Burlington’s fall Town Meeting will be held on Wednesday, September 27, 2023, at 7:00 PM in the BHS Fogelberg auditorium with no hybrid option; here are the articles up for discussion.

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. There is additional documentation on that website that didn’t make it into the official backup, as well, such as:

• Back up for Article #14 - Zoning
• Planning Article Zoning Definitions
• Article 14 - Automotive Uses
• Article 16 - Shared Parking

After Town meeting, This document will be updated so you can see how the votes went.

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Town Meeting, September 27, 2023

Ninety-nine of the 126 elected Town Meeting Members were in attendance via in-person or hybrid (by special permission due to medical needs) participation.

A moment of silence was held for Lois Smith Martin, long-time Town Meeting Member who passed away in August of this year.

On a happier note, Mildred Nash was celebrated for spending 50 years as a Town Meeting Member. She begin in 1973, the second year after Burlington converted from open to representative Town Meeting.

The resolution requesting that Town Meeting ask the Zoning Board of Appeals to reject the Winn View Heights II development was rejected by the moderator, citing a bylaw that states that a resolution must be related to an article that appears on the warrant. This, despite objections from some Members who cited what they considered to be ambiguous definitions in the bylaw and inconsistency in its application.

General

• Article 1 - This just says Town Meeting will hear reports from town officers and committees. We’ll hear from the Police Chief, the Human Services Committee, and possibly others.

  • Update from Town Administrator Paul Sagarino:

    • $15,500,000 PFAS remediation project is complete—a “lightning”-quick resolution to this issue. The town used ARPA funds, $1,000,000 brought in by State Representative Seth Moulton, and 0% financing from the Clean Water Trust. (Burlington has signed on to a class action lawsuit against PFAS manufacturer.)

    • $26,800,000 MWRA project—Phase 2A is complete, and 2B will be a pipe from Adams Street up Middlesex Turnpike to Mall Road; this will be brought to Town Meeting in May for authorization.

    • Police feasibility study is well underway; it can be rebuilt on its existing site with the addition of the property where the sculpture park is currently located. The town also looked at the Vine Brook Water Treatment Plant site and another parcel near the high school, but those sites are less desirable. Rough cost estimate: $43-46M. Chief Browne is available Wednesday evenings and can provide a tour to any resident who is interested in knowing the existing conditions of the building. Next up: The Select Board will appoint a building committee with residents and members of relevant Town Boards.

  • Assistant Town Administrator John Danizio came to discuss debt exclusions for: Fox Hill; Police Station; Burlington High School; Pine Glen. The placeholders we’ve had in our capital plan for these projects are insufficient. In order to avoid operational strain or operating in the red, the town is considering a debt exclusion, which is a temporary increase in taxes that lasts until the project principal and interest is paid. These are common throughout the commonwealth, but Burlington hasn’t used them in the past. The debt exclusion would go onto the ballot and voters would need to approve it.

  • Economic Development Director Melisa Tintocalis presented about the Mall Road Rezoning Initiative the town has been discussing for a while now to maintain a robust and healthy commercial tax base as the town moves into the future.
    Some barriers they’re attempting to solve for:

    • Reduced demand for office space due to remote and hybrid work

    • Shifting preferences toward walkable, open spaces with interesting things to do

    They’ve held a series of community conversations, site tours, and property owner meetings, and the next step for the project is to go from concept to street-level implementation. They’re currently working on drafts for the zoning for the proposed mixed-use districts that lay out the building types and uses the town wants to see in this area. They’ll be refining the drafts and reviewing them with Boards and Committees in preparation for a presentation at May Town Meeting.

  • The School Building Committee showed a video outlining the process thus far; nothing you don’t already know if you’ve read the Buzz In-Depth on School Buildings in Burlington. (This is an exclusive for paying Hive members, but was open for all until after last Monday’s community meeting.)

  • Nancy Bonassera introduced the Human Services Committee, which recently rebooted. This committee is focused on connecting residents with the services they need, such as housing, nonprofit groups, financial assistance, etc.

• Article 2 - Annual town election date. This is set for April 6, 2024; TM just needs to approve it. PASSED

Financial

• Article 3 - This just allows us to accept $74,907.15 from the will of Marshall Simonds to support the park. This money has been used for the care and maintenance of the park in many different ways, but most recently went (in conjunction with a donation from the Gillingham family) toward the construction of the accessible treehouse, which was completed in 2022.

General Bylaw

• Article 4 - To remove the part of the bylaws relating to Control of Toxic and Hazardous Material; this portion of the bylaws is antiquated redundant with the Board of Health regulations already in existence since May 2023. PASSED
• Article 5 - This article amends the wetland bylaws, adding in language about environmental sustainability and climate change resiliency. PASSED 57-40
• Article 6 - A housekeeping article to move the Housing Partnership from a Town Moderator (the person who runs Town Meeting) appointment to a Town Administrator (the person who manages town departments) appointment. PASSED
• Article 7 - A home rule petition asking  the state to allow Burlington to change the way Town Meeting vacancies are filled. WITHDRAWN
• Article 8 - The local companion to Article 7, updating the filling process for Town Meeting. WITHDRAWN
• Article 9 - An update to the bylaws to add the following definitions: 3.19 Remote Access; 3.20 Hybrid Meeting(s); 3.21 Virtual Meeting(s); 3.22 Newspaper(s); 3.23 Notice(s). PASSED
• Article 10 - Updating the bylaws with language allowing Town Meeting Members to opt in for the electronic dissemination of Town Meeting Warrant materials. AMENDED AND PASSED (2 no votes); the amendment was to allow TMMs to opt in to electronic delivery until the end of their time in office.
• Article 11 - A home rule petition exempting Burlington from the in-person quorum requirement for hybrid meetings. FAILED
• Article 12 - A home rule petition allowing for remote access to Town Meeting. FAILED
• Article 13 - The companion to Article 12, to amend the local bylaw to allow for remote participation and voting in Town Meeting. FAILED

Zoning Bylaw

• Article 14 - Proposed by Herb Chambers in advance of the expansion of their Kia dealership, this would allow auto dealerships in the General Business zoning district with a special permit; currently they’re not allowed and the Kia dealership is there under what is known as a “lawful pre-existing nonconforming use.” - WITHDRAWN after some abutters presented the proponent with a petition signed by 45 residents citing safety of pedestrians and nearby residents and the sightliness of the proposed building.
• Article 15 - Amending the Principal Use Regulation Schedule to fix a numbering error. PASSED
• Article 16 - This one is all about the definitions of shared parking, in an effort to not have vast amounts of unused parking spaces and to encourage environmentally friendly ways to get around. PASSED

Resolution

After they’re finished voting on the 16 Warrant Articles before them, Town Meeting members will be asked to vote on a non-binding resolution to express opposition to the Winn View Heights II project that is proposed to be built on Mountain Road. There has been much discussion about this project, and while the Select Board originally voted 2-1-1 (one member was absent that day) not to provide a letter of support to the developer, a recall vote was held with the full Board present and the vote was 3-2 in favor. However, the proponent has not requested that signature from the Select Board yet.

The proposed resolution refers in part to 30 waivers requested by the proponents of the project, “including those that relate to health and safety and community provisions that are the standard part of approving housing in Burlington.” If approved, the resolution would request that the Zoning Board of Appeals (which would be the sole permitting authority for this project, bypassing the Planning Board and Conservation Commission) reject the project at its first meeting. Read more about the project and its opposition.

That’s it! This is a short warrant, but many anticipate some conversations going long. If the body doesn’t get through the whole Warrant on Wednesday, Town Meeting will continue on Monday, October 2.