[Rich, 00:25]
Session 1 of N, where N is a large positive integer

I regret that the notes will be somewhat incomplete, because they will often refer to the contents of reports given to us. Normally you could get those reports on-line and follow along. Unfortunately, they are not yet available on-line. However, it would be too much effort to reproduce in my notes what is already in those reports. So let's just hope they get put on-line soon.

• Called to order at 20:04.
• The Menotomy Minutemen presented the colors and performed the Anthem.
• When the meeting is adjourned, it is adjourned to 20:00 on 28 April.
• Article 2 - Reports of Committees:
  • Received the reports of BoS, the ARB, and the Noise Abatement Study Committee.
  • Mr. Ferrar of the Rental Reinspection Committee read the report of the committee. Key points are that the only nearby municipalities that require apartment inspections when an apartment turns over are Boston and Chelsea, that Medford was considering it but gave up after overwhelming negative feedback at a public hearing, and would be very hard to budget for and staff due to the uncertaintly and spikiness of apartment turnovers. The committee instead decided to focus on education ("educate instead of mandate") and will be creating a brochure for tenants and landlords. The Director of Inspection Services will be giving a seminar on apartment compliance with codes.
  • Pat Thomas of the Tree Committee asked everyone to fill out and hand in the Committee's tree survey form which was in the TMMs' packets.
  • The FinComm report was received. Mr. Tosti gave a high level overview. He said the crisis continues, though there are some signs the state is pulling out of the recession. He said the Town cannot survive on its own revenues and requires a steadily increasing local aid passage to survive. He reviewed page 3 of the report which explains what the Town's increase in revenues consisted of, what the projected deficit was, and how it was closed in the proposed budget. He reviewed pages E1-E2 which discussed the use of reserves and pointed out that we are using reserves unsustainably and that there will be big problems when the reserves are drained. He also reviewed the current and proposed school-related debt service on pages D1-D2 of the report and pointed out that Stratton will require either another debt exclusion or absorbing it into the regular capital plan.
• Mr. Tosti moved that the recommended votes of the BoS, FinComm, and the ARB be before the meeting without further motion. Approved.
• Article 3 - Measurers of Wood and Bark:
  • BoS recommended that John A. Fitzmaurice be appointed to the post.
  • Town Counsel Maher said that the office is one of the last of the colonial-era offices that is still selected by the Town (as opposed to by Town officials). He said the office is still active, and if you buy a cord of wood you can have the measurer come out and tell you how much wood you really received.
  • BoS recommendation approved unanimously.
• Article 4 - Election of Assistant Moderator:
  • Mr. Moderator explained that nominations would be taken, then closed, and the article tabled. Ballots would be made up which would only be given to TMMs at checkin on Wednesday. Once the Wednesday session begins, the ballots will be collected and counted and the results announce. He said that the candidates would have the chance to address the Meeting and discuss their qualifications and why they want the position.
  • Mr. Abbott nominated Mr. Leone.
  • Mr. Greeley nominated Mr. Caccavaro.
  • Mr. Rosselli nominated Mr. McCabe.
  • Motion to close nominations - approved.
  • Motion to table - approved.
• Article 5 - Zoning Bylaw Amendment/Bicycle Parking:
  • The ARB recommended a vote as set forth in its report to explicitly add bicycle-related verbiage to the "Circulation" part of Article 11 Section 11.06 of the Zoning By-Law.
  • Mr. Tsoi said that the ARB is also the planning board of the Town and takes its responsibility to comment on zoning and land use articles very seriously.
  • Mr. Chaput said this was a housekeeping article to fix some flaws in last year's bicycle parking zoning change, as the requirements were not as apparent as they could have been.
  • Mr. Johnson of the Arlington Bicycle Advisory Committee said that the purpose of the recommendation was to add a cross-reference to the bicycle parking rules to the relevant Environmental Design Review section of the Zoning By-Law. He said it would not expand or restrict the bicycle parking requirements.
  • ARB recommendation approved unanimously.
• Ms. Fiore moved to postpone Articles 6-8 to 3 May, saying that they were complex and we had not had enough time to study them properly.
• Mr. Fischer asked if the ARB could make its presentation on the articles and then have the Meeting postpone them. Mr. Moderator said that was not possible given the motion to postpone was already made.
• Motion to postpone Articles 6-8 to 3 May was approved.
• Article 9 - Zoning Bylaw Amendment/Off Street Parking:
  • ARB recommended a vote of no action as set forth in its report.
  • Mr. Abbott offered a subsitute motion which was the text of the article. He said that current single-room occupancy developments (SROs) are one of the cheapest forms of affordable housing we have. He said they are not currently causing problems and that his substitute motion would make a state of no problems be a condition of the parking waiver special permit and would place the burden of proof of no problems on the SRO owner.
  • The Meeting recessed for the mid-session break and then returned.
  • Ms. Mann said the ARB was concerned about definitional issues -- what exactly is an SRO, what is the definition of "affordable" to be used and so on. She said she and Mr. Abbott had discussed this during the recess and that Mr. Abbott agreed to work with the ARB over the course of the year to ironing out these issues. Mr. Abbott indicated he no longer had problems with the recommended no action vote.
  • Mr. Gilligan moved the previous question - debate terminated.
  • Abbott substitute motion defeated.
  • ARB recommendation of no action approved unanimously.
• Article 10 - Zoning Bylaw Amendment/Industrial Zone:
  • ARB recommended a vote of no action as set forth in its report.
  • No discussion. Recommendation of no action approved unanimously.
• Article 11 - Zoning Bylaw Amendment/Affordable Housing:
  • ARB recommended a vote of no action as set forth in its report.
  • Mr. Tsoi said the ARB supported the intent, but that no action was needed because the Zoning By-Law already allows what the proponents of the article were seeking.
  • ARB recommendation of no action approved unanimously.
• Article 12 - Zoning Bylaw Amendment/Affordable Housing II:
  • ARB recommended a vote of no action as set forth in its report.
  • Mr. Abbott offered a substitute motion which was the text of the article with an additional clause making it explicit that the ARB was not obliged to accept the developer's offer.
  • Ms. Mann said this would defeat spirit of the afforable housing by-law be weakening the rule that afforable units be on-site.
  • Mr. Lyons said there is nothing more important in this country today than preventing segregation. He said to not let developers buy their way out of the by-law.
  • Mr. Gilligan said he opposed the substitute motion. He said that in addition to what people already said, the motion was not specific enough on definitions or on criteria for the ARB to follow.
  • [missed name, sorry] said he likes the existing by-law and that other towns are considering it as a model. He said he was worried that state law does not explicitly allow such by-laws and so would not want to complicate our existing one and risk drawing a challenge.
  • Mr. Ellis pointed out that some of the prior criticisms of the substitute motion are invalid, as the substitute does not give developers the ability to buy out of the rules (in fact, the existing by-law already allows for that). He said he liked that it would allow even more affordable units to be created. He noted that his neighborhood used to be affordable and is rapidly ceasing to be so. He noted that the ARB would still have the power to turn down an offer and that the substitute motion would carry out a worthy goal.
  • Mr. Abbott reread his substitute motion and pointed out it does not allow for buyouts. He said he had confidence in the ARB to do the right thing.
  • Mr. Tully said he was bothered that the ARB is not willing to accept the authority being offered to it. He asked Mr. Maher if other town's have a similar by-law and what their experiences have been and if such a by-law would cause legal problems. Mr. Maher said that the by-law did not seem on its face to cause problems but that he really could not speak to the question because there is no good way to know how problematic such a change would prove to be. He also said that no other town had such a by-law.
  • Ms. Harrington said she could not believe Mr. Abbott would be bringing up anything that would ghettoize people. She moved to postpone the article to Wednesday so the ARB, Mr. Abbott, and other parties could continue to discuss it. Her motion to postpone was defeated, 53-105.
  • Mr. Leone said the Zoning By-Law Review Committee unanimously voted no action on the article and that it felt the substitute would complicate the legal situation and was against the spirit of the affordable housing by-law.
  • Mr. Taber said he opposed the subtitute motion. He said he was worried it would lead to increasing concentrations of high-end and low-end housing.
  • Mr. Bernardin moved the previous question - debate terminated.
  • Abbot substitute motion defeated.
  • ARB recommendation of no action approved.
• Article 13 - Zoning Bylaw Amendment/Temporary Signs:
  • ARB recommended a vote of no action as set forth in its report.
  • Ms. Mayer offered a substitute motion to allow for temporary signs to be put on fields by non-profits and sports leagues. She noted that under this article she was only proposing the enabling zoning changes. She said the BoS recommended vote under Article 15 would set the actual rules for which fields would have signs and so forth. She said the approach is conservative, balanced, and respectful, and would only be at a few designated fields, and that input was solicited from many groups. She said that school sports teams are already doing fundraiser after fundraiser to try to keep fees manageable and it is still not enough. Mr. Moderator broke in and pointed out a major flaw in the substitute motion -- it would incorporate by reference into the Zoning By-Law whatever the current Parks and Recreation Commission regulations on temporary sign use were -- and that would be an illegal delegation of zoning power to the Commission.
  • After some discussion about when the next Parks and Rec Commission meeting was, Mr. Gilligan moved to table the article, which was approved.
• Article 14 - Zoning Bylaw Amendment/Off Street Parking:
  • ARB recommended a vote of no action as set forth in its report.
  • Mr. Faulkner reiterated the ARB's comments in its report that what the article proposed would make inconsistent parking space rules between houses and apartments and would make housing less available and less affordable.
  • Mr. McKinney complained about the number of cars belonging to the tenants in a rental property neighboring his and said that there should be a way to either require landlords to provide parking for all their tenants or else limit the number of cars the tenants could have.
  • ARB recommendation of no action approved unanimously.
• Article 15 - Bylaw Amendment/Temporary Signs II: Tabled (see discussion on Article 13).
• Article 16 - Abandonment of Exterior Lines:
  • BoS recommended abandoning exterior lines at 874-880 and at 980 Massachusetts Avenue. ARB endorsed the BoS recommendation.
  • Ms. Mahon presenting the BoS recommendation and noted that a lawyer for the developers was in the room if people had questions.
  • Mr. Streitfeld asked if an "exterior line" means a line on a map beyond which fixed structures cannot be build. Mr. Maher said yes.
  • Mr. Reedy asked which other properties would be candidates for this. Mr. Maher said that no one knows and referred to the ARB report which discusses that in more detail. He said that lots of structures on Massachusetts Ave are likely in violation of the exterior lines.
  • Mr. Jamieson asked if any transfers of property were involved. Mr. Maher said no.
  • Ms. Fiore asked if this would affect the width of sidewalks. Mr. Maher said no.
  • Mr. Fischer asked what the point of doing this was. Ms. Mahon replied that it would allow buildings to be build closer to the street, providing more of a buffer to abutting residences.
  • Mr. Curro asked if (given that the exterior lines were established by Town purchases) we could could get any money for abandoning them. Mr. O'Brien said that the lines are outdated, are a nuisance, run contrary to the desire of the Zoning By-laws to have commercial developments be closer to the street, limit the creativity of architects, and in fact would be something the Town would be willing to pay to get rid of. In light of all that the Town is not going to try to get compensated for the abandonment.
  • Mr. Fiore asked if the exterior lines easement allow the Town to widen sidewalks. Mr. O'Brien said no, since sidewalks are on the public right of way but the exterior lines are on private property. He said the lines do not give the Town any rights but only prevent buildings past the lines. Mr. Fiore asked for Mr. Maher to speak to his question. Mr. Maher said that the exterior lines are not easements as they are normally thought of. He also said that they only prevent development past a line and do not allow the Town to put sidewalks in mandated space. He said the Town could only do that via negotiation or eminent domain proceedings.
  • Mr. Starr moved the previous question - debate terminated.
  • BoS recommendation approved.
• Meeting adjourned at 23:03 to 20:00 on 28 April.