Our next Town Meeting will be held on January 22, 2024, in the BHS Auditorium. There will be no hybrid participation option except for with permission for an approved reason, but it will be broadcast on BCAT. I am summarizing, paraphrasing, and otherwise stealing from the official documentation, the Warrant and Backup (supporting documentation) which can be found in the Town Meeting section of the Town Clerk’s website. For clarification, please go there.

During and after Town meeting, I’ll be sure to update this document so you can see how the votes went.

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January 22, 2024, Town Meeting

Town meeting opened with a moment of silence for the three Town Meeting Members who passed away in the last several months. After that, a little housekeeping, and a few reminders to the body, Article 1 was presented. Ninety-nine Town Meeting Members were present.

General Articles

• Article 1 - Reports of Town Officers & Committees. Expect updates from Economic Development and at least one building committee.

  • Police Station Building Committee report from Select Board Member Mike Espejo:

    • Approximately 35,000-square-foot facility on existing site.

    • Twelve-member committee, composed of representatives from various boards and committees, as well as residents, to advise Select Board, who will take the final action.

    • This will require a zoning change, which will come before Town Meeting in May.

    • Advantages: No new land purchase; keep government campus intact and police station in a central location in the community.

    • $150,000 was granted in May for a feasibility study, which is ~75% complete; this will help determine space needs, footprint, parking, design, etc.

    • Building will be colonial to fit in with the architecture in the area.

    • Sculpture Park will be relocated; the project team will work to keep as much of a buffer as possible between the facility & parking area and Grandview Farm.

    • The station is estimated to cost about $40-45 million, which will also be presented to Town Meeting in May.

    • Committee recognizes the historical significance of the building (it was opened as the Union School to consolidate the town’s five elementary schools in 1898), but it hasn’t been maintained as a historical building, and therefore isn’t the same building folks remember from the Union School days.

    • The conditions, described as “deplorable,” make this a critical need for the town and also make it impractical to try and restore the current building.

  • Melisa Tintocalis, Economic Development Director, gave an update on Mall Road rezoning initiative.

    • There’s a final draft plan now!

    • Policy considerations

      • building with pedestrians in mind

      • no net loss of commercial base

      • structured, rather than surface, parking—this can consolidate surface parking lot space and offer more open space or development opportunities

      • open space requirements

      • residential zoning would be allowed( it currently isn’t); working to design this zoning thoughtfully so it works within the area

      • thinking about a vision of Burlington 20-30 years in the future, trying to be proactive as the town was with 3rd Ave zoning which is now providing the payoff

      • will come before Town Meeting in the near future, possibly in May or possibly at a Special Town Meeting

  • Town Planner Liz Bonventre gave an overview of the MBTA Communities Law and the town’s plans to comply

    • 2021 law enacted by Charlie Baker: communities must have housing by right with a density of 15 units per acre; the state at large hasn’t kept up with housing construction over the last 20 years

    • no requirement for construction of new units, just a zoning change

    • would lose eligibility for many state grant programs if the town doesn’t comply

    • Plan for compliance: Create a new compliant zoning overlay district, incorporating form-based code (requiring buildings to look a certain way and conform to design standards)

    • need 50 acres, 25 of which are contiguous and the rest at least 5 acres

    • emphasis on proactivity and creativity to comply with the law while also meeting the town’s needs

    • Burlington is required to approve the zoning district at the May 2024 Town Meeting

    • A working group has been formed and will be open to the public (more details forthcoming)

    • Learn more on the Planning Department Website

  • Dr. Conti spoke about the Pine Glen air conditioning Warrant Article that was approved in May of 2022. The price of the air conditioning went up from under half a million before the article was presented, to close to a million dollars afterward, and so a new Warrant Article will be presented this May to make up the difference.

  • More updates from the Planning Department regarding the 3 pulled articles:

    • Overhauling parking regulations with the aim of modernizing and streamlining them, adding climate resiliency, and making them easier to use and standardized. Been working on this since November, and now it’s with town counsel. Will be presented at May Town Meeting.

    • Use table modernization—another overhaul to modernize definitions and the use table, bringing use regulations into the 21st century, consolidate related uses, and shorten verbose language. Again, this will be going before Town Meeting this May.

Zoning Bylaw Articles

Article 2 - Accessory Use Regulations Relating to RO [single family residential zoning district]: Article II Definitions and Article V Dimensional Requirements. (Proponent: Zoning Bylaw Review Committee)

This article seeks to clarify the definition of accessory use to make clearer to residents and to town inspectors what kind of accessory building requires a permit and what doesn’t. This article states anything larger than 65 square feet or 10 feet in height will require a permit.

Votes: Planning Board - Unanimously in favor - WITHDRAWN

Article 3 - General Regulations to Update Parking Requirements. (Proponent: Planning Department)

This bylaw includes flexibility for modern uses, design standards for parking facilities, landscaping requirements, dimensions for parking spaces of different formats, use cases for different kinds of parking formats, and more! There is also an addition for Shared Parking, which was something that was discussed at September’s Town Meeting.

Votes: Planning Board - Unanimously in favor - WITHDRAWN

Article 4 - Fitness Facilities. (Proponent: Planet Fitness)

Adding in a definition for Fitness Studio (under 5,000 square feet) and differentiating it from a Fitness Center, which is larger (5,000-20,000 square feet). Zoning would have these facilities located in separate areas of town, with Studios located in the Town Center and other places, and Centers allowed in areas outside the Town Center overlay, such as the south side of town in the area near Middlesex Turnpike Extension, where Planet Fitness hopes to relocate. (Their current facility on Ray Ave has about 18,000 square feet of gym space.) A special permit would be allowed to build a Fitness Center in certain districts.

Votes: Planning Board - Unanimously in favor | Zoning Bylaw Review Committee - Unanimously in favor | Land Use - Unanimously in favor | PASSED

Article 5 - Section 8.1.0 110-Year Floodplain District. (Proponent: Conservation Department)

You can see the current bylaw on Page 60 of the 2022 Zoning BylawsNote: This will need a brief update once the FEMA maps are updated.

Votes: Planning Board - Unanimously in favor | Zoning Bylaw Review Committee - Unanimously in favor | Land Use Committee - 6 in favor - 1 opposed - 1 abstain | PASSED

Article 6 - Use Table Modernization. (Proponent: Planning Department)

This article is designed to update the language used in the zoning bylaws definitions and ensure correlation with the Use Table. This is mostly a housekeeping article that seeks to update outdated definitions and reorganize uses to where they make the most sense for today.

Votes: Planning Board - Unanimously in favor - WITHDRAWN

Article 7 - Amend the Town of Burlington Zoning Bylaw, Article IV, Section 4.2.0 Principal Use Regulation Schedule by adding a new Section 4.2.5.11… (Proponent: Herb Chambers Kia of Burlington)

This article, re-introduced after it was pulled during September Town Meeting after testimony and a petition from residents of the adjacent neighborhood, faces opposition from direct abutters who have concerns about traffic, pedestrian safety, privacy, and potential water issues. The proponent has done some community outreach and attempted to reassure concerned neighbors that they want to work toward making a more functional space for the business while enhancing the appearance of the area. Discussion at the December 7 Planning Board meeting centered around safety and the fact that the dealership, unlike others, is in a residential area—one that is already affected by heavy traffic.

Votes: Planning Board - 2-4-1 | Zoning Bylaw Review Committee - 5-1-0 | Land Use Committee - Unanimously in favor | After much discussion and a roll call vote, this article failed with a 64-35 vote. As a zoning article, this needed a 2/3 vote in favor to pass; the vote was 65% in favor. FAILED

Financial Articles

Article 8 - Replenish Reserve Fund. (Proponent: Town Administration)

We have a reserve fund that we set at $200k each year and then replenish to $300k from free cash after free cash is certified. This article allows for that to happen.

Votes: Select Board - Unanimously in favor | PASSED

Article 9 - Transfer from Free Cash to Water Stabilization Fund. (Proponent: Town Administration)

In general, when we fund items before free cash is certified, we pay for them from a stabilization fund. We pay for MWRA service out of the Water Stabilization Fund and have since 2019. Water is a local receipt and has to be taken into free cash. When free cash is certified, we pay the stabilization fund back, so we can finance the coming year’s MWRA service.

Votes: Select Board - Unanimously in favor | PASSED

Article 10 - Opioid Settlement Fund. (Proponent: Town Administration)

The Statewide Opioid Settlement states that 60% of settlement funds to toward state programs and 40% go toward individual municipalities. This year, Burlington has received $134,189 from the settlement into our general fund. Before the town can spend the money, it must be transferred to a special revenue account. According to the backup, these funds can only be spent toward “programs outlined in the settlement agreement, including supplementing and strengthening community resources available to residents and families for substance use disorder prevention, education, harm reduction, treatment, and recovery programs.”

Votes: Select Board - Unanimously in favor | PASSED

Article 11 - Transportation Infrastructure Fund. (Proponent: Town Administration)

Each year, we get money from the state for all ride shares originating in Burlington. This article requests those funds (almost $25k this year) go toward offsetting the costs our subsidized rideshare program.

Votes: Select Board - Unanimously in favor | PASSED

Article 12 - Recreation Cargo Van. (Proponent: Recreation Department)

The Recreation Department is requesting replacement of a 2005 cargo van, which has been used for daily transport for nearly 20 years. The vehicle is showing signs of body rot, and failed state inspection this past year. The car is no longer on the road, the the department needs $50,000 for a replacement.
Votes: Capital Budget - No position | Ways & Means - 13-0-0 | PASSED

General Articles (continued)

Article 13 - Firefighter Waiver of Maximum Age Restriction - Ryan Decoste. (Proponent: Town Administration)

This is exactly what it sounds like. Firefighter hopeful, Ryan Decoste, is above the maximum age limit to join the Fire Department; the Department is requesting a one-time waiver.

Votes: Select Board - Unanimously in favor | PASSED

Article 14 - 119 South Bedford Street. (Proponent: Town Administration)

This affordable housing property was purchased by the town for $350,000 in 2022 and renovated; the town is now looking to sell the property. Proceeds from the sale will be returned to the town’s affordable housing fund.

Votes: Select Board - Unanimously in favor | PASSED

Article 15 - Request that the ZBA reject Winn View Heights II & the Commonwealth of Massachusetts take notice of Town Meeting’s majority opposition to the project.

The proposed Winn View Heights II affordable senior housing development has a long and contentious history; the Select Board provided a letter of support for this project a few years ago, but there was a concern about accessing the property and the site plan was revised to reflect an entrance on Mountain Road. Concerned residents offered their thoughts at multiple Select Board meetings last year, outlining concerns about the steepness of the access, the difficulty of emergency vehicles to get up there, snow removal issues, blasting that will be required to build the road, and more. This time around, the first Select Board vote failed. However, the proponent asked for a re-vote, noting that one Select Board member was absent on the day of the vote. The follow-up vote with the full board passed, meaning the Burlington Select Board would provide a letter of support to the state for this so-called “Friendly 40B” development (a housing development which adds affordable units and is initiated within the town rather than required by the state). This development would add 6 affordable units out of 24 total units, and the stance of those in favor is that it might not be perfect, but it goes towards adding middle housing and affordable housing.

Following all this, Town Meeting in September was asked to vote on a non-binding resolution opposing the development. As it wasn’t related to an article on the September warrant, the vote wasn’t allowed, despite strenuous advocacy from multiple members.

So, this time around, there is an article on the Warrant. Accompanying the backup are letters from the Planning Board and Conservation Commission, as well as a petition signed by more than 500 residents. We’ll see how the conversation goes this time around.

General Bylaw Articles

• Article 16 - Home Rule Petition to Amend Chapter 686 of the Acts of 1970, as Amended – An Act to Amend Section 9 – Town Meeting Vacancy. - PASSED

Article 17 - Amend Burlington General Bylaws Article II – Representative Town Meeting – Section 2.1 Town Meeting Member Vacancy. - PASSED

Articles 16 and 17 are to change the procedure for providing notice about vacancies in Town Meeting. The hope is that with more notice, participation will increase.

Article 18 - Create Ad Hoc Committee – Recommend an Electronic Voting System for Town Meeting.

The Town Meeting Members at the September 23, 2023, Town Meeting expressed the need for an Electronic Voting System (EVS). This is the first step to evaluate, recommend, purchase and train Town Meeting Members on the use to the EVS. This will make voting more efficient, measurable, and transparent. - FAILED