 to order the meeting of the Ellington Select Board for Wednesday, May 26th, 2021. As a preliminary matter, this is the Select Board Chair, Steve DeCorsi. Permit me to confirm that all members and persons anticipated on the agenda are present and can hear me. Members, when I call your name, please respond in the affirmative. Diane Mahon. Yes, thank you. John Hurd. Yes. Len Diggins. Yes. Eric Helmuth. Yes. Staff, when I call your name, please respond in the affirmative. Adam Chapter Lane. Yes, sorry. Doug Time. Yes. And Board Administrator Ashley Maher is participating remotely. Tonight's meeting of the Ellington Select Board is being conducted remotely consistent with Governor Baker's executive order of March 12th, 2020, which encourages and allows open meetings of state agencies and local governments to be conducted remotely in order to mitigate transmission of COVID-19 virus. The governor's order, which you can find posted with agenda materials on the town's website for this meeting, allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Before we begin, permit me to offer a few notes. First, this meeting is being conducted via Zoom, is being recorded and is also being simultaneously broadcast on ACMI. Persons wishing to join the meeting by Zoom may find information on how to do so on the town's website. Persons participating by Zoom are reminded that they may be visible to others and that if you wish to participate, you are asked to provide your full name in the interest of developing a record of the meeting. Further, all participants are advised that people may be listening who do not provide comment and those persons are not required to identify themselves. Both Zoom participants and persons watching on ACMI can follow the posted agenda materials also found on the town's website using the Novus agenda platform. And finally, each vote tonight will be taken by roll call. I'll now turn to the first item on the agenda, which is item two for approval, Arlington Soapbox Derby Local Race June 12th, 2021. Joseph Barr race director, is Mr. Barr with us? All right, he should be joining us right now. Good evening, Mr. Barr. Good evening, sorry, I was just going through the Zoom restart. Oh, no problem. Yeah, so we have the cover letter that you sent but if you could tell us a little bit about the event before we have questions in a vote. Sure. So first of all, thank you to our board members for considering our application and thank you to town staff for their help so far in all the requests and particularly in the midst of COVID being flexible even prior to the recent announcement of relaxation of the requirements in helping us move forward with this. And I also apologize if you have any trouble with hearing me because my internet is telling me it's unstable as it normally does. So in any case, the Arlington Soapbox Derby is an event that's been happening on Eastern Avenue between the Bracket School and Robbins Farm Park for over a dozen years other than last year canceled the race due to COVID. I will mention that the town manager had actually expressed the willingness to try to work with us last year to try to host the race but in the end the world championships in Akron were canceled in any case. So we decided there really wasn't much point in us trying to run a race if the winners weren't gonna be able to move on to the world championships but I do wanna say that I appreciate the town manager for being willing to entertain that conversation in the midst of a global. So I just wanted to mention that. But in any case, the Soapbox Derby has been around since the mid 1930s. It's a gravity powered racing that is enjoyed by kids between the age of seven and well, 21 shouldn't call them kids when they're 21 but students in those age ranges who race down the hill again in Arlington along Eastern Avenue and the winner in each of the three divisions gets to go to the world championships in Akron, Ohio in July. My son was the winner of his division and he is also in the chat or in the sorry in the participant in this listening in. We have a perhaps have a couple of other board members who are listening in as well. So it's a great fun event. I think it's very obviously kid focused and one of the things I'll say I love about Soapbox Derby is it's an opportunity for parents and to do a sport or an activity like this together because you wind up spending a lot of time both building the car and racing the car. It's a great STEM activity. It allows kids to build not just sort of the STEM knowledge but also get a hand in tuning their car as well as having the fun experience of racing it both here and potentially in Akron. So I won't go on too much of length. I could soul and fill a buster on Soapbox Derby all day long but it's a great event. Like I said, I think it's been pretty popular in the town. We've met with DPW staff as well as staff from the police department and you know, they've kind of the plan is pretty well set from previous years. And so they see no issues with doing it this year. Again, prior to the announcement for the governor about relaxing emergency requirements we had also spoken directly or emailed directly with the health department and they had an recovery protocols are in place at the time with the event happening this year. Despite the fact that those emergency restrictions are being lift emergency will be still technically be an effect on the date of the race. We still do in people to physically distance as much as possible. People want to wear a mask. We'll obviously encourage that as well. We'll have hand sanitizer, et cetera. So we do want to still retain a commitment to keeping the race as safe as possible. But obviously we don't have to strictly comply as we would have prior to, I guess, this Saturday. I guess the only other thing I was going to mention is that last night the Parks and Recreation Commission listened to for the park fact that we have people setting up along the edge of rob race and they approved that permit obviously subject to the select board acting favorably on this request as well. So with that, I'll quit talking and happy to answer any questions or expand on anything I just said. But obviously, again, thank you for hearing our request and hopefully you'll act favorably on it this evening. I will turn it over to the board now for questions and comments. Mrs. Mahan. Thank you, Mr. Chair. I'd like to move over. Mr. Heard. Thank you. I'll second that. I always like when this one comes before us. It's an exciting event in town. What's the age restriction or the age range for participants? So kids as young as seven can participate. And technically, although we don't have anyone currently racing, because that all that goes all the way up to 21. I'll just say there's three different divisions designed for different ages and abilities so the younger kids are in a smaller and simpler car and then the older kids are in the so-called master's car where they're actually almost invisible because they're the only thing that you can see is their helmet in a tiny little bit. It's a pretty broad age range that can participate. Is registration still open for it? Yep, yep, we'll be, where our inspection day is Tuesday, Thursday, June 10th at the MyRack other dealership, which has always been a strong supporter of Subox Dervis since we started the group. We can really pretty much people who are interested up until then and we do have some cars available to rent so people don't have to build a car from scratch or order a car. We can help them out by providing them with a car to race in. I do have a seven-year-old dear devil so maybe I'll dip my toe in the water to see if I can build a box myself this year. We'd love to have him. And I think in the letter is my, I believe I put my email, if you wanna reach out to me or our website is ArlingtonSuboxDervis.org either way you can find us and we're happy to work with you to get a car going. Thank you, appreciate it, good luck. Thank you, Mr. Heard. Mr. Diggins. Thank you, Mr. Chairman. Yeah, I'll be happy to support this. For the hours. So in terms of the street closure itself it's from about 6 a.m. in the morning until 5 p.m. just to give us time to get everything set up, run the race and then get everything cleaned up. The actual race itself usually starts around 9 or 9.30 depending on how organized or disorganized we are in getting things rolling. I'll just mention, I should have said this earlier that we also distribute notices to all the butters on Eastern Ave in this area and on the side streets just so they know it's coming because obviously we can't have any cars parked on the street that day and generally we've not received any issues or complaints from those butters. So 9.30 till when? Till usually wraps up around three. Depends on the racing. It's sort of a little bit unpredictable but it's usually I could say 3 or 3.30 is usually when we're doing our awards or trophy ceremony at the end. That sounds like a really cool event. I mean I have this idea of a documentary slash mockumentary. The opening shot is you have a tight shot on Boston because a great view of Boston from Eastern Ave. We zoom out, see that it's Arlington and then you dissolve to a shot of the racers queued up and then into the history of that. So you're the ACMI producer with me and go ahead. ACMI wants to stop by and we're always happy to have coverage. Yeah, cool. Thank you. Thank you, Mr. Helmets. I thank you. I'm also happy to support this. I have two connections to this event. One is that I lived in Akron, Ohio for eight years so I was well aware of that before moving to the Boston area a long time ago and I also lived down the street. So it's at the end of my street has been and I will verify that with Mr. Barr that the treatment of a butters traffic control has been exemplary in the 14 years I've lived a couple blocks from there. It always just occurred to me and now I have a chance to say it, you know, the cars go a lot faster if you start at the very top of the hill by the water tower. That's a joke. Now it's great and I look forward to that. And then Mr. Hurd, if you decide to enter I'll bring you lemonade down from the house. Thank you, Mr. Helmets. It's a good night for me though. Okay, fine, Joe. Thank you, Mr. Helmets. I also support my colleagues. This is a great event and hopefully we get good weather. I see that you have a rain date of Sunday. Hopefully you don't need to do that. So on a motion by Mrs. Mahan, seconded by Mr. Hurd for approval, Attorney Heim. Mr. Hurd. Yes. Mr. Diggins. Yes. Mr. Helmets. Yes. Mrs. Mahan. Yes. Mr. DeCorsi. Yeah. Yes. You're going to end this vote? Great, thank you very much. Thank you, Mr. Byron. Good luck with the event. Thank you very much. And I appreciate the support. And obviously I encourage you all to come out and watch on June 12th. Great. All right. Item number three, request annual Greek festival, June 11th, 2021 through June 13th, 2021. Stefano Baboulos, parish council president, St. Athanasius the Great Church. And there's three requests here. A three-day beer and wine license, a one-way designation of Appleton Place from Mass Ave to Burton Street and Act in Place street closing. Is Mr. Baboulos with us this evening? Yes, I've just promoted him. He should be coming into the meeting. Sorry, sorry again, sorry again. Okay, we'll be here, I'm here. Okay, good evening, Mr. Baboulos. So we have the permit application, we have the cover letter, but if you want to tell us a little bit about the event and then I'll open it up to questions from the board. So the Greek festival has been happening down for the last 30, 35 years. It's an annual event that we do serving Greek food, providing music, but it's basically a cultural event for us and for the town. Last year we didn't really have the opportunity to do the COVID. We'd like to start the event again and we're waiting for your approvals. Thank you. So I'm here with Father Bob Archon. He's joining us, he's listening in, our new priest. Dini Agimidis, our chairman of the event. His brother, Chris Agimidis, who is the chief chef person. Lea Badi-Hersh, who is the community contact person. And my son, Michael, who is one of the people working, one of the lead people in the event. Great, thank you very much. Okay, I'm gonna turn it over to the board for students to comment. Mr. Herd. First of all, I'd like to move approval and thank you for bringing this forward. I know my in-laws live right in that little area and they love when this event comes to town. It's always fun to go and get some great food, listen to some great music and get to talk to great people. And the kids certainly appreciate everything that you do for the kids there as well. We did have a note from the board of health that looked like their one concern was that the person that was generally in charge of the food had a resign. And I see you have Chris, the Yacht communities who's with you. And they noted that it was their understanding that Chris would be overseeing the food preparation the entire event. Is that correct? Yes it is. Okay. And Chris has, you know, from his credit, you know, he's credit of a new body quality. Chris is here casting for himself. How are you? Hi, good to see you. Yeah, no problem. We certainly saw your credentials and we know that you're very well credentialed to oversee the event. They just wanna make sure that you'd be there and be on site and make sure that everyone's complying. Yep. Yes, I'll be here throughout the whole event. I've been involved from this since I was a kid. Obviously the traditions of you folks seeing your families and visiting and we appreciate all that and welcome everybody there. But yeah, it's kind of an opportunity for us to come in. Nicholas is still very much a part of the church and the parish and he's just kind of had an overwhelming year and just taking a little bit of a break. So we're stepping in for him and obviously he's got big shoes to fill but we will do the very best that we can to get it all set to go and represent like we do every year. Thank you, Mr. Heard. Mr. Diggins. Thank you, Mr. Chair. I do have a question, Mr. Chair, to Mr. Globalist. So how do you handle complaints from the neighbors regarding noise? So we'll have upon that question here, who, you know, the event is actually, but this year is going to be from 11 to nine. The previous year was 11 to 10. I mean, we have a good working relationship, a neighborhood relationship with the tenants, I mean, throughout the neighbors throughout the year, the people across from our parking lot, they allow issue stickers to them, they park in our property. So some of them are actually volunteer and work in our festival. So the relationship is very good. We never had an issue. I know it's one person, sometimes complaints, but other than that, it has been, you know, very, very successful relationship. And so with the one that did, so with the one that did complain, how have you handled that one? I mean, again, we're not doing anything out of the ordinary, you know, we address and spoke to him, you know, if you guys have any questions, we address it, but usually, you know, it's not nothing major. Yeah, I hear you. Well, I mean, look, Ed, we live in an area that's relatively dense, regardless of how you, what you want to call it, Ed, and I feel that there is a certain amount of sound audio that you have to deal with me when you're in an area, I mean, this dense, I mean, and I respect that, and I appreciate that. And I expect it myself, but as it is for a resident who has to be prepared to accept a certain amount of sound, I mean, those of us who are producing that sound have to really be conscientious about the fact that we, I'm just gonna finish what I'm saying. We have to be conscientious about the how someone who is being exposed to prolonged and repetitive sound, especially over three days, is going to feel about that. So it's easy for me to put myself in the shoes of someone who has to listen to a lot of sound. And so this isn't like something that has to happen, Ed, it's something that has happened for a long time, but it's not something that has to happen. And to the extent it is one person, it may just be one person who is brave enough to speak out about it. And I'm very conscientious. And I take those kinds of issues to heart. So I would say if someone does complain, I mean, we try to really feel for them, you know? And sometimes we just go the extra mile, you know, and I tell you, I think I will really bother it by sound for three days. If I got some good Greek food, it might go a little wasted to make me feel a little better about it. We do, we do, we've done that all the time. I mean, we actually give them issue food to them. And basically this year though, we're not going to have a live band. We'll be a DJ and basically, you know, the size of our tent, it's only half the size of what we used to do. So it's a scaled down event this year because we don't know what the response that we get from, you know, from, from the people of Alito, how, you know, how many people come out and support us. So we are being, you know, cautiously optimistic. Good, all right. Well, thank you. Thanks for some questions. Obviously we'll address any questions that the neighbors have. All right, cool. Thank you very much. Thank you, Mr. Diggins. Mr. Helmuth. Thank you, Mr. Chair. And, you know, I'm glad that we were able to, to make the event happen this year. It's a positive event for the community and for your community. So we certainly want to help that to be successful. And I have one observation, just about a discrepancy. I think that I had heard before that the plans were this to go to nine o'clock. I mean, you just mentioned that yourself. Mr. Chair, I just, or maybe this is a question for the town manager through the chair, but I noticed that the special permit actually had the hours to 10 o'clock instead. Yeah, just to be able to clean up at the end. I mean, the event is, technically it's over by nine, but obviously we'll have some clean up after that, prepare for the next day. It will be not music after nine o'clock or anything like that. So we just left it at 10, just because, you know, if we are out and we cleaning up or getting ready, you know, cleaning the equipment for the next day. So Mr. Chair, is that, is that the, the correct way to note that with the permit, should the permit go to 10 to allow for that or should it go to nine to, to make it very clear that that's when the event stops and the music stops? Well, I think that the posted hours for the event are until nine o'clock on Friday and Saturday until six o'clock on Sunday. The alcohol serving time ends at nine on Friday and Saturday and six on Sunday. I don't know what the history is for prior years in terms of whether there's two times, one when the event ends for the day and the extra hour, I deferred to the town manager for the town council on that. It was always ten o'clock on Sunday, but we figured that, you know, we're trying to scale it down in here and do it right just because, as I said, we really don't know. We're dealing with a new reality, so. Yeah. So I think we're understood, Mr. Helmethe, and Mr. Bivouz, you can confirm this that the event will run until nine o'clock on Friday and Saturday, but there will be time after it finishes, that the music will be turned off and there'll be time for cleanup. Yeah. Okay, all right. Thank you, Mr. Chair. So I do have a couple of questions. One is that we have had a couple of communications from the neighborhood. And I think part of this being a successful event is that it's successful for the neighborhood to understanding that there is a festival across the street from them. But my question for you, sir, is if one of those concerns that we have heard about has been some trash that had been leftover deposited from guests on the private property, my question is what would be your plan for addressing that trash pickup and when that would happen each day? Well, as soon as, I mean, we really don't, no one should be going across the street and deposit any trash. But if we, you know, if you come to our audition and something is there, we'll pick it up. We have a cleaning group, cleaning constantly throughout the day. The facilities, the grounds, the neighborhood, you know, anything like that. And the Euro station that we usually on that side of the street is going to be on the other side on our parking lot. So really we won't be that much activity on the street side. Thank you. So if there is, well, will you ask your staff to look out for trash that would be across the street coming from that and then take care of it that night or the next morning? Of course. Thank you. I appreciate that commitment very much. And then Mr. Chair, I would appreciate hearing from the town manager if that isn't an understanding just about the permitted hours. I think that it's important since the intent and I think that the really, I really appreciate the organizers scaling back the hours and just going to nine, I think that's good not only from music and things but just trying to keep be cautious this year, right? But I have a question for the town manager through the chair if I made it, if that is sufficiently documented in the permit so that would be something that the town could work with the organizers on and being a very clear understanding about when the music stops. Mr. Chapter-Lang? So I think if the chair was willing to entertain it perhaps adding a clarified condition that music will end at nine p.m. on Friday and Saturday night so that potentially responding officers have a clear sentence in the permit to point to. My thought on this, if that would be... Okay. Yeah, I think we had that understanding with Mr. Bubulis and that's fine Mr. Helmuth. The rest of the boiling to go along with that we can spell that out in the permit. I'll put it differently to my colleagues but I think given that that's the expression of the understanding, I think it might be helpful in just helping the neighborhood feel secure about this as too because I think we all want this to be a good positive event and I'm excited about it. Okay, thank you. No further questions. Okay, thank you, Mr. Helmuth. Mrs. Mahan. Thank you, Mr. Chair. Sort of piggybacking on my colleague, Mr. Helmuth's and others comments. What we've done traditionally in previous years is when we've issued the permit, we've issued it to the hours that the event is ending and we don't add an extra hour. Not technically, literally it's private property. They can stay there till midnight cleaning up if they want. They don't need permission for that as well as their security plan for Friday and Saturday has police officers there till nine o'clock and on Sunday until six o'clock. So that's when the event ends. So I would implore to my colleagues that we do what we've done in past years, that we issue the permit for Friday and Saturday from 11 a.m. to 9 p.m. and Sunday from 12 to 6 p.m. They don't need the permit to say an additional hour and I live literally a block away and everyone who knows my family circumstances it's gonna be an HE double hockey stick weekend for me. So, but that's just because I have extreme family circumstances. So I'm like to do what we've done in past practices which is they can stay there at 12 o'clock or they can stay there at three o'clock cleaning up. It's their private property. This is a permit for the event, for the traffic issues, closing off of streets, police presence. So if I could, I think Mr. Hurd made the motion. I don't know if anybody seconded it, if they... I'm still waiting for a second. Okay, I will second it, but I will ask Mr. Hurd and my colleagues that the vote is to issue the permit Friday and Saturday, Saturday 11 a.m. to 9 p.m. Sunday, 12 p.m. to 6 p.m. in accordance with the security plan also with the caveat that they can stay there as long as they want to clean up this, that's their private property. And then my only other question would be having live near there, well, I live near there, I'm not having, who will be the authorized manager that will be on site that if I have an issue, it happens to me all the time. And if I don't have to leave my driveway, I don't complain about it, but I can't tell you how many times people, I live on Howard Street, which is right by off of Quincy, right by the Odyssey. Who is the person that maybe not so much for me, but if my neighbors have that situation as unfortunately it does happen that I could seek out that will be on site those three days or is it one or two different people? So it will be Leah, Leah by the hairs and also I'll be there all the time, I'm the president, I'll be there every day, every minute so they can reach out to both of us. Okay, if you could just forward to the select board's office to Ashley Maher or whoever you've been in contact with your information and Leah's information and that's it, thank you. Yeah, we'll do that. Okay, thank you, Mrs. Maher. Thank you for the history there that's what we're looking for on the times. And I just have a couple of comments and I know there's been a lot of discussions this year and partly because we didn't have the event last year. It's an unknown as to how many people you're gonna have this year. The estimate is about a third of what you had previously and if it's nice weather, you might have a big crowd. So I think there were three things that have been addressed to church in the town. One is the food safety and preparation and Chris is gonna be the contact on that with the health department. We also, officer Rato, I think we'll be having additional discussions with you in terms of what the security plan is and whether a modification is needed if that the crowds are larger than expected. And then the third thing, and I didn't jump in when Mr. Diggins was talking just on the neighbor issue. I did have a conversation with a member of the parish and I think you're aware of this, Mr. Abulis. We're gonna have a liaison prior to the event with the neighborhood and that's gonna be Mr. Fini from the town. He's gonna reach out to the neighbors. He's also gonna reach out to the church and I think he'll start with you or it may be another member that you've assigned to be the neighborhood liaison but the commission is what's important here and I think we're in a good place on that now and we appreciate you working with us and to Mrs. Mahan's point, if we can get the contact numbers into the select board office tomorrow, that would be great because I don't mind that's not on the application because that becomes a public record but if you can contact the office tomorrow with those contact numbers, that would be great and we hope you have great weather and that it's a successful event for everybody. Thank you very much. Sure, Mr. Diggins, did you have a question? We have, well, first an appreciation for what you about the liaison and feel free to jump in at any time if you can save as time but also I just wanted to point out a typo on the application. For Saturday it has June 2nd instead of June 12th and for Sunday it has June 3rd instead of June 13th. Not a big deal, but I just figured I'd point that out. That was your reason I like this, yeah. Oh, that's right. Yeah, and that just got pushed back a week so I think that may happen. Okay, I think that's it from the board. So we have a motion by Mr. Hurd and seconded by Mrs. Mahan for approval of the three items requested. Attorney Hine. Mr. Hurd. Yeah, and I'll just mention that I'll amend my motion as described by Mrs. Mahan, yes. As amended, Mr. Diggins. Yes. Mr. Helman. Yes, as amended. Mrs. Mahan. Mrs. Mahan. Yes, and I think Mr. Hurd for that agreement to the friendly amendment. Mr. D'Corsi. Yes. Jean Ann, let's vote. Great, thank you very much and good luck with the event. All right, thank you. Thank you very much. Hope to see you over at the first one. Okay, thank you. Okay, I'm just given the time we, it's 7.32 and we had put item 12 at the end of the agenda. I don't think we're gonna get to 12. I think the Mr. Amstutz may have been notified that that may be the case. So if anybody is here to see item 12, it looks like we're gonna, we will look for a motion to table that when we get to it. I just don't want you to hang on for the rest of the meeting because I don't see us being able to have time to get to that. So I'm gonna move to the consent agenda at this point. There's a number of items on it. Item four is the minutes of meetings, May 3rd, 2021, May 10, 2021, May 19th, 2021. Item five is a request for temporary parking restrictions at 23 Maple Street. Item six is a request for the Allington High School Ice Cream fundraiser for Dana Farber Cancer Institute. For June 19th, 2020, at the Jefferson Cutter House Lawn. Item seven is a request for a contractor drain layer license for Kevin Arruta KB Arruta Construction. Item eight is a request for a contractor drain layer license for Dennis Lahorn and CCL Enterprises. This big night for contractor drain layer licenses. Licenses number nine is a request for a contractor drain layer license for Peter Sharon, New England Construction Managers, Inc. Mr. Diggins on. Thank you, Mr. Chair, I move approval. Thank you, Mr. Diggins, Mr. Helmuth. I think you have seconded that. Thank you. Mrs. Mahon, any questions, comments? Thank you, Mr. Chair. Very briefly, when I saw the report by DPW Director Mike Rademacher, I'd like to ask if the chair and the town manager could work towards hopefully maybe one of the June meetings. I know we're closing off Grove Street, but we still have our DPW vehicles, DPW employee vehicles and DPW employees down there. If the board could get sort of a matrix graph of what work is gonna occur when. And I know right now, it's my understanding that we're shifting deep, they're still down there. I think right now roll call and socially distance gap, not socially, I mean work distance gatherings, I think are occurring in the paint shop. And I'd like someone to address, whether it's Mr. Rademacher or the facilities director, when we do get into the hazardous material portion and there's possible exposure to that, what plans we have, I'm assuming employees shouldn't be near that for whatever limited time that happened. So if Mr. Corsi, thank you for giving me this leniency, perhaps in one of the June meetings, we could get a report on that, a matrix of what works gonna be done where our DPW employees who remain down there kinda are gonna be shifted around, which I understand, as well as town and school employees that go to the gas pumps. But I anticipate, and I could be wrong, there might be a period of time that nobody should be down there when we're dealing with the hazardous materials. So thank you. Thank you, Mrs. Mohan. Mr. Chapter Lane, I just on that request, I don't know if we could do that in June, if you see any issues. So yeah, there is a very strict health and safety plan in place as developed by the architects and general contractor who will be managing the site along with Micron Rademacher. That said, I think we can absolutely prepare a memorandum and a matrix for provision to the board at a future meeting. Sure. Great, thank you very much. Mr. Herd. No comments. Okay, and just before we take the vote, Mr. Chapter Lane, is anybody on any of the consent agenda items with us tonight, I don't know if anybody wanted to speak to any of these and thinking the fundraiser, there may be someone here, but for the ice cream. Mr. Chair. Yes. I was in contact having places on the consent agenda and actually advised them they didn't need to be here, but they've been in touch with me and, you know, have worked with the health department to work, you know, work out a COVID-safe appropriate plan. And, you know, I'm really excited that they're able to bring back the, this scoop media fundraiser this year to town. And I'm looking forward to the ice cream. Great. Thank you, Mr. Helmets. Okay. So on a motion by Mr. Diggins, seconded by Mr. Helmets for approval of the consent agenda, Attorney Hyme. Mr. Herd. Yes. Mr. Diggins. Yes. Mr. Helmets. Yes. Mrs. Mahan. Yes. Mr. DeCorsi. Yes. Yeah, let's vote. Thank you. Item 10, licenses and permits for approval, class two license, Edward Gukasov, Broadway motoring for Dudley Street Place. Is he here with us tonight? Yes, Mr. Chair. And I've just promoted him. He should be joining me. Okay. And I'm sorry if I said the name wrong. Mr. Diggins, if you can say your name for the board and just tell us about the license request. My name is Edward Gukasov. I'm applying for a class two Scarlet Dealer license under Broadway motoring. I understand you were now in Lincoln previously and you're moving to a new address. Is that correct? Yes. I was in Arlington from 2007 till 2017. Great. Okay. All right, I'll turn it over to the board. Mr. Helmets. Thank you, Mr. Chair. I'd like to move approval. And just one question for applicant. Can you just give us an idea of the kind of work that you do? I basically sell used cars. We buy through auctions, lease companies and other places and resell them, service and resell them. I've been doing that for many years right now. Excellent. Thank you. We wish you well. Thank you. Thank you, Mr. Helmets. Mrs. Mahan. Thank you, Mr. Chair. I'll second that. And I just have one question. I've looked through the material submitted so I apologize if it's in there. But if the requesting person, how many either approximately or as close to exactly, how many vehicles do you anticipate being on your lot for sale at one time? Do you have a max or? That's my question. Basically this slot will allow probably storing about, I think my severe engineer drove parking lot for 11 display units and five customer spots. So it would be probably about 11, 12, 13, depends if some car sold, we'll keep them on the lot until they picked up. So it could be about 15, 16 cars all the time on the lot. Okay, thank you. Mrs. Mahan, I'm Mr. Herd. Mr. Helmets took care of my one question. This was the first time I read an application and I was not sure what the business was, but congratulations and good luck with the business. Thank you. Thank you, Mr. Herd. Mr. Diggins. Thank you, Mr. Chair. And thank you for returning to Arlington. And you can give us a short answer and feel free to flat out with us. Whitney said, come back. Well, I was in Arlington and I knew almost everyone back then in Arlington. It was a pleasure to work there. Everyone from town, neighbors. And then after 10 years, I had to unfortunately leave Arlington. I moved to North Chelmsford, stayed there for a few years. And last year, because of the pandemic hit our country, landlords had to sell the building and I had to move out. So I started to be on the lookout and I always looked into Arlington. And luckily for me, Enterprise rental car space became available at the right time. Great. Well, once again, welcome back and thanks for coming back. Thank you so much. Thank you, Mr. Diggins. I also echo my colleagues. I wish you the best of luck coming back to Arlington. And I hope you have a long time there at that site on Dudley Street. So we have a motion by Mr. Helmuth, seconded by Mrs. Mahan for approval. Attorney. Mr. Hurd. Yes. Mr. Diggins. Yes. Mr. Helmuth. Yes. Mrs. Mahan. Yes. Mr. DeCoursey. Yes. And that's all. Best of luck. Great, thank you so much. Good to be here. Next item is item 11 for approval, closing on 1207 Mass Avenue real estate authorization in memorandum of understanding for public space. Attorney Heim, if you could pick up where we left off last week and maybe just summarize to the board what was before us and what's happened since. Thank you, Mr. Chair. The short version is that this is seeking the board's authorization and execution of a quick claim deed. I apologize to realize this has been moved around a little bit but basically all we need to do is execute the quick claim deed. We're not going to address the memorandum of understanding anymore. I think it was just recycled from the last meeting as an agenda item but we've responsive to the board's comments. The parties are in agreement that we'll pursue a development of an easement that will basically fit all the conditions set forth in the special permit that I provided as reference for the board. And then I basically provided you a memo walking through each one of the board sort of questions and concerns chief among them, the buyer agrees that both the special permit fees and the building permit fees to be waived will be halved consistent with the expectations of the board in the discussion last time. We also confirmed some of the just technical pieces of the quick claim deed that the initials on the deed or initials on the documents are Mr. Daugherty's initials that there are no sellers costs because you don't face any costs for a legal counsel because you have internal counsel and you don't face any costs for stamps because municipalities exempt from those costs and that there's no anticipated other costs because both the town and the buyer did a title search and we're not anticipating any objections to the deed. So long and short of it is unless the board wants to talk any more, I hope that my memo addressed some of the concerns and perspectives and questions that I think the board rightly raised last time and that we're good to go just for the purposes of executing a quick claim deed and closing we will not resolve or actions to resolve. We won't, we'll bring back an easement in front of the board. That would have to go to town meeting anyway. So it'll have to wait for a town meeting warrant but I'll obviously be working with the relevant parties to develop the language of the easement. Thank you. Thank you, Attorney Heim. I'll turn it to the board, Mr. Heard. Thank you and thank you to Attorney Heim for the report. And I appreciate your work on this and Attorney O'Connor's work on this and I appreciate Mr. Doherty being willing to come to our side of the issue as far as special permit fees and I appreciate his efforts on this. I think from start to finish he's had a good faith effort in regards to this project and just like any building project in town, I know it's not gonna be to everyone's standards but I think it's a really exciting project for the town. It's gonna bring a new life into a block that's really been depressed for a while in a particular space that has. So I'm happy to move approval on this. Thank you, Mr. Heard. Mr. Diggins. And I will second it, A&N. And since we do have just a wee bit of time I understand, I understand it's an agreement for the permit fees. I'm just being a little dense here. So can you just explain to me why it's halved? Just so that if I have to repeat to someone I can explain it. Attorney Heim. Thank you, Mr. Chair. Mr. Diggins, when the board issued an RFP to try to basically generate interest in the 1207 parcel which is basically a one-story building with no real parking. One of the things that we wanted was to try to get an agreement to accept a mixed use deed restriction. And one of the incentives for that was the waiver of building and special permit fees. When the bid came back the only bid that came back was for a co-development of both 1207 Mass Ave and the adjoining parcel 1201 Mass Ave. The board only owns 1207 Mass Ave and it's selling 1207 Mass Ave. So I think during the ARB process a number of folks raised the sense that, well, why would we waive the building permit fees for a project that scope exceeds just 1207 which is the only parcel that the town owns? So because it's being, I'm sorry, not building permit fees special permit fees during the ARB process. So because it's the development of basically two abutting parcels the compromise that was reached at the ARB was that you only waive half of the special permit fees because half of the lot is that's being, half of the project that's being developed is not owned by the town and isn't being transferred by the town. Similar logic applies to the building permit fees although it's a little bit more clear in terms of the contract, the PNS. We're only conveying the premises and we're only agreeing to waive building permit fees for the premises. The project, however, spans two premises. So that's why we're waiving half. Any other calculations than that get kind of quickly complicated and crazy because you start to look at what portion of a building is in what lot when you're talking about one development starts to become pretty unwieldy pretty fast. So that's the rationale for it. Thanks, there was a beginning part of it that hadn't really absorbed that. We initially waived those fees in order to write an incentive. So yeah, sometimes it takes a few times for it to get through to me. I appreciate your patience. Thank you very much. Thank you, Mr. Diggins. Mrs. Mahan. Thank you, Mr. Chairman. And thank you, Attorney Hime, for clarifying that. And one of the other questions I got and I as vice chair spoke with the chairman earlier today regarding what the select board would do regarding the open space piece of this. And if the chairman would indulge me because he's gonna say it more succinctly and eloquently especially since you're an attorney in municipal law if you could just not just for our colleagues but people who have raised this question to myself and others on the board regarding the open space question when it really comes into play for a decision and what bodies are bodies ultimately are sort of the decision makers on that. And we had discussed this today and if I try to explain it's gonna take eight minutes and I think the chair can probably do it and way less than that. Okay, I'll start at Attorney Hime. I may turn to you on this. I don't know how eloquent I will be but on the open space issue goes to the density bonus that's contained in the zoning by-law. And the zoning by-law contains language that if there's a deed, a grant or an easement there can be a density bonus that is granted. That's a determination that's within the zoning by-law. That's the reason why the license that was initially proposed is not before us anymore. I think it's gonna be the easement route as Attorney Hime said and an easement would require the approval of town meeting. So if there's anything I missed there or Attorney Hime that you wanna add, feel free. The only thing that I would add Mr. Chair is that the body that is deciding how to interpret the zoning by-law is the ARB. So they were the ones that decided that this bonus and this easement was attractive and useful and should be applied to this project under the criteria of environment design review. It's not the first time that this type of thing has happened. It's not. We don't have a lot of large scale EDR projects like this, but we've granted similar bonuses and modifications for basically public space improvements and offerings before as well. So this board isn't charged with adjudicating whether or not that's the appropriate application of the bonus or it's not nor is it charged with deciding whether or not this is ultimately something that should have been in the special permit and how they should have approached that. So from that sense, that's already been decided by the ARB. Ultimately, any easement has to be accepted by town meeting. So that's the sum of it. Okay, thank you, Mr. Chair. And I just wanna point out where I've gotten questions about why the select board and when is there point in the process to make a vote on this? It's not something under our purview. It's ultimately Cal meeting on a recommendation by the Allentree Development Board if for some reason, which we started doing the past two or three years, sometimes select board articles, the redevelopment board weighs in and sometimes redevelopment board, the select board does, but that's really not under our bailiwick. It's ARB and then ultimately town meeting. So thank you, Attorney Hyman, Attorney Bacour Seed, Mr. Chairman for explaining that. All done. Thank you, Mrs. Mohan. And I would just briefly, if I could, I see Attorney O'Connor is with us tonight and I wanna thank her, but also we had the meeting last week and I'm pleased that everything was taken care of in the intervening week. And I just wanna, if she could join us for a second, just to confirm and also just let us know her estimate as to when we think we will be closing on this once we issue the final approval. Attorney O'Connor, if you're with us. Yes, good evening to all of you. I confirm what Attorney Hyman's told you, work these issues out. I just wanna point out that the issue with respect to giving the town a license versus an easement was a collaborative thing. It was not my client's decision to do that. We thought that was the better route to go, but he doesn't care if it's an easement. I do think that the ARB, the planning office will be the group that's charged with administering that space time-wise, use-wise and things like that. The MOU does say what it cannot be used for. And one of the factors was they didn't want this to be something every day so that the neighbors weren't bothered by something happening there every day. It can be open public space, but something organized, I think it's twice a week the MOU calls for. But it's my understanding that planning will administer this. Okay, thank you, Attorney. I wanna thank Attorney Hyme for all of his help with this as well. Okay, thank you, Attorney O'Connor. And I appreciate you coming back tonight. I didn't have any other questions. I wanna thank Attorney Hyme for addressing the issue on the allocation of the building permit fees because I think that question came up to a number of us. And aside from the difficulties of trying to parse out what's on either lot, I will also point out that the 12-11 massive lot, there's a lot more open, called unimproved, the unimproved portion of 12-11 is greater than what the unimproved portion of 12-07 is. And that's a further difficulty in terms of parsing out what a building permit allocation would be. So this is a convention that was used. It's consistent with what was done with the special permit fees. And I think given the complex disease and the fact that you don't have the same building on each parcel, you don't have the same lot coverage, it was a point of negotiation or discussion. And I think we're comfortable with that. So thank you. And before we get to the vote, I will say we're gonna close tonight. We started tonight with Mr. Barr, whose son had won a soapbox derby. I believe Mr. Dardi's son won the soapbox derby in Wellington in 2009. So there's a little closure on the issue this evening. So we have a motion. Mr. Chair? Yes. I did have a question. I'm not sure yet it was called on. Yeah, go right ahead. Oh, I'm sorry, Mr. Helmut. You were not called on. And I did that again. I'm sorry about that in my case. Yeah, thanks to my colleagues for clarifying all the questions except one. I just wanted to double check that because town meeting has to approve the easement, does that mean that the owner would not be able to exercise the density bonus until in such time that an easement would be approved? You know, is that the effect of that? I think the most reasonable way to interpret Mr. Helmut is that the easement is a condition, is one of the special permit conditions. It's not relevant necessarily to construction, but it's something that has to be done in order to basically operate. So I think everybody's got an interest in having this easement be addressed at whatever next town meeting we have, but that's I think the most concise way I can answer with given the time that we have. Yeah, thank you. No, I appreciate the clarification and no further questions, Mr. Chair. All right, and then I'm sorry about that, Mr. Helmut. I started talking and I lost track. I was thinking of soapbox, stirby. So yeah, exactly. So on a motion by Mr. Herd, seconded by Mr. Diggins for approval on the deed, Attorney Heim. Mr. Herd. Yes. Mr. Diggins. Yes. Mr. Helmut. Yes. Mrs. Mohan. Yes. Mr. DeCoursey. Yes. Janet, Ms. Folk. Thank you all. Thank you very much. Okay, so item 12, if we could take a motion to table that until our next meeting. Thank you, do I have a second? Second. Second. Great, thank you. So motion's been made and seconded to the table. Attorney Heim. Mr. Herd. Yes. Mr. Diggins. Yes. Helmut. Yes. Mrs. Mohan. Yes. Mr. DeCoursey. Yes. Yes. Thank you. Okay, next item is correspondence received Lowell Street parking concerns. Moved received. Second. Second. Any questions, comments from the other members? Okay. Mr. Chaplain, should we refer this to the parking advisory committee? So I took a quick look and I think maybe as an initial step, we could ask Officer Ratau to take a look at the history and potentially answer the question of the resident. And then if it goes deeper than what he can find then we can go to the parking advisory committee. Okay. Thank you, Mr. Chaplain. So on a motion by Mrs. Mohan, seconded by Mrs. Diggins to receive the Lowell Street parking concerns letter. Attorney Heim. Mr. Herd. Yes. Mr. Diggins. Yes. The helmet. Yes. Mrs. Mohan. Yes. Of course he. Yes. Janine, Ms. Vogue. Thank you, Attorney Heim. And last item, new business. Attorney Heim. Very briefly, I'll be issuing reports and guidance based on whether or not the governor's bill allows us to extend remote meetings until September 1st. I know that a lot of folks have been asking about it till the recent race. Thank you. Thank you, Attorney Heim. Mr. Chaplain. Given the time, no new business tonight. Thank you. Thank you, Mr. Chaplain. Mr. Helmick. No new business. Thank you. Mr. Diggins. And for me. Mr. Herd. Nope. Mrs. Mohan. My new business can wait. And if it's appropriate after you, if you have any new business, I'd like to make a motion. Okay. I have no new business and I will turn to you for the motion. I'd like to make a motion to suspend our meeting and re-adjourn concurrent with the regular town meeting that the select board will remain in session and will adjourn concurrent with the regular town meeting. Second. Thank you, Mr. Herd. So we have a motion by Mrs. Mohan seconded by Mr. Herd. Attorney Heim. Mr. Herd. What amazing timing. Yes. Diggins. Yes. Helmick. Yes. Ms. Mohan. Bless you, Mr. DeCoursey. You're on in 47 seconds. Yes. This is DeCoursey. Yes. Yeah, Ms. Mohan. All right. Thank you very much, everyone. See you soon. Not see you all in a few seconds.