 Good evening. We're calling to order the meeting on the Arlington Select Board from Monday, March 15, 2021. As a preliminary matter, this is John Hurd, Select Board Chair, permit me to confirm that all members and persons anticipated on the agenda are present and can hear me. Members, when I call your name, please respond in the affirmative. Diane Mahan? Yes, thank you. Steve DeCorsi? Yes. Len Diggins? Yes. Dan Dunn? Yes. When I call your name, please respond in the affirmative. Adam Chapelling? Yes. Doug Heim? Yes. And Board Administrator Ashley Maher is participating remotely. Good evening. This open meeting of the Arlington Select Board is being conducted remotely consistent with Governor Baker's executive order of March 12, 2020, due to the current state of emergency in the Commonwealth, given the outbreak of the novel coronavirus. In order to mitigate the transmission of the virus and reduce risk of COVID-19 illness, we have been advised and directed by the Commonwealth to suspend public gatherings. And as such, the governor's order suspends the requirement of the open meeting law to have all meetings in a publicly accessible physical location. Further, all members of public bodies are allowed and encouraged to participate remotely. The order which you can find posted with the agenda materials for this meeting allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Ensuring public access does not ensure public participation in such participation is required by law. This meeting will not feature public comment. Please note that this meeting is being recorded and that some attendees are participating by video conference accordingly, please be aware that other folks may be able to see you and take care not to screen share your computer. Anything that you broadcast may be captured by the recording. Please also take care to adjust your screen or device name if you would like to speak in order for us to recognize speakers appropriately and develop accurate minutes is helpful for participants to see your full first and last name when calling upon you rather than a nickname. All the materials for this meeting except any executive session materials are available on novice agenda dashboard and we recommend the members in the public follow along as posted on novice unless the chair knows otherwise. We are now turning to the first item on our agenda before do so permit me to cover some ground rules for effective and clear conduct of our business to ensure accurate meeting minutes. Please remember to use each speaker on the agenda. After they conclude their remarks the chair will go down the line of members inviting each by name to provide any comment question or motions. Please hold into your name is called. Further please remember to mute your phone or computer when you're not speaking. Please remember to speak clearly in a way that helps generate accurate minutes. In response please wait until the chair yields the floor to you and state your name for speaking. If members wish to engage in colloquy with other members please do so through the chair taking care to identify yourself. This meeting will feature opportunities. This will feed will not feature opportunities for public comments. Each vote tonight will be taken by roll call votes. And that takes us to the one item that we have on the agenda tonight. So we added this meeting and this agenda item in response to a letter from Stephanie Kiefer that was sent just after our last meeting when we discussed. We had a presentation on the mute our project that Mr. Of course he gave us with just in regards to the substantial change to the project since the original project approval. Right after that we got a that there was a letter that was issued which triggered a timeframe for us to respond, which we have now a letter from that attorney Heim drafted that now been hosted on the novice agenda if you've had a chance to look at it. So I'll turn to attorney Heim just for any additional comments regarding the timeframe and what we need to do to respond to mass housing at this point. Thank you, Mr. Chair. The sum of what is before the board is it's opportunity to comment on the revised proposal submitted by the applicant in the Thorndike place project with respect to project eligibility only. As folks may or may not recall the first step in most 40 bees is for the eventual applicant to secure funding from an agency like mass housing. Mass housing engages in a process by which they assess project eligibility and site approval. This board provided substantial feedback more substantial feedback than is ordinarily the case in the form of two comprehensive letters outlining the many many concerns that this board members of the community and other boards and commissions and on had had about putting a project on that specific site. Mass housing rented project approval anyway. However, their project approval or their site approval slash project eligibility noted a great many features of the project that they found, essentially to be responsive to community concerns as well as their way of examining what their site is appropriate. The revised proposal now before the ZBA substantively changes a lot of aspects of the project. For the public's education, let me know that a lot of those changes are made. Not extensively because they're responding to different pieces of feedback in the 40 be hearing process before the ZBA. However, as this board previously discussed, especially with Mr. Decorsi presentation. All of those changes have whether they're intended or unintended impacts on specific pieces that were germane to project eligibility. I've tried to capture those comments from a number of conversations this board has had the board's original concerns as articulated all the way back in 2015 2016. I'm going to piece them together into a fairly tight letter and 11 page letters are never really that tight, but I focused on two main aspects of the board's feedback to mass housing that are affected by the revised proposal before the ZBA. With that, I think the letter speaks for itself I hope that it accurately encapsulates what you folks have been saying at your meetings. I did get a little bit of additional feedback I made a few corrections to the letter that was posted on Novus some things like, you know, a few typos here and there, as well as one or two, just, you know words with pieces that I got a little feedback from members of the board on but so they don't have to all be discussed to me. But with that I'll take any questions and of course any feedback. Mass housing is 15 days to respond to a notice of project revision, which is why it's so important for us to have this meeting now the applicant sent their letter in on March 8. I mean, this is not all of you got it right away, or at least a full version of it right away. So we want to try to get this letter in I had previously transmitted a letter on behalf of the chair of the board, saying please don't make a decision on this. Before you get substantive feedback from the slight board the opening law requires them to convene a meeting with at least 48 hours. All right, and we'll turn to the board we do have the letter here just for any comments motions in any revisions that the board might have. This is my hand. Thank you, Mr. Chair. And thank you attorney Heim and Mr. to horsey for getting us to this point. My question is predicated on that. My colleagues. We just love the project in terms of the initial. Diane we lost you there. If you want to just repeat the question. Okay, it says I'm unstable. Am I still unstable. We can hear you now. Okay, sorry. Say quickly. Thank you attorney Heim and Mr. to coursey for engaging us in this process. From what I'm getting from what we received is that the board is petitioning hard that this is a change in the scope of the project. Therefore, Oak tree. New gar needs to stop from the beginning and go from that process with HUD. I understand we have a slim chance versus no chance that will prevail on that. But if two questions if we don't prevail. Is it a done deal and they get to move to the next step or do we have something else that we on behalf of the town can engage in. And if it's a no go and they get to move, you know, go directly to jail collect $200 is the next step concom conservation commission. So, what we're asking for what you're asking is for them to make two determinations one that the changes are substantial that these aren't minor changes that are within the scope of what they approve for project eligibility inside approval purposes. And number two, that after finding those changes are substantial that they either say that the project as proposed is so far out of scope of project eligibility. That we're revoking eligibility, or alternatively that the project needs to be redesigned in a way that is within eligibility so there's a lot of branches that could go off of that ladder option. So if they decide that it's not within the scope of eligibility. Yes, essentially they applicant would have to consider their options for are we going to start over, are we going to propose to the ZBA the original project and just let the chips fall where they may with respect to conditions. So, so the most likely outcomes, if we're granted the relief that we're asking for are that the applicant would either have to re dramatically revise their current proposal before the ZBA, or they would have to start from scratch. So with respect to your, what are the other steps the board can take at this point, there's nothing else for the board to do the board will have done everything that it possibly could have within the scope of its jurisdiction. However, I just want to remind mostly folks that who might be watching, like they know all the board members know this, the ZBA essentially has three options, they can approve a project on the same terms as the applicants proposing the revised proposal, they can approve with additional conditions, or they can deny a project. If they deny a project. That matter would almost certainly get appeal to the HAC. One of the problems with denial is that it, it divests the butters of their right to appeal. But there would be some litigation of the basis of denial. And there could be an appeal from the HAC, and this board would be in a position to obviously support the ZBAs continued litigation of the matter, or not support the litigation matter. It also may be in a place with a denial or an approval with conditions that the developer does not agree to, where it might have a more direct and central role in terms of negotiating some different outcomes. But if approval with conditions and the applicant doesn't agree to those conditions, it will be essential for this board, as this board has talked about for years to support that ZBA decision, and be willing to back it up with both resources and political commitment to continue the litigation of that matter. The concom is, and is definitely an eventual step, Mrs. Mahan, but it is, it is potentially many years away if there is a litigation of the underlying decision. I hope that answers your question. Yes, thank you. Thank you, Mr. Chair. Thank you, Mr. Chairman. First of all, I'd like to move to authorize the chair to send this letter as proposed with edits, final edits between the chair and attorney Heim tomorrow. And just a couple of comments. First of all, I want to thank attorney Heim. This really had to be done quickly because, as he said at the beginning, this letter was sent to mass housing on March 8th by email. That's when the 15 day clock started. We were copied by regular mail. So had we gotten a letter by email on March 8th, we may have been able to at least address it or get going on it on the eighth. We were able to get all these things behind and disappointed, frankly, that we weren't included by email. Because when the letter goes out to the agency by email, all the CC should be emailed to, in my opinion. So we, we were at a disadvantage attorney Heim really worked hard. I can attest to it because I've talked to him several times over the past few days, getting this draft in really good form. Thank you, Mr. Chairman for your leadership and calling the meeting tonight, the emergency meeting and allowing us to talk this over again and to get these comments out. And again, this follows from our discussion on March 1, we're basically at the end of the presentation that I made. I said that the revised proposal conflicts with both the original project eligibility letter in the contents of the comprehensive permit application that the developer submitted to the ZBA and so because it's back to a project eligibility phase. We do have a role in this where we're addressing the issues on the removal of the transit with we're calling the transition zone, which is the removal of the townhouses and bringing that 172 unit apartment building right up on to Dorothy Road, which is completely inconsistent with all the concerns that mass housing had. I went through it before I'm just happy that we're able to get this done in short order and hopefully get it out tomorrow. And again, thank you for everybody for for coming back here tonight to talk about this. Thank you, Mr. Dickens. Thank you, Mr. Chair. I support this being anything I say would be repetitive to what has been said either tonight or in previous meetings so I'm not going to belabor it and just say I appreciate everything that's been done here and I will be voting for it. Thank you. Thank you, Mr. President. I'll second it, but there wasn't a formal second that I missed. And I thank everyone for everyone. Mr. Corsi for his eloquent speech last week. Mr. Heim for all of his work. Thank you Mr. Herd for putting it on the agenda. I think the letter is very clear that the removal of the town homes imposes a proposed building that is entirely inappropriate for the neighborhood, and the travel is really the egress is just totally insufficient for the number of units that they're talking about so full approval and I hope that the letter is heated well. Thank you. And yep, I agree with all these sentiments of the board and everything is contained in the letter. I want to thank Mr. Corsi for all his comments and in his effort on this and especially thank attorney Heim because it's been mentioned but he turned this out very quickly because of our schedules we weren't able to connect until mid to later in the week and we received the first draft of this I think at 9pm on Friday night. So that was, you know, a really incredible effort to get this together for us in a quick turnaround so thank you for that. So without any further comments we have a motion for approval seconded by Mr. Dunn, attorney Heim. This is Mohan. Yes, thank you. Mr. Corsi. Yes. Mr. Diggins. Yes. Mr. Dunn. Yes. Mr. Heard. Yes. It's unanimous vote. And thank you all for taking the time to look at this on the weekend and give me any individual feedback that you had. I very much appreciate it. Given that there has been no substantial changes we'll clean up based on the comments that attorney Heim's received from individual members and get this signed and out tomorrow morning by email. Right. With that. Mr. Chairman. Yes. Yeah. Just one other thing under the MuGuard discussion. I don't know if you were going to move on to new business or move on to that other issue. Okay. Thank you very much. And again this is under the MuGuard discussion. When we back in January we authorized you and the town manager to send a letter to the MuGuard family to request a meeting to talk about the trash issues and develop a plan at the property. And that letter went out on February 8th. The town manager followed up on that letter by contacting MuGuard enterprises and he never received a response, never received an acknowledgement from them. I also want to point out that at the ZBA meeting last week there was a Mr. McKinnon from Little John Street and I think he's on the meeting tonight asked the developer's attorney what the property owner had done over the years as to contribute to upkeep of the property or to maintain the property. And the attorney couldn't answer the response as well. We're proposing something going forward if the town takes the property off our hands. Given that and given what I view was a major disappointment that the town manager of our town sends a letter and he can't even get a call back. I think it's time to start talking about next steps vis-a-vis the immediate trash issue and the plan there. And I would ask the manager to, and I know he already is doing this, but to start implementing plans, whether it's done administratively or needs to come back to the board. So I want to raise that issue because it's, it has come to light again. And over the past several days there has been a number of emails that the manager and I have received from neighbors who are concerned about the, continue to be concerned about the issues there and I think it's time to take next steps. Thank you. I appreciate you bringing that up. I did speak over the weekend with the director. Some of the homeless coalition who has periodically been cleaning up the property, but the trash is still there. So it's something that we do need to take care of. Mr. Chaplin, do you have anything to add to what Mr. Corsi had mentioned? Only that me and Mr. DeCorsi have been talking over the past several days. We'll be following up both with Mr. DeCorsi internally in terms of our next steps as well as with the neighborhood about both acting either with or without them you are to attempt to provide a better cleanup for the property. Any members of the board have any additional comments on the trash issue? I fully supported so thanks. All right. That will turn to new business. I know how that got snuck on there. Sharni Han. One very small piece of new business. I want the board to look forward to a discussion of where we are with respect to what we talked about in the executive session a number of weeks ago with respect to pending litigation matter. Thank you. Thank you. Thank you. So Deputy Town Council Mike Cunningham is working very, very diligently on behalf of the town to address something that is common concern in the town that we affirmatively prosecute our rights relative to contractual matters. So I want to let the board know that we'll come back to the next meeting with a substantive update in executive session. Thank you. Thank you. Mr. Chaplin. I'm sure folks watching at home have started to see in the news that the federal stimulus bill has passed. And it appears as though Arlington will be the recipient of approximately $36 million in federal aid coming from that federal stimulus bill. We're only aware of the broad categories under which those amounts can be spent and we're waiting for the regulations from the Department of the Treasury at the federal level to help us better understand how we can utilize those funds. I think it's in, it's very good news. I think it will provide, it will provide as an opportunity to hopefully provide a long lasting benefit to people across Arlington, given that a large amount of money and we'll have to be very careful to not spend it more quickly than will be appropriate so there'll be many more discussions on that stimulus bill to come as we learn more about the regulations but I did think it was important to share with the board and the public tonight of that news. Thank you. Thank you, Mr. Chaplin. Mrs. Mahan. Thank you, Mr. Chair, sort of carrying piggybacking on what the town manager said. Yes, it's good news for Arlington and apparent $36 million influx. We do need a little bit more money, but we can spend those monies on in the short term. COVID-19 relief towards citizens, small businesses. And some have said schools, although it's my understanding that also under COVID-19 relief funds, the schools also will be receiving some of this numbers, number to be determined, but perhaps similar. That I just want to make sure that this $36 million allocation from the federal government doesn't mean we necessarily have to spend $36 million next year and I agree with the town manager and have had conversations with the town manager, the chairman of long range planning, Mr. Decorsi and Charlie Foskett, as recently as today to make sure that we address the short term COVID-19 townside relief implications and make sure we use the money for that, but that we also have a long range plan, oh my gosh, long range plan for the remaining monies to see Arlington through into the future and hopefully remediating or mitigating any future overrides whether they start in 2023, 2024 or beyond that. So thank you to long range chairman, Mr. Decorsi and the town manager and that's all I have to say. Mr. Dunn. No new business. Thank you. Mr. Jenkins. No new business, but I'm getting a feeling we're going to be meeting in the 24th. Thank you. Mr. Corsi. Thank you, Mr. Chairman. Yeah, I just want to thank all of the workers from the town who are at the COVID vaccination clinic last week I took my mother. For her second shot and I was truly proud to be an Arlington resident and just very thankful for all the work. And all the care that went into that programming from Christine Bonjono, Health and Human Services, Arlington Police Department. Mr. Chunglow, the veteran services director was checking people in our own Ashley Meyer was there. Helping out Mr. Francisco was there. Chief Kelly was handing out masks to people who are waiting their 15 minutes and it was just a fantastic atmosphere. Very, very calm, very well organized and I really particularly for that age group we've talked about it over and over again that the local sites are the best sites for the vaccinations be because of the way things can be set up and the comfort level that people have, you know, being in their own community or nearby community and I also want to recognize Bob Bartholomew, who, as people were leaving, if they were from Arlington, he'd ask them what year they graduated and then would proceed to write a lot of five or six names, no matter what the year was. So, you know, like a high historian, Bob Bartholomew was that just kept it off for me. And so I want to recognize everybody there and them and just really an outstanding program that they're running there. Thank you. And I did also just want to mention the vaccination program and specifically I did receive a letter from the chair of the Arlington Housing Authority, Nick Petropoulos, that was sent to me to thank all of our town departments for really really successful vaccination program, particularly the Board of Health and the fire department and all involved. So, thank you for a very well run project program and we're almost there. All right, with that, we'll take a motion to adjourn. Motion to adjourn. Second. Mrs. Mohan. Yes, thank you. Mr. DeCorsi. Yes. Mr. Diggins. Yes. Mr. Dime. Yes. Mr. Hurd. Yes. Mr. Adams folk. Thank you. Any folks. Thank you. So long guys. Take care. Thanks. Bye-bye.