers the comment period and are currently giving us until 30 days essentially to provide comments and also Have scheduled a site visit for the property So there's a number of things for the for the board to consider But at this point tom, I'd like to introduce our special counsel to the board So that he can discuss the process from the board of selectments perspective answer any questions that you may have Talk a little bit about the extension letter and what the process will be like Going forward on just this piece of the site approval before mass housing Thank you, mr. Chairman. Good evening members of the board of selectmen with me this evening is barba huggins barba is my law partner And it's a pleasure to be here what i'd like to talk about mr. Chairman Through you and and to the time manager and with town council is really the process that is about to unfold By receiving the request from mass housing today The standard form is you have 30 days you the board of selectmen have 30 days to provide mass housing with comments On this application 30 days in a regular application let alone a complicated application is insufficient period of time So what town council and I've discussed is a request A draft request from you to mass housing for an extension To 90 days Mass housing could do one of two things they could say yes They could say no or they I suppose could say we'll give you 60 But our opinion is you should at least ask it's a complicated application. It's a complicated process And very few communities could pull the type of substantive comments that you need to pull together in 30 days So I think that's step one Then the thing that I'd like to discuss with the board to the extent that You have allocated some time to have this conversation is once you provide comments to mass housing There's a presumption that mass housing is going to issue the project eligibility letter You can count on one hand the number of times that mass housing is denied the issuance of a project eligibility letter so even if the selectmen's comments are Diametrically opposed to a potential project. I think the presumption should be and has been that mass housing is going to issue This project eligibility letter. So what is the project eligibility letter? It's a ticket. It's a ticket to the board of appeals You can't apply to a board of appeals for a comprehensive permit without two things One is a project eligibility letter from a state agency or federal agency But really the state agency is the only game in town currently And then the second piece is an eligible applicant Almost anybody today is an eligible applicant public agency non-profit agency or a private agency That calls itself a limited dividend organization So with those two things in hand letter from mass housing and a limited dividend organization I now can apply to the board of appeals So the board of selectmen starts the process But your involvement in that process is really limited In terms of regulatory controls to right now Because once the ticket is issued and again, we should assume it will be issued The action so to speak is all at the board of appeals level The board of selectmen has an opportunity to comment throughout the process You obviously have political capital in the process, but you have no regulatory capital So your role right now is first and foremost. It's very important mass housing may listen to you They may not but what we have found is mass housing will listen to your legislative delegation So to the extent that your legislative delegation is supportive of the position that the board of selectmen take We recommend that you take advantage of that Mass housing is a quasi state agency. They respond to political responses and we have seen that in the past So I think it's an opportunity for the board of selectmen To get fully engaged in this whether or not mass housing is going to respond to your itemized Suggestions or comments is really a different story So mr. Chairman, I'm happy to talk about the process from then on what happens at the board of appeals But I know you have a busy agenda. So I I guess I'll leave that up to you, mr. Chairman What's the pleasure of the board mr. Dunn I'd be interested in hearing a short version of what happens next Are they going to be very educational? Okay, thank you. Mr. Chairman. Thank you. Mr. Dunn. So the What I asked I'd like to hear what happens next Elsie So what happens next? Let's assume a project eligibility letter is issued the applicant now has that in hand It's an eligible application. They apply to the board of appeals for a comprehensive permit So comprehensive permit is a request for the board of appeals to issue all locally available permits Comprehensive one-stop shopping is the concept. It's not exactly true But essentially I applied to the board of appeals for a permit that would include all locally approvable permits For example a sign code for example waivers to zoning For example waivers to board of health regulations to the extent they're they're relevant all locally obtainable permits Under the wetlands protection act the conservation commission is issuing a state permit locally So the applicant cannot ask for a waiver from state permits Even though those are issued locally A second example is the state building code that's issued by your building commissioner, but it's still a state permit So the applicant can and will ask for waivers from virtually all local regulations that they believe affect this project Whether the board of appeals decides to grant those is a different story So now the application goes to the board of appeals the board of appeals has 30 days to open a public hearing Once the public hearing is opened the board has 15 days Very short period of time under the regulations To declare its belief that the town has accomplished one of the safe harbor provisions of the statute The most commonly referenced safe harbor provision is being at 10 percent of the housing stock being subsidized But there are other safe harbor provisions Including having the land area that comprises or that is comprised of 1.5 percent of subsidized affordable housing So it's entirely possible that arlington has met a safe harbor And that's a discussion that the board of appeals needs to be prepared for because they only have 15 days from the opening of the hearing And barber and I can tell you there isn't a community out there big or small rich or poor That can scramble in 15 days to do the kind of calculations that are necessary to assert safe harbor So the safe harbor calculation is very important has to be played within 15 days under the regulations If it is played if the board of appeals has a good faith belief that the town has achieved safe harbor Then the applicant has a 30 day appeal period to challenge that That appeal goes to dhcd If dhcd overturns the board then the board can appeal that decision to the housing appeals committee And during this process the entirety of the public hearing process has been stayed has been frozen The town of stonem is in the middle of that right now And it's been now almost nine months of a frozen process Assuming that the town cannot Assert the safe harbor status the board has had 30 days to open a hearing They must close the hearing within 180 days six months of the opening and they must render a decision within 40 days Of the closing at 180. So it's 30 plus 180 plus 40 And then there's a 20 day appeal period the reason the numbers are important is they're exact unless the applicant's willing to provide some extension They're precise and they're very short When the regulations changed radically in 2008 One of the most monumental changes was taking away from the board of appeals the ability to keep the hearing open While it gathers new evidence Now the board only has 180 days So during that process is really what's the interesting part All local boards have an opportunity and we would argue an obligation to get involved that includes the board of selectmen the conservation commission The development board the historic district commission You name and that is to provide the board of appeals with comments As to the logic The consistency the relevance of the application to the town's comprehensive plan the town's open space plan Economic development plans, whatever it may be One of the issues that will be before the board of appeals is the request by the applicant to grant waivers From local zoning among others And that waiver request Can be granted by the board of appeals if and this is the most confusing part of the statute If failure to grant the waiver Would render the project uneconomic What is uneconomic in a rental project? It's defined by the state subsidizing agency is based on a theory called limited dividend return an annual limited dividend return On a sales project. It's based on a percentage of total development costs So there are numbers there are bright lines in the sand If the developer can demonstrate that but for the waiver from setbacks density height Frontage but for the waiver the project would be uneconomic Then the board of appeals will be overturned if it goes up on appeal to the housing appeals committee If the developer cannot show that the project will be uneconomic meaning they will Exceed or meet the profit allocation Then the board of appeals has no obligation to grant the waivers And barba and i would argue why would they grant waivers because that's what town meeting has set in motion for 60 years since you first adopted zoning So this becomes a very delicate Really exercise for the board of appeals And the one recommendation we'd make right from the beginning and and uh town council and time manager and barba and i've spoken about this Is the board of appeals retaining experts Right from the get-go Using a statute that allows the developer to pay for the experts It's chapter 44 section 53 g The board of selectmen can use these same experts It's the developer that pays for it. It's the board of appeals who retains the individual. So there's no money going from the developer to the individuals The board and the town control the revenue and the board in the town control the experts We recommend that right from the beginning for any 40 b project let alone a complicated one such as the one that's now before the town So the board of appeals is getting information on whether the waivers requested would render the project uneconomic from a financial advisor From an accountant From someone who has expertise in building construction and cost estimation The board now has expertise in wetland science and hydrology and hydrogeology traffic Engineering civil engineering architectural design landscape design because what's really at stake here is arlington's master plan and your open space plan What has been the point of developing all the plans you've developed in all the years that you've served and your Assessors before you if an applicant gets to throw them out the window Under the rubric of affordable housing. It's not the way the statute works and that's not the way it's supposed to work Towns that have pushed back have been successful towns that haven't Haven't been so successful because the developer is controlling the shots. Remember this application is contra to your zoning So now the developer in arpinion has to demonstrate why they need this contra to zoning proposal So that's the process The second piece to the process is what happens once the board renders a decision There are very few comprehensive permits issued in the commonwealth that haven't been appealed by the developer to the housing appeals committee So the appeal process has two tracks The developer has an appeal to a state agency called the housing appeals committee Which is an agency within the department of housing and community development that has been no friend of cities and towns in the commonwealth The abutter or an abutter Someone who has standing has an appeal of the board's decision to superior court. These are separate jurisdictions and the two never cross If an abutter takes an appeal of the board's decision So an approval with conditions to superior court and the developer takes an appeal of the board's decision With conditions to the housing appeals committee the abutters case is stayed frozen Until the h.a.c. Matter and all appeals that flow from it are resolved And that's why we have a butter appeals of 40 b decisions that are three four five six seven eight years old Because the developer has been slogging through this administrative appeal process So it's a very interesting dynamic And all of this is really important for the board of appeals to kind of get a grasp on right from the beginning And I know they they have and I know they will because it's really important to see the end process At the beginning it's long It's attenuated and the board really needs to get as much expertise as it can in all these disciplines Relevant to the project early on and they have the power to do it So I I guess mr. Chairman the the other thing I just add and then and then I'll stop is the most important thing We've seen and we just represent cities and towns and and abutter groups We don't represent the development community is towns are not at the mercy of a rogue 40 b application We've seen that time and time again season towns the rumor is don't fight 40 b's Have to work with the applicant and it's always better to the work than fight But the town has a lot of resiliency And a lot of power to push back on applications that don't meet What the town sees as its vision based on plans and logical engineering practice So I say that as an optimistic note not as it's not defeatist all is not lost 40 b is a very difficult statue for cities and towns to work with But cities and towns have been successful and until the statute is reformed Cities and towns are going to have to take this one project at a time approach And that's really what's right before you now front in front of the center Well, I'm sure a lot of us have questions Are you that's excellent. Thank you So Let me start if you all don't mind. Let me ask I don't know how to say this properly, but what's your experience with eminent domain being used to stop at the 40 b Did I say that is that a proper question? So eminent domain was used only once that I know of in a reported decision that went to the supreme judicial court Very unfavorably for the town of burlington Um the sjc really punished the town for using eminent domain To stop a 40 b project that was antagonistic to what the developer wanted So it wasn't a friendly taking the the board's familiar in town meetings familiar with so-called friendly takings An unfriendly eminent domain taking is tough enough as the board knows and certainly a dug Would opine but when it involves 40 b It's perceived or was perceived in this case and could be perceived in future cases as bad faith So as a general principle, we would not recommend it But of course, there's multiple levels of eminent domain. There's eminent domain by the commonwealth that is not Function of municipal government, but our opinion would generally be as a bird's eye view Eminent domain and 40 b don't mix If an applicant is a proper applicant with a project eligibility letter There's a lot of momentum going against the municipality and again, I I don't I don't I defer to dug on on eminent domain advice completely But the standards of eminent domain Still require the public purpose the public use and the good faith takes so That's a very generic response. Mr. Chairman, but but I Know My other question would be Are you recommending we hire specialists? We hire specialists at this point? So the issue has always been can the board of selectmen use 53 g money Require the applicant to provide consulting money. My opinion is you can Whether the developer applicants will provide that without a fight is a different story If the applicant has asked you to provide a review of a 200 page document containing detailed engineering Detailed hydrology detailed economics And the board doesn't have all of those expertise. No doubt you have some of them, but I doubt you have all of them Then it seems to me that when a state agency asks you to provide written comments that ostensibly they're going to take seriously You should be able to provide the support or obtain the support So I cannot tell you of any case where a board of selectmen have demanded 53 g money from an applicant In a pe letter context, but our opinion is you have the right task for Thank you Thank you very much. I have two questions. Um, the first is to that issue of 53 g I was wondering is there a statutory cap on the amount of Of funds that that that could be procured through 53 g No, great great question an applicant Can appeal or challenge the use of 53 g money only under two circumstances One is that the consultant you seek to hire has a conflict of interest Or the consultant you seek to hire is not qualified And that appeal goes to the board of selectmen So if a if the conservation commission requires 53 g money from a developer the developer can challenge that requirement to you The board of selectmen are not precluded from 53 g money boards of selectmen throughout the commonwealth issue special permits The issue permits all the time. So the answer your short answer your question. Mr. Cura's No, there's no cap. The statute does not reference a cap. It's a reasonableness test is what we would advise Okay, thank you. And my other question concerns Um, a butter appeals you mentioned a butter appeals to the superior court I know that we had an infamous Redevelopment project here where there were two separate of butter appeals were filed one went to the superior court But one went to another jurisdiction. I want to say land court. I'm not sure where and I was wondering if that is Is the same in this situation? No No, excellent question. No, they're different. So land court and superior court are both trial courts within the commonwealth So in a butter under 40 b can appeal to the superior court or land court Under the statute that provides either But they're both considered the trial court the developer appeals to an administrative agency called the housing appeals group I understand my question is though if you have two separate of butters who file two separate appeals They can file they can file in two separate jurisdictions. They can so say to all very So if i'm in a butter, I'll file in superior court barbers. She's in the butters. She'll file in land court Doug's the developer who'll ask the court to consolidate the two So Doug won't have to fight us in two different forms But yes, it's entirely possible that a butter a goes left and a butter b goes right And it's up to the developer to force the consolidation Most courts will allow that consolidation In fact, it happens quite routinely that when one goes to superior and one goes to land court The developer will consolidate to go to land court. Okay, great. Thank you very much Yes, miss mohan I'm definitely appreciating my role and what the limits are in terms of How active a role I can participate in as a member of the board of selectmen and I did speak briefly with attorney wooden and I've spoken with attorney heim and The town manager and the chairman that For sort of the deep core questions that I have with my limited Legal background as well as political I'll direct those through the chairman To go to the town manager attorney heim or and or attorney wooden. So I'll just ask two sort of clarification procedural questions There were four areas at the hearing that oak tree had that they cited Basically the same language and of course all this will be subject to peer reviewers. I'm assuming that If I'm correct that that citation is what you're talking about for outside consultants under I think you said chapter 44 53 g So the if the developer made that statement That's their presumption that the town will have review authority and that the town will send out the project for review It's not a presumption that the developer is conceding 53 g It's just that's my sense thinking about that kind of response They assume that particularly in an area of great storm water and Hydraulic issues that it's going to go out for outside peer review or to the town's engineering consultant Whether they're they're conceding they have to pay for it is is a different question And my question would be And hopefully it's done tomorrow If the town had an unofficial Transcript of the meeting where they made statements and I'm just going by my memory. They said flooding traffic lighting ducks doc sky Regulations, and I believe the fourth was Construction Impacts in terms of pilings and boardings and things like that. Would that be something that would be Suitable to submit in terms of making our case for why the board Needs a specialized consultant and my second question to that would be I know it says in mass housing's letter that I think it's the zoning board of appeals under their Assistance program under chapter 40 b. They can get up to $10,000 in a consultant. My question is What's the difference between the two? Does one offset the other? I'm just curious what that is So I believe that's only a Apologize I just want to make sure my understanding that 40 b something assistance program is only available to the zba So the latter part is absolutely correct. It's $10,000. It's the mass housing partnership technical assistance program That $10,000 is available to cities and towns To use a pool of consultants that mass housing and mhp have approved Uh What I'd say Quite candidly is some of those consultants. I think you'd find very good and credible others of those consultants are Really a arm of the 40 b industry and we would recommend you stay away from them And that's just being quite candid with the board. I I would not feel comfortable. You hired us for a reason I would not feel comfortable working with the board of appeals with many of the consultants in that pool They're not here to help you. They're here to get the project approved And that may be what happens and that may be the best thing for arlington But I don't think you should start with the consultants Using state money that is already a built-in bias towards the outcome That money is available to the board of appeals if they choose to take it. There's no obligation And if they take it they should be able to determine who they get it shouldn't be an assigned entity That money is completely separate from the 53 g money And I can tell you based on I was one of those reviewers 15 years ago And that didn't last long Because I was providing advice that the board of appeals benefited from I think and it wasn't to the liking of mass housing partnership That expertise is typically not in the sciences or in the engineering field. It's in programmatic issues It's helping in getting to yes And frankly, I'm not sure having met your board of appeals that that's the kind of advice they need I think they're quite capable of getting to yes I think what they need like any board needs would be added technical advice and support So that was a long-winded answer that that $10,000 is separate from the 53 g Okay, and then just two kind of quick ones Um, I'm going to assume that in terms of I know in terms of any expertise that the board may seek to retain the chairman and town manager would oversee that and Present that I just would leave it to the chairman if there's anything that The chairman and tail manager need to do to offer that assistant to assistant to the zoning board of appeals To the board of health and or conservation commission in the future I'll leave it to the chairman when he's notified by the appropriate Either attorney or town manager that we need to do that. So I'm not going to go into all of those sorts of questions Just leave it in your lap. And then the third one is Perhaps a relatively easy one. I understand we have the 30 days. We're requesting an extra 60 to make it 90 I see that there's a meeting schedule for june 23rd. I think at 10 o'clock in the morning My question is twofold if they grant that Um 90 day extension Does that meeting change or is that meeting going to happen no matter what on june 23rd? Probably unless you ask for a change the change of date if that date doesn't work for the board Or for others that you want to have attend with you you can always petition for a new day That's not fixed in stone But I think if you don't ask for a change you you should assume that would be the date And and perhaps I don't get the answer to this tonight or the board doesn't unless it's Overthinking like I normally do I would anticipate that I know I would be interested in going um, I could see possibly At least a quorum of us going which means we would have to post it Um, well, I guess I would ask the question to would we have to post that as a public meeting? Or would we have to ensure that we engage in no conversations with each other? I just want to cover ourselves in terms of past experience Yes, I and then my my last question would be is there a risk or benefit? That so again, I always defer to town council our opinion site visits do not have to be posted in an abundance of caution Many towns do post them and there's nothing wrong with that So you'll see in the letter that they invite boards and bodies Because it's not it's really the state's business is the way I would interpret It's you're not actually making a decision or anything You're just accompanying on site visit the quorum of you were there as long as you didn't discuss other public business We could take certain precautions, but I wouldn't I wouldn't have qualms about it And I guess I would leave that to the chairman that if anybody from the legal side In the town manager side team Um, I would certainly like to go, but I don't want to do anything that affects the case negatively I don't know. Is there can you say More often than not? Boards of selectman city council do go to these sites visits or more often than not they don't No, I was on the board of selectmen in my town in ducksbury and no no We go to site visits and most boards do if you can you're you got busy schedules and it's in the middle of the day So if you can um, no, I I would urge you In part because you're going to provide them with some Comments that are going to be detailed and vigorous and robust and you have personal knowledge. So It's not fatal if you don't attend because you still know the site But if you can't attend because the other thing about attending a site is that you'll you'll be with the applicant Their agent will be there and You can ask questions in terms of you know, what's that resource or where's that resource boundary or What's that and that's often helpful if you haven't had the opportunity to to walk on the site because it's been private property Okay, thank you. Mr. Chairman. Sorry. I didn't mean to take Mr. Burnett any questions. Um, yes, I do. Sorry. I just um Dropped my pen there. So I'm trying to get a new one working Thanks, diane So Sorry, I'm trying to get my notes in order. Um The first I guess would be, you know, I I understand the political not regulatory Yeah, but what how does the relationship, you know, say from now moving forward between the board of select men and The zba kind of play out, you know, where they're appointing authority. Where where does that kind of relationship begin and end? So there's I can't give you a good answer to that because every town's Political relationship with its appointed members is different. Um, I can say that you're the chief elected officials and Most importantly from the developer's perspective, you control the legal budget You control the legal budget. So a developer coming into a town has to ask his or her council What's the odds of litigation in this case? And if we end up litigating how vigorous is the town going to fight and that's almost always answered by the board of select So I think that's an important consideration boards of select men who are engaged in the particular fight The developer knows that and the developer has to do the calculus Other than that, frankly, it's an all above board process. The board of appeals will never deliberate behind closed doors as long as I know dug and and we are involved and I had the opportunity to meet the board of appeals. They wouldn't do it anyways So the board of select them can attend these meetings the board of select them can speak on behalf of individuals Or on the behalf of the board and the board of appeals will listen to you Because your overarching authority is bigger picture. The board of appeal sits as an adjudicative body. It's narrow Not narrow minded, but narrow in scope. They're focused on this one parcel. You're thinking about the entire town So they will listen to you. Your role is important at the public hearings. Your role is important in the advocacy I think your role is hugely important in terms of the legislative delegation We have seen mass housing listen to the senators and the reps from cities and towns It's a political agency. We have seen them listen So I think that's very important and I think your connection to the other boards and committees in towns is very important So it's very specific to your relationship with your appointed members, but I I think it's I think it's important I think it's very important. Thank you. No that I'm very clarifying So then I appreciate your kindness on everything else. Are we what are we most probably going to get this extension on the common period? Knowing what you're talking about we're kicking around. I I think mass housing would be hard pressed to not say 60 It would be insulting. It's in the middle of the summer You got a 200 page application that in six minutes. We determined is already incorrect So one would think that mass housing would have the courtesy to the board of selectmen And if they say no, then we'll help you respond in 30 days That would be unfortunate, but again, I I think the political connections here are very important mass housing is Not agnostic they they listen to others Thank you, and um, I guess just just a couple comments. Um I I really like the 53g idea, I think that's something we should Definitely utilize moving forward and I think we also have to keep an eye on the staff of the zoning board Now particularly and you know consider after weighing Um, you know the workloads it may be expand or you know clarify that role a bit more As we move forward through this process But um on that I really appreciate you being here and thank you your helpfulness tonight I know you've done quite a bit of work on this and also all the town members. I know You you've been showing up in droves on this issue. So I'm very grateful for that as well And I think we hear everyone loud and clear. So thank you Yes, I just have one question and I think it's actually may end up being more for adam and dug Sorry, sorry dug So I got to the same place of steve and that is do we have everything we need like does the town does the Do we as a town are we are we ready for this conversation and this process and all of this? Is there anything we should or is there some of the board of select men should be doing to make it easier for you? I would say we are ready Doug has really taken the lead in working with attorney witton and attorney huggins Carol kowalski director planning who's here has been taking that lead as well director of inspection of services Also included in that mix I think we're ready We still do have to determine with attorney witton's advice whether or not at this board of select men stage We want to use that 53 g for consultants or if we want to wait till the board of appeal stage But we already have names of consultants We are prepared to execute agreements with consultants So I I I think we're ready. I don't know if you want to add anything to that The only thing I'd like to add is is that Attorney witton and attorney huggins have also been working with the zba to make sure the zba is ready And that's in my mind in many ways the most critical piece here So among you know along with carol and adam and a lot of other folks who've been working on this from the town So the zba has been working with mr. Whitton and miss huggins to make sure that they are primed in every way to have The resources that they need to have the procedures in place to evaluate This application when it comes under the fairest terms But also with the input of all the folks Who I think want to contribute and make their voices heard on this particular project Thank you. Thank you, sir Okay, so Let's focus on what we need to do tonight as we need a motion For us to send the letter to the executive director of mass housing Requesting the extension from 30 to 90 days Second for the discussion All those in favor please signify by saying I I all those opposed Okay, thank you very much. Thank you mr. Chairman. Thank you members of the board. Thank you. Thank you. Thank you. Yeah, no No, sorry, it's not a hearing on new guard. I know let you want to come on them What do you want All right, John go ahead. I bet it's on 40 b Of course, you knew once you had 40 b on your agenda tonight had show up, right? Thank you wait wait, uh, we're gonna at least need dug Yeah, just can you wait for a moment? I'm not sure whether this is a question or what but just in case Yes, uh My question is specific to our 1.5 We've got to tighten that number up. I'd say we're over the 1.5. We've had some differences We really have to sit down and go through the records. I mean i've gone all the way to the registry of deeds with us I wouldn't say we're at 1.5 if we weren't and I still see some voids in there that we can fix to make sure we're well above The 1.5 you got the right counsel here. I'll tell you Matter of fact, I think he's the guy that nominated me to chair the coalition to reform 40 b 15 years ago But anyhow, uh, you've got the right person here Take his advice follow it, please and I got to talk to you folks because we really have to tighten up that That 1.5 is the ace in the hole Okay, mr. John, I just wanted to This is something that The town's personnel is dedicated spending a lot of time and energy making sure that we've got that calculation, right? And if you have data information that you think can be useful Certainly welcome it and make sure you go through it because I do have some thoughts about some of it And my favorite expression I use when I go to a lot of other towns doing 40 b stuff Is an expression that john gave on a panel we appeared on Had to be 12 13 years ago and he said this law could only exist in countries like Korea china Etc etc etc. It's crazy and he's the hottest working guy. You're gonna find to work on it But we got we got work to do Quick I'll see what And sitting too long elsey fury I'm in immediate a butter To the emugare site as most of you probably know The last time they had a project I sued myself I'm not an attorney, but I did all my own work and everything in the father suit But my uh, so what i'm concerned about now are the the rest of the people who are not here tonight not My son peter left me a note and said it's not for people to get up and speak and I understand that But when do we have a chance to get up and speak say before the selectmen? Or even with mr. Witton in Place or something People at least a certain number of people Need to be able to be In a more official Place Here right but tonight was for us to meet Yes, I understand that and and to discuss this seat You know now finally something's been filed and that's why we're starting the process you can be assured We will be talking about this numerous times and that there will be ample opportunity to speak on As you know, there's already been a public hearing at the hearty school on it. I assume you were there Were you yes? I was right so but certainly in front of the selectmen there will be other opportunities Okay, okay It's fine. Thank you Sorry, I didn't excuse me for holding you up So To that end item number 13 For example june 23rd, I'm going to be out of town So with this board's permission what I'd like to do is appoint The vice chairman miss mahan as our liaison On this mu gar project. I will be there whenever possible as each of you will be but for example on june 23rd I cannot be there so Here if there's no objection from the board Okay, so moved and seconded all those in favor please signify by saying I And as I meant did have you finished your you did the comments from the hearty? Yes How many pages? It was only like 120, but it's all straight text. It's not I would like the what's that version you call them? The executive Just to that end and I talked to adam and attorney heim what I'm going to do is provide the two pdf files to either The town manager a town council And have them send you the direct email with the links and the explanation of what the bigger one is A smaller one just so that I know I'm overthinking it, but that you know, I'm not communicating or anything like that So I'm going to provide it to the town manager and then he'll forward it on to who matter Did you really say only 120 pages? I'm doing it from my head Yeah, Mr. Chairman. Yes. What was the june 23rd meeting again? I'm sorry. That's the site visit I believe at the new garsee with mass housing. Okay When the developer will be there along with mass housing. All right, uh, I just I'm in new york on business. I know so Okay, and when did it did that one did that date come in? I just I want to make sure that was in the letter on the desk today It was just received via email today Yes, yeah, okay Thank you, mr. Chairman. Okay All right item 14 mr. Burrin. Oh, thank you, mr. Grayley. Um A bit of discussion tonight, so I'll be brief But I do just want to thank the public memorials committee for making this recommendation also want to thank the babe ruth board of directors for Really doing quite a bit of work over the past year. I'm not only on This renaming but also on on really bringing the field up at summer street Up to par with a lot of other facilities in the area I know I've mentioned it before but I had the opportunity to play for jim roe lard For a few summers back when I was younger on the onyctin ponderats And you know, I still this day my friends and I I guess a little background So there are two teams from arlington And the onyctin ponderats and the onyctin cardinals So half my friends are on the ponderats and the other half are on the cardinals And we still have debates to this day about, you know, who was better and you know Why the ponderats were and are still a better program And so and I think a lot of that had to do with jim roe lard and the amount of time he dedicated to us He was down there all the time and you know, you talk to generations Of people who played ball in town and they've all you know have a story about him And um, I think it really is a uh worthy dedication and I hope you'll join me in supporting it Second Discussion Yes, mr. Hero. I'm very happy to support this and I also wonder do we have to ask the park and rec commission also to To join us in this I I didn't think so. No, but I believe they have already or do plan to take a vote But we can certainly I guess I didn't mention it But so we've been in talks with the board of directors for a babe ruth and they've been in touch with parks and rec throw the whole process as well Excuse me. I did ask joe come if he had a comment from the back and he said no, he didn't As long as it's a select and approved it, they didn't have to but they fully supported it right Yeah, mr. Hood Um, I just want to thank mr. Byrne for doing this and I wish I could say I had the experience Or my son had the experience for playing on the pond rats, but um, I didn't I do want to just pass along. I spoke with jim on thursday um He is so appreciative of You know, not so much the naming of the field but the amount of people that have come out like mr. Byrne and um To say such kind things about him with his current situation. I he was very appreciative I relayed over the phone the email remarks from Joe connelly and from you mr. Manager adam chapter lane And that was as big as a testimonial as everything else. Um, he's very appreciative of that He wanted to say to the board. He's very grateful For serving on park and rec commission. That was truly something that he wanted to do for so long and when that became a reality He was very excited about that and really went 150 percent, you know, similar to what he did to get Lights up on the babe roof field and things like that Um, he said maybe it was a blessing. He was not reelected to town meeting. Um in light of because He would have had to resign from that position also because he felt very strongly with working With the town manager and Joe connelly by resigning his seat and getting somewhere in there right away because he truly does feel The importance of the Actions before the park and rec commission and he doesn't want any lull or dragon that which I think we all commend him on thinking in this current time and he did say to me, you know, his goal is You know, the roblox have a big family vacation thing Sometime in august and as well as I think it may be mistaken But I thought I might have had a conversation either with the town manager or Joe connelly about Doing something in august sort of as a preliminary Recognition that hopefully Jim whether it's at a park and rec meeting or whether it's actually something on the site But I'm going to leave that to Joe and the town manager to let us know about that But he really wanted when I spoke to on thursday I'll talk to him again tomorrow. He really, you know, I won't say it got choked up He said it was he was eating his lunch. He wasn't choking up over the phone when I thought he was so Thank you So I was unclear. Do you want us to hold something while his family is here on vacation? Is that what you know? No, no, no, I'm gonna not this vacation. No, no, that's a separate thing I'm saying his goal is despite what he may be being told that he's going to be Out of hospital rehab hopefully and be around in august for a while If not longer, I did forget to mention that the the board of directors for baby with has been very active They have a facebook page already. They're already I'm getting You know former players trying to recruit a bunch of people to have some sort of Ceremony is when the time comes so keep your eyes out for that and I'll um, I'll try to follow that as well Okay So that's a motion by you mr. Burns. Yes, please seconded by mr. Mahan further discussion All those in favor please signify by saying aye. I'm glad to do it for mr. Robillon um Number 15 for approval site of the robert McMurray memorial Adam and I think dan writing swirl on this So, uh, thank you, mr. Chairman So this is an item that both the public memorials committee and the board of selectmen had favorably acted on in the past However, this is the specific site where they want to locate the memorial and a Draft of what they'd like the memorial to look like so attached for the board's review tonight Is a map put together by the yarlington bicycle club You can see it's right off the bike path near the edburn's arena And actually near what's soon to be the james roballard field a small asphalt area With with a bench and you can see where they'd like to put the proposed memorial location Uh, I've taken a look at it. My grata markers taken a look and joe connelly had as well Has as well not that there's immediate parks and rec jurisdiction, but a proximity And all parties are comfortable with the location. So with the board's final approval We'll give them the go ahead to locate, uh, the bobby mac memorial in this site Delighted That's your motion. I'm yes move support second second for the discussion All those in favor, please say the five by saying I I all those opposed. Thank you unanimous so Now we go to the appointment of our c-pac screening committee members and the position posting If you have not had a chance in terms of to read the position posting which Adam has made available to us But at this point I would like to ask as you know, each of you are to appoint one member to a screening committee It is our goal if we approve this position posting To maybe accept applications up to july 12th a july 10th july 10th Before that adam and I would meet with the screening committee to kind of Discuss process none of us know how many applications we're going to receive And after that screening committee how many they would pass on to adam and I To final interview to then pass on four or so to this board for the actual appointment Our goal is for them to first to be appointed by the first meeting in september Correct, right and then they would start to meet from that point forward So yes I apologize if you I've already been told this or I'm not gleaning it from here Just procedurally I see that we're going to have staggered terms for the committee members And I'm just not remembering who ultimately Or what entity ultimately will determine who is the one-year seat? Who are the two-year seat? Who is the three-year seat? Well, what we're recommending is that we appoint of the four We appoint one for one year Two for two years and one for three years. And who is the week that does the appointment with the board of selection? I would imagine that the chairman and I would make the recommendation of how those terms be staggered subject to the approval of the board of selection All right, if I may mr. Chairman before the board Has any conversation or discussion around this solicitation? I want to make very clear That we did a little research on what some other communities have done and we found Almost entirely this solicitation in summerville and I found it so excellent that I tweaked it and made it more a little bit more appropriate for Arlington and felt like It was great and I and I hope you know any comments, you know, we'll obviously tweak it, but I just want to Make sure that attribution is out there. So tweak not plagiarized Wait, this is not an academic this is not an academic journal. It's a public record Since he just clearly attributed it to summerville. He's not plagiarizing and he did do some tweaking. I'm sure So let's start with your appointments. Uh, mr. Burn Um, sure. I am happy to appoint um, michael baker of chester street. He's a New to town meeting. Um, I think he'll represent and I don't know who Obviously everyone else has chosen but but I would have to assume he's a bit younger Than everyone else's choices. Um, he graduated from arlington high school and oh, yeah, sorry He graduated from arlington high in 2007. I believe went on to umass amherst He's actually about to begin law school at uh, suffoc He also works in the state house as a district director And he does quite a lot of work with housing and community development And I think um, he really has the enthusiasm And um for this role and I think he looks forward to it very much Thank you very much Mrs. Mahan Um, I will be appointing no stranger. Um, george late Who has served in different capacities? He's certainly well versed um with the community preservation act and chapter 40 b as well as His previous experience in the state house I checked with him first to make sure that he Wasn't going to apply for the committee, which I was thinking maybe he would but um, no He's definitely willing in terms of his time load and union activities that um, he can commit to this screening process and looks forward to it Great. Thank you Mr. Carol. Thank you very much. I'm happy to appoint. Um, tom michelman of everett street He's also a new town meeting member. He's actually a a new resident to the town, uh, who had quite a bit of experience with the cpa in I think it was in act and he works in the field of alternative energy and I think he'll be a great, um great new voice and pair of eyes Mr. Dunn, brian rarick I'm an advocate of the cpa and someone who's well connected to review and check out a lot of names and people as we Create our first cpa committee Okay And uh, my appointment, uh And to chair this the steering committee is mr. Charlie foskett Um Also not interested. I mean he is interested in serving, but he feels these Uh, tractor servants impact because he's uh, he's part of the finance committee in capital planning He can't but he'd be honored to chair this so marie. Do you have Adam do you have enough names that addresses there in terms of if I need contacts? I can Right, so next any further discussion on that? Thank you all for doing your doing a great job as always Any to any discussion on the position posting? Any any tweaking we might like to do to it I'll I'll think you've tweaked mr. Chapter not so much on the posting but Process going forward and I don't need an answer to that tonight But I see that one of the suggested criteria criteria on whatever Is to familiarize yourself with chapter 44 b and I'd just be Interested in when the chairman and town manager do move forward with the interviews How you're I'd be interested in how you're going to sort of glean You know what prompts you'll use and what you're expecting to hear back in terms of Is it a question that's going to be posed? Yes. I read it. I know it or if it's going to be I'm assuming it might be something a little more in depth I think we would ask someone describe their interest in knowledge of chapter 44 b And then based on their answer see what depth of knowledge they actually have about the statue Okay, that was the only thing Thank you. But to that end I welcome from any of my colleagues any questions you would like asked And indeed I support you having an opportunity to ask Whatever questions you would like of these candidates before final approval mr. Dunn third paragraph fourth line Selectment and town manager are Third paragraph fourth line Ah, wow nice catch. Oh, yeah For this for I'm currently looking to fill the form that must have came from son of a Yeah Okay, mr. Curell I was just wondering if we If it would be advisable to state somewhere here That this does not actually come into effect until the attorney general has approved the action of town meetings So that So So, yeah, I mean we we could definitely put a put a line in that the actual appointments won't Be made until that point in time, but in terms of reference town meetings action, but we don't reference I don't know. It's not it just I just don't feel the need to personally. I don't feel the need to worry about that for this purpose You know the worst-case scenario is that the that the Town the attorney general rejects our Our item in which case we can't actually appoint these people in case Disappointing them will be the least of our concerns. I'm just I'm just saying If you know they probably don't want to be sworn in until after we've had everything. Yeah Excuse me, sorry, maybe it's picked to you No, I mean I agree. We've talked about that all along that that needs to be understood by candidates, but We just don't have any doubt that this is going to be improved approved since it has been in so many other What if I added in perenn's mr. Chairman, excuse me second paragraph one two three four fifth line after meeting subject Attorney general approval or something of that nature Well that the term will begin the term to begin once Well, so I already say that the final approval is expected to occur at the board's meeting first meeting in september So it's already stated when it's going to happen. Okay Not too worried about it Okay, anything else? I Do I have a motion? So move second second all those in favor, please say them five by saying I all those opposed Thank you all for your work and now for discussion a master plan implementation committee Is that adam and carol? I just thought I saw carol john I've had a thought by mine knowing uh, you're going to have a screening committee And you people placed some real valuable people in the screening committee The thought that crosses my mind as cpc Is going to involve the entire town The board that the screening committee appoints I would like to see it diversified so that there is representation in all sections of the town Because you know as as you all know the cpc was pretty much driven Down this and you didn't hear too much from up on my end because people said oh, it's a cpc But I'm saying you know somewhere along the way you're going to get involvement And you really should have representation cross section. We're only five square miles. We ought to be able to get a committee That's got a piece. You know, there's nine appointments in total. We're just talking about the four at large But yes, I hear you that that would be something just something I would be interested in what's the geographic disbursement of these And I can put my applicant up Yes in the solicitation documented the board just approved Under the section that says in addition the goal of the board of selection is to create a balanced committee That includes members who come from diverse demographic backgrounds and represent all geographic areas of the town So the board's making a stated commitment to that goal That didn't come from some of that I remember I think I remember saying to myself So who wants to speak about the master plan? I'll take a shot and then happily turn to carol ferny Further information she wants to provide so A lot of great work done in informing the master plan years of great work informing the master plan But perhaps the most important work is actually implementing the master plan So to oversee that the redevelopment board at the recommendation of carol kowalski director of planning and community development Are moving forward with forming what's before you the master plan implementation committee I wanted to advise you of this inform you about it You can see the description that's before you and also let you know that the appointment of two at large members Much like a number of appointments in town will be Recommendations that I make to the board for approval offer service on the committee So you can see we have a cross-section of both Town employees myself and the director of inspectional services someone from the redevelopment board Some continuity coming over from the master plan advisory committee From our legislative body town meeting as well as Connections to the finance committee and cpa. So we think we've got a pretty well rounded committee formation here Not going to be a committee that meets extremely regularly most likely quarterly We'll report to the ARB and the board of selectmen annually on Progress made in meeting the the implementation plan on the goals of the master plan. So And also not a forever committee The goal would be to have this committee live for five years. And then if it's useful life is still You know looking to be needed Extended for another five years, but not something that we see going on in perpetuity But actually working to see that the master plan is implemented So not even necessarily asking for board's action tonight, but wanted to make the board aware of this in open session Get any feedback you had and Basically go from there Yes, mr. Dunn, uh, I approve. I'm delighted to support the creation of this committee in its mission It's a I'm wondering just if there's anything we should think about by law wise about whether or not it's a committee of the ARB Or a committee of the select one or a committee of town meeting or Which obviously is problematic if the town meeting isn't in session But uh, is there any sense of like where this would come from? Or I think so my sense would be this is a committee of the ARB being the planning board. Yep I think that's I think that's probably the right inch or two. Maybe I just didn't read it as clearly Yeah, maybe that should be the first line actually is I think that's a good good suggestion What's the difference between four and five? There is no difference, right? So just should be two ARB appointees Right, correct. All right, okay Yep, yeah, miss ma'am just sort of an inherent question, but we'll we um, I see that you you have in here that the dpw director Mr. Radamaka will not serve on the committee as an acting committee member, but will be available To the committee quarterly Etc Am I correct to assume or do you feel that mr. Radamaka is able to wear all hats? I know we had the newly recently created facilities director position Um Is do you see that person he or she interfacing with this committee or do you think mr. Radamaka? Will be the appropriate person. I do see the facilities director interfacing with this committee. Okay, so that's covered under dpw director report, but when he Or you designate that facilities director needs to be available. That's the mechanism. It doesn't need to be stated Yeah, you know, so we sort we had an internal debate about whether or not the dpw director should actually be on the committee And where we came down on it is that there's not necessarily Enough direct impact on things that the dpw director is responsible for there's certainly a lot But it's you know dpw director doesn't really get involved in zoning and a lot of the longer term Goals for zoning and then visioning for build out of the public and private part of the community So moving on from there. There's certainly a facilities section So I guess we didn't feel like calling it out was absolutely necessary, but I know you don't have to call it out I just and I don't think any of this should be considered to be exclusionary You know should health and human services director or or any other director You know need to be called upon for their guidance or input would certainly do that I only ask where it's a new position I want to make sure i'm not clarifying in my head as a different position It just seems like a natural fit that that person may interface at some point Okay, so you don't need any Whatever whatever action the board would you oversee? I should have a question. Oh, sorry, mr. Becker When is this going to be up and running? So we're going to get it posted This week right cow So the only member that would sort of lag is the cpa committee member. So once that Cpa committee is appointed then they'll have to then designate someone to serve on this committee One busy person Okay, thank you. Thanks, mr. Chairman. Okay Who moved receipt and seconded second second third of discussion Carol you're happy back there nothing You should you should be you've done a great job. All those in favor, please signify by saying aye Item number 18 Mr. Chapter Lane. Thank you, mr. Chairman. This is an item where I'm asking the approval of the board of selectmen to provide Tuition for me to attend a course this summer at harvard on executive education for sustainability leadership It's a course actually that our energy manager attended last year And highly recommended to me and as I outlined in my memo to the board I think the board knows of my very sincere and passionate interest about sustainability issues And I think this course would be a great opportunity for me, but also an opportunity for me to bring back You know what I can learn there to this organization to sort of not to sort of to expand the sustainability Initiatives that we have within the organization. So I respectfully request the board's consideration approval second Should we should we ask for a presentation from him afterwards? Can you direct that Steve? Okay, uh, so moved and seconded all those in favor, please signify by saying aye Good for you and good for all thank you very much So, uh, correspondence we see we'll proceed as our second Discussion All those in favor, please say the five by saying aye. I will oppose the business marie Nothing to add Except hurt everybody knows for the allington why we need food Which I'll talk to mr. David. Yeah You need food what permits emerge. Oh, oh, yes. Okay. Yeah And marie we don't have a july date. Do we yet for the board? Do we set dates for july in august? I think it's yeah, we did. Okay. If we did. I just I think it's the night day because the night date Is the I believe it's the 13th. Let me check though july 13th july 13th. Yeah Didn't you just sign up for that course that week seven seven through ten seven to ten. All right Come on. See, I know the days in So, but we've got two meetings before that we've got june 27 First it's a saturday Our school setting meeting so we've got june, we've got june 29. No, I understand. I know the june meetings. Okay I wasn't sure about the july. Okay. All right, mr. Hyme. No business. I just want to note that as The process continues with respect to 40 b issues I'll make sure to keep the chairman and members of the board advised of development so that we can determine whether or not Anything needs to be addressed in the scheduling confines of the summer schedule. Thank you Thank you Mr. Chaplain Are you going to mention rotary mr. Chairman or would you like me to know you go ahead? So my only new business is tomorrow night is the annual Arlington rotary clubs paul harris dinner And our featured keynote speaker for which I know all attendees are waiting with baited breath is the chairman Kevin grilly to address rotary tomorrow night And also of note amongst some other award recipients Charlie fosk it will be honored by rotary for his service to the community and I learned today that i'll be Introducing him. So it'll be a nice night for our linkedin with the chairman addressing the crowd and also Charlie fosk it being honored. I was thinking of starting drinking around two two thirty Actually, this is true now A study was done that for those who are nervous about public speaking To have one drink of alcohol before a speech is actually more just one. There's the emphasis Right, it's more helpful than taking a drug like xanac or something. So just so you know I was just wondering mr. Chairman through through you and and who will be installed tomorrow night as the president of the rotary club That would be me also tomorrow night Whoa, whoa, I was announced as keynote speaker where the hell is Now you know why i'm there as keynote speaker because of adam i'm sure steve new business buddy Just that I had a great time at the greek fest this weekend as a Aptlin street resident we um walked down there several times and um ate and listened to some music and it was a real blast And um, I feel like it's been a while since our last meeting So I can't really think about what else is going on since then but that's it for me Were they parking all the way up to your house for the they certainly were but thankfully I walked Yeah Two things I'll start off with light and then do heavy This Saturday is the first cow wash for the ollington high school varsity cheerleaders It's really one of their main fundraisers and I do want to say Every saturday from now on there'll be ollington high sports team out there lacrosse crew A football so um any saturday In some people Some go till two we go till two some go till three but you know Depending on you know the end time is um in terms of the different Groups and clubs so anybody in ollington if you want to donate money I know this probably about 12 15 people that we have that won't let us watch their cars But they give us the money. They usually have really nice cars when they come down There's a lot of pollen on the car Exactly, but I'm if anybody wants to contribute any saturday to any of the high school sports groups You're going to find them there every single saturday until the end of the summer and then The second point and I did have a brief conversation with the town manager and I guess I would sort of Turn it over to him to For some brief Remarks first I wanted to commend the ollington police department In light of the recent shooting that we had And I happened to be in the neighborhood I stayed away from the scene because I know people the professionals were there and we were doing what they were supposed to do But I was really impressed with um from the chief on down in terms of how rapidly and appropriately Our officers responded to the situation and I did call Officer hogan today because I did read a canine officer was the officer that found the alleged Gun used in the assault and it was our own dusty that Picked up the hit on that and I was very proud and the other thing before I posed the Sort of more serious question to the town manager I know and I believe the chief relate to all of us But I've heard from so many of the officers and personnel down there on site They were really truly impressed that you came out 11 o'clock 12 midnight and you were down there on the scene and Played an appropriate role, but was out there. I mean it really does great things for morrell um and again I commend you and your wife and family for it's not required that you live in ollington But I think it's really just another statement of commitment that you do do that And that's one of the times that we do benefit from it, but um it really I heard from so many officers that they just were like Wow, the town you know the town manager came but um to the serious point of that um I have heard from some residents down there. We did this about 20 25 years ago where we had Uh three sexual assaults on women down in that area and it sort of stemmed from the same activity One of the things we did was we got the don marquee and myself and others and the bend board got the Teed the state to put up a light But one of the other things and I'd like to ask the manager if he feels comfortable speaking to it Is that we did go down to the um basically people who were congregating down there and it was really growing into a Very large site including um Perhaps other people coming in that Somehow, you know that gave them an advantageous position So what we did was went down spoke with them But I'm not I know I'm not doing it artfully but a lot of people have said to me They're aware of that area and the alleged activity. Do you have any plans? I do and thank you for your prior comments and thank you for the prompt So chief Ryan actually reached out to me today and he's cooperating with health and human services And I actually learned even subsequently that they're cooperating with the city of cambridge On going down with our police social worker rebecca wolf also some resources from health and human services To reach out to the homeless people that are congregating in that area Let them know that we are going to be removing their items that have been collected there Give them a number of days notice and then arrange for dpw to come down and remove the items But in the meantime try to provide them with referrals to resources For either homeless shelters housing treatment, whatever it might be that they need And we did learn that there there are some folks in our linkedin But also maybe even more across the border in cambridge So it seems to be a little bit of a border border problem. So we are Again going to cooperate with cambridge and we're trying to take a you know a humanized approach to this And understand that no one wants to be living there and that there's something that's happened in their life That's that's led to them being there, but also understanding that for a general feeling of public safety It's not an appropriate area for For them to be themselves in storing their belongings And just one other comment that I heard from the residents down in that area And I don't know if it's appropriate that we could do with this but Four or five different gentlemen had said to me Besides, you know, giving them 10 20 day notice, whatever and dpw goes in Is there anything we can do to the vegetation in terms of trimming it back And or some couple gentlemen said maybe putting down some mulch Basically what they were trying to say was you know in terms of When you have to walk through there if it's not as conducive that it's an area that You have to be concerned about because it's not totally visible, you know what I'm saying I'm not saying we can do that but Quite three or four gentlemen mentioned it to me today I think mass dot owns that property so we could ask them about that Well, if you think it's appropriate see what the chief and everybody else says they were just saying, you know Make it so that everybody has a visual cue And you know Sorry, thank you. That's it. Mr. Chairman. Okay. Mr. Hero No, no business. Mr. Dunn nothing Thank you that what diane just talked about was also what I was going to bring up but No, that's thank you And to those of you that might commit crime in this town I hope you're noticing what an excellent job adam fred ryan's department does in terms of the apprehension both of those Well, the two victims of course handled by our Excellent first responders And the two suspects are in custody And and shortly thereafter as has has been the case In other unfortunate incidents in this town. So We can be very very proud of that police department the fire department and adam's leadership both Motion to adjourn Sorry, I forgot one thing under new business. That's okay. Motion to adjourn No, that's no steve. I think it's important that we Congratulate arlington high and arlington catholic seniors who both graduated since our last meeting They had a graduation on saturday and I know um, there's been quite a few graduation parties And I just think that they deserve the recognition at uh here tonight My son graduated from matin on and the big thing of all of the senior parties Is the bounce houses? What I used to take my three and four year old son and daughter to But the kids the seniors love it I'm waiting you to my invitation On the 21st of june And the girls that were in there all right motion to adjourn Is there a second second all those in favor please say defy by saying I I all those opposed Next meeting of the board of selecting june 29. Good night arlington