Special Town Meeting ~ November 1, 2021 ~ Here’s the Warrant!

Editor’s Note: The following text is the Town of Bedford’s Warrant for Special Town Meeting to be held at 7 pm on Monday, November 1, 2021, in the Bedford High School Auditorium. The Bedford Citizen will post relevant information from the Town, and articles by our writers in advance of the meeting. Watch your mailbox for the print copy that the Town has mailed to each resident.

Click this link to read Bedford’s Guide to Open Town Meeting to learn why it’s an important event.

Greetings—

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In the name of the Commonwealth of Massachusetts, you are hereby required to notify the legal voters of said Town of Bedford, qualified to vote at Special Town Meeting for the transaction of Town affairs, to meet in said Town in the Bedford High School Auditorium (9 Mudge Way) on Monday, November 1, 2021, at 7:00 PM.

Then and there to vote upon the following articles:

Article 1
Debate Rules

To determine whether the Town will vote to adopt the following procedure for the current Special Town Meeting:

A. The main motion having been submitted in advance, and presentations having been made available for viewing before the meeting and provided in printed form at this meeting, the main motion will be read by the Moderator and there will be no presentations.

B. No amendment shall be accepted unless submitted in writing. A speaker presenting an amendment to an article shall be limited to three (3) minutes.

C. Other speakers shall be limited to two (2) minutes.

D. Town Meeting by majority vote may waive A, B, or C;

pass any vote or take any action relative thereto.

This article sets out time limitations on presentations and debate of articles before this Town Meeting.

Recommendations
Select Board: Approval Recommended
Finance Committee: Approval Recommended

Article 2
Finance Committee Reserve Fund

To determine whether the Town will vote to reduce by $700,000 the Finance Committee Reserve Fund appropriation as voted under Article 8 of the May 15, 2021 Annual Town Meeting; pass any vote or take any action relative thereto.

This article reduces the Finance Committee Reserve Fund by $700,000, as less funding was needed for school reopening than was anticipated in May 2021.

Recommendations
Select Board: Approval Recommended
Finance Committee: Approval Recommended

Article 3
Community Preservation Surcharge—Effective July 1, 2022

To determine whether the Town will vote to reconfirm a property tax surcharge of three percent (3%) of the taxes assessed annually on real property which shall be dedicated to the Community Preservation Fund, such surcharge to be imposed on taxes assessed for fiscal years beginning on or after July 1, 2022; pass any vote or take any action relative thereto.

This article would authorize the Town to continue to levy in Fiscal Year 2023 a surcharge of three percent (3%) on property taxes to be used for purposes authorized under the Community Preservation Act, which the Town accepted in 2001. Each year the Town receives matching funds from the Commonwealth, as a result of having accepted this Act. In November 2020, the Town received a total of $561,354 from Commonwealth distributions. This total match was 32.6% based on $1,721,152 contributed by Bedford taxpayers in Fiscal Year 2020. A conservative 12% match is projected for next year because it is not known at this time how much money will be available and how many communities will be participating in the program.

Both municipal and Commonwealth funds are to be used exclusively for affordable housing, open space preservation, historic preservation, and recreation. Under the Act, municipalities are required to spend or reserve for future expenditure at least ten percent (10%) of the fund for each of the first three above purposes. The property tax surcharge may be any percentage up to three percent (3%). The Select Board is placing this article on the Warrant of this Special Town Meeting in keeping with a commitment made at the time the Community Preservation Act was accepted. If Town Meeting were to adopt any percentage other than the current three percent (3%) in effect, this change would also need approval of Bedford’s registered voters at the Annual Town Election in March 2022.

Recommendations
Select Board: Approval Recommended
Finance Committee: Recommendation to be given at Special Town Meeting
Community Preservation Committee: Approval Recommended

Article 4
Community Preservation Budget

To determine whether the Town will vote to transfer the sum of $99,601 from the Community Preservation Fund balance to the Historic Properties Preservation Fund account; pass any vote or take any action relative thereto.

This article would transfer $99,601 from the Community Preservation Fund to the Historic Properties Preservation Fund reserve account, in order to fulfill the Town’s obligation under state law to spend or reserve ten percent (10%) of Community Preservation Act dollars on historic preservation. The funding would increase the amount of funds in the Historic Properties Preservation Fund reserve account to $793,291 from its current balance of $693,690. 

Recommendations
Select Board: Approval Recommended
Finance Committee: Approval Recommended
Community Preservation Committee: Approval Recommended


Article 5
Appropriate Funds for Shawsheen Valley Technical High School Assessment

To determine whether the Town will vote to raise and appropriate $84,506 to amend the Fiscal Year 2022 appropriation “Fund 3001—Vocational Education,” under Article 8 of the May 15, 2021, Annual Town Meeting, to a sum of $859,598; pass any vote or take any action relative thereto.

This article would increase the payment Bedford makes to support the Shawsheen Valley Technical High School. The assessment increase is due to the unanticipated enrollment of seven additional students from Bedford.

Recommendations
Select Board: Approval Recommended
Finance Committee: Approval Recommended

Residential Tax Impact: $1.10

  Article 6
Appropriate Funds for Bedford Police Supervisors Association Collective Bargaining Agreement—FY2022–2024

To determine whether the Town will vote to appropriate a sum of money to fund the provisions of a collective bargaining agreement between the Town of Bedford and the Bedford Police Supervisors Association, commencing July 1, 2021, for Police Department supervisors who are members of this collective bargaining unit. Said amount to be funded by transferring the previously appropriated (May 15, 2021, Annual Town Meeting) “Fund 1220—Select Board: Reserve” to “Fund 2010: Police Department—Salaries”; pass any vote or take any action relative thereto.

This article would provide additional funds required to compensate members of the Bedford Police Supervisors Association for services rendered during Fiscal Years 2022–2024 as a result of a Collective Bargaining Agreement commencing July 1, 2021, for a three-year term.

Recommendations
Select Board: Recommendation to be given at Special Town Meeting
Finance Committee:  Recommendation to be given at Special Town Meeting

Article 7
PEG Access and Cable Expense Related Budget—Fiscal Year 2022 Additional Appropriation

To determine whether the Town will vote to appropriate $35,000 or any other sums for building expenses to operate the Public Education Governmental (PEG) Access programming for the fiscal year beginning July 1, 2021, and that in order to meet such appropriation, the Town will transfer $35,000 from the PEG Access and Cable Related Fund; pass any vote or take any action relative thereto.

This article would transfer $35,000 to Bedford Community Access Television, Inc., d/b/a Bedford TV in order to pay rent to the Town of Bedford for studio and office space at Old Town Hall, which is owned by the Town of Bedford, as outlined in the Town’s PEG Access agreement. At the November 2016 Special Town Meeting, the Town voted to establish a PEG Access and Cable Related Fund, effective July 1, 2017. Such a fund is considered a special revenue account under Massachusetts General Laws, requiring the Town to adopt an annual budget for PEG access services and other related expenses. Approval of this article would supplement the Fiscal Year 2022 budget for Bedford TV approved under Article 10 at Annual Town Meeting on May 15, 2021. 

Recommendations
Select Board: Approval Recommended
Finance Committee: Approval Recommended

Article 8
Zoning Bylaw Amendment—Section 22 Great Road District

To determine whether the Town will vote to amend the Bedford Zoning Bylaws to adopt several amendments to Section 22 “Great Road District”, as follows:

Section 22.3.4 is hereby amended in the line item of Maximum Height (stories), to add superscript of “1”, and to amend the entry in the column under GR/S to read 3/4 with superscript of “5”.

Section 22.3.4 is hereby further amended in the line item of Maximum Building Height (ft), to add a superscript of “1”, and to amend the entry in the column under GR/S to read 37/48, with superscript of “5”.

Footnote 5 applicable to Sections 22.3.4 and 22.3.5 is hereby amended to read as follows:

The greater height is only allowed by special permit from the Planning Board and is subject to the minimum side and rear setback ratio. A height increase above three stories in the GR/S subdistrict is only allowed in mixed-use developments, and only for a building that is located behind one or more commercial or mixed-use buildings facing Great Road, and that is used for multifamily housing or has housing on at least the top two floors.

Section 22.3 is hereby amended by amending the last sentence of the opening paragraph to read as follows:

Where appropriate or to accommodate unique site constraints such as irregular lot shape, slope, or wetlands, or to encourage site planning, design, and access solutions that further the goals of the Great Road district, the Planning Board may grant a special permit to waive any of the requirements in Sections 22.3.1, 22.3.2, 22.3.4 and 22.3.5 below, except for maximum building height, and subject to a finding that such special permit will better serve the public interest and foster improved site design.

Footnote 1 applicable to Sections 22.3.4 and 22.3.5 is hereby amended to read as follows:

Maximum building height may not be waived by special permit from the Planning Board.

Section 22.6.1 is hereby amended in the line item for Mixed-use, horizontal to change the use designation in the GR/C District from “N” to “SP”.

Section 22.6.2 is hereby amended in the line items for Mixed-Use Development, Horizontal and Mixed-Use Development, Vertical to insert the word “restaurant” after “personal services”.

Section 22.4.2(a) is hereby amended to read as follows:

Except as provided below, any development of 10,000 sq. ft. or more shall provide a public realm at least 10 feet wide, consisting of sidewalk, street furniture, pedestrian space and landscape planting, along the full length of the front lot line. Sidewalks shall be a minimum of five (5) feet in width and may be located wholly or partially within the street right of way. If on the lot, sidewalks shall be considered part of the minimum required landscaped open space.

Section 22.4.2(b) is hereby amended to read as follows:

Sidewalks shall be separated from the road with a three (3) foot wide landscaped buffer to protect pedestrians and create a pleasing environment, unless pre-existing conditions prevent such alignment or where MassDOT imposes a different requirement for that portion of The Great Road controlled by MassDOT. The landscaped buffer shall consist of shade trees placed at appropriate intervals and other landscaping, and street design elements such as benches, shrub, or grass. Landscaping shall be organized in clusters of plantings rather than in a rigid line along the front of the lot.

 Section 22.4.4(b) is hereby amended to read as follows:

There shall be a minimum planting zone of 3 feet between the sidewalk in front of a building and the street travel lane, unless pre-existing conditions prevent such alignment or where MassDOT imposes a different requirement for that portion of The Great Road controlled by MassDOT. Shade trees and other plantings shall be incorporated in the landscaping plan to help soften the building façade, create a protective barrier between the street and sidewalk, reduce glare, reduce storm water runoff, absorb pollutants, provide shade, create an appealing environment, and contribute to a sense of place. Selection of trees shall conform to Planning Board guidelines.

Section 22.1 is hereby amended by adding a fifth purpose statement:

22.1.5 Enable some flexibility in the application of these requirements to foster continued investment in the development and redevelopment of properties along Bedford’s “main street”.

and relocating the word “and” from the end of the third purpose statement to the fourth purpose statement.

Section 22.3.4 is hereby further amended in the line item of Minimum Façade Buildout (% lot width), to delete the superscript of “1”.

Section 22.3.5 is hereby amended to delete the superscript of “1” in the line items of Maximum Ground Fl. Entrance Spacing and Minimum Depth, Common Spaces.

Section 22.4.2 (c) is hereby amended to insert the words “or beside” before “the sidewalk”.

Section 22.4.2(e) is hereby amended to change the word “feasible” to “infeasible”.

Section 22.4.3(e) is hereby amended to read as follows:

To encourage sidewalk connections between adjacent properties at the street by eliminating curb cuts on Great Road, the Planning Board may waive the maximum lot width-depth ratio, fenestration, or minimum façade buildout requirements, or any combination thereof, in Section 22.3.

Section 22.4.8(h) is hereby amended to strike the word “with”.

pass any vote or take any action relative thereto.

This Article proposes a series of amendments to Section 22 of the Zoning Bylaw governing the Great Road Districts. The proposed changes are presented in order of policy magnitude rather than in numeric order.

  • The ability to allow a fourth story in the Shawsheen Subdistrict is reintroduced. The criteria to achieve a fourth story is that such building must be “behind” another building with street presence and that the 3rd and 4th stories can only be residential uses. The comparatively shallow depth of most properties suggests that the Mead property at 32 Shawsheen Avenue and the Great Road Shopping Center are the only two properties where a rear building with a fourth story could be proposed, because the side and rear setbacks also increase in relation to height. This concept achieved majority support at Town Meeting in 2018, but not the required 2/3 majority for adoption.
  • Planning Board power to modify certain dimensional criteria by special permit is proposed to be expanded, where appropriate to better serve the public interest and/or foster better site design in the redevelopment of properties in the four subdistricts that comprise the Great Road District. However, two key criteria for maximum height and minimum landscaping percentage cannot be altered.
  • Horizontal mixed use is proposed to be available to properties in the Great Road/Town Center District, which will help to preserve existing barns and similar buildings in that subdistrict.
  • “Restaurant” is proposed to be an allowed use in both vertical and horizontal mixed use. It was always intended that dining options be encouraged but this was not explicitly stated in the bylaw.
  • There are clarifications to create better consistency about interpretation of minimum formal sidewalk width, landscape buffer, and “public realm”. The general intent is for there to be a minimum 3’ landscape buffer/snow shelf between edge of street and sidewalk, a 5’ minimum sidewalk width (consistent with handicapped accessibility minimum standards) and a minimum total depth of 10 feet as pedestrian realm (gathering space) between the street and the building façade, which could include additional landscaping, street furniture, or other public amenities in addition to the formal sidewalk.
  • An additional purpose statement related to flexibility in the application of the rules will be added.

The remaining changes either provide clarification, improve grammar, or correct typographical errors. 

 An annotated version of the proposed amendments is available on the Town Meeting webpage and on the Planning Board section of the Town Website at www.bedfordma.gov/planning, and printed copies will be available at Special Town Meeting.

Recommendations
Select Board:    Approval Recommended
Finance Committee:  Approval Recommended
Planning Board:     Approval Recommended

and you are directed to serve this Warrant by posting attested copies thereof at the Town Hall and in at least three (3) other public places in the Town at least fourteen (14) days before the time of said meeting.

Hereof fail not and make return of this Warrant with your doings thereof at the time and place of said meeting. Given under our hands on this 27th day of September in the year Two Thousand Twenty-One.

SELECT BOARD OF BEDFORD

MARGOT R. FLEISCHMAN, CHAIR

BOPHA T. MALONE                                         EMILY J. MITCHELL

WILLIAM S. MOONAN                                     EDWARD M. PIERCE

Guidelines for Civil Discourse

The Town of Bedford respects and recognizes each citizen’s right to free speech.  In order to guarantee all people’s right to free speech and to ensure productive civil discourse, we request that all citizens respect the following guidelines.

 

Show respect for others.

Discuss policies and ideas, not people.
Only one person should be speaking at any given time.
Use helpful, not hurtful language.

Speak as you would like to be spoken to.   

Use courtesy titles (Mr., Ms., Sir, etc.) and ask if unsure.
Restate ideas when asked.
Use a civil tone of voice.

Agree to listen.

Respectfully hear and listen to differing points of view.
When unsure, clarify what you heard.
Realize that what you say and what people understand you to have said may be different.
Recognize that people can agree to disagree.

Speak for yourself, not others.

Speak from your own experience.
Use “I” statements (“I think that the ideas presented…”).

Follow agreed-upon guidelines regarding who speaks when and for how long.

 

 

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