Brookline Select Board Meeting - October 20, 2026 2026-10-14 [10:20] Heat. Heat. [11:58] Heat. [12:36] Heat. Heat. [13:35] Oh, [13:54] you [14:04] Heat. [15:46] Heat. Heat. [16:04] Heat [16:09] up [16:22] here. [16:34] Heat. [16:47] Oh, [17:04] heat, heat. [17:10] Heat. [18:15] Heat. Heat. [18:39] Yeah. [18:52] Heat. [19:30] Heat. Heat. Heat. [19:54] Heat. Heat. [21:00] Heat. [21:29] Heat. Heat. [21:48] Heat. [22:35] Heat. Heat. [23:05] session. I move that we go into an [23:08] executive session pursuant to general [23:10] law chapter 38 section 21A3. [23:13] Purpose three, for the purpose of [23:15] discussing litigation strategy related [23:18] to a claim by Anthony Wono, Alec Levitz, [23:21] Joslyn Murphy, Richard Murphy, and [23:22] Denell Shawn O'Neal, senior seeking [23:25] reimbursement for attorneys fees [23:26] following an investigation into [23:28] potential violations of town policies [23:30] and state laws and uh also for approving [23:35] meeting minutes from four different [23:37] meetings. [23:38] Bernard, [23:39] yes. [23:40] Michael, [23:40] yes. [23:41] Amanda, [23:42] yes. Anthony, [23:43] yes. [23:43] And I also vote yes. And then we will [23:46] return to open session upon the [23:49] conclusion of our executive session. [30:20] Heat. Heat. [1:03:29] Heat. [1:21:48] Heat. Heat. [1:23:04] Heat. [1:23:17] Oh, [1:23:30] heat, [1:23:33] heat. [1:23:40] Heat. Heat. [1:26:12] Heat. [1:26:52] Back everyone. We have returned from our [1:26:54] executive session. As you may notice, we [1:26:57] have a table in front of us with the [1:26:59] board of library trustees. We will be [1:27:01] having a joint convention with them to [1:27:04] appoint two new library trustees at [1:27:07] approximately 7:00. But before then, we [1:27:11] have some other agenda items exclusively [1:27:14] of the select boards domain to get to [1:27:16] first. So, uh we will now move to [1:27:20] announcements and updates. Do any select [1:27:22] board members have announcements or [1:27:23] updates? Amanda, [1:27:25] I have three of them. Uh, the first one [1:27:28] is next Wednesday, October 28th, from 5 [1:27:30] to 7 PM, Vin Vinfens's Gateway Arts will [1:27:34] host a closing reception for [1:27:36] Representing Unity, their fall [1:27:37] exhibition presented in partnership with [1:27:39] Brooklyn Public Library. A rich range of [1:27:42] recent paintings and embroidery created [1:27:44] by Gateway artists comprise this [1:27:46] exhibition in the main library's Henman [1:27:48] Hall, which closes on October 30th. So, [1:27:51] go check it out. Uh, the second [1:27:53] announcement is this coming Sunday, [1:27:55] October 25th from 10:00 a.m. to 2 pm at [1:27:58] the Brookline Golf Course is Brookline [1:28:00] Rex Harvest Fest. Harvest Fest is a [1:28:02] festive celebration of fallen community [1:28:04] featuring live entertainment, local farm [1:28:06] stands and artisans, food vendors and [1:28:08] trucks, local crafts and artists, and [1:28:10] other family-friendly activities. Oh, [1:28:12] including inflatables and pumpkin [1:28:14] decorating among other things. Uh, the [1:28:17] last announcement is also on Sunday, [1:28:20] October 25th. is the Lincoln School's [1:28:22] Public Fest. Pumpkin Fest I can speak [1:28:25] from 12 pm to 4 pm. Uh it is their [1:28:28] largest annual carnival day packed with [1:28:31] family fun, food, rides, games, and [1:28:33] prizes. [1:28:35] All right. Thank you. Anyone else? [1:28:36] Bernard. [1:28:37] Yes. Uh reminder, coming up next week, [1:28:41] the onewoman play, One Minute of [1:28:43] Freedom, October 29 at 6:30 p.m. at [1:28:46] Hunaman Hall, Main Library, presented by [1:28:49] the MLK Celebration Committee, the [1:28:51] Indigenous People's Celebration [1:28:53] Committee, and the Office of Diversity, [1:28:55] Equity, Inclusion, Community Relations [1:28:57] as part of the town's 250th anniversary [1:29:01] of the Declaration of Independence. Now, [1:29:03] um this is a story about a woman, um [1:29:07] Elizabeth Freeman, who was called [1:29:09] Mumbette, uh and it and she uh overheard [1:29:14] uh her um enslaver and other people in [1:29:18] the community talk about the rights of [1:29:20] men, all men are born and free, etc., [1:29:22] etc., etc. Um and um she overheard a [1:29:26] recitation of the Massachusetts [1:29:28] Constitution where similar words were [1:29:30] were um were in it. So she said, "Hey, [1:29:33] that sounds really good and it probably [1:29:36] applies to me." So she filed a lawsuit [1:29:39] and won. And while this was after the [1:29:43] Declaration of Independence, I think [1:29:44] it's really appropriate for our [1:29:46] celebration of the 250th anniversary [1:29:49] because Met took the words seriously [1:29:54] whereas many of the revolutionaries sort [1:29:57] of use them as just mere talking points. [1:29:59] Um, so I think it's going to be a very [1:30:02] interesting uh play as well as important [1:30:05] um uh have a lot of important things to [1:30:08] say about our 250th anniversary of the [1:30:11] declaration. So thank you. Anyone else? [1:30:15] All right. So with that we will move to [1:30:17] our next agenda item which is public [1:30:19] comment. Melanie if you can review the [1:30:21] terms of engagement. [1:30:23] Thank you for joining us for public [1:30:25] comment. This is an opportunity for us [1:30:27] to hear your perspective on the issues [1:30:29] in Brooklyn that matter to you. Each [1:30:31] person speaking tonight is limited to [1:30:32] three minutes. You don't need to use the [1:30:34] entire time, but you may if you like. [1:30:37] Once 15 minutes has been met, there is [1:30:38] an opportunity at the conclusion of the [1:30:40] select board's business for additional [1:30:42] comments. Members of the public [1:30:44] sometimes raise questions during public [1:30:46] comment. We may be able to provide a [1:30:48] quick answer to a question, but are more [1:30:49] likely to work with staff to get a more [1:30:51] thorough answer and respond over email. [1:30:53] The onscreen timer will flash orange [1:30:55] when you have 60 seconds remaining and [1:30:57] red when your time is nearly up. Please [1:30:59] conclude your remarks at that time. If [1:31:01] you have more to say, you're welcome to [1:31:03] send an email to board members [1:31:04] expressing your thoughts in greater [1:31:05] detail. [1:31:07] Any person wishing to speak must begin [1:31:09] their comment by identifying themselves [1:31:10] with their full name, either their [1:31:13] Brooklyn precinct number or street [1:31:14] address, and the specific topic on which [1:31:17] they wish to speak. The board encourages [1:31:19] but does not require that remote users [1:31:20] turn their video on when commenting. Has [1:31:24] anyone signed up in advance? [1:31:26] Not for general public comment. [1:31:28] All right. Would anyone in the room like [1:31:30] to participate in public comment for an [1:31:33] item that uh does not pertain to any of [1:31:35] our Warren article hearings? [1:31:38] All right. Seeing none, anybody online, [1:31:42] please raise your virtual hand if you [1:31:44] would like to participate in public [1:31:45] comment. [1:31:48] There are none. So with that, we will [1:31:50] then move to our next agenda item. [1:31:52] Miscellaneous approval of miscellaneous [1:31:54] items, licenses, and contracts. Uh, [1:31:58] beyond the meeting minutes, which we [1:32:00] always vote separately, do any members [1:32:02] have any questions regarding items 6B [1:32:06] through 6 I. [1:32:09] Seeing none, I will go ahead and move [1:32:11] approval of the meeting minutes from [1:32:13] October 6, 2026, subject to Michael's [1:32:17] revisions. Bernard, [1:32:18] yes. [1:32:19] Michael, [1:32:20] yes. [1:32:20] Amanda, [1:32:21] yes. Anthony, [1:32:22] yes. [1:32:22] And I also vote yes. I'll now move in [1:32:26] omnibus fashion items 6B through 6 I for [1:32:30] approval. Bernard, [1:32:31] yes. [1:32:32] Michael, [1:32:32] yes. [1:32:32] Amanda, [1:32:33] yes. [1:32:34] Anthony, [1:32:34] yes. [1:32:35] And I also vote yes. With that, we will [1:32:38] now move to grant of location public [1:32:41] hearing. question of approving the [1:32:43] petition of NStar Electric Company doing [1:32:46] business as Eversource Energy for [1:32:48] permission to construct and a location [1:32:51] for underground conduit in Hammond [1:32:53] Street running northwesterly from [1:32:56] MH19799 [1:32:58] at the intersection with Sheff Street, a [1:33:00] distance of about 57 ft to private [1:33:03] property at 1182 1188 Boilston Street. [1:33:07] Do we have anyone here who will offer [1:33:11] some additional explanation on this [1:33:13] item? [1:33:15] Good evening. This is Emmy Mweeny from [1:33:17] Eversource. [1:33:18] Um we're requesting this grant of [1:33:20] location tonight so we're able to [1:33:22] install approximately 57 ft of conduit [1:33:25] in Hammond Street which is necessary to [1:33:27] provide service to 1182 Boilson Street [1:33:30] which is going to be the citizens bank. [1:33:35] All right. Thank you. And any questions [1:33:38] from board members? Amanda? [1:33:39] Yeah, I am wondering how the timing of [1:33:42] this work is going to align with the [1:33:44] timing of the Hammond Street uh repaving [1:33:48] project to make sure that this happens [1:33:50] before they repave. [1:33:53] I know I know construction's very eager [1:33:55] once this is approved to get out there. [1:33:57] So, as soon as this is approved and I [1:33:59] can I can notify them, they're probably [1:34:01] going to contact DPW for a permit to [1:34:03] start. And from my understanding, it's [1:34:05] going to take about five days for [1:34:07] duration. [1:34:09] Hi. Yes, this is Sam DS, deputy director [1:34:11] of engineering. Um, thank you to the [1:34:13] select board for taking this item early [1:34:16] and that is the exact reason why we [1:34:19] requested it be on the select board [1:34:21] agenda for tonight versus the licensing [1:34:23] hearing hearing tomorrow which would [1:34:25] then be at your select board meeting the [1:34:27] following week. [1:34:30] Anyone else? [1:34:32] All right. As this is docked for a [1:34:34] public hearing, let us open a public [1:34:36] hearing into uh this agenda item, the [1:34:41] grant application. Is there anyone in [1:34:43] the room who would like to be heard [1:34:45] regarding NSTAR's request? [1:34:50] Seeing none, anyone online who would [1:34:52] like to be heard? [1:34:55] All right, then we will close the public [1:34:57] hearing. I move approval of NSTAR's [1:35:01] petition to construct the underground [1:35:04] conduit as previously described. [1:35:06] Bernard, [1:35:06] yes. [1:35:07] Michael, [1:35:08] yes. [1:35:08] Amanda, [1:35:09] yes. [1:35:09] Anthony, [1:35:10] yes. [1:35:10] And I also vote yes. Now, we are 10 [1:35:13] minutes early, so we can't yet go to the [1:35:15] joint convention with the library board [1:35:17] of trustees. My suggestion would be that [1:35:20] we jump to item number 12, uh, board and [1:35:23] commissioned appointments. Uh, so we [1:35:26] have a couple items there that are not [1:35:28] as time-sensitive. So the first one is [1:35:31] to appoint Clint Richmond to a [1:35:35] three-year term on the Solid Waste [1:35:37] Advisory Committee. Uh, does anyone want [1:35:40] to be heard on this? All right. I will [1:35:42] go ahead and move that we appoint Clint [1:35:44] Richmond to the Solid Waste Advisory [1:35:46] Committee for a three-year term expiring [1:35:49] August 31st, 2029. [1:35:52] Bernard, [1:35:53] yes. [1:35:53] Michael, [1:35:54] yes. Amanda, [1:35:55] yes. [1:35:55] Anthony, [1:35:56] yes. [1:35:56] And I also vote yes. [1:35:59] One question. How many more open seats [1:36:01] do we need to fill on that committee? [1:36:03] Uh, there's currently two vacancies. [1:36:05] Two vacancies. So, if you are interested [1:36:07] in serving on the solid waste advisory [1:36:09] committee, please submit an application. [1:36:13] All right. [1:36:15] Next is item 12B, review and possible [1:36:18] vote on correcting term expiration dates [1:36:22] for transportation board members. Uh so [1:36:25] my understanding here is that we uh the [1:36:29] collective we have made an error in the [1:36:32] past regarding expiration terms for [1:36:35] transportation board members. uh state [1:36:37] statute governs uh the transportation [1:36:40] board and under state statute terms [1:36:43] should expire the last day of May. So [1:36:46] what we are [1:36:47] I think it's the first Monday in May. Ch [1:36:50] first Monday May. [1:36:51] Yes. Right. So it's so they have to [1:36:53] actually right they should expire the [1:36:54] first Monday in May. [1:36:56] All right. My apologies. [1:36:57] Um or the or the day before the first [1:36:58] Monday in May. [1:37:00] So the first Monday of May is the [1:37:02] expiration. [1:37:03] No the day before the [1:37:04] day before the first Monday. Monday in [1:37:06] May because the first Monday in May is [1:37:07] the first date of the next term. [1:37:11] I see. Okay. [1:37:14] Which which could be the first Sunday in [1:37:18] May but not isn't necessarily. [1:37:21] So the the what I would suggest here and [1:37:24] I'll try and frame this in terms of a [1:37:26] motion. So right now you have six [1:37:27] members of the transportation board each [1:37:29] of whom there uh two of two of each are [1:37:31] elected on a staggered basis. So their [1:37:33] terms right now end in 27, 28 and 29. So [1:37:37] what I would suggest is that for there [1:37:39] you um move that their terms um be [1:37:44] modified to end on the uh Sunday on on [1:37:49] the day before the first Monday of May [1:37:51] in 2027, 2028 and 2029 respectively. Um [1:37:55] and that be the motion um with the uh in [1:37:59] terms of the practical implications of [1:38:01] this. However, um the suggestion would [1:38:05] be um for the board to do it they all [1:38:09] what you always do when there's um a [1:38:12] seat that expires but there's no one [1:38:14] necessarily there to u take it up or to [1:38:16] be reappointed which is that the current [1:38:18] person just continues in that role. Um [1:38:21] and then at the end of the summer when [1:38:23] you deal with appointments for everyone [1:38:24] else you will just appoint someone to [1:38:27] fill that transportation board term. [1:38:29] either reappoint the person who's there [1:38:31] or if they're stepping down or you're [1:38:32] going a different direction, what have [1:38:34] you. Um, you reappoint whoever or you [1:38:37] appoint or reappoint whoever that person [1:38:38] is for a term beginning retroactively [1:38:41] the first uh Monday in May of that year. [1:38:44] So, you're not cutting anyone's term [1:38:47] short. Um, you still have fully intend [1:38:49] to let them serve the full three years [1:38:51] from when they were appointed. All of [1:38:53] these folks were appointed in the end of [1:38:54] the summer, start of the fall. It's just [1:38:56] that in order for there to be compliance [1:38:58] with the statute, you are making their [1:39:01] term uh their their formal term clear. [1:39:06] All right, Amanda, go ahead. [1:39:07] The only point I was going to make is it [1:39:09] might actually be beneficial to have a [1:39:12] board or commission that is not at the [1:39:14] August 31st deadline so that we could [1:39:17] actually run this board's interviews [1:39:20] earlier. Um, even though it's nice to [1:39:23] have everything at the same time, but [1:39:25] instead of jumping through the [1:39:26] retroactive [1:39:28] placement to on a perpetual basis, we [1:39:31] could just aim to fill them earlier [1:39:34] going forward. [1:39:36] You certainly that's definitely [1:39:37] something you can do. I think the only [1:39:38] the only thing that gives me pause there [1:39:40] is, you know, you've got warrant article [1:39:41] nine in this um warrant that allows you [1:39:46] to have a lot more leeway about when you [1:39:48] appoint transportation board members in [1:39:50] order for you to be able to be compliant [1:39:52] with your own schedule or to your point [1:39:54] to kind of if you want to hold the [1:39:56] process out separately, you certainly [1:39:57] can do that. Um, the concern, the only [1:40:01] concern that I'd flag there is the [1:40:02] statute as it was passed in the 70s is [1:40:06] designed to ensure that transportation [1:40:08] board members are in place before local [1:40:10] elections. That's why it's the first [1:40:12] Monday in May. Um, because elections [1:40:16] happen the first Tuesday in May except [1:40:18] if Tuesday is the first day of the [1:40:19] month. Um so um it's designed to [1:40:23] basically mean that transportation board [1:40:26] members are appointed before a select [1:40:28] board uh before select board votes [1:40:30] happen. And then thus there's then the [1:40:32] possibility that um an outgoing select [1:40:35] board member could select could be the [1:40:37] deciding vote for someone and then a new [1:40:39] select board comes in and that [1:40:41] transportation board member is insulated [1:40:43] from uh the desires of the new select [1:40:48] board. Now again in the 1970s that was [1:40:51] by design, right? They wanted the [1:40:52] transportation board insulated from that [1:40:54] choice and so you can certainly do it [1:40:56] that way. Um but you don't have to. So [1:40:59] it's just a question of your preference [1:41:03] and we probably don't need to decide [1:41:05] that right now anyways. [1:41:06] No, you don't. [1:41:07] All right. Anyone else want to be heard [1:41:09] before we take a vote on this? All [1:41:12] right. So, I will go ahead and move that [1:41:16] we correct the term expiration dates for [1:41:19] transportation board members to the [1:41:22] final day before the first Monday in [1:41:25] May. And we are not altering the years [1:41:28] in which any current transportation [1:41:31] board members term expires. [1:41:33] Bernard, [1:41:34] yes. [1:41:34] Michael, [1:41:35] yes. [1:41:35] Amanda, [1:41:36] yes. [1:41:37] Anthony, [1:41:37] yes. [1:41:38] And I also vote yes. Uh while we're on [1:41:41] the topic of the transportation board, I [1:41:43] also uh want to take this moment to make [1:41:45] sure that our uh transportation board [1:41:49] members, all six of them, and also [1:41:51] recent transportation board members plus [1:41:54] staff uh understand that uh I and all of [1:41:58] us very much appreciate them and the [1:42:01] discussion that was had when we [1:42:03] appointed a new member earlier this [1:42:06] month. Uh, by no means uh did I intend [1:42:09] with any of my remarks to denigrate the [1:42:12] hard work that transportation board [1:42:14] members current and past have uh [1:42:17] contributed or support staff? [1:42:20] All right, it's still not quite 7 [1:42:22] o'clock. [1:42:24] Uh, can we take up 14? [1:42:28] Yes, I think we can do that. [1:42:30] All right. So, possible vote on warrant [1:42:34] articles for the November 2026 special [1:42:36] town meeting. Warrant article 19 is the [1:42:38] Commonwealth of Massachusetts flag [1:42:40] resolution that was presented to us at [1:42:43] the prior meeting. Does anyone have any [1:42:45] remarks that they would like to make on [1:42:46] this before voting? [1:42:49] Go ahead, Michael. [1:42:49] I'm supportive. [1:42:50] All right. So with that, uh, Michael is [1:42:55] moving that the select board recommend [1:42:58] favorable action on Warren article 19. [1:43:02] Bernard, [1:43:02] yes. [1:43:03] Michael, [1:43:04] yes. [1:43:04] Amanda, [1:43:05] yes. [1:43:05] Anthony, [1:43:06] yes. [1:43:06] And I also vote yes. We have time to do [1:43:10] another one. [1:43:11] Article 3 is ready if you're ready, if [1:43:12] you're ready for it. [1:43:13] All right. Any further discussion [1:43:16] regarding warrant article 3 FY27 budget [1:43:19] amendment? This is 14 C. So, I just want [1:43:21] to um update you that I had said that I [1:43:23] was going to bring an additional motion [1:43:25] on the article um after working with the [1:43:28] council on aging on some of the vehicle [1:43:30] needs. There's a memo in the packet that [1:43:32] describes that motion basically [1:43:33] repurposing prior year transportation [1:43:36] network company funds to support the [1:43:38] purchase of a van. Uh and then we also [1:43:40] needed to make an adjustment to debt [1:43:42] service because we um were not able to [1:43:44] borrow in the spring like we normally do [1:43:46] uh because our audit wasn't complete. [1:43:48] It's complete now. We're going to do a [1:43:50] short-term uh bond anticipation note [1:43:53] next month. Um and so we had to adjust [1:43:55] our debt service budget um and basically [1:43:58] reduce revenue and then reduce the [1:44:00] expense by the same amount. It's all [1:44:01] described in the memo that's in your [1:44:03] packet. [1:44:03] All right. And this language is all [1:44:05] reflected [1:44:05] and the motion is also set forth in the [1:44:07] memo as well. [1:44:08] Okay. All right. So I will go ahead and [1:44:11] well any further discussion. All right. [1:44:13] I'll go ahead and move that the uh [1:44:15] favorable action on warrant article [1:44:18] three. [1:44:19] Do we need to move to reconsider? [1:44:21] I don't think we voted on [1:44:22] voted because it wasn't right. [1:44:24] Okay. [1:44:25] Bernard, [1:44:25] yes. [1:44:26] Michael, [1:44:26] yes. [1:44:27] Amanda, [1:44:27] yes. [1:44:28] Anthony, [1:44:28] yes. [1:44:29] And I also vote yes. [1:44:31] Thank you. [1:44:33] Now you're on perfect timing or a minute [1:44:35] almost. [1:44:40] Well, before we officially get started, [1:44:42] I'd like to uh welcome the board of [1:44:44] library trustees. Uh it appears that we [1:44:47] have almost all of them present. So, [1:44:48] thank you for coming here. Uh would you [1:44:51] each like to introduce yourselves to the [1:44:52] public? Go ahead to the chair. [1:44:55] All right. [1:45:06] All right. Do are there any trustees [1:45:08] online? [1:45:08] Yes, [1:45:11] is online. Yes. [1:45:13] All right. So, why don't we go ahead now [1:45:15] and get started on the joint convention [1:45:18] with library board of trustees. [1:45:22] Uh to begin the proceedings, we first [1:45:25] need to elect a chair for the joint uh [1:45:30] convention. I'm going to go ahead and [1:45:32] nominate uh Judith Goldman uh to run [1:45:35] this. And so obviously as chair of the [1:45:37] board of library trustees, she'll be [1:45:39] most familiar with the candidates and [1:45:41] this process. Uh are there any other [1:45:45] nominations? [1:45:48] All right, seeing none, why don't we go [1:45:50] ahead and take a vote on that. Bernard, [1:45:52] yes. [1:45:53] Michael, [1:45:53] yes. [1:45:54] Amanda, [1:45:54] yes. [1:45:55] Anthony, [1:45:56] yes. [1:45:57] Michael, [1:45:58] yes. [1:45:59] Cassan, [1:45:59] yes. [1:46:00] Kristen, [1:46:01] Marissa, [1:46:02] yes. [1:46:03] Uh, Chris, yes. [1:46:05] Chris, okay, [1:46:06] Petra? [1:46:08] Uh, and I'm sorry, [1:46:10] Amy. [1:46:14] Chris. [1:46:17] All right, [1:46:18] Juth. [1:46:20] Felina, [1:46:24] yes. [1:46:24] And I also vote yes. All right, it's [1:46:27] your show. [1:46:28] Thanks very much. Our next order of [1:46:31] business, [1:46:41] secretary [1:46:42] of the board, I believe. [1:46:53] We have somebody online. [1:46:55] Yes. One. [1:46:56] So, can we do this by show of hands or [1:46:58] do we have to do it by [1:47:06] We'll have to do a roll call. [1:47:11] Yes. [1:47:12] I'm going to take [1:47:19] those favor. [1:47:26] We need a mic for you. [1:47:34] Thank you. Hope you can hear me. [1:47:37] Um, Petra Byami, [1:47:38] Anthony Bonano, [1:47:40] yes. [1:47:40] Michael Burstein, yes. Chris Chen [1:47:41] Sulkit. Judy Gleman. [1:47:43] Yes. [1:47:43] Bernard Green. [1:47:44] Yes. [1:47:45] Kristen Hung. [1:47:45] Yes. [1:47:46] Amy Newell. [1:47:47] Yes. [1:47:47] David Pearlman. [1:47:48] Yes. [1:47:48] Michael Rubenstein. [1:47:50] Yes. [1:47:50] Felina Silver. [1:47:52] Yes. [1:47:53] Marissa Vote. [1:47:54] Ceasan Zelka. Yes. [1:47:56] Amanda Zimmerman. [1:47:57] Yes. [1:47:57] Kristen Hung is the clerk. [1:48:01] Okay. Thank you. Welcome everybody to [1:48:03] the joint convention. We have begun. Um [1:48:08] we have five candidates this evening who [1:48:11] have previously been interviewed by the [1:48:14] board and um those two who are selected [1:48:20] will serve until May 2026 at which point [1:48:24] excuse me 27 at which point they may uh [1:48:28] they must run for office if they wish to [1:48:30] continue. Um each candidate has been [1:48:34] asked to speak for four minutes or less [1:48:38] to the question, what will you bring to [1:48:40] the board um of library trustees if [1:48:42] appointed? We will go in alphabetical [1:48:45] order. Please come to the podium. Does [1:48:47] that mic work? [1:48:48] Yes. [1:48:48] Okay. So you can speak into the mic and [1:48:51] will you be do you have a four minute? [1:48:56] I can [1:48:57] adjust. [1:48:58] I can do a fourinut timer. [1:49:00] Okay, why don't you do that, Michael? [1:49:03] Um, okay. And Pew, you are our first [1:49:07] candidate. Please come to the podium. [1:49:15] Good evening. I am Ann de Pew. Thank you [1:49:18] to everyone participating tonight and [1:49:27] thank you to everyone who is [1:49:29] participating tonight and everyone who [1:49:31] has spent so much time and effort um on [1:49:35] the process of filling these vacancies [1:49:37] of filling these vacancies. [1:49:41] I appreciate that I live in a town that [1:49:43] supports the library and that I have [1:49:45] elected representatives uh who care so [1:49:48] deeply and work so hard in support of [1:49:51] the library. It's really been a [1:49:53] privilege to participate in this [1:49:55] process. So, thank you. The most [1:49:57] important thing I would bring to the [1:49:59] board is a love of the library and a [1:50:01] commitment to supporting it with the [1:50:03] skills I have built professionally and [1:50:05] in other prof other other volunteer [1:50:08] experiences. [1:50:10] It sounds as though my experience [1:50:12] creating and implementing strategic [1:50:14] plans and providing financial and policy [1:50:17] oversight in organizations [1:50:20] is a good fit for what the board is [1:50:22] working on. [1:50:24] If you have questions about what you've [1:50:27] read in my cover letter and resume or [1:50:29] what we discussed on October 7th, I'm [1:50:32] happy to answer them. But if there [1:50:34] aren't any, I'd just like to talk about [1:50:36] a few things that it's hard to put on [1:50:38] paper. [1:50:41] All right. I was a kid who spent a lot [1:50:44] of time in libraries. I was encouraged [1:50:46] and supported by library staff and I [1:50:50] felt that whatever else was happening [1:50:52] around me and in my life, uh the library [1:50:55] was a safe place to be and a place I [1:50:58] could explore and learn. [1:51:01] My primary goal uh in seeking this [1:51:04] appointment is to support the director [1:51:07] as she works to ensure that others feel [1:51:10] that same sense of belonging. [1:51:13] Everyone who visits each time they visit [1:51:16] should feel included. [1:51:19] Further, I want someone who currently [1:51:21] does not visit or does not avail [1:51:24] themselves of the services of the [1:51:25] library or does not feel supported when [1:51:28] they visit to feel that they belong. [1:51:32] Well, I certainly have a lot of ideas [1:51:34] about how to do that and other things. I [1:51:37] also know that the role of a board [1:51:39] member is to listen carefully to her [1:51:42] constituents about what they want from [1:51:44] the library and at the same time listen [1:51:47] to the professional staff as they [1:51:50] balance all the needs that continue to [1:51:53] expand. [1:51:54] My professional training provides the [1:51:56] skill and experience that make listening [1:51:59] to all perspectives, [1:52:01] recognizing the varied incentives [1:52:03] involved, clearly communicating the [1:52:06] priorities of different groups and [1:52:09] finding common ground possible. [1:52:12] Further, my experience of serving on [1:52:14] boards in a variety of roles has taught [1:52:17] me a lot about being in an oversight [1:52:19] role which lies at the intersection of [1:52:21] different needs and priorities. Passions [1:52:24] rung strong these days and I think I can [1:52:27] bring the experience of listening and [1:52:29] pulling common threads from very strong [1:52:31] opinions to this board. I am continually [1:52:35] amazed at the varied and diverse roles [1:52:37] the library plays in our town. I also [1:52:40] see the role the three library spaces [1:52:42] play for many in our community who [1:52:45] experience the library as a place of [1:52:47] respit, possibilities, [1:52:50] and warmth or cooling this summer. My [1:52:53] goal is to give back to Brooklyn and to [1:52:55] support the library so that staff have [1:52:57] the training and support they need to [1:53:00] attend to the needs I see and those I [1:53:03] currently am not even aware of. The [1:53:05] library really is on the front line and [1:53:08] I would like to support its work by [1:53:10] having a seat on the board. Thank you. [1:53:18] Okay. Um Joey Lazmore, it's your turn. [1:53:30] Um, [1:53:33] thank you, uh, Chair Gleman and, um, [1:53:36] Chair Pearlman and the rest of the [1:53:39] members of the select board and the [1:53:41] library board of trustees for having me [1:53:43] here, um, and giving me the opportunity [1:53:46] to speak today. [1:53:48] In my resume and cover letter, I [1:53:50] described how this board is made strong [1:53:53] by its diversity of perspectives and how [1:53:56] my unique perspective will directly [1:53:58] serve that strength. I described how [1:54:00] despite my short work history, my [1:54:03] experience working as library staff and [1:54:05] relying on the public library um as a [1:54:08] patron will shape my decision-making on [1:54:10] the board. And I also described how my [1:54:12] experience with both public service and [1:54:14] direct service intersects in the library [1:54:17] field. But what I can bring to the board [1:54:20] goes beyond my experiences and diverse [1:54:22] perspectives. It is less tangible. I [1:54:25] will bring my future, my stake in what [1:54:27] Brooklyn will become. Brooklyn is the [1:54:30] town that raised me. Our library [1:54:32] provided a nourishing space when I was [1:54:34] young and right up until those many 9:00 [1:54:37] p.m. school night closing times. It gave [1:54:39] me a place for me and my BHS peers to [1:54:41] grow and belong. Brooklyn will continue [1:54:44] to be my home. And I want this town and [1:54:46] this library to be there for my future [1:54:48] like it was for my past. And I want my [1:54:50] kids to have an education shaped by the [1:54:53] library just like mine. But I know this [1:54:55] will all inevitably change. Right now, [1:54:57] everything around us is undergoing rapid [1:54:59] change. You are all familiar with many [1:55:02] of these impending changes as you [1:55:04] currently wrestle with them in the [1:55:05] administration of our town and library. [1:55:08] Um some include unpredictable [1:55:11] technologies such as AI making um us [1:55:14] question the future of labor and people [1:55:16] like me even question our you know [1:55:18] education system. demographic shifts, [1:55:21] growing wealth inequality, and housing [1:55:22] insecurity, shifting the roles and [1:55:25] funding for um public institutions, and [1:55:29] increased polarization, turning federal [1:55:31] funding for library programs into [1:55:33] political chess pieces to be removed at [1:55:35] any moment by President Trump. I don't [1:55:38] pretend to be an expert on any of these [1:55:40] changes, but I can confidently say that [1:55:43] I am living through them firsthand, and [1:55:45] in the coming decades of my life, [1:55:46] Brookline will continue to be shaped by [1:55:48] these changes. There is no saying [1:55:50] whether the town and library that raised [1:55:52] me will be the same for the younger [1:55:54] siblings of my peers. But I know these [1:55:56] institutions will not be the same for my [1:55:58] children. [1:56:00] This is the uncertainty that all of us [1:56:02] in Brooklyn face and it is the [1:56:04] uncertainty which will shape what I can [1:56:06] bring to the board. The library will not [1:56:08] be the same in the face of these [1:56:10] changes. We cannot pretend that it will. [1:56:12] But whether the change is for the better [1:56:14] or for the worse is in this board's [1:56:16] hands. And because I acknowledge that [1:56:19] change will continue, I have become [1:56:20] devoted not to stop it, rather to make [1:56:24] sure it is in our benefit. If appointed, [1:56:27] my stake in the town's library in the in [1:56:29] the in our town and our library's future [1:56:31] will force me to make decisions with a [1:56:34] long-term in mind. It will force me to [1:56:36] make decisions informed by my experience [1:56:38] helping serve our under our vulnerable [1:56:41] communities so that they are not [1:56:43] forgotten as we progress. and it will [1:56:45] force me to make this board my highest [1:56:48] priority. [1:56:49] I'd like to conclude by thanking you all [1:56:52] for your dedication and the good work [1:56:54] being done in the library board of [1:56:55] trustees and the select board. You are [1:56:58] moving us in the right direction and I [1:56:59] would be extremely humbled to be chosen [1:57:01] to serve alongside you and honored to be [1:57:04] given the opportunity to bring my [1:57:06] perspective and my stake in this town to [1:57:09] help secure the library's future for [1:57:11] everyone's future. Thank you. [1:57:15] Thank you, Joey, very much. [1:57:19] It's now uh Betsy [1:57:22] It's now Betsy Fraenthal's turn and she [1:57:25] is um on the will be on the screen. [1:57:31] I'm here. Can you hear me? [1:57:34] Yes. [1:57:34] Yes, we can. [1:57:36] Great. [1:57:37] Thank you select board and library [1:57:40] trustees for considering me for a [1:57:42] library trustee position. My name is [1:57:44] Betsy Franenthal and I have lived in [1:57:46] Brooklyn for 30 years. While not ideal, [1:57:49] I am joining the meeting via Zoom [1:57:51] tonight due to a death in my family. In [1:57:53] answer to your question, what will you [1:57:55] bring to the board of library trustees [1:57:57] if appointed? I want to focus on three [1:57:59] areas. First, my personal strengths as I [1:58:02] perceive them to relate to the library [1:58:04] trustee role. second leadership and [1:58:07] governance experience in the town of [1:58:08] Brooklyn and third advocating for [1:58:11] diversity and access for people of [1:58:13] Brooklyn. Uh in terms of my strengths, I [1:58:16] am a strategic planner at heart. This [1:58:18] has aided me both in management and [1:58:20] governance roles. It requires looking [1:58:23] inward and outward, listening to [1:58:24] constituents and stakeholders needs and [1:58:26] wants both formally and informally and [1:58:29] understanding finance and budgets. I [1:58:32] understand organizations who rely on [1:58:33] multiple funding sources such as the [1:58:36] library. I have experience organizing [1:58:38] and pro promoting events, managing and [1:58:41] analyzing market research and [1:58:42] fundraising. I feel very fortunate to [1:58:45] have raised my family in Brooklyn with [1:58:47] his residents who bring diversity, [1:58:49] economically, racially, and culturally [1:58:52] and often with strong opinions which [1:58:54] require thoughtful conversations and [1:58:56] compromise. Uh, next I'd talk about my [1:58:59] leadership and governance experience. I [1:59:02] was fortunate to lead the Brooklyn Music [1:59:04] School, BMS, for 10 years and sit on the [1:59:07] school's board for the previous 13 [1:59:09] years, including as treasurer before [1:59:11] being asked by the board to become the [1:59:13] executive director. Today, I'm a board [1:59:15] of director ameritus at the school. [1:59:18] Having been both in management and [1:59:20] governance, I understand the boundaries [1:59:22] required of the two to ensure effective [1:59:24] operations of an organization such as [1:59:26] the Brooklyn Public Library. During my [1:59:29] time at BMS, I connected and worked with [1:59:31] many town committees and departments, [1:59:33] including the school committee and the [1:59:35] building department. I was also on the [1:59:37] Brooklyn Commission for the Arts, the [1:59:39] BCA, and served as its treasur. In years [1:59:42] prior, I served as co-chair of the RUNL [1:59:44] PTO. I feel very comfortable [1:59:47] collaborating with people in the town at [1:59:49] all levels and understand the importance [1:59:51] of listening to distinct points of view [1:59:54] advocating for diversity and access for [1:59:56] the people of Brooklyn. In my roles at [1:59:58] BMS, I believed and supported our [2:00:00] mission which was to ensure an open [2:00:04] community for all ages, abilities, and [2:00:06] interests to explore music. I see this [2:00:09] mission very much in parallel with the [2:00:11] library's mission. Whether providing [2:00:13] music at playground playgroups held at [2:00:15] Brook Brooklyn housing authority [2:00:17] community centers, offering full [2:00:19] scholarships to young children who could [2:00:20] otherwise not afford early childhood [2:00:22] classes or setting up sessions in the [2:00:24] sound studio at the teen center. One [2:00:27] focus was on providing access to youth [2:00:29] both by bringing music to them and [2:00:31] bringing them to the music school. [2:00:33] Similarly, I focused on reaching adults. [2:00:35] At BMS, we offer music to seniors [2:00:38] through monthly concerts at the senior [2:00:40] center and at senior living communities [2:00:42] throughout Brooklyn. As a member of the [2:00:44] BCA, we worked to ensure BEu allowed [2:00:47] Brookline uh residents to come to the [2:00:52] Booth Theater. Finally, as one of the [2:00:54] founders of Brooklyn Porchfest, I am [2:00:56] proud of the collaboration with the [2:00:58] library as a Porchfest partner, allowing [2:01:01] people from Brooklyn and beyond to share [2:01:03] music and community throughout our town. [2:01:05] Uh, I am thankful to all of you for the [2:01:08] hard work you do and feel very connected [2:01:11] to Brookline and would like to thank you [2:01:13] for considering me for this position. [2:01:18] Thank you very much. We'll um now call [2:01:22] on Jennifer Kungl to come to the podium. [2:01:35] Uh good evening and I'm I'm okay [2:01:37] audible. Okay. Good evening and thank [2:01:40] you to members of the select board and [2:01:41] the library trustee board for your time [2:01:43] and consideration this evening. Uh to [2:01:46] launch into the question uh in terms of [2:01:48] things that I can bring uh if selected [2:01:51] to [2:01:53] join the board. I first would and mainly [2:01:55] would bring my perspective as an [2:01:57] educator of 20 plus years and someone [2:02:00] who's been involved in educational [2:02:01] technology during that time. I'm used to [2:02:04] thinking through the impact of decisions [2:02:06] on a variety of constituents of various [2:02:08] ages and walking through those results [2:02:11] with the people involved. I've taken [2:02:13] part in many discussions about the [2:02:15] potential of new tools including many AI [2:02:18] related tools these days keeping in mind [2:02:20] data security concerns of users cyber [2:02:23] security concerns [2:02:25] and the implementation process behind [2:02:28] the sales pitch that were shared my [2:02:31] Midwestern roots and teaching heart uh [2:02:34] also value organization both digitally [2:02:37] and in the physical reality of things [2:02:40] and I am accustomed to pitching in in [2:02:42] terms events wherever and whenever [2:02:44] necessary uh and whatever form that [2:02:46] takes whether that's answering questions [2:02:48] for the thousandth time sharpening [2:02:50] pencils uh or discussing the timeline of [2:02:53] an event in exhaustive detail to ensure [2:02:55] that it runs smoothly. [2:02:58] I've been a part of event coordination [2:02:59] large and small at my school from yearly [2:03:01] commencement activities to welcoming a [2:03:04] visiting parent as a a guest for a [2:03:06] classroom visit and weekly I'm helping [2:03:09] to participate in some range of event or [2:03:12] events taking place on campus. [2:03:16] My background as an interpreter has also [2:03:18] given me a foundation in discussing [2:03:20] issues of accessibility and diversity. [2:03:23] It is also honed a skill in taking the [2:03:25] specialized information uh from one [2:03:27] group and morphing it so that it's heard [2:03:29] and understood by others. I do this most [2:03:31] frequently in the realm of technology, [2:03:33] but it applies in all sorts of ways in [2:03:35] my life these days. Last, but certainly [2:03:38] not least, I offer my enthusiasm as a [2:03:41] patron, someone who is a Libya [2:03:43] evangelist who is curious if this year's [2:03:45] Overdrive loan numbers will hit the 5 [2:03:47] million mark before the end of 2026. a [2:03:50] reader whose reading uh appetite is [2:03:52] always bigger than her free time allows [2:03:56] and as a museum goer who has been [2:03:57] introduced to new exhibits at the [2:03:59] gardener and the A uh in large part due [2:04:02] to the extensive museum past program [2:04:04] that the library maintains. I'm someone [2:04:06] who values the library's mission and how [2:04:08] this dovetales with the realm of [2:04:10] education that I've inhabited so long. [2:04:13] I'm an enthusiastic library visitor. Uh [2:04:15] I was in New York City uh recently for a [2:04:19] long weekend and my first stop after [2:04:21] getting off the train was to be able to [2:04:22] check out New York Public's main branch. [2:04:25] I was happy that I was able to go in and [2:04:27] explore that. I have a desire to support [2:04:29] the work of the library staff who are [2:04:31] doing the daily work of executing the [2:04:33] library's vision and mission and I'm [2:04:35] interested in participating in the [2:04:37] workings of Brookline in a new way. [2:04:40] Thank you very much. [2:04:43] Thank you very much, Jennifer. [2:04:45] It's now Nikki Rojos's turn. [2:04:54] Hi, thank you to the joint convention [2:04:57] for granting me this opportunity to [2:04:59] discuss my candidacy for the Public [2:05:01] Library of Brooklyn board of trustees. [2:05:04] I'm Nikki Rojos. This final question [2:05:06] asked of candidates is an important one. [2:05:09] What drew me to apply is my deep desire [2:05:12] to help my community through one of its [2:05:14] most meaningful institutions. [2:05:16] I'm a firm believer that the Public [2:05:18] Library of Brooklyn is the lifeblood of [2:05:20] our community. As trustee, I hope to [2:05:23] support the work of the board and be a [2:05:25] steward of the public library of [2:05:27] Brooklyn. In my current professional [2:05:29] role as scheduler, uh writer and [2:05:33] research assistant, I'm relied on to be [2:05:35] an organizer and to facilitate [2:05:37] collaboration among colleagues. This [2:05:39] includes doing research projects with [2:05:42] different teams, uh scheduling meetings [2:05:44] for my director, um and just handling [2:05:48] the everyday um business of office work. [2:05:52] As a previously as a writer in the [2:05:54] diversity, inclusion and belonging space [2:05:56] at Harvard, I was tasked uh with [2:05:59] highlighting diverse voices on campus. [2:06:02] Um I did this prior to this position as [2:06:04] a journalist covering uh different [2:06:06] topics including politics, uh you know, [2:06:11] normal news and all of that. I believe [2:06:16] these skills are crucial in helping the [2:06:18] board of trustees achieve great things [2:06:20] for the public library of Brooklyn. I [2:06:23] also believe that providing my insights [2:06:25] not just as an avid reader and patron of [2:06:28] the library um and also as an immigrant [2:06:31] in our community is important so that a [2:06:34] variety of voices are represented. Um, I [2:06:37] grew up as a an immigrant kid going to [2:06:40] the library not just to learn how to [2:06:42] read, but to provide my own immigrant [2:06:44] mom an opportunity to integrate herself [2:06:48] in her community. I want that to be [2:06:50] available to everyone who is a member of [2:06:53] our greater Brooklyn community. So, I [2:06:57] thank you for this opportunity. [2:07:00] Thank you very much, Nikki. Um, it's now [2:07:03] time to start the roll call vote. We [2:07:08] will, um, Michael will call in [2:07:11] alphabetical order. If there is no [2:07:14] majority at the end of the first round, [2:07:17] the voting will continue until a [2:07:20] majority emerges to fill vacancy number [2:07:23] one. When we have completed uh that and [2:07:26] filled vacancy number one, we'll proceed [2:07:29] in the same way to do vacancy number [2:07:32] two. And um if there um is no majority, [2:07:40] we do have the option to discuss between [2:07:44] rounds of voting. So, let's get started. [2:07:47] Michael, can I give you the mic? [2:07:52] Thank you. [2:07:54] Judy and um I've put up on [2:07:59] um the screen. Thank you, Melanie. I [2:08:01] think this is being seen a um a chart [2:08:05] for the balloting. Um this is a [2:08:08] spreadsheet that should work to [2:08:09] automatically uh tally and see if we [2:08:12] have a majority vote after each round. [2:08:15] We have vacancy one, vacancy two, which [2:08:19] are effectively identical as they're [2:08:21] both each vacancies for one um you know [2:08:26] that happen till the May uh 2027 [2:08:28] election and then if you run again, [2:08:30] you're running to fill that term which [2:08:32] takes you to May 2028. [2:08:34] Um and I guess we're ready to begin. [2:08:38] Um, when I call your name, please give [2:08:41] the name of the candidate for whom you [2:08:44] are casting your vote. [2:08:46] Petra Binyami [2:08:48] and Depw. [2:08:51] Anthony Bono [2:08:53] and Depw [2:08:54] and Depw Burstein votes for and [2:08:57] Depwulkit [2:09:02] Betsy Froenthal. Judy Goldman [2:09:07] and De Pew. Bernard Green. [2:09:10] Betsy Froenthal. [2:09:12] Betsy Froenthal. Kristen Hung [2:09:16] and Dew Amy Newell. [2:09:19] Joey. [2:09:20] Joey Alasmar. David Pearlman. [2:09:24] And Dew. [2:09:25] And Dew. Michael Rubenstein. [2:09:28] Betsy Fraenthal. [2:09:30] Betsy Fraenthal. Felina Silver [2:09:35] and Dew [2:09:36] and Dew Marissa Vote [2:09:39] Joey Alasar [2:09:40] Joey Alasmar Sassan Zelka [2:09:45] and Dew and Amanda Zimmerman [2:09:48] Joey Alasmar [2:09:53] according to this and anyone can check [2:09:56] my count if they want. We do have a [2:09:58] majority for the first vacancy. So the [2:10:00] first vacancy is being filled by Anne [2:10:04] Dew. Anne Dew is no longer eligible to [2:10:07] be chosen for the second vacancy. So [2:10:10] please do not um and for obvious [2:10:14] reasons. Um and we are now ready to fill [2:10:18] the second vacancy. Um may I say [2:10:21] something before we fill the vacancy? Um [2:10:23] I I just want to note I as I mentioned [2:10:25] people, I'm the senior trustee. I've [2:10:27] been through this process many times. I [2:10:29] would like to point out to the [2:10:30] candidates, I have served with people [2:10:32] who went through this process, did not [2:10:35] get appointed, and then subsequently ran [2:10:37] for election and have been and served [2:10:40] admirably on the board. Would you not [2:10:41] say so, Judy? And [2:10:43] that sounds familiar. [2:10:44] That sounds familiar. And and other [2:10:46] candidates as well to her. [2:10:48] Yes. [2:10:52] I I also always like to point out that [2:10:54] if you do not get appointed here, there [2:10:56] is always the election process. There [2:10:58] are many other um things such as the [2:11:00] library friends and foundation and other [2:11:02] things that we do need people for. We [2:11:05] are now ready to fill the second [2:11:06] vacancy. [2:11:08] Um Petra Byami [2:11:11] Betsy Fraenthal Anthony Bologono [2:11:14] Betsy Fraenthal [2:11:15] Betsy Fraenthal Michael Burstein votes [2:11:18] for Betsy Fraenthal. Chris Treadus [2:11:20] Sulkit. [2:11:21] Betsy Fraenthal. [2:11:23] Betsy Fraenthal. Judy Gleman. [2:11:25] Betsy Frenthal. [2:11:26] Betsy Fraenthal. Bernard Green. [2:11:29] Oh, I see which way the wind's blowing. [2:11:32] So, I guess uh Betsy uh Betsy [2:11:35] Frowenthal. [2:11:35] Betsy Fraenthal. Uh Kristen Hungar. [2:11:40] Joey Alasmar. Um Carol Lohi as before is [2:11:44] not here. Uh Amy Newell. [2:11:46] Joey. [2:11:47] Joey Alasmar. David Pearlman. Betsy [2:11:49] Fraenthal. [2:11:50] Betsy Fraenthal. Michael Rubenstein. [2:11:53] Betsy Fraenthal. [2:11:54] Betsy Fraenthal. Felina Silver. [2:11:58] Betsy Fraenthal. [2:11:59] Betsy Fraenthal. Marissa Vote. [2:12:04] Joey. [2:12:05] Joey Elasmar. Sassan Zelka. [2:12:09] Betsy Fraenthal. Amanda Zimmerman. [2:12:12] Joey Elasmar. [2:12:13] Joey Alasmar. Uh, as Bernard noted, we [2:12:17] already have the majority. Betsy [2:12:18] Frowenthal is appointed to the second [2:12:21] position. I will pass the microphone [2:12:23] back to the chair. [2:12:25] Thanks everybody and thank you to all of [2:12:28] the candidates. Um we appreciate beyond [2:12:32] words your interest in our board and in [2:12:38] the Brooklyn Library in partic most [2:12:41] importantly. and we hope to include you [2:12:45] and um in in future activities and to [2:12:49] hear from you and for you to be part of [2:12:52] us um in some way. So, please do not [2:12:55] consider this a door that is shut. We [2:12:59] hope that you will see this as um [2:13:03] something to pursue in other ways with [2:13:06] us because we're very appreciative of [2:13:09] your passions and we share them. So, [2:13:11] thank you. Um, at this time, I would um [2:13:15] ask for a roll call to I would ask for a [2:13:19] motion to adjurnn. [2:13:20] I make a motion to address. [2:13:22] Okay. [2:13:24] Okay. Michael, [2:13:26] I will call oni. [2:13:29] Yes. [2:13:30] Anthony, [2:13:31] no. [2:13:33] Yes. Chris, [2:13:37] yes. [2:13:37] Bernard Green, [2:13:38] yes. [2:13:39] Kristen, [2:13:40] yes. [2:13:42] Carol's not here. Amy, [2:13:44] yes. [2:13:44] David, [2:13:45] yes. [2:13:46] Michael, [2:13:47] yes. [2:13:48] Silver, [2:13:50] yes. [2:13:54] Amanda Zimmer, [2:13:55] yes. [2:13:56] The joint convention is [2:13:59] the select meeting. [2:14:06] Yes. [2:14:06] Can I say something while you're [2:14:08] exiting? Thank you guys all for putting [2:14:10] in applications. You guys are amazing. [2:14:12] All of the applicants. I wanted to say [2:14:14] that earlier. Even if you didn't get [2:14:15] added to the board, [2:14:30] Pardon me. [2:14:30] It's a good problem to have too many [2:14:33] trusted people. [2:14:34] Yeah. [2:14:38] And they all can run for uh election. [2:14:42] Yep. [2:14:47] And they already have their stump [2:14:49] speech. [2:14:53] This is true. [2:15:05] Hey Chris, [2:15:14] you guys. [2:15:17] Yes, you can. [2:15:18] I know. [2:15:18] I don't know. It depends on what kind. [2:15:21] Oh, my girl I bought my girlfriend the [2:15:22] same backpack, [2:15:23] right? Isn't it so professional yet [2:15:25] cute? [2:15:25] I bought her this exact same one. [2:15:26] So, these are just like random because [2:15:33] Thank you very much. [2:15:34] Thank you. [2:15:40] All right. So, our next agenda item, [2:15:42] warrant articles, various public [2:15:45] hearings scheduled. And first up, item [2:15:47] 10A is warrant article 2, collective [2:15:50] bargaining. [2:15:52] I think Chaz is going to be taking that [2:15:53] one on. [2:15:57] Thank you. Um so we have uh one [2:16:02] collective bargaining agreement that is [2:16:04] coming for town meeting this fall which [2:16:06] is the agreement um with ask me local 93 [2:16:11] um the main branch of ask me local 93 [2:16:13] there are a number of subbranches with [2:16:16] whom we are still in negotiations but [2:16:18] the main branch of ask me 93 uh local 93 [2:16:22] this agreement is a two-year agreement [2:16:25] um in the first year which is the [2:16:27] previous fiscal year FY26 [2:16:31] there is a standard across the board [2:16:32] cost of uh uh or adjustment of 2% an [2:16:36] increase in wages in FY27 there is a [2:16:39] substantive shift in how the um wages [2:16:44] are calculated this is probably one of [2:16:47] the single largest changes in how we [2:16:51] compensate our employees [2:16:54] um that we have dealt with um in recent [2:16:58] memory. Um that includes the police [2:17:00] leaving civil service. That includes the [2:17:02] fire department's recent contract. Both [2:17:04] of those were obviously major shifts in [2:17:06] how Brookline compensates and takes care [2:17:09] of its employees. Um this one asks me [2:17:12] being our largest union um is [2:17:16] uh more significant in terms of the [2:17:19] long-term impact um to how we evaluate [2:17:24] pay and class. This started more than [2:17:27] two years ago. Um, and it is the result [2:17:30] of a long period of negotiations and [2:17:33] work for which I am very grateful for [2:17:35] the hard work of the human resources [2:17:37] department, Charlie Young and Melissa [2:17:39] Goff in our office. Um and of course our [2:17:44] um negotiating team across the table uh [2:17:47] with ASME for their patience, for their [2:17:49] diligence and their willingness to work [2:17:52] through what was a very tough and um [2:17:55] involved set of discussions uh which [2:17:58] resulted in significant changes in how [2:18:02] we pay people across all of our [2:18:04] departments. Um and as a result um as in [2:18:10] lie of the 1 and a.5% standard across [2:18:12] the board raise in FY27 [2:18:16] that other unions have received um we [2:18:19] are modifying the pay and class um [2:18:22] system across the board for union [2:18:24] employees in order to ensure that some [2:18:27] of our historically lowest paid [2:18:29] employees particularly our laborers who [2:18:32] previously did not see any movement in [2:18:34] their salary salaries except for the [2:18:37] cost of living adjustments that was made [2:18:39] after any particular um contract was [2:18:41] awarded. Um now those employees are [2:18:43] going to have steps um which means that [2:18:45] they will see increases in their wages [2:18:47] up to a certain point um and it will not [2:18:50] be dependent on the collective [2:18:52] bargaining agreement going through. So [2:18:54] they won't be subject to retropay um [2:18:57] again up to the point where they reach [2:18:58] their maximum step. But previously those [2:19:00] employees had no steps and therefore [2:19:03] they were kind of at the mercy of the [2:19:04] collective bargaining process. Beyond [2:19:07] that there's substantive changes in how [2:19:10] we classify employees and um make sure [2:19:14] that they are compensated competitively. [2:19:17] And as a result of that, um, beginning [2:19:19] on January 1st, 2027, assuming this [2:19:22] warrant article is passed, um, there [2:19:25] will be, uh, significant movement across [2:19:27] all departments that have AFME [2:19:29] employees, which includes the Department [2:19:30] of Public Works, the building [2:19:32] department, the recreation department, [2:19:33] the planning department among many [2:19:35] others. Um and then there will also be [2:19:37] subsequent knock-on impacts to non-union [2:19:39] employees and employees um who are paid [2:19:42] in union pay scales who are not um ASME [2:19:46] employees. And so all of that will see a [2:19:49] significant shift. Um the cost to the [2:19:52] town um while it is um above what was [2:19:56] budgeted for was contemplated in the [2:19:58] override that was passed this year. And [2:20:00] so we're very grateful to the public for [2:20:03] the fact that we now are able to do this [2:20:05] for our employees that we're able to pay [2:20:07] competitive wages uh and provide a [2:20:10] meaningful increase in their salaries [2:20:13] but also in their salary growth going [2:20:15] forward which means that Brookline is a [2:20:17] competitive place to work and a place [2:20:19] for people to stay and hopefully develop [2:20:22] experience, grow in their fields um and [2:20:26] uh move up in the uh organization. um [2:20:30] confident in the knowledge that wherever [2:20:32] they ultimately wind up um that they are [2:20:34] um entitled to competitive wages for the [2:20:37] work that they do. So again, I want to [2:20:39] thank everyone involved in the [2:20:40] negotiation of this agreement. It was a [2:20:43] long process. It was a detailed process. [2:20:47] Um but the result I think is really [2:20:49] remarkable. Um and everyone should be [2:20:52] congratulated for the hard work uh that [2:20:54] they did to get to where we are here. [2:20:56] So, I'm very thankful and grateful to be [2:20:58] able to present this to the select board [2:21:00] tonight and I welcome any questions or [2:21:03] comments you might have. [2:21:04] Could I just add just a couple more [2:21:06] things? Um, in the packet is a memo from [2:21:08] the HR director. The board had [2:21:10] previously met in executive session to [2:21:11] discuss the in detail with the HR [2:21:13] director the terms of the agreement, but [2:21:16] it's also spelled out in the memo as [2:21:17] well. The advisory committee has voted [2:21:19] favorable action on war in article two. [2:21:21] So, [2:21:22] by a vote of [2:21:23] I don't have the tally for the advisory [2:21:25] committee. [2:21:26] believe it was unanimous. I don't know [2:21:28] if there were any abstensions. [2:21:31] Any questions from members or comments [2:21:34] on warrant article 2? [2:21:36] All right. Well, this is docketed for a [2:21:38] public hearing. So, we'll go ahead and [2:21:39] open the public hearing. Would anyone in [2:21:42] the room like to be heard regarding [2:21:45] warrant article 2 collective bargaining? [2:21:48] Seeing none, anyone online, please raise [2:21:50] your virtual hand. [2:21:53] There is no one. So we will close the [2:21:55] public hearing. All right. Next up is [2:21:58] warrant article six freedom of speech. [2:22:01] You want to vote too or do you want to [2:22:02] wait till next week? [2:22:03] Usually wait. [2:22:04] Okay. [2:22:06] Um if we wait then we can't get anything [2:22:09] in the combined report. So we might want [2:22:12] to amend our [2:22:14] next week is your last opportunity for [2:22:16] that. [2:22:16] Next week too. [2:22:21] All right. So, uh, warrant article six. [2:22:24] Do we have the petitioner? [2:22:27] He's online. [2:22:30] All right. Go ahead, David, whenever [2:22:31] you're ready. [2:22:32] Yes. Uh, I need uh to be promoted so I [2:22:35] can show my slides. [2:22:38] David, you're co-host, so you can share [2:22:40] your screen. [2:22:41] Pardon? [2:22:42] You're a co-host. [2:22:43] I don't I don't I don't see the icon for [2:22:46] doing that. [2:22:47] I can see on my in the room that you are [2:22:50] a co-host. So, you can go ahead and [2:22:52] share your screen. [2:22:53] But where's the icon? I [2:22:55] down at the bottom Zoom screen. You [2:22:57] should have an option to share. [2:23:01] It's up in the top. Where is it? [2:23:03] This one. [2:23:04] It's on the bottom of the screen. [2:23:06] It could. It might be on the top. [2:23:07] Oh, on the top. [2:23:08] Maybe. Maybe I have to close that [2:23:11] transcript. No. [2:23:16] Still. No, I don't. I don't have it. [2:23:19] It's in the bar where you could [2:23:20] Oh it's I was looking for [2:23:22] something green. Sorry. Okay, here we [2:23:24] go. [2:23:39] Okay, my name is David Leuier. I am Tom [2:23:43] meeting member from precinct 11 and I'm [2:23:46] here to talk about [2:23:49] war article six. [2:23:50] Could you could you try to speak a [2:23:51] little louder? knew [2:23:54] why we should add a new uh section to [2:23:58] our town meeting bylaws. And I'd like to [2:24:01] start by talking a bit about the some [2:24:05] parliamentary principles and rights. Uh [2:24:08] and then uh [2:24:11] go through the bylaw so you know and [2:24:14] know what town meeting will be voting [2:24:16] on. And that's about it for tonight. [2:24:18] Shouldn't take too long. So uh [2:24:24] it was starting in 1689 [2:24:26] there was the English bill of rights [2:24:29] that won from the monarch the king uh [2:24:33] certain rights five of them actually uh [2:24:36] no uh [2:24:39] king couldn't levy taxes without [2:24:41] parliament's permission. They couldn't [2:24:44] maintain a standing army in peace time. [2:24:48] uh they um couldn't [2:24:52] uh do cruel un or unusual punishment and [2:24:56] uh uh citizen uh subjects were allowed [2:25:01] to uh uh have weapons for their own [2:25:04] protection. And the most important one, [2:25:06] the one we need to talk about tonight is [2:25:08] the freedom of speech. Debates and [2:25:11] proceedings in parliament cannot be [2:25:14] questioned outside of it. [2:25:17] Now [2:25:20] let me move up to 1740. John Adams uh [2:25:24] created the Massachusetts Constitution. [2:25:27] And in the Massachusetts Massachusetts [2:25:29] Constitution were [2:25:32] uh was a declaration of rights in [2:25:35] article one 21 of the declaration of [2:25:38] rights. Article 21 of the Constitution [2:25:41] says, "The freedom of deliberation and [2:25:44] debate in either house or the [2:25:47] legislature [2:25:51] is so essential to the rights of the [2:25:53] people that it cannot be a foundation [2:25:56] for any accusation or prosecution, [2:25:59] action, complaint, or any other court or [2:26:03] place whatsoever." [2:26:05] So now here we are in 2026 [2:26:10] in u the special town meeting in [2:26:15] November [2:26:16] and we're taking this and uh [2:26:21] incorporating it these principle into [2:26:24] our bylaws and so I want to talk about [2:26:27] this a bit in two parts. First is the [2:26:30] predicate part the uh part in above [2:26:35] and it first of all it reiterates the um [2:26:39] article tw uh 21 the freedom of [2:26:42] deliberation speech and debate by town [2:26:45] meeting members is essential to the [2:26:47] rights of the people. And the part in [2:26:49] blue, town council recommended that we [2:26:52] add and we have done so. And the reason [2:26:55] uh is that it will improve its uh it [2:26:59] would be uh helpful for the approval of [2:27:02] the attorney general because it says [2:27:03] accordingly [2:27:05] consistent with state and common law [2:27:07] legislative immunity. [2:27:10] Then it says legislative actions and [2:27:13] these are the most important words in [2:27:15] this uh proposed bylaw. shall not be the [2:27:19] foundation [2:27:22] or subject of any accusation, complaint, [2:27:26] allegation of violations of town policy [2:27:28] or investigation by select board or [2:27:31] school committee together with together [2:27:34] the town or any party acting on the [2:27:36] town's behalf. [2:27:38] So then legislative action we need to [2:27:41] define that and that's the second part [2:27:44] of this um uh proposed bylaw for [2:27:47] purposes of this section. Legislative [2:27:50] action shall include interalia, [2:27:53] researching, developing, introducing, [2:27:56] recommending, amending, adopting, [2:27:59] rejecting, enacting, or defeating any [2:28:01] article or portion thereof that is [2:28:04] included or considered for potential [2:28:07] inclusion in any town meeting warrant, [2:28:10] whether performed by a town meeting [2:28:12] member, an advisory committee member, [2:28:15] the moderator, any person appointed by [2:28:17] the moderator, or a citizen. petitioner [2:28:20] of the warrant article who for [2:28:23] exercising any power or authority of [2:28:25] town meeting member including pursuant [2:28:28] to chapter 43A and article 2.1. Article [2:28:33] 43A was passed the beginning of the 20th [2:28:36] century that established the choice for [2:28:39] towns to um become representative town [2:28:42] meeting and Brooklyn did that in 1915. [2:28:45] So this is what we have. This is what [2:28:47] we're looking at. This is and uh so a [2:28:51] answering the question why we should add [2:28:54] this proposed bylaw is intended to add [2:28:56] an additional layer of protection to [2:28:59] those already provided by the [2:29:01] Massachusetts Constitution and and the [2:29:04] United States Constitution. It doesn't [2:29:06] really cut any new ground or anything. [2:29:08] But just to make it clear that as Bogan [2:29:12] versus Scott Harris um held uh that all [2:29:16] those protections from the US [2:29:18] Constitution, Massachusetts constitution [2:29:21] apply at all level to legislative bodies [2:29:24] at all levels of government including [2:29:26] town meeting. So that's my uh [2:29:29] presentation. Any questions be happy to [2:29:32] uh answer it. I know this is a public [2:29:34] hearing. [2:29:36] All right. So, do any board members have [2:29:38] initial comments? Michael, [2:29:41] um I I I have a question for you uh [2:29:45] about your intent as far as the [2:29:48] determination of applicability um for [2:29:52] this. Um I'm wondering how it's to be [2:29:56] how you expect it to be determined [2:29:59] um that uh that some action that is uh [2:30:05] described in a complaint or a report of [2:30:10] suspected misbehavior is indeed a [2:30:13] legislative action. [2:30:15] That would be up to the u u body that [2:30:19] would be receiving the complaint and it [2:30:21] wouldn't be uh the town council because [2:30:24] town council's role in ethics complaints [2:30:27] on these kinds of complaints is limited [2:30:30] very limited to providing advice to town [2:30:33] meeting members. [2:30:34] So this would have to be this would have [2:30:37] to be forwarded to the state ethics [2:30:39] commission or district attorney and they [2:30:41] would make that determination. So [2:30:43] it shouldn't be in the hands of the [2:30:45] town. [2:30:46] Okay. So if somebody made a complaint to [2:30:49] the town to uh for example the town [2:30:52] administrator and the town's policy [2:30:55] would be to conduct an investigation of [2:30:58] that complaint, would the town [2:31:00] administrator then make that [2:31:01] determination? [2:31:03] No. The town administrator say you're [2:31:05] complaining about a town meeting member. [2:31:07] are complaining about what uh appears to [2:31:10] be legislative action and that's beyond [2:31:12] the scope of the town's authority. [2:31:14] Right. Right. But my question has to do [2:31:17] about the statement you just made. It [2:31:19] appears to be a legislative action. [2:31:21] You're saying that the town [2:31:22] administrator would say that it appears [2:31:24] to be a legislative action. So they [2:31:26] would make that determination. [2:31:29] Well, if it happens in town meeting as [2:31:32] it did for me and I and I uh made a [2:31:36] motion to refer and that led to a [2:31:38] complaint, that's obviously legislative [2:31:41] action. [2:31:43] I mean, it's really the bylaw has listed [2:31:47] quite clearly what we consider to be [2:31:49] legislative action and the town [2:31:52] administrator can look at that complaint [2:31:54] and if it's legislative action, if he's [2:31:56] in doubt, he should consult with the [2:31:59] moderator. The moderator is the [2:32:01] responsible elected uh official for town [2:32:04] meeting affairs. Was that legislative [2:32:08] action? That's up to the town meeting [2:32:10] and the moderator is the moderator of [2:32:12] town meeting to uh make that [2:32:15] determination. It's not a executive in [2:32:19] the case of a complaint against somebody [2:32:22] who's engaged in what appears to be [2:32:24] legislative action. And if there's a [2:32:26] doubt, ask the moderator. [2:32:29] Thank you, [2:32:30] Amanda. [2:32:32] Uh I have uh one comment and and one [2:32:35] question. Um, I think particularly from [2:32:38] what I understand about David's [2:32:40] individual case, um, there is I would [2:32:44] love some clarity on when the Office of [2:32:46] Diversity, Equity, Inclusion, and [2:32:48] Community Relations receives a complaint [2:32:53] uh, how how that is usually handled. Um, [2:32:57] because I think that is separate from a [2:33:01] lot of the conversations currently [2:33:03] around legislative versus executive. uh [2:33:06] investigations. So I guess question one [2:33:09] is h what happens if OD EICR receives a [2:33:14] complaint normally? [2:33:17] Well I don't know what [2:33:18] no not to you sorry the other question [2:33:20] will be to you but [2:33:22] it's handled by the diversity officer [2:33:24] Lloyd Gel [2:33:26] Chaz has his hand raised as well. So [2:33:29] when ODI ODICR has a complaint process [2:33:32] that is established in the bylaws, I [2:33:34] believe it was initially passed in 2021 [2:33:36] and revised in 2022 or 23. Um and that [2:33:42] was the subject of significant debate at [2:33:44] town meeting. In fact, initially the [2:33:45] draft in 2021 [2:33:48] u not only contemplated a complaint [2:33:50] process, it contemplated fines and [2:33:52] penalties for violating the ODICR [2:33:56] statute. uh and ultimately town meeting [2:33:58] did not adopt that. Um and subsequently [2:34:01] the revisions to it made clear that [2:34:03] ODICR does not have the authority to [2:34:06] punish or in any way um take negative [2:34:10] action against anyone against whom it [2:34:12] receives a complaint. But the complaint [2:34:14] process was retained [2:34:17] in ODICR's um governing statute. And [2:34:21] when ODICR receives a complaint, um if [2:34:24] it has jurisdiction over that complaint, [2:34:26] if it looks at the statute and says, [2:34:28] "Okay, this falls under our purview," [2:34:30] they generally reach out to the person [2:34:33] who was complained about and they say, [2:34:35] "Hey, you have been the subject of a [2:34:37] complaint or we would you be willing to [2:34:39] talk with us?" And if the answer is no, [2:34:42] then there can be no consequence. ODICR [2:34:45] might theoretically publish a report or [2:34:48] take other action, but they can't punish [2:34:50] that person. Um, the statute expressly [2:34:53] says they can't. They have no authority [2:34:54] to do so. It's meant to be a [2:34:56] reconciliation process. I will say, and [2:34:59] I don't want to speak for Dr. Gelano or [2:35:01] his team. Um but I do know that there is [2:35:04] a concern in ODICR that this idea that [2:35:07] having a complaint process along with [2:35:09] the mission of the office to be um a [2:35:13] reconciling body and a body dedicated to [2:35:16] understanding and consensus and [2:35:19] welcoming as opposed to a signing of [2:35:21] blame um and assigning of fault um has [2:35:25] been a source of tension for the office [2:35:27] when it receives complaints like this. [2:35:29] ODICR doesn't want to be in the business [2:35:31] of saying, "Hey, you know, you you said [2:35:34] something." They don't want to be the [2:35:36] civility police. Um, they want to be [2:35:39] helping people live better lives in [2:35:42] Brooklyn and helping people who have [2:35:44] historically been marginalized um, have [2:35:46] a voice in the community. And so, [2:35:49] ODICR's process is not a punitive one [2:35:52] and there is no consequence for refusing [2:35:54] to engage with him. [2:35:56] Thank you. Um, and so by that light, um, [2:36:01] at least my read on this Warren article [2:36:03] is that it wouldn't apply to the ODICR [2:36:06] process. It would apply to other [2:36:09] processes. Is that a correct read? Um, [2:36:12] either from the petitioner or or someone [2:36:15] who understands the legal is better than [2:36:18] I do [2:36:22] with asking what the petitioner intends. [2:36:27] repeat the question. I thought that was [2:36:30] referred to as Tom. [2:36:32] If a complaint is coming by way of [2:36:34] ODICR, [2:36:37] do you [2:36:39] intend this warrant article to apply to [2:36:42] that process which is separate from the [2:36:44] process that I think uh we have been [2:36:47] discussing by which the executive branch [2:36:50] might initiate [2:36:52] uh investigations. [2:36:55] The ODCR is part of the executive [2:36:58] branch. It's appointed by the select [2:37:00] board. [2:37:01] So if if a complaint comes to ODICR [2:37:06] the complaint came to town council [2:37:09] apparently [2:37:11] and if you look at the uh advisory [2:37:13] committee report you will find some [2:37:15] details about this because I was not [2:37:18] informed about the nature of the [2:37:20] complaint. I asked many times, I have a [2:37:23] long thread of emails between myself uh [2:37:27] and the investigator and the [2:37:30] investigator wrote and it's in the [2:37:31] advisory committee uh report. [2:37:35] They actually lifted those emails out of [2:37:39] my file which I collected them all in a [2:37:43] file where it says specifically Tom [2:37:46] Consul does not allow [2:37:49] uh me the investigator to disclose the [2:37:52] nature of the complaint. So here I am. [2:37:56] Yes, I didn't respond because I didn't [2:37:58] know what it was about. And I asked [2:38:00] repeatedly and I insisted. I said, "I'm [2:38:02] I'm fine with it being interviewed and [2:38:05] answering your questions, but I need to [2:38:07] know what it's about before I answer [2:38:08] them." And I was very specific about [2:38:11] that. And I had Boen versus Scott [2:38:13] Harris. I had the uh uh uh article one [2:38:19] section six. I had article 21 of the I [2:38:22] had all of those things before me. I was [2:38:24] quite aware of uh the immunity that [2:38:27] legislators have for their legislative [2:38:30] actions. Now when it came to writing the [2:38:32] report which OCD did they said exactly [2:38:36] that it's beyond our scope this is a [2:38:39] political matter it has to do with town [2:38:41] meetings immunity and use the word [2:38:43] immunity. So [2:38:44] but they did an investigation to come to [2:38:46] that conclusion. I guess my point is [2:38:48] they did a whole investigation. It is [2:38:49] your assumption that this warrant [2:38:51] article would also apply to citizen [2:38:53] complaints [2:38:54] funneled to ODICR [2:38:57] in addition to [2:38:59] if it's about a legislative action such [2:39:01] as uh what I I did in this case which [2:39:04] was to make a referral. Yes. [2:39:06] Okay. And then I have one more question [2:39:08] which is the extent of immunity that [2:39:10] this warrant article would grant. Um, if [2:39:13] a town meeting member threatens physical [2:39:15] or material harm against other town [2:39:17] meeting members to get their vote on a [2:39:19] piece of legislation, would this cover [2:39:22] that? [2:39:23] No. [2:39:24] If a town meeting member accepts a bribe [2:39:26] to bring and promote a warrant article [2:39:28] benefiting a private entity, would this [2:39:31] cover that? [2:39:32] And in this explanation, it's all seven [2:39:34] pages of it, you will find a discussion [2:39:38] of the Grall versus United States case. [2:39:42] And that's specifically uh the uh [2:39:46] holdings of that case to delineate what [2:39:51] is and isn't legislative action. This is [2:39:53] a case from 1978 [2:39:56] when uh Daniel Eberg brought two s [2:39:59] suitcases full of Pentagon papers and he [2:40:03] brought them to Senator Grall because he [2:40:05] knew that you know the uh FBI or [2:40:08] whoever's going to be after him. He [2:40:10] needed them in a safe place and Senator [2:40:13] Cell read them into the congressional [2:40:16] record. That's fine. That's legislative [2:40:18] action. Then they took that hymn and a [2:40:21] staff member and they approached a [2:40:24] beacon press belonging to the Unitarian [2:40:26] Church to have it published. For that [2:40:29] there were repercussions. That's not [2:40:31] legislative action. So yes, there is the [2:40:35] kinds of things you're mentioning are [2:40:37] beyond the scope of legislative action [2:40:40] and they do could lead to prosecution [2:40:43] and repercussions. [2:40:44] And so who would determine that? [2:40:47] It would either be the district attorney [2:40:49] or the state ethics commission. Those [2:40:51] are the bodies that are um [2:40:55] uh equipped to conduct such [2:40:57] investigations and make such [2:40:59] determinations. Go to a grand jury, [2:41:02] whatever, all of that. And that isn't a [2:41:05] matter that the town is either equipped [2:41:07] to do or has funding to do or should be [2:41:10] doing when especially when you have an [2:41:13] state ethics commission and district [2:41:15] attorneys who are who are well geared up [2:41:18] to those kinds of situations. [2:41:22] Michael, [2:41:23] so I have a further question then. if if [2:41:25] such uh such uh [2:41:29] complaints are intended to go to the [2:41:31] district attorney or the state uh ethics [2:41:35] commission and this I guess this is a [2:41:37] question for town council. Um the [2:41:40] question is are those entities bound by [2:41:45] Brookline bylaws or would they be [2:41:49] operating under state law or the US [2:41:52] Constitution? [2:41:56] So, uh, Joe Callahan, town council. [2:41:58] Yeah. Uh, if this was to be prosecuted [2:42:00] by the district attorney's office or the [2:42:02] attorney general's office, then they [2:42:03] wouldn't be bound by our bylaws. They [2:42:05] would be applying state law. [2:42:07] So, they would be making a determination [2:42:10] uh, irrespective of town bylaws. [2:42:13] Correct. Correct. And that that's why in [2:42:16] the first part of our bylaw at the [2:42:18] recommendation of Tom um uh town council [2:42:22] we added the um um [2:42:26] uh language about uh consistent with [2:42:29] state and common law legislative [2:42:32] immunity law [2:42:36] exactly for that [2:42:38] to make it clear that there's there's [2:42:40] something there's a world beyond [2:42:42] Brooklyn [2:42:44] and when people do bribes and whatever [2:42:46] that's what they face. [2:42:49] Chaz, [2:42:51] I just had a question about some of the [2:42:54] practicalities kind of a hypothetical. [2:42:56] So, a violation of a town bylaw is a [2:42:59] misdemeanor if I'm not mistaken. [2:43:00] Correct. [2:43:03] I don't know. Probably. Yeah. Up to $300 [2:43:06] fine. Yeah. [2:43:07] Right. So, um [2:43:11] I would [2:43:13] consider this hypothetical. [2:43:16] Town meeting member is in a private [2:43:18] meeting with a staff member and to [2:43:22] discuss a potential warrant article. [2:43:24] During that private meeting, that town [2:43:26] meeting member makes a sexually [2:43:28] suggestive proposition to that town [2:43:30] meeting me to that staff member. The [2:43:33] staff member reports it as sexual [2:43:35] harassment to me, the town [2:43:37] administrator. I call the town meeting [2:43:40] member and say, "You're under [2:43:41] investigation for sexual harassment." [2:43:43] And that town meeting member says, "Mr. [2:43:45] Kerry, you may not investigate me [2:43:47] because I was conducting legislative [2:43:49] action." And my conversation with that [2:43:52] staff member was entirely privileged as [2:43:54] a part of my conversation. Maybe I used [2:43:56] crude language. Maybe I was frank. Uh, [2:44:00] but it was in the service of my [2:44:03] legislative function. You may not even [2:44:05] inquire what I said in that meeting. You [2:44:08] may not investigate me at all because [2:44:10] there's a town bylaw that says you can't [2:44:12] do that. And then the town is sued. [2:44:14] Please let me finish my hypothetical. [2:44:16] Yeah. [2:44:17] I say, "Thank you very much. I must [2:44:19] abide by this bylaw or I will be guilty [2:44:21] of a misdemeanor." And then the town is [2:44:23] sued for creating a hostile work [2:44:25] environment. [2:44:27] How do we avoid this outcome under this [2:44:29] bylaw? [2:44:30] Well, that's what happened in Fall River [2:44:32] and that's the um Boen versus Scott [2:44:36] Harris case. And in fact, the civil [2:44:39] judgment was overturned. The violation [2:44:42] was overturned which it for which the [2:44:44] plaintiff had been u awarded damages. [2:44:48] Exactly. Because what brought about that [2:44:51] situation was legislative action by the [2:44:53] mayor. by the way, including and also [2:44:56] city council. So yes, and that's a that [2:44:59] case Bogen versus Scott Harris, that's [2:45:01] Clarence Thomas. they were very strict [2:45:03] about that in protecting [2:45:06] u I mean in this case it's a very nasty [2:45:11] kind of scenario where u but I think uh [2:45:15] I I you know I can't say you know it's [2:45:17] hypothetical but there's definitely the [2:45:20] possibility and this is something uh I'm [2:45:24] not a lawyer [2:45:25] well how would how would you feel if I [2:45:26] told you that's not hypothetical how [2:45:28] would how would you feel if I told you [2:45:29] that's happened at least twice since [2:45:30] I've been here how Would you feel if I [2:45:34] you you know and you know let me tell [2:45:36] you [2:45:38] staff [2:45:40] should not be the subject of sexual [2:45:41] harassment. I don't care what kind of [2:45:44] elected official you are or aren't. And [2:45:46] if you create a hostile work environment [2:45:48] for staff [2:45:50] and the town is powerless to investigate [2:45:53] it. I don't believe the Fall River case [2:45:56] is anywhere close to this hypothetical. [2:45:58] Fall River case involved someone who was [2:46:00] terminated or suffered adverse action [2:46:04] for uh the con for political activity. [2:46:09] If you're talking about not even being [2:46:12] able to look into whether that activity [2:46:16] was political that I can't even open the [2:46:18] door when someone comes to me in tears [2:46:21] and says I was just sexually harassed by [2:46:24] a town meeting member. Put the cuffs on [2:46:27] me, Mr. Lcolier. put the cuffs on me. I [2:46:29] will not will not ever subject my staff [2:46:34] to voluntary sexual harassment. That's [2:46:37] crazy. [2:46:38] Well, I don't know. Amanda, [2:46:41] uh I just wanted to ask one question and [2:46:42] it's probably to town council. Um there [2:46:46] are circumstances by which no matter [2:46:48] what happens on this warrant article [2:46:52] that we would have to investigate. I'm [2:46:56] assuming sexual harassment is one of [2:46:58] those that um we are mandatory for [2:47:01] investigating. Can you weigh in on that? [2:47:04] Sure. So kind of uh following on on Oh, [2:47:07] so Cho Kalan and town council. So, [2:47:08] following on Chaz's uh hypo, if we did [2:47:12] not investigate that, we could be found [2:47:14] for um h allowing or uh tolerating a [2:47:18] hostile work environment just for the [2:47:20] failure to investigate. So, we could be [2:47:21] found liable for sexual harassment for [2:47:24] the failure to investigate even if you [2:47:26] know even if the al even if the [2:47:28] allegations didn't, you know, um weren't [2:47:31] substantiated and it didn't occur. the [2:47:33] mere fact we didn't investigate it could [2:47:36] make us liable under MCAD and EEOC uh [2:47:40] case law. [2:47:42] Anthony, [2:47:43] um [2:47:44] first question over to David. Is is the [2:47:46] goal of this warrant article to um [2:47:49] enshrine the speech and debate clause of [2:47:51] the Constitution into our bylaws? Is [2:47:53] that the goal? The speech and debate [2:47:55] clause? [2:47:56] Yes, [2:47:57] that's the goal. So the speech and [2:47:58] debate clause is pretty clear that it [2:48:00] only abides within the bounds of the [2:48:02] legislative session, right? [2:48:06] Well, uh subsequent u mitigation is [2:48:11] court decisions and yes, within the the [2:48:14] um [2:48:16] within the bounds of their legislative [2:48:19] activity. Yes. Right. Right. So, [2:48:20] so you could you could you could say on [2:48:23] that particular hypothetical [2:48:25] it wasn't a town it wasn't a town [2:48:27] meeting and the you know the fact that [2:48:29] there were was I call myself a town [2:48:32] meeting member doesn't give me immunity [2:48:34] for that because it wasn't something [2:48:36] done you know and right you have the [2:48:39] definition of uh uh you know was it [2:48:44] researching developing introducing [2:48:46] recommending amending adopting rejecting [2:48:48] enacting I And this is the kind of [2:48:50] thing, you know, maybe they're [2:48:52] hypotheticals. They're going to have to [2:48:53] be dealt with in court. We don't know [2:48:56] the answer. We don't know how it's going [2:48:57] to come out. I don't. [2:48:58] But really quick, David, I what I'm [2:49:00] suggesting is you the the the [2:49:03] conversations that you have with a [2:49:06] member of staff outside of the hours of [2:49:09] town meeting would still be investigable [2:49:13] in your bylaw, right? [2:49:15] No. Oh, [2:49:18] it's [2:49:18] that's a problem. [2:49:20] It's it's it's investig Yes. Yes. It's [2:49:22] investigatable. It's you know it's not [2:49:24] it's not relating to town legislative [2:49:28] activity. So what people do on their own [2:49:30] time whatever be yes beyond it says in [2:49:35] the principles it says [2:49:39] pull it up here cannot be questioned [2:49:42] outside of it outside of parliament [2:49:44] outside of town meeting [2:49:46] exactly outside of town cannot be [2:49:48] questioned outside of town meeting so [2:49:49] the only protected speech is what is [2:49:52] inside of town meeting [2:49:54] exactly [2:49:54] so so again I'm going to ask my question [2:49:56] if if I go into the finance office and [2:50:00] I'm asking a question to Melissa and [2:50:02] she's taking them all like a champ, but [2:50:05] I start um being mean. Are they is that [2:50:09] investigatable? Because it's not during [2:50:11] town meeting. [2:50:14] Yeah. I mean, the fact that you happen [2:50:15] to be a member of town meeting doesn't [2:50:18] give you immunity as you go around to [2:50:20] different offices and talk to different [2:50:22] people. The point I'm trying to get at [2:50:24] is this is confined solely on the hours [2:50:29] of town meeting as it's in session. When [2:50:32] it's not in session, this bylaw has no [2:50:34] effect. Right. [2:50:35] Well, it it also has effect when town [2:50:38] meeting members are gathering, [2:50:40] you know, like doing research and all of [2:50:43] that. That's [2:50:43] so that may be David's intent, but the [2:50:45] actual [2:50:46] it doesn't have to be actually in the in [2:50:48] the confines of 7:30 to 11:30 or [2:50:51] whenever it says. Uh [2:50:53] the problem is the actual explicit [2:50:55] language [2:50:57] is addressing legislative action more [2:50:59] comprehensively whether it occurs at the [2:51:01] floor of town meeting or elsewhere [2:51:04] including these private meetings. So [2:51:05] David, I appreciate what your intention [2:51:08] might be, but the actual language that [2:51:11] you are proposing doesn't quite reflect [2:51:13] that. And then going back to uh [2:51:16] Michael's question regarding who [2:51:19] adjudicates [2:51:20] what constitutes legislative action, [2:51:23] your answer was the moderator, but [2:51:25] similarly that doesn't appear in your [2:51:28] proposed text. So I I think you're [2:51:31] coming you're well motivated but I don't [2:51:33] know that the actual text reflects your [2:51:36] desire [2:51:39] and we we want to be [2:51:40] it says town meeting whether formed by [2:51:43] town meeting member advisory committee [2:51:45] member the moderator or any person [2:51:47] formed at [2:51:51] uh I think the point that David was [2:51:53] trying to make is is that your intention [2:51:56] of having the moderator be the [2:51:59] adjudicator ator of whether an action is [2:52:01] legislative action or not is not [2:52:03] reflected in the text. [2:52:07] And implementing the bylaw without that [2:52:09] clarification [2:52:11] uh leaves the question open to [2:52:14] interpretation. [2:52:25] Well, now now I'm also confused because [2:52:27] this leads onto another point. I if if I [2:52:30] if I'm I'm I'm under the impression if [2:52:31] this is to enshrine the speech and [2:52:32] debate clause into our bylaws. This goes [2:52:34] beyond that and says not just speech and [2:52:37] debate within the context of being a [2:52:39] legislator during your legislative [2:52:40] session. It now goes into all the [2:52:42] actions you do as a legislature gain [2:52:44] immunity and that's a problem. I [2:52:46] I would recommend you address that to [2:52:47] town council to get clarification. [2:52:49] Yeah. Town council, can you um take a [2:52:51] question out of what I just said and [2:52:53] answer it? [2:52:53] Sure. Sure. So, as I understand, common [2:52:56] law and legislative action, it does [2:52:59] include actions outside of the hall, [2:53:03] outside of the general court, outside of [2:53:05] the town hall. So, uh I believe it was [2:53:08] the uh congresswoman from uh north from [2:53:11] New Jersey who was visiting an ICE [2:53:12] detention facility. She brought up [2:53:14] speech and debate. It didn't apply [2:53:16] because the claim was u not speech that [2:53:20] she was assaulting an officer. But [2:53:23] however, a congressperson uh you know um [2:53:27] you know uh doing a a site visit to [2:53:29] federal facilities would typically be [2:53:31] considered legislative action. So um [2:53:35] even even in the situation of the [2:53:37] advisory committee members on DPW [2:53:40] grounds, we thought that was legislative [2:53:42] action. So we thought that legislative [2:53:44] immunity and legislative uh privilege [2:53:46] applied even to that. [2:53:48] Okay. [2:53:50] Okay. That's fine. Thank you. [2:53:52] Hope that makes sense. Anyone else with [2:53:55] comments or questions? [2:53:59] Michael, [2:53:59] I guess my question is like how do we [2:54:01] move forward to resolve [2:54:05] uh you know the determination concern, [2:54:08] the concern that Amanda raised or [2:54:11] somewhere between Amanda and I raised [2:54:12] about about you know if this goes to a [2:54:15] DA then what is the impact of our bylaw [2:54:19] the and the [2:54:20] because someone has referred [2:54:22] investigation to a state ethics [2:54:24] committee or a DA [2:54:26] and who's making that referral Right. [2:54:29] So like I I personally would like to see [2:54:31] some work from the petitioner and or I [2:54:35] guess or it could be us for that matter [2:54:37] to um amend this to actually have a [2:54:42] solution to those things because [2:54:43] otherwise it's just a big question mark [2:54:46] as to even the intent of the petitioners [2:54:49] as to what happens and how these [2:54:50] determinations are made. [2:54:53] I agree with Amanda, which again is not [2:54:55] to say that we are disagreeing with the [2:54:58] motivation here to try to protect [2:55:02] legislative actions, but it's not [2:55:04] entirely clear from the actual text. So, [2:55:07] we can't of course rely on the Q&A. We [2:55:10] have to look at the actual text. in the [2:55:11] f future town meetings will look at the [2:55:14] text and the text leaves a lot of [2:55:16] ambiguity about who is making the [2:55:18] determination of what constitutes [2:55:20] legislative action, who is making the DA [2:55:23] referral where appropriate and what are [2:55:26] the venue limitations if any to [2:55:29] legislative action. Uh who would be [2:55:32] would this state authorities even take [2:55:34] up questions of violations of town [2:55:37] policy? So I I don't think we have clear [2:55:41] answers to any of those questions right [2:55:44] quite yet. And we also don't have a [2:55:46] clear answer about the relationship or [2:55:48] maybe we do have a clear answer and we [2:55:50] just don't like it about the [2:55:52] relationship between this policy and the [2:55:55] requirements of uh either MCAD or you [2:56:00] know whoever adjudicates sexual [2:56:02] harassment cases um about what which of [2:56:06] these would trump because that that's [2:56:08] really a moral judgment on our part. [2:56:12] Well, by supremacy clause, state's [2:56:14] always going to trump local, federal [2:56:16] will trump state, etc. But ideally, we [2:56:19] don't want to be in a situation where we [2:56:21] have bylaws that are conflicting with [2:56:24] state law and with federal law. We want [2:56:26] them to all synchronize. So, so I guess [2:56:29] my question is does the clause that was [2:56:32] recommended by council um about [2:56:36] conforming to state and common law [2:56:38] practices protect the town if they are [2:56:42] going to for example engage uh receive a [2:56:46] sexual harassment complaint and [2:56:48] therefore investigate it? Would that [2:56:51] would that requirement [2:56:54] uh protect uh in the case of Chaz's [2:56:57] hypothetical, would that protect Chaz [2:57:00] from the from [2:57:03] the accusation that he is violating this [2:57:05] bylaw? [2:57:08] Is that a question towards town council? [2:57:10] Yeah, you're looking at me, so I'm [2:57:12] assuming that's a question towards me. [2:57:13] So, I'll take an I'll take a stab at [2:57:15] answering it. Um, so the town is allowed [2:57:18] to uh take action as long as it's not [2:57:20] inconsistent with state or federal law. [2:57:22] So, uh, John Bukite was the one who [2:57:24] recommended these, um, uh, amendments, [2:57:27] which I totally agree with. But what he [2:57:30] he makes explicit what we would do even [2:57:32] if they didn't exist. So, under Chaz's [2:57:35] uh scenario of an allegation against a [2:57:37] town meeting member for sexually [2:57:38] harassing a town staff person, if this [2:57:41] bylaw were to be in place, I would [2:57:43] recommend that we follow EEOC and MCAD [2:57:46] guidance despite the bylaw and [2:57:49] investigate because the liability of the [2:57:52] potential claims of sexual harassment [2:57:54] are coming from federal and state law [2:57:57] where the town bylaw wouldn't insulate [2:57:59] us. we would we would potentially be [2:58:00] liable under state and federal law when [2:58:03] the potential for a bylaw violation is [2:58:05] $300. So I would absolutely recommend an [2:58:08] investigation be done otherwise we stand [2:58:11] to be found liable for sexual harassment [2:58:13] to the tune of six or seven figures in [2:58:14] damages. [2:58:15] Right. But but what you're saying is [2:58:17] that that we would still be in conflict [2:58:20] with the bylaw, right? because the the [2:58:23] clauses that were added do not [2:58:27] uh do not provide a uh a condition under [2:58:31] which the bylaw would not apply. [2:58:35] That's my question. [2:58:36] So yeah, so I'm approaching it [2:58:38] differently as if there was a conflict [2:58:40] the bylaw has to stand aside. So yeah, [2:58:43] so u in that in that circumstance we [2:58:45] would we would proceed under state and [2:58:47] federal guidance as opposed to the [2:58:49] bylaw. So, so when you say when you say [2:58:51] there's like a conflict, [2:58:54] yes, but but then the state has no [2:58:56] authority when it conflicts. So, it [2:58:58] would be pushed aside and we would [2:58:59] operate under state and federal law. [2:59:01] Would there be any repercussions for [2:59:03] violating the town bylaw in such [2:59:05] circumstances? [2:59:07] Not in the court. Not in court. So [2:59:10] yeah, that's why we that's why John [2:59:13] Bookot recommended in the advisory [2:59:15] committee wholeheartedly supported uh [2:59:18] adding that language to the Bible on it. [2:59:22] And as you [2:59:24] all right, I think that that really that [2:59:26] really does cover the issue. [2:59:28] So this is docketed for public hearing. [2:59:31] So I can go ahead and open the public [2:59:32] hearing. [2:59:33] Chaz has his hand raised. [2:59:34] Uh but first Chaz, go ahead. [2:59:37] I just want to jump in here a little bit [2:59:38] because yeah, I I I think that's [2:59:40] probably how it would happen in [2:59:42] practice. The concern that I raised and [2:59:45] the reason why I raised it is not about [2:59:46] the law and what would ultimately [2:59:48] happen. It's about the chilling effect, [2:59:50] right? You know, you all know me. I'm, [2:59:54] you know, I'm not afraid to follow our [2:59:57] ethical obligations regardless of the [2:59:59] consequences. [3:00:01] um someone else is going to be sitting [3:00:03] in this chair eventually and someone [3:00:05] else who may be intimidated, you know, [3:00:07] is my career going to be bismerched by [3:00:09] the fact that a town meeting member [3:00:10] accused me of a misdemeanor, accused me [3:00:13] of violating the law when what I was [3:00:14] trying to do was protect my staff? I [3:00:17] personally don't care about that. I care [3:00:19] about the the the actual law that we [3:00:22] have to follow, which in that particular [3:00:24] hypothetical is federal and state law [3:00:26] regarding protecting employees from a [3:00:29] hostile work environment. Um, and I [3:00:32] agree that it would have to give way, [3:00:33] the the town bylaw would have to give [3:00:35] way. And for the record, I also agree [3:00:37] that it is really important that we [3:00:40] emphasize legislative immunity and [3:00:42] legislative oversight and the importance [3:00:45] of all this. So, I don't think the the [3:00:47] underlying purpose of this law is is bad [3:00:50] at all. I just think that we have to [3:00:52] think about the chilling effect that it [3:00:54] could have in the future. to David um to [3:00:57] the chair's point um about the fact that [3:01:01] in the future we're not going to have [3:01:03] this conversation. We're just going to [3:01:04] have the text on a page and someone may [3:01:07] be deterred from attempting to [3:01:09] investigate a serious wrongdoing [3:01:12] because there's no language in this [3:01:14] bylaw that makes clear that they are in [3:01:16] the clear if it conflicts with federal [3:01:18] and state guidance. So that's my concern [3:01:20] there. [3:01:21] That's but that's exactly the uh [3:01:25] language that John offers here [3:01:26] accordingly consistent with state and [3:01:29] common law. [3:01:30] All right, let's move to the public [3:01:32] hearing question. [3:01:33] So, we've opened the public hearing. Has [3:01:35] anyone signed up to speak? [3:01:37] Kathy Sidman's online. She signed up [3:01:39] first and then Kevin McKenzie has his [3:01:41] hand raised after her. [3:01:42] All right. Uh, go right ahead. [3:01:45] Hi, thank you for letting me speak. My [3:01:47] name is Kathy Seidman. I'm a town [3:01:50] meeting member in precinct 2. I serve on [3:01:52] the Brooklyn Commission for the Arts and [3:01:54] I'm a board member of Brooklyn for [3:01:56] Everyone, but tonight I speak only for [3:01:58] myself. I strongly urge the select board [3:02:01] to vote no action on warrant article 6. [3:02:04] The plain reading of the text of this [3:02:05] warrant article would change our bylaws [3:02:08] to give town meeting members who serve [3:02:10] as part of Brooklyn's legislature [3:02:13] immunity from investigation by the town [3:02:15] for any and all actions they might take [3:02:17] that could in any way be construed to be [3:02:20] part of their interalia [3:02:22] legislative duties. As most of us know, [3:02:25] town meeting members could with at least [3:02:27] some legitimacy say that just about [3:02:30] everything we talk about and do before, [3:02:32] during, and after town meeting could be [3:02:35] construed as part of our legislative [3:02:37] actions. Many of us participate in town [3:02:39] policy and practices when we serve on or [3:02:42] speak at boards, commissions, and in [3:02:44] public hearings all year round. [3:02:48] But anybody but anyone who has ever [3:02:50] filed a complaint of harassment, [3:02:52] bullying or retaliation knows how easily [3:02:56] a claim that the harasser has freedom of [3:02:58] legislative speech or in this case [3:03:00] interalia legislative action can allow [3:03:04] any authority to avoid taking complaints [3:03:07] of harassment, bullying and retaliation [3:03:09] seriously. In fact, this article takes [3:03:12] away any viable path for a municipal [3:03:14] employee or special municipal employee [3:03:18] to seek redress should they feel another [3:03:20] municipal employee or special municipal [3:03:23] employee has vid violated any of [3:03:25] Brooklyn's policies. [3:03:27] Article 6 gives town meeting members [3:03:30] blanket immunity from any complaints by [3:03:32] anyone because the only authority with [3:03:35] power to enforce consequences to which [3:03:37] we can bring a complaint would become [3:03:40] essentially unavailable. The moderator [3:03:43] has no ability to enforce consequences. [3:03:46] Applying to the state makes life really [3:03:49] difficult and complicated. It would be [3:03:51] Brooklyn's equivalent to what the [3:03:53] Supreme Court gave to Donald Trump. [3:03:55] blanket immunity for any quote official [3:03:58] act unquote. Democracy cannot survive if [3:04:02] any public servant, including town [3:04:04] meeting members, is given this kind of [3:04:06] blanket freedom to act without fear of [3:04:08] accountability or of consequences. [3:04:10] Please vote no action on Warren Article [3:04:13] 6. Thank you. [3:04:16] All right. And now we have Kevin [3:04:17] McKenzie. [3:04:23] Kevin, whenever you're ready, if you can [3:04:24] unmute yourself. [3:04:32] Perhaps Kevin. Oh, there we go. Sorry, I [3:04:34] do I didn't have that ability at first. [3:04:36] Apologies. My name is Kevin McKenzie. I [3:04:39] am a town meeting member in precinct 13. [3:04:41] I am also a municipal employee as a [3:04:45] public school teacher in Brooklyn and I [3:04:47] am also a special municipal employee as [3:04:50] the as a commissioner and current chair [3:04:52] of the commission for diversity, equity, [3:04:54] inclusion and community relations. This [3:04:57] res this Warren article gives me a lot [3:04:59] of pause at the moment given those [3:05:00] things. Given the three hats I just [3:05:03] named to you, I am concerned that [3:05:06] someone else, though it would not be [3:05:07] myself, could use my actions as a town [3:05:10] meeting member in order to justify poor [3:05:13] behavior in the context of my workplace [3:05:16] as both a specialist employee, but also [3:05:19] an actual employee. There are other town [3:05:21] meeting members who work for our town, [3:05:23] whether it's our school department or [3:05:24] other departments. What can I justify my [3:05:27] actions as a town meeting member as [3:05:29] legislative if I in behave [3:05:31] inappropriately with my colleagues on [3:05:33] town meeting by harassing them or [3:05:35] pressuring them from my work email to [3:05:38] their work email. As a special municipal [3:05:40] employee, I am equally concerned. Unlike [3:05:43] every town meeting member, I am subject [3:05:46] to the state conflict of interest and [3:05:49] ethics trainings because I am both an [3:05:51] actual municipal employee and special [3:05:53] municipal employee. Town meeting members [3:05:55] are not subject to those. That is [3:05:57] because they are not considered special [3:05:59] municipal employees by state law. We are [3:06:02] not considered legislators. We are [3:06:04] considered super voters. While this is [3:06:07] the system of government that Brookline [3:06:08] has, I am not alone when I believe that [3:06:11] this is not necessarily the best form of [3:06:14] government and that we should have had a [3:06:15] conversation about it. That conversation [3:06:18] has not happened. We now have town [3:06:20] meeting members asking to be treated as [3:06:23] if they are professional elected city [3:06:26] councilors or state legislators. If that [3:06:28] is the form of government that we [3:06:30] wanted, we should have had that [3:06:31] conversation in charter reform. We did [3:06:34] not go that route. I am concerned that [3:06:36] this will be used to justify bad [3:06:38] behavior by those who seek and who have [3:06:41] as Chaz said and I there are many other [3:06:43] cases of special mun employees harassing [3:06:46] other special municipal employees. [3:06:48] Special municipal employees harassing [3:06:50] other town employees, rank and file town [3:06:53] meeting members who fall under neither [3:06:54] of those categories harassing special [3:06:56] miss employees and other town employees. [3:06:59] This cannot be used as a cart blanc for [3:07:02] bad behavior. The Warrant Articles [3:07:05] intentions are just, and I support them. [3:07:08] However, the wording is painfully vague. [3:07:12] I worry that any amendments to fix this [3:07:14] problem might be viewed as out of ruled [3:07:17] as out of scope. As such, I urge the [3:07:19] select board to really think before [3:07:22] making a recommendation. I urge the [3:07:24] petitioner to really think about moving [3:07:27] this article at town meeting. While I [3:07:30] support it in theory, the current text [3:07:32] is not something I can feel comfortable [3:07:34] supporting. I urge him to and all others [3:07:37] involved, including the select board, to [3:07:40] consider amendments if possible, if they [3:07:42] can be ruled within scope, or other ways [3:07:44] to make this a workable solution, if not [3:07:46] in November at in May 2027 or a future [3:07:50] town meeting. Thank you for your time [3:07:52] tonight. [3:07:54] Would anyone else like to be heard on [3:07:57] warrant article 6? Anyone online? Anyone [3:08:01] in the room? [3:08:03] All right, then we will close the public [3:08:05] hearing. Uh, next up is warrant article. [3:08:10] Before you before you go on, I I just [3:08:12] want to make one comment. Um, and uh, [3:08:15] this is subject to uh, in the road map, [3:08:18] the 2030 road map. um there is a goal to [3:08:22] uh enumerate the impacts of uh warrant [3:08:26] articles on the 2030 road mapap. So as a [3:08:30] matter of our report um I was uh trying [3:08:33] to review the road map and to to see if [3:08:36] this aligns with any um with any goals [3:08:41] that are in the 2030 roadmap. Um, and I [3:08:44] could find no [3:08:46] 2030 roadmap goals that are either uh [3:08:50] improved or denigrated by this warrant [3:08:54] article. [3:08:55] All right. Anyone else want to be heard [3:08:56] on warrant article six among board [3:08:58] members? [3:09:00] All right. So, now we will move on to [3:09:02] warrant article 15. I see that we have [3:09:05] the petitioner online. Whenever you're [3:09:09] ready, go right ahead. Present the [3:09:11] warrant article to us. [3:09:12] Thank you. As you, as I think you know [3:09:15] by now, Warren article 15 proposes a [3:09:18] reszoning, an overlay district for the [3:09:21] address for the area known as 96 [3:09:23] Pleasant Street. This warrant article [3:09:26] would allow a uh sevenstory 85- ft [3:09:31] building that would have approximately [3:09:33] 96 [3:09:35] uh residential units [3:09:38] uh with parking up to.5 [3:09:42] uh spaces per unit and with a F of 4.0 [3:09:46] and the units would vary in size from [3:09:49] 485 square ft to,240 [3:09:53] square ft. It would have significant uh [3:09:56] open space approximately 2100 and true [3:09:59] public open space because there would be [3:10:01] a park at the front of the building that [3:10:04] what's called a pocket pot that would be [3:10:06] open to the public would be free to sit [3:10:08] at the benches across from the public [3:10:10] library. Um [3:10:13] what we that's what the zoning allows. I [3:10:16] think what's most important to point out [3:10:19] and many people miss this point or want [3:10:21] to miss this point is the what has been [3:10:24] designed and what you see is not [3:10:27] absolutely what would be built because [3:10:29] one of the decisions we made in drafting [3:10:32] this warrant article is to specifically [3:10:34] include a public [3:10:37] design process. Most of you I trust are [3:10:41] familiar with section 5.09 9 of our [3:10:43] bylaw which is a major impact projects [3:10:47] which recall and design review by the [3:10:49] planning board using a citizenbased [3:10:52] design advisory team. We specifically [3:10:55] made clear in this bylaw uh this warrant [3:10:58] article that section 509 of the Brooklyn [3:11:00] zoning bylaw applies to any use of this [3:11:03] property for so for by doing that we [3:11:08] have ensured that there will be a public [3:11:10] design process. Well, what what we have [3:11:12] shown is what we envision being on the [3:11:14] space, but we expect that as we go [3:11:17] through the design process, there'll be [3:11:19] numerous uh changes to the design, [3:11:23] numerous uh uh possible changes that [3:11:27] will be debated, examined. Uh I can tell [3:11:30] you having spent the last I don't want [3:11:32] decades doing uh doing projects at [3:11:36] Brookline as an attorney that the design [3:11:39] advisory team process is probably one of [3:11:41] the most effective processes in our [3:11:44] zoning bylaw and everything I can think [3:11:46] of when projects go into design review [3:11:49] at the planning board level they come [3:11:51] out as a better project. So that [3:11:54] specifically will happen to this. So [3:11:56] there will be a very public design [3:11:58] process. But what you have here is you [3:12:01] have a proposal to create significant [3:12:03] revenue to the town. I'll come back to [3:12:05] that in a minute. Create significant [3:12:08] housing for the town and as I said a [3:12:11] full public design process in a transit [3:12:14] oriented location that was highlighted [3:12:17] in the draft comprehensive plan as as [3:12:20] appropriate [3:12:22] for housing and was targeted. Now, in [3:12:26] addition to all of that, [3:12:28] you have a warrant article that through [3:12:32] the work of your board, through [3:12:33] Michael's work, has a significant MOA [3:12:36] which contains numerous public I gave [3:12:40] into quickly and my client gave into [3:12:42] quickly to Michael, but significant [3:12:45] public benefits, whether they be [3:12:48] crosswalks, sidewalks, [3:12:50] all of and design restrictions. So th [3:12:53] this is a a a very significant proposal [3:12:57] and in the days where you talk about a [3:13:00] structural def deficit in your finances [3:13:03] and you talk about overrides, this has [3:13:06] got a significant financial impact. [3:13:08] Right now this property pays [3:13:10] approximately $30,000 a year in taxes. [3:13:13] uh it will pay when this project is [3:13:16] completed somewhere between 580 [3:13:20] 580,000 [3:13:22] in taxes and 65 in the $580 to $600,000 [3:13:27] range in taxes to start with. Now both [3:13:30] the town and the developer did a a [3:13:33] financial [3:13:35] uh review to see what the net gain to [3:13:38] the town would be. Although we disagree [3:13:40] with the town's consultant who for [3:13:43] somehow thought it one building in [3:13:45] Koolage Corner would add $94,000 to the [3:13:48] police and fire budgets every year. Um [3:13:51] I'm not sure how that's possible, but [3:13:53] even with the town's report on the net [3:13:56] benefit to the town, it shows 200 [3:13:59] approximately $240,000 [3:14:01] a year in increased net tax benefit to [3:14:05] the town a year. and that will go up [3:14:08] every year as you know. So this this [3:14:11] project [3:14:13] uh has a significant positive impact on [3:14:16] the town and it will also create [3:14:18] affordable housing units because it was [3:14:20] subject to the town's affordable housing [3:14:22] guidelines. It's subject to the tree [3:14:25] bylaw. It's not exempted from any of [3:14:28] these [3:14:30] uh town bylaws. Uh and and it also has [3:14:35] public spaces on the roof. that will be [3:14:37] available to community agreements six [3:14:39] times community organizations at least [3:14:42] six times a year at no cost other than [3:14:45] uh cleanup costs. So, it it it really is [3:14:50] a a win-win um for for for all involved [3:14:55] and it it will [3:14:59] having a [3:15:01] apartment building, new 96 unit building [3:15:04] in Koolage Corner I is is is will be a [3:15:08] significant plus for all concerned. And [3:15:11] I would point out that even though we [3:15:13] say it's 85 ft, we're the building is [3:15:17] will be surrounded by buildings taller [3:15:19] than that. Uh the Brookline Housing [3:15:21] Authority uh elderly housing I think to [3:15:24] the right and and uh the building across [3:15:28] the street and all all of the buildings [3:15:31] in the area. So I think it's a it's a [3:15:35] extreme positive for the town and the [3:15:38] and a benefit to the town and I I as I [3:15:41] said we have an MOA in place that's very [3:15:44] very significant. [3:15:49] I have 44 seconds left and nothing to [3:15:51] say. [3:15:54] All right. Uh any board members want to [3:15:57] be heard with initial thoughts or [3:15:58] questions for the petitioner? [3:16:02] Go ahead, Michael. [3:16:03] Um, uh, continuing on my, uh, Brookline [3:16:06] 23 roadmap analysis, um, there are three [3:16:09] goals, um, that, uh, or that I [3:16:13] identified, uh, 3B, goal 3B to increase [3:16:16] revenue through development, goal 6A to [3:16:19] advance infrastructure work, and goal 7A [3:16:22] to take climate action. [3:16:26] Anyone else on the slink? [3:16:31] I'm thinking um [3:16:33] All right. Don't have to speak right [3:16:34] away. [3:16:34] Yeah, [3:16:35] we All right. So, this is docketed for a [3:16:37] public hearing. So, we will open the [3:16:39] public hearing. [3:16:40] Uh I see that we have some people in the [3:16:41] room who likely will want to speak to [3:16:43] this. [3:16:44] Uh so, either whoever would like to come [3:16:46] up first. [3:16:47] So, we people have signed up. Okay. So, [3:16:49] we have uh Susie Roberts is first. [3:16:53] She was online earlier. [3:16:55] I think she's right here. [3:16:56] All right. Come come on up. [3:17:03] Oh, we have another presentation. [3:17:06] She has a there's a motion to refer. [3:17:08] Okay. [3:17:17] I can't we can't hear her, Mr. Chairman. [3:17:19] All right. She She's basically saying [3:17:20] that we have another presentation to go [3:17:22] through first and then we'll have the [3:17:24] public comment. So, uh, Linda Pelky's [3:17:28] on. If you would like to go ahead and [3:17:30] present your, uh, I think it's your [3:17:32] referral motion and then we can have [3:17:34] public comment as to both. [3:17:45] So, Linda, if you can unmute and go [3:17:47] ahead. [3:17:57] She should be able to. She's clos. So, [3:18:07] Linda, you are on mute in case you're [3:18:09] trying to tell us something. [3:18:18] We don't have Linda yet. So, if you want [3:18:20] to go ahead and speak. [3:18:29] All right. Go. Go right ahead. [3:18:32] You can come up. Introduce yourself. [3:18:36] I got unmuted. I'm sorry. [3:18:37] Go ahead. Okay. [3:18:40] So, sorry it's Susie. I'm bumping. But [3:18:43] anyway, um, sorry about that. Uh, good [3:18:46] evening. I'm Linda Olsen Pelky, a town [3:18:48] meeting member from precinct 17, a [3:18:51] member of the advisory committee's land [3:18:53] use subcommittee and vice chair of the [3:18:55] comprehensive plan steering committee. [3:18:57] I'm here on behalf of myself and my [3:18:58] co-etitioners Susie Roberts and Susan [3:19:01] Park, also precinct 17 town meeting [3:19:04] members to recommend referral to a [3:19:06] moderator's committee. I'm going to give [3:19:09] you seven brief reasons why you should [3:19:11] embrace the opportunities a referral [3:19:14] offers. Number one, we could consider [3:19:17] the cumulative impacts of the three [3:19:19] large projects that are all proposed for [3:19:21] the same half block with a combined 283 [3:19:25] apartments, 130 hotel rooms, and 46 [3:19:29] new parking spaces. At the very least, [3:19:32] the impacts must be considered together. [3:19:34] At best, it would be terrific if the [3:19:36] property owners were to collaborate and [3:19:38] make a more rational combined proposal. [3:19:41] Study are needed to evaluate the [3:19:44] combined effects on traffic, pedestrian [3:19:46] safety, climate impact, shadows, and [3:19:48] impacts to a butters among others. [3:19:51] Climate resiliency. The proposed zoning, [3:19:54] even with the MOA, fails to adequately [3:19:56] address the fact this site is one of the [3:19:59] worst heat islands in all of Brooklyn. [3:20:01] The setbacks in the proposal are [3:20:03] woefully inadequate and on-site open [3:20:05] space has been whittleled to hardly [3:20:07] anything and many existing mature trees [3:20:10] will be lost. There are no street trees [3:20:12] in the area due to a lack of a tree [3:20:14] lawn. Meanwhile, the area is home to [3:20:17] vulnerable populations who [3:20:19] disproportionately suffer from the [3:20:21] health impacts of climate change. Number [3:20:24] three, the comprehensive plan is almost [3:20:26] complete. [3:20:27] The plan focused on deep public [3:20:30] engagement and will articulate a shared [3:20:32] vision for Brooklyn's future land use. [3:20:35] In harmony with that vision, the plan [3:20:38] will identify areas suitable for growth [3:20:40] and the next steps will be to move into [3:20:42] zoning reform that could allow more [3:20:45] byite development. It's important for [3:20:48] trust in our government and trust in the [3:20:51] planning process that the public feels [3:20:53] their particip participation matter. [3:20:57] one-off random upzonings brought by [3:20:59] developers is simply an end run around [3:21:01] this effort. I can't tell you how many [3:21:04] people have expressed shock and dismay [3:21:05] that this could get built or there has [3:21:07] been no real opportunity for public [3:21:09] input. Number four, commercial. The [3:21:13] select board has prioritized commercial [3:21:15] uses and real mixed use as development [3:21:18] goals. We should require commercial on [3:21:21] the first floor of this new project, but [3:21:23] the developer doesn't want to vote want [3:21:25] to change that because it would change [3:21:28] the vote threshold in town meeting. So, [3:21:30] they refused to adopt this amendment. [3:21:33] The neighborhood lost several popular [3:21:35] retail establishments when the Durgen [3:21:37] Garage was demolished. And in 2024, in [3:21:40] response to Nord Bloom's proposal for a [3:21:43] fourstory M2.0 O building at this very [3:21:46] same site merely two years ago. The [3:21:49] planning department recommended [3:21:51] commercial on the first floor. They also [3:21:53] recommended increasing the number of [3:21:55] affordable units above the minimum and [3:21:57] asked for more tree cover. Number five, [3:22:01] neighborhood engagement. The developer [3:22:04] decided they wanted to talk to only [3:22:06] those who store who supported the [3:22:08] project within precinct 17. They [3:22:11] communicated with those individuals and [3:22:13] refused to meet with a group of five of [3:22:15] us precinct 17 town meeting members who [3:22:18] wanted to present the very real concerns [3:22:22] we are hearing from our neighbors. The [3:22:24] community meetings that were held were [3:22:26] not well publicized or attended were [3:22:28] held at awkward times and did not allow [3:22:31] for any meaningful dialogue. From our [3:22:33] perspective our views were not [3:22:35] represented in any of the negotiation [3:22:37] with the developer. A referral would [3:22:39] allow the means and time necessary for [3:22:41] real dialogue. [3:22:42] Your time is up. [3:22:44] Okay. Thank you. [3:22:47] All right. Any questions for Linda from [3:22:50] select board members? [3:22:56] Anthony, I I'll just make one point. [3:22:58] Thank you for your presentation, Linda. [3:23:00] During one of the during the sitewalk [3:23:03] that I helped lead, there were there [3:23:06] were numerous different perspectives at [3:23:08] that sitewalk. I remember speaking to a [3:23:10] lot of the neighbors who did not want to [3:23:12] see the project go forward um and had [3:23:14] many reservations and I took all of [3:23:16] their concerns and I wrote them down and [3:23:18] they became topics of conversation at [3:23:20] the select board. Um, many of them were [3:23:23] directly imp implemented inside of the [3:23:25] MOA because of the conversations I had [3:23:28] with precinct 17 representatives like [3:23:30] yourself. Um, and Jonathan Davis as well [3:23:34] I spoke to. Uh, and there were others as [3:23:36] well. So during that meeting, I I [3:23:39] definitely took into consideration all [3:23:40] of your guys' concerns and I tried to [3:23:42] work with it the best I could. [3:23:44] To further your point, I was also at [3:23:46] that sitewalk, but I was in the other [3:23:47] group and I noticed the same thing. [3:23:50] There were a variety of perspectives [3:23:52] that were offered. There was robust [3:23:54] discussion about uh concerns from the [3:23:57] community and also people who were [3:23:59] praising uh the project. The sitewalk of [3:24:02] course wasn't intended to explicitly be [3:24:04] about 26 Pleasant, but more on uh [3:24:07] sidewalk impacts and uh Pleasant Street [3:24:11] as a whole in terms of uh traffic. But [3:24:14] obviously 26 Pleasant Street came up. [3:24:17] Um, in terms of questions, so Linda, you [3:24:21] mentioned the concern about heat [3:24:24] islands. I've been following the [3:24:26] conversation on the town meeting list [3:24:27] serve and some have suggested that [3:24:31] building on a parking lot actually [3:24:32] reduces the heat island effect. Uh, now [3:24:36] I don't know, [3:24:37] not when you cut down all the trees [3:24:39] around it. [3:24:41] Exactly. So, do we have a definitive [3:24:43] answer maybe from a someone on town [3:24:45] staff about heat island impacts of [3:24:49] parking lot verse having a structure on [3:24:51] a lot? [3:24:53] Is there anybody who's prepared to [3:24:54] comment on that? [3:24:55] Uh, I see Cara Brutin, the director of [3:24:58] planning, uh, indicating whether or not [3:25:01] there is an answer to your question. Do [3:25:03] you want to [3:25:05] say say what I think your head motion [3:25:09] indicates? [3:25:11] So, my name is Cara Britain. I'm the [3:25:13] planning director. For the record, I was [3:25:14] shaking my head. No. Um, and the reason [3:25:16] is because it I think it I am not an [3:25:18] expert in heat island effects. What I do [3:25:21] know, it depends a lot on the materials [3:25:22] of the building. If it's a brick, for [3:25:24] example, and the heat's being absorbed [3:25:26] all day and then it's letting out into [3:25:28] the sidewalks at night, that can be an [3:25:30] effect when it's most vulnerable to [3:25:31] residents. Um, the comment about tree [3:25:33] canopy is also an important piece. I [3:25:36] just I don't think it's um I don't have [3:25:38] the data to to know what the effect [3:25:40] would be. [3:25:42] All right. [3:25:43] Um I I wasn't aware I could speak. So I [3:25:46] would like to say something about [3:25:48] Anony's comment and David's about the [3:25:50] sitewalk. [3:25:51] Sure. Go ahead. [3:25:52] Yeah. I I've served on several you know [3:25:54] multiple um Excuse me. Can I know can we [3:25:58] know who's speaking? [3:25:59] I'm sorry. This is Linda Olsen Pelky who [3:26:02] I who just presented the referral [3:26:04] motion. Um, [3:26:06] you know, we it's not the when you serve [3:26:10] on one of these committees and you spent [3:26:12] years in negotiations and back and forth [3:26:14] and you have multiple professionals and [3:26:18] community members on a team working. It [3:26:20] is very very different than um hearing [3:26:25] some things and having one person decide [3:26:27] whether they care enough to fight for [3:26:29] your point of view or not. It's it's [3:26:31] just a completely different thing. So I [3:26:33] don't think yes I'm glad you came and [3:26:37] you listened but you didn't implement um [3:26:40] in our view sufficiently what we cared [3:26:43] about and so that's in part why we're [3:26:46] bringing this and then there are [3:26:48] millions of people who I mean maybe not [3:26:50] millions but an entire neighborhood full [3:26:52] of people who was not aware of this walk [3:26:55] was not invited we we came because we [3:26:57] were town meetings members and were [3:27:00] deliberately invited so there's plenty [3:27:01] of voices that you have not heard. Um, [3:27:04] you know, we have several hundred [3:27:07] signatures on a petition that we [3:27:10] circulate in po opposed to this proposal [3:27:13] from the neighborhood. So, um, I beg to [3:27:17] differ that that was sufficient. [3:27:20] Well, I don't think anyone's saying it [3:27:21] was sufficient, just that there were [3:27:23] other opinions that were heard, that's [3:27:24] all. [3:27:25] Okay. Okay. Regarding the uh your [3:27:28] remarks about the comprehensive plan, u [3:27:31] my understanding is that the [3:27:32] comprehensive plan will not ultimately [3:27:35] take a position on 26 Pleasant Street [3:27:38] specifically. Is that correct? [3:27:40] Well, I cannot swear to what the final [3:27:43] vote will be and I am speaking only as [3:27:46] one committee member, but the current [3:27:48] status is that it is marked as being [3:27:51] taken up at town meeting. It is not a [3:27:55] recommended site for redevelopment [3:27:58] by us. [3:28:01] Okay. [3:28:03] Anyone else have questions or comments [3:28:06] for Linda? [3:28:07] Oh, I just saw when we were discussing [3:28:09] Heat Island, I thought that Jeffrey [3:28:11] Ellen wanted to make a comment and I was [3:28:13] going to see if he had any thoughts that [3:28:16] he wanted to share on that. [3:28:18] Sure. Do you have anything you'd like to [3:28:19] share regarding uh heat island effects? [3:28:24] I just wanted to report because it it is [3:28:26] not something I'm an expert in, but last [3:28:28] night we had a long meeting with Zeab [3:28:32] uh and they unanimous that this was a [3:28:36] topic of discussion and that they [3:28:38] unanimously supported this warrant [3:28:41] article and as for there's a tree bylaw. [3:28:44] trees are removed, then they have to be [3:28:47] replaced and and we're going we're going [3:28:51] to to to replace the trees. And the [3:28:54] petition that was presented for simply [3:28:58] says, are you against an oversized [3:29:01] building being built in Brooklyn? I [3:29:04] mean, anybody would sign that petition. [3:29:06] And and I just want to make one [3:29:09] clarification because it keeps being [3:29:10] said in in Brooklyn as in elsewhere. If [3:29:13] you say it a long time, it becomes true. [3:29:15] There was no proposal for a sto [3:29:17] fourstory building on this site in 2024. [3:29:21] I have the document from the planning [3:29:23] department. [3:29:24] You may have planning we did not we did [3:29:27] not meet with the planning board the [3:29:29] department. We've never proposed it. [3:29:31] This was that we this is our first [3:29:33] proposal since I think the Benet birth [3:29:36] proposal 20 30 years ago. [3:29:38] Well, I was at a planning board meeting [3:29:40] and I have the document. So anyway, I [3:29:42] you know, I don't think it's helpful to [3:29:43] have this back and forth. [3:29:45] Please, I'll I'll let you both speak, [3:29:46] but take turns. All right, back [3:29:48] commissioner. Go ahead. [3:29:49] And so I think we've had neighborhood [3:29:52] meetings, we've had sidewalks, we [3:29:55] continue to do that. And what and if [3:29:57] this Warren article pass, we'll have [3:29:59] more neighborhood meetings at the design [3:30:00] advisory team and everybody will be [3:30:02] heard and this design criteria that that [3:30:06] we've dis [3:30:07] that we've talked about. But if if in [3:30:10] fact this this is delayed and Waldo [3:30:14] Duran, who knows when that's going to [3:30:16] resurface. If if this warrant article is [3:30:19] is sent to a moderated stud committee, [3:30:22] it's it's simply a slow death [3:30:26] uh penalty for this proposal. Uh th this [3:30:30] process this is a different time [3:30:32] difficult time to build. We have high [3:30:34] interest rates, we have tariffs, we have [3:30:36] all sorts of factors. That's why Boston [3:30:38] and other communities have a ton of [3:30:40] building permits that are not being [3:30:42] acted on. This is a difficult time to [3:30:45] build uh and develop. This process we've [3:30:49] gone through with architects, with [3:30:52] lawyers, with the very public meetings [3:30:56] in Brooklyn and and and involvements and [3:30:58] and dealing with the MOA, negotiating [3:31:01] that. This is an expensive process up to [3:31:04] town meeting go leading up to town [3:31:06] meeting and it should be and and and it [3:31:09] has been but it I I it just is not go [3:31:13] feasible to do this all again with a [3:31:16] moderator's committee that doesn't even [3:31:18] have a specific charge. Thank you. [3:31:20] All right. Um Linda, go ahead. [3:31:22] Yeah. So, first on the question about [3:31:26] going to the design review, um I have [3:31:30] served on DATs. They're quite different [3:31:33] than the zoning committee. And the [3:31:35] fundamental truth of it is you cannot [3:31:37] change anything about that zoning in a [3:31:40] design review. You can't lop off floors. [3:31:43] You can't reduce the F. You can't change [3:31:46] the setbacks. [3:31:48] Um so it's very it's aesthetics that the [3:31:52] design review team works on mostly some [3:31:55] of the things about site circulation and [3:31:57] things can be changed but it's very [3:32:00] little once we pass the zoning envelope [3:32:03] they get to build within that envelope [3:32:06] period. Um, to the point about the [3:32:09] petition, the petition was very specific [3:32:12] about the location and being outside of [3:32:15] the comp plan and not allowing neighbors [3:32:18] to have input. It was very specific. It [3:32:21] wasn't just, you know, oppose this ugly [3:32:23] building. Trust me, I have the text of [3:32:26] it. It was submitted as evidence. So, I [3:32:30] I just think we're getting a lot of um [3:32:35] misinformation, unfortunately. And it [3:32:38] was as far as the referral motion, it [3:32:41] calls for coming back to town meeting in [3:32:43] a year by the fall of 2027 to make a [3:32:47] recommendation to town meeting to for [3:32:50] whatever kind of zoning they think makes [3:32:52] sense here. [3:32:53] All right. I want to be respectful of [3:32:54] those in the room who've been waiting a [3:32:56] long time to speak. So, uh go ahead, [3:32:58] Marty. if you want to come up. [3:33:02] Uh, my name is Martin Yin. I, uh, am a [3:33:06] resident of, uh, John Street Town [3:33:09] Houses. I've lived there for 44 years. [3:33:12] Before I make my remarks about [3:33:15] the Warren article, I want to say [3:33:17] something that I think everybody ought [3:33:18] to think about here in this town. [3:33:22] Do you guys realize that renters don't [3:33:26] know what the hell is going on here? [3:33:30] We're not in in the bylaws of this town [3:33:32] and in the state of Massachusetts. I [3:33:35] started doing some research on this. [3:33:37] There's no requirement at all that we [3:33:40] should be notified about anything as [3:33:43] renters. Only property owners get to be [3:33:46] notified. This is, you know, if you want [3:33:48] to talk about a classist system, a [3:33:52] system where only property owners know [3:33:54] things and the renters who may make up a [3:33:57] large part of the people who are going [3:33:59] to be affected by a project, unless [3:34:03] their property owner who they're renting [3:34:06] from happens to pass it on to them, are [3:34:09] kept in the total dark about what's [3:34:11] going on. Nobody in our townhouse [3:34:14] development knew anything about any of [3:34:18] this until April when this started to [3:34:20] come up. And I I really really think [3:34:24] that if if everybody here is uh [3:34:28] advocates democracy, [3:34:30] then we ought to think really hard about [3:34:33] a notification system within this town [3:34:36] in which renters are not [3:34:39] disenfranchised. [3:34:42] Really, that's what we are. We're [3:34:43] disenfranchised. We don't know a damn [3:34:46] thing. Now, I I'll I'll go ahead and [3:34:48] I'll make my comments, but I think this [3:34:51] is something really to be thought about [3:34:53] because I would have had a lot to say [3:34:55] had I known anything about what was [3:34:58] going on, but I never had the [3:35:00] opportunity. So, uh these are my remarks [3:35:04] and uh you can take them for what what [3:35:09] they are. uh as an immediate uh uh a [3:35:13] butter of the 26 Pleasant Street parcel [3:35:15] under consideration for upzoning at the [3:35:18] November town meeting Warren article 15 [3:35:20] I and the other residents of the John [3:35:22] Street town houses where I've lived for [3:35:23] 44 years have a great stake in the [3:35:26] decisions that may be taken at that [3:35:28] meeting voting on warrant 15 now instead [3:35:31] of referring it for review under the [3:35:34] guidelines of the comprehensive plan [3:35:35] would simply put be a betrayal by the [3:35:38] town meeting of the Kulage corner [3:35:41] community's right to engage in an [3:35:43] indepth review of the many serious [3:35:45] concerns this project entails. That is [3:35:48] why once a prize of the project, over [3:35:51] 350 residents of our neighborhood almost [3:35:54] immediately joined in signing a petition [3:35:57] demanding that this little understood [3:35:59] upzoning not proceed before the citizens [3:36:03] are given an opportunity to examine the [3:36:05] consequential issues posed by the 26 [3:36:08] Pleasant Street project in conjunction [3:36:11] with the immense Chestnut Hill Realy [3:36:13] Hotel apartment project a half a block [3:36:16] away. For those who might try to dismiss [3:36:18] my concern as a simple example of nimi, [3:36:21] well, my response is nimi indeed because [3:36:24] the outsiz building under construction [3:36:27] extends right to our property line and [3:36:29] its proposed sevenstory height. [3:36:31] Your time is up. [3:36:34] Three minutes. [3:36:36] That was three minutes. [3:36:37] Three minutes. You [3:36:38] you mean Oh, t taking it from when I was [3:36:40] making my remarks about [3:36:41] So, does that that's considered public [3:36:43] comment or not? [3:36:44] How much more do you have left? [3:36:46] Well, I'd say I have about two minutes. [3:36:48] I I I didn't know I I could I was taking [3:36:51] my my public comment. I mean, I I I have [3:36:54] comments here. [3:36:55] Do you have a written version that you [3:36:56] can send us the whole thing? [3:37:00] I think, you know, I sp I spent two [3:37:02] hours waiting here. [3:37:03] No, it would be unfair. I mean, he took [3:37:04] two minutes to say something that's very [3:37:06] important, but could have been said in [3:37:08] five seconds. Um and and we will take [3:37:11] that into consideration, but I I think [3:37:13] it'd be unfair to [3:37:14] Okay. I I agree with Bernard. [3:37:18] Typically we do we do it's three minutes [3:37:20] per person. What you could consider if [3:37:22] there's somebody else in the room who [3:37:24] wants to finish reading the remarks and [3:37:25] they're three minutes we could do that. [3:37:30] I David I'm sorry I don't quite [3:37:31] understand what you're saying. So [3:37:33] typically for public comment each person [3:37:36] has three minutes and we enforce that [3:37:39] irrespective of viewpoint and so we [3:37:43] don't really make exceptions to that to [3:37:45] allow one person to go over three [3:37:46] minutes uh compared to someone else but [3:37:48] given that you have prepared written [3:37:50] remarks you can share those with us also [3:37:54] if there's somebody else who wants to [3:37:55] finish reading them in their three [3:37:56] minutes that could happen as well [3:37:58] but I could not speak again [3:38:01] no people get to speak once per meeting. [3:38:09] All right. So, who would like to go [3:38:12] next? [3:38:13] Susie Roberts is next. [3:38:14] Okay. Go ahead. [3:38:22] Good evening. My name is Susan Roberts. [3:38:25] Susie is what people call me. I'm a pre [3:38:28] uh precinct 17 town meeting member. Um [3:38:31] I'm here really to talk about the [3:38:34] process. Um because obviously this is a [3:38:39] new process that we're experiencing [3:38:41] where instead of going the usual route [3:38:44] of getting a variance or two or three [3:38:47] and going through the planning board and [3:38:50] the zoning board of appeals, they've [3:38:52] sought directly to go to town meeting [3:38:56] for a zoning change. And by not [3:38:59] including commercial in their project, [3:39:01] they're able to um get what they want, [3:39:04] get the project that they want, increase [3:39:06] the value of their property by getting [3:39:08] the kind of zoning that they're [3:39:10] requesting by a simple majority of town [3:39:14] meeting members. It's a beauty contest [3:39:16] is what's going on. A popularity contest [3:39:19] of town meeting. If they were looking at [3:39:22] this a couple of years ago um before the [3:39:26] 50% majority vote of town meeting would [3:39:30] be effective, they would have had to [3:39:31] have done a twothirds vote. We would not [3:39:34] be seeing this. Um and even if we were [3:39:38] doing this several years ago when the [3:39:40] makeup of town meeting were was a little [3:39:43] bit different in terms of um who were [3:39:46] town meeting members in as for you know [3:39:49] um [3:39:51] I hate to say this but the Brooklyn for [3:39:54] everyone people versus the Brooklyn by [3:39:56] design people those who want more [3:39:57] planning those who want less planning [3:40:00] and more doing and that kind of thing. [3:40:02] The the breakdown of town meeting [3:40:04] members was different. we probably [3:40:06] wouldn't have been seeing it then which [3:40:07] we didn't see it then because they [3:40:09] brought their initial um project to um [3:40:14] the HAB as I understand it um and [3:40:18] actually did receive comments from the [3:40:20] planning department which Cara and Linda [3:40:23] Pelky have have um referred to um and [3:40:28] those comments is something are you know [3:40:31] something that I would urge you to look [3:40:33] at because there were a number of [3:40:34] guidines lines that they reminded the [3:40:37] petitioners of that time. It was a [3:40:39] smaller project. Maybe it wasn't the [3:40:41] four stories that Jeffrey Allen says he [3:40:43] never um that they their client never [3:40:46] submitted, but it was a smaller project [3:40:49] and um the planning department did give [3:40:51] a letter of what they felt were [3:40:55] guidelines that were given to the [3:40:58] project developers to be reminded of in [3:41:02] a revision. [3:41:05] those guidelines were not followed in [3:41:07] this presentation and we're seeing what [3:41:09] we're seeing because of these two [3:41:12] reasons, the process being different. [3:41:14] So, um we're here as town meeting [3:41:18] members being asked to [3:41:21] make this change to our zoning. We don't [3:41:23] have experience with um [3:41:26] your time is up. [3:41:27] Oh, okay. [3:41:29] I don't have I don't have prepared [3:41:32] remarks, but I [3:41:33] if you would like to get us prepared [3:41:34] remarks, you're welcome to do so. [3:41:36] Okay. Thank you. [3:41:38] All right. Who is next? [3:41:39] Uh next is Molly Skippa online. [3:41:43] All right. Go ahead, Molly. Whenever [3:41:44] you're ready. Three minutes. [3:41:48] Thank you. Um [3:41:53] so I'm Molly Sheepa. I'm a resident of [3:41:56] uh precinct 17 and I'm here to share my [3:41:59] concerns about the proposed zoning [3:42:01] change to 26 Pleasant Street um because [3:42:04] it has not been reviewed alongside the [3:42:06] Waldo Duran and the 1299 Beacon Street [3:42:09] projects. Together, these three projects [3:42:11] bring roughly 450 residential units and [3:42:14] hotel rooms to a small area of North [3:42:17] Brooklyn, one of Brooklyn's most densely [3:42:19] populated neighborhoods and an [3:42:21] identified heat island. The proposal [3:42:23] includes a 10-story hotel, a 14-story [3:42:26] residence building at Waldo Durgen, and [3:42:28] a ninestory 55 unit building behind [3:42:31] Trader Joe's, and then the 85- foot tall [3:42:34] 7story 94 to 96 unit building at 26 [3:42:37] Pleasant. And this is an extraordinary [3:42:40] concentration of development in a very [3:42:42] small area of North Brooklyn. And I was [3:42:45] disappointed to see that the concessions [3:42:47] recently negotiated with the 26 Pleasant [3:42:50] developer do very little to address the [3:42:52] proposed building's impacts. The [3:42:54] agreement doesn't include enough of a [3:42:56] setback to preserves the site's most [3:42:58] magnificent mature trees despite the [3:43:01] fact that the site is on a heat island. [3:43:03] And during weekday evening rush hour, [3:43:05] traffic turning from Pleasant Street [3:43:07] onto Beacon is already frequently backed [3:43:11] up on Pleasant Street all the way to [3:43:13] John Street and sometimes beyond. And [3:43:16] this is before all three projects have [3:43:18] been built. So I I noticed just this [3:43:21] weekend that there's a new restriction [3:43:22] on right turns on Red from Pleasant onto [3:43:25] Beacon and that's just going to further [3:43:27] add to the congestion. [3:43:30] So, I'm not opposed to any project [3:43:32] individually, but I do believe that [3:43:33] their combined effects could [3:43:35] significantly change the livability of [3:43:37] the neighborhood. Um, committee review [3:43:40] should assess things like traffic, [3:43:42] public transit, pedestrian and cyclist [3:43:45] safety, parking, infrastructure [3:43:47] capacity, overlapping construction, and [3:43:50] the project scale and density. and it [3:43:52] should also consider how the proposals [3:43:54] align with the town's comprehensive plan [3:43:56] and its goals for housing, [3:43:58] transportation, and neighborhood [3:43:59] character. [3:44:00] Residents need a clear assessment of [3:44:03] these cumulative impacts, and any [3:44:05] necessary mitigation should be [3:44:07] identified before approvals. So, I do [3:44:10] urge the board to refer the 26 Pleasant [3:44:12] Street zoning proposal to committee and [3:44:14] ensure that the review considers all [3:44:17] three projects together. [3:44:19] Thank you. [3:44:22] All right, who do we have next? [3:44:23] Uh, we have Susan Park. [3:44:30] Good evening, everyone. Susan Park, town [3:44:33] meeting member uh in precinct 17, and [3:44:36] I'm here um on behalf of the almost 400 [3:44:40] people who signed the petition, very [3:44:43] concerned about the sevenstory project [3:44:46] on uh 26 Pleasant. Uh I'm here to talk [3:44:50] about the charge uh if this were [3:44:52] referred to a moderator's committee. Um [3:44:55] I'm a co-sponsor with Linda Pelky and [3:44:57] Susie Roberts. A referral to a study [3:45:00] committee is crucial for many reasons. [3:45:03] The committee will assess the following. [3:45:05] An assessment of climate resiliency [3:45:07] impacts which includes tree canopy, [3:45:10] storm water mitigation, heat island [3:45:12] impacts, air quality. Number two, it [3:45:15] will assess the travel capacity and [3:45:17] potential safety of the MBTA roadways, [3:45:21] sidewalks, and intersections in the [3:45:23] vicinity of 26 Pleasant in terms of the [3:45:26] potential cumulative effects of current [3:45:29] and proposed feature developments, [3:45:31] including Waldo Durgen, 1299 Beacon, and [3:45:35] 26 Pleasant as proposed. Number three, [3:45:38] the charge will be to analyze the [3:45:40] possibility of including a mandate for [3:45:42] at least first floor commercial space to [3:45:45] improve the site's contribution to [3:45:47] Brookline's tax base. Four, to model the [3:45:50] massing scale and shadow impacts on [3:45:52] surrounding properties and find ways to [3:45:55] mitigate or reduce them. Five, to [3:45:57] consider the cumulative impacts of the [3:46:00] large-scale increase in population [3:46:02] concentrated in one small area of [3:46:04] Koolage Corner on the area's quality of [3:46:07] life such as impacts on local parks and [3:46:10] recreation, overcrowding at locally [3:46:13] popular shopping venues, crowding of [3:46:16] sidewalks, and the MBTA. Six, it will [3:46:19] consider the potential comp compensatory [3:46:22] benefits of acquiring the property for [3:46:25] public purposes such as uh for public [3:46:28] park or plaza. [3:46:31] Such committee shall prepare and submit [3:46:33] a recommendation be it in the form of [3:46:35] new zoning that would change the [3:46:38] existing M1 zoning for the parcel at 26 [3:46:41] Pleasant Street and maybe not. And this [3:46:44] will be um shared with town meeting on [3:46:46] or before September 1st, 2027. So we [3:46:49] would have a year to do this. We owe it [3:46:53] to dozens of residents who have written [3:46:55] in dozens. When I ran for a town [3:46:59] meeting, I promised to represent the [3:47:03] community, my neighbors, everyone in [3:47:06] precinct 17. I've gotten dozens of [3:47:09] emails. I've shared them with all of [3:47:11] you. Um and so we owe it to our [3:47:14] community. It will be such a regret if [3:47:17] we go on with this and we just pass it [3:47:21] without doing all these studies. Studies [3:47:23] that other projects have uh have [3:47:26] happened such as um Chestnut Hill West, [3:47:29] Waldo Durgen, and many of others that [3:47:32] I've already emailed about. [3:47:33] Your time is up. So, um, for everyone [3:47:36] who lives here, we owe it to Brooklyn to [3:47:38] set a good and healthy precedence on the [3:47:41] heels of passing the comp plan. Thank [3:47:43] you. [3:47:45] All right, who do we have next? [3:47:47] Uh, next we have Lauren Bernard online. [3:47:50] All right, go ahead, Lauren. [3:47:55] Good evening. Uh, my name is Lauren [3:47:56] Bernard. I'm a resident of precinct 17. [3:48:00] I'm a former town meeting member of [3:48:01] Precinct 17. Um, and before that, [3:48:04] precinct 8, before redistricting, I sit [3:48:07] on the commission for park and [3:48:08] recreation. I'm a commissioner and, uh, [3:48:11] I've been a resident of this [3:48:12] neighborhood for 25 years. [3:48:15] Um, [3:48:17] I have struggled with this for many, [3:48:19] many months. I have not signed the [3:48:21] petition, but I have very serious [3:48:23] reservations about this project. Um, as [3:48:27] many of you know, I have supported every [3:48:29] housing project in town. I have been a [3:48:31] strong advocate of um development both [3:48:35] commercial and residential and for the [3:48:37] first time I feel myself unable to [3:48:40] support this particular project. Um full [3:48:44] disclosure I am an abuter. I live pretty [3:48:48] much at ground zero. I have Waldo Durgen [3:48:50] to the side of me in the back of me and [3:48:52] I have I would have this project in [3:48:55] front of me. It is not what it's doing [3:48:58] to me or my livelihood that has forced [3:49:02] me to to speak. It's that this is a bad [3:49:06] process. I sat on the Koolage Corner [3:49:08] study committee for almost three years [3:49:10] and no one is recommending three years [3:49:12] but there was a lot of due diligence [3:49:15] done and I understand this is not a [3:49:17] commercial or mixeduse development but [3:49:19] it does leave um room for commercial uh [3:49:23] commercial activity on the first floor. [3:49:25] So I think it merits uh further study [3:49:29] and I don't think a year of ref uh [3:49:31] referral to a moderator's committee is [3:49:33] is an undue amount of time. Um [3:49:37] and frankly as an abuter I never [3:49:39] received a notice about any of the [3:49:41] walkthroughs. I never received a notice [3:49:42] about any of the meetings. So I'm [3:49:45] wondering who got these notices because [3:49:47] I didn't get them and as I'm not a [3:49:50] longer town meeting member. Um I want to [3:49:53] speak to two things uh quickly. One is [3:49:55] about um what uh Mr. Allen said, [3:49:58] attorney Allen said about uh we're going [3:50:01] to replace trees if we take down trees. [3:50:03] There is no comparison um about [3:50:07] replacing a mature tree with a young [3:50:09] tree. Um I also sit on the Pierce [3:50:12] Building School Committee and we have [3:50:14] gone to great lengths to preserve um the [3:50:17] mature trees in that playground area for [3:50:20] this very reason. uh the devotion [3:50:22] project, what it was called for the [3:50:24] Ridley School, uh the name of the school [3:50:26] now, uh this was something that [3:50:29] everybody regrets and uh there's just no [3:50:32] comparison. You can't cut down a [3:50:34] 300-year-old tree and expect that, you [3:50:36] know, a sapling is going to make a [3:50:37] difference. Um and I say that as a [3:50:40] commissioner, as somebody who has, you [3:50:42] know, seen this. Um [3:50:45] I I feel that [3:50:48] MOAS um are pieces of paper. Um they [3:50:53] don't promise anything. Uh if the [3:50:56] parties who sign them are no longer the [3:50:58] parties who are [3:50:59] your time is up [3:51:01] and I think this is about flipping when [3:51:04] once the developer gets the upzoning [3:51:07] there is nothing to stop him to flip it [3:51:08] and then we have no idea what's coming [3:51:10] down the pike. I urge further study. [3:51:13] Thank you. [3:51:14] Who do we have next? [3:51:15] Uh, we have Kathman online. [3:51:18] All right. Go ahead, Katha. [3:51:21] Hi. Once again, my name is Kathy [3:51:23] Seidman. I'm a town meeting member in [3:51:25] precinct 2. I serve on the Brooklyn [3:51:27] Commission for the Arts and I'm a board [3:51:28] member of Brooklyn for Everyone. [3:51:30] Tonight, I speak only for myself. I urge [3:51:33] the select board to vote yes on Warren [3:51:35] article 15 and 16 and vote no action on [3:51:37] the referral motion. I just want to make [3:51:39] one correction to the previous speaker. [3:51:41] I do believe that the MOA is um attached [3:51:45] to the title of this property. So it [3:51:48] doesn't the MOA doesn't just go away if [3:51:50] they flip it. Um, warn article 15 [3:51:53] fulfills many of Brooklyn's goals for [3:51:55] change, including those in the [3:51:56] 26year-old [3:51:58] 2000 2020 comprehensive plan, the 2024 [3:52:04] housing production plan, as well as the [3:52:06] climate action and resiliency plan. [3:52:09] Besides the three public hearings as [3:52:11] part of the warrant article review [3:52:13] process, the select board, advisory [3:52:15] committee, subcommittee on land use, [3:52:16] full AC, planning board, housing [3:52:19] advisory board, economic development [3:52:21] advisory board, community health [3:52:23] advisory board, the transportation [3:52:25] board, the zero emissions advisory [3:52:27] board. All those boards will hold public [3:52:29] hearings and then vote on their [3:52:31] recommendation to town meeting for [3:52:33] warrant articles 15 and 16. That's [3:52:36] before town meeting gets to discuss it [3:52:38] all over again. Solving concerns brought [3:52:41] up in community engagement requires a [3:52:44] series of tradeoffs. Not all of the [3:52:46] concerns can be fully met, but the MOA [3:52:49] addresses many of the neighborhood [3:52:50] concerns, especially those expressed [3:52:53] around street safety and tree cover. The [3:52:56] MOA also defines significant aspects of [3:52:59] the design and the design review process [3:53:01] would need to take th all of those into [3:53:03] consideration. [3:53:05] Referring this Warren article would void [3:53:07] all the public benefits in the MOA. The [3:53:10] developer has spent a considerable [3:53:12] considerable [3:53:13] considerable amount of money to get to [3:53:16] this point. [3:53:17] The property's current use generates [3:53:19] some income. So if Warren article is 15 [3:53:22] is referred, the developer would [3:53:24] reassess their interest in pursuing any [3:53:26] changes to their current use of this [3:53:29] property. The owner of Waldo Durgen has [3:53:32] declined many requests to re-engage, [3:53:34] citing interest rates which continue to [3:53:36] rise. Chestnut Hill Realy has recently [3:53:38] applied for another year's continuation [3:53:41] of its 40B permit. Nothing new will be [3:53:43] brought forward by the fall of 27 about [3:53:46] Waldo Durgen and we have no idea when it [3:53:48] will be built or really in the end what [3:53:50] will be buil built. This new zoning is [3:53:53] similar to the surrounding eight and [3:53:55] 10tory buildings. It will protect the [3:53:57] mature trees on the site. I urge this [3:53:59] select board to vote yes on warrant [3:54:01] article 15 and no action on the referral [3:54:04] motion. Thank you. [3:54:06] All right. Who is next? [3:54:08] Mike Stman is online. [3:54:10] Go ahead, Mike. [3:54:16] Uh thank you uh Mike Sandman, former [3:54:19] select board member. Um, I want to speak [3:54:22] to uh one comment that was made about [3:54:25] the uh risk of uh I think it was [3:54:29] overcrowding of shopping uh of the [3:54:32] shopping area. And um I can tell you [3:54:34] that retail store owners in Kulage [3:54:36] Corner have seen a steady erosion of [3:54:39] traffic that is street traffic uh people [3:54:42] coming into their stores uh as a result [3:54:44] of the move towards online shopping. um [3:54:47] an increase in housing that may [3:54:49] eventually be built on this site and [3:54:52] Waldo Duran and elsewhere um would [3:54:55] actually safeguard the economic security [3:54:59] uh of the very valuable commercial [3:55:02] district without which Kulage Corner [3:55:04] would be a much less attractive place [3:55:06] for any of the people who are living [3:55:09] there now. uh and I hope you'll give um [3:55:13] proper uh the proper hearing to uh the [3:55:16] owners of um of retail stores who are [3:55:20] very concerned about their uh their [3:55:22] economic future. Thank you. [3:55:26] All right. Do we have anyone else? [3:55:30] No one online. [3:55:31] Well, you you already spoke on this. Uh [3:55:34] Regina, [3:55:36] if you want to come up, go ahead. [3:55:38] Oh, and then Yolanda Rodriguez is on. [3:55:44] Uh, good evening, Regina Frolley from [3:55:46] Precinct 16. Uh, so much of this I came [3:55:50] tonight really hoping to learn a great [3:55:52] deal about this project. And I have to [3:55:55] say, it's the first time I've ever seen [3:55:58] no graphs, no plots, no plans. Um, I [3:56:04] can't get a visual about it. and that's [3:56:07] always done with zoning. So why not [3:56:09] tonight? [3:56:11] So I find that an issue in terms of how [3:56:13] the the select board is allowing that [3:56:16] particular presentation to go forward. [3:56:18] Um I really came with an open mind and I [3:56:22] hear the wheels closing a bit. I have [3:56:25] the concerns that most of the people [3:56:27] have said. Um I don't know when you have [3:56:32] the site visits. [3:56:34] Yes, you focused apparently clearly only [3:56:36] on the neighborhood, but you're asking [3:56:38] me to vote for it and I live on the [3:56:39] other side of town. I should have had [3:56:41] notifications of many of these things [3:56:43] and I have not had them either. So, I [3:56:46] don't have visuals. I haven't had the [3:56:49] opportunity to go see in whatever they [3:56:52] would say. Um, I'm concerned. I would [3:56:55] like to know more about the memorandum [3:56:58] of um agreement not understanding [3:57:02] agreement that you've conducted where [3:57:04] when how many times did you meet with [3:57:06] him and who else did you meet with [3:57:07] before you drew your major [3:57:10] recommendation for the M OA and that's [3:57:13] something I have a right to hear from [3:57:15] the select board. That's information [3:57:18] that would help guide my my thinking. [3:57:22] So, and I wish you would be um a good [3:57:25] deal more flexible. You have very few [3:57:27] people in the room. Sad to say, very few [3:57:30] people on nine. Um you should be very [3:57:33] flexible about public hearing. It's it's [3:57:35] something I have to I have more [3:57:37] perspective than almost anybody there. [3:57:40] Possibly Melissa's the only one who's [3:57:43] been here almost as long as I not as [3:57:45] long. It's always been more flexible. [3:57:47] has always been really wanting to hear [3:57:50] from your constituents and you're more [3:57:53] rigid and technocratic about this and [3:57:55] it's really disappointing. So I do want [3:57:58] to hear your answer. I hope you will [3:58:00] answer now. [3:58:01] Uh I'll still have time to stop the [3:58:04] clock in case I have to [3:58:06] I think all I would say is that this is [3:58:09] a warrant this is a public hearing for [3:58:11] 15 and the thing that you're asking [3:58:13] about is warrant article 16 which is [3:58:16] coming up next. So I I'm I won't [3:58:19] actually I'm sorry I didn't hear that. [3:58:21] We are we're going to be addressing the [3:58:22] MOA as part of our hearing on the next [3:58:25] warrant article which is warrant article [3:58:26] 16. Warrant article 16 is always [3:58:29] procedure. So I was wondering if he's [3:58:31] going to give the procedure then because [3:58:34] that's important. I [3:58:35] I believe he will but that's coming up [3:58:36] for the next warrant article discussion. [3:58:38] All right. [3:58:39] We're still on 15. I do want to address [3:58:41] though something else that you brought [3:58:43] up regarding allowing for robust [3:58:47] constituent participation. I strongly [3:58:49] support that. But the problem is coming [3:58:52] into today the rules of engagement were [3:58:55] defined that would be three minutes per [3:58:57] person. And the purpose of having a set [3:58:59] rule is so that we are treating [3:59:02] everybody in a viewpoint neutral manner. [3:59:05] If we allow some speakers to go longer [3:59:08] and other speakers to go shorter, it [3:59:11] looks like we're putting our thumbs on [3:59:12] the scale for one side or the other. Uh [3:59:15] I totally agree. I want to hear from [3:59:17] people too. And if there's a lot of [3:59:18] interest in having an additional public [3:59:21] hearing where each person gets up to six [3:59:23] minutes, I would entertain that. I would [3:59:25] I do want to hear from people. But at [3:59:27] the same time, I don't want to be making [3:59:30] decisions on an ad hoc basis, changing [3:59:33] the rules as they were understood coming [3:59:34] in. That's not fair to individual [3:59:37] speakers on one side or another. [3:59:38] And I'm not asking for ad hoc. I'm [3:59:40] saying make a change across the board [3:59:42] for all the meetings that require public [3:59:44] hearing. That's what I'm asking. [3:59:46] All right. You have 43 more seconds if [3:59:47] you'd like to continue a little more. [3:59:49] I beg pardon. [3:59:50] You have another 40 seconds if you got [3:59:52] some more to say. [3:59:52] I've said what I need to say. [3:59:53] All right. Thank you. [3:59:56] Uh Yolanda Rodriguez, you're next. [4:00:00] Thank you. Um, I I'm I'm Yolanda [4:00:04] Rodriguez. I live in precinct 8 and I'm [4:00:07] active at the senior center, but I'm [4:00:09] speaking only for myself. This area is [4:00:13] is sort of like the golden goose for [4:00:15] Brooklyn. It is the most congested area [4:00:18] ever. [4:00:19] I know that it's been mentioned in in a [4:00:23] piece that I read in the chat that [4:00:26] micromobility and all of these wonderful [4:00:28] things will be happening and there'll be [4:00:30] a lot of people there and it'll be an [4:00:32] exciting thing. There are many seniors [4:00:34] who live in this area as well. This is a [4:00:38] huge increase in the number of people [4:00:41] and probably cars and Ubers and lifts [4:00:45] and other things in the area. [4:00:47] Um micromobility is not something that a [4:00:51] lot of the seniors will be using a lot [4:00:53] of. They'll be worried about it but not [4:00:55] using it necessarily. [4:00:57] I it it's going to change what that [4:01:01] coolage corner thing that is what people [4:01:05] come to the SSP logo the everything [4:01:08] that's going to be different with all of [4:01:10] this tall building in this one area. [4:01:14] Um, I just I just hope we're going to be [4:01:18] losing the Center Street parking lot and [4:01:20] the Babcock Street parking lot to [4:01:23] housing in the next few years. And [4:01:26] that's already a big issue for some [4:01:28] people who don't have the ability to get [4:01:31] along without cars. But anyway, you get [4:01:36] the the idea of what I'm saying. If I [4:01:38] have an extra minute and a half and Mr. [4:01:40] you're scene is still in the building. I [4:01:43] I'd donate it to him. Thank you for [4:01:45] listening. [4:01:49] All right. Anyone else online? [4:01:53] There's no hands raised. [4:01:55] Okay. Uh there's [4:02:02] no you already had your aotted time. You [4:02:05] said you had nothing further to say. We [4:02:06] really need to be fair to everybody. [4:02:08] Everyone gets up to three minutes. They [4:02:10] get to speak once. That's it. I am [4:02:13] perfectly willing to schedule an [4:02:15] additional public hearing. I do want to [4:02:17] hear from everybody. I don't want people [4:02:19] to feel that they're not able to [4:02:21] articulate uh themselves fully. So, if [4:02:25] there is an interest in that, I'm happy [4:02:26] to schedule when I am and give each [4:02:28] person more time, but I'm not going to [4:02:30] change the rules midway. There was an [4:02:32] understanding coming in. Each person [4:02:34] gets three minutes. You speak once per [4:02:36] topic. we can set up an additional [4:02:38] hearing that have different rules where [4:02:40] people can speak at greater length and [4:02:42] maybe even repeatedly. But that wasn't [4:02:44] the understanding coming in today. Uh so [4:02:48] Marissa, you're the only one who hasn't [4:02:50] spoken yet on this. If you wanted to, [4:02:51] you don't have to. [4:02:53] Okay. All right. Anyone else online? [4:03:06] All right. [4:03:07] I I think that should be sent to the [4:03:09] select board. We do read [4:03:11] we read it things. [4:03:12] If you if you can send it to us, the [4:03:14] written remarks. [4:03:21] All right. Uh, anyone else? Amanda? [4:03:24] Uh, I just wanted to make one comment [4:03:26] because, uh, Mr. Yen's comments on [4:03:28] renter notification is a big one. And in [4:03:31] one of my first town meetings in [4:03:33] November 2020, we passed warrant article [4:03:36] 24 and 25 that said anytime we notify [4:03:39] homeowners uh usually because a [4:03:41] particular thing is coming before the [4:03:43] ZBA or other body, we also notify [4:03:47] renters. And so there is not uh [4:03:50] disperate treatment between homeowners [4:03:51] and renters. So wanted to clarify that [4:03:56] 24 and 25 in November 2020. [4:04:00] And do we know that this is being [4:04:01] followed to the extent that people [4:04:02] aren't [4:04:03] That is a great question. Uh I don't I'm [4:04:07] guessing that in this particular case [4:04:09] because it was not a ZBA hearing. We [4:04:12] didn't notify a Butters because we [4:04:14] usually don't notify a Butters about [4:04:16] warrant articles. But someone who knows [4:04:19] more should correct me. [4:04:20] I think maybe Cara. Go ahead, Cara, if [4:04:22] you want to come up. [4:04:27] Um, thank you. I Paulie, if I see that [4:04:30] you're still online, do you want to talk [4:04:31] about how our usual practice is to [4:04:33] notify everybody because we don't have [4:04:35] time to differentiate? [4:04:38] Uh, yes, we do notify renters of the [4:04:41] planning board and the ZBA hearings. [4:04:44] Thank you. [4:04:47] All right. [4:04:49] Uh, any select board members want to be [4:04:51] heard? Further questions, comments? [4:04:55] Anthony? [4:04:55] Um, I a quick one. I think one point [4:04:58] that was made about requiring firstf [4:04:59] flooror commercial on this project. Um, [4:05:02] one of the main reasons we want to [4:05:04] target commercial is for the potential [4:05:06] revenue increases that come alongside [4:05:08] it. However, what I'm what I'm almost [4:05:11] positive about is we did an analysis on [4:05:12] that and it would only come out to about [4:05:15] $13,000 a year more in tax revenue if we [4:05:19] if we mandated first floor commercial [4:05:21] and it was populated. And we receive u a [4:05:25] multitude of that within the community [4:05:26] benefits portion of the MOA making um [4:05:29] that not a difficult sticking point. [4:05:33] Okay, [4:05:35] Michael. Um I have a few questions for [4:05:37] the planning director if that's okay. [4:05:40] Go right ahead. [4:05:40] Um the first question following on the [4:05:44] commercial development. Um uh did EDAB [4:05:47] discuss this matter uh and come to any [4:05:51] conclusion or opinion and did they [4:05:54] decide to uh hold a hearing and take up [4:05:58] uh warrant articles 15 andor 16? [4:06:02] Uh you may know that. Meredith Mooney [4:06:04] may know that or probably Suck I guess [4:06:07] may know that. [4:06:09] I think we should get back to you. I [4:06:11] don't know the answer to that. [4:06:12] Okay, Meredith, do you have a [4:06:15] Meredith would would know the answer. [4:06:17] Good evening. Meredith Mooney, economic [4:06:19] development director. EDAB um has not [4:06:21] taken up 26 Pleasant Street. Um and it's [4:06:25] an article hearing and won't be. [4:06:28] Okay. Okay. Um the second question I [4:06:31] have about commercial development is um [4:06:35] uh did the did the planning department [4:06:38] itself or you as an individual um render [4:06:43] any opinions or make any consideration [4:06:46] about whether commercial development [4:06:48] would be helpful or viable on this space [4:06:52] and did you share that information with [4:06:54] any members of the select board? [4:06:58] Yes. [4:07:03] Tara, do you want to answer that? [4:07:04] Sorry, I um you're asking about the [4:07:07] commercial property tax revenue. [4:07:09] The the Anthony was talking about [4:07:10] the the the appropriateness of requiring [4:07:15] commercial development on the ground [4:07:16] floor at 26 Pleasant Street. [4:07:19] Oh. Um, so in executive session when we [4:07:22] were talking about the MOA, [4:07:23] yeah, [4:07:23] um, I did talk about how this is a [4:07:26] location that's on the edge of a [4:07:28] commercial district and when we get it [4:07:30] wrong, that means vacancies or [4:07:32] underutilized properties for a very long [4:07:34] time. I also pointed out that we can't [4:07:37] require property owners to use their [4:07:39] property. So, we can require someone to [4:07:41] not have residential use on the ground [4:07:43] floor, but we can't require them to open [4:07:45] the doors for the public and force a [4:07:47] business to be there. We also talked [4:07:49] about how Waldo Durgen in that zoning [4:07:53] which at that time that was the edge of [4:07:54] a commercial district um we ended up [4:07:57] with a provision and I can't remember if [4:07:58] it was in the zoning or the MOA that [4:08:00] talked about requiring ground floor [4:08:03] retail but in the event that it was [4:08:05] vacant having that space allowed to be [4:08:08] used by the town for basically cleaning [4:08:11] fees for community event space and that [4:08:13] kind of thing. So those are different [4:08:15] strategies that could be used on edge [4:08:16] conditions like this. Okay, thank you. [4:08:20] Um, my next question having to do with [4:08:22] Waldo Durgen and, uh, 1299 Beacon [4:08:25] Street. Um, do you recall when those [4:08:29] projects were sort of fundamentally [4:08:32] designed and what the either the [4:08:35] economic environment or the tariff [4:08:37] environment or the economic viability of [4:08:39] those projects was compared to today? [4:08:44] Sure. And thank you for giving me a [4:08:45] heads up on that question. So, um, 1299 [4:08:48] Beacon Street, um, submitted their 40B [4:08:51] application to the town in March of 2018 [4:08:55] and it was approved in August of 2019. [4:08:58] Um, after that, of course, there was [4:08:59] COVID, the um, permit was appealed by [4:09:02] the Abutter, construction costs have [4:09:04] gone up, etc. Um, Waldo Duran submitted [4:09:08] um, [4:09:10] their 40B application in March 2018. I [4:09:13] don't have when the zoning happened, but [4:09:16] it was around the same time. There was [4:09:17] like a preliminary submitt of the [4:09:19] application and then we finished the [4:09:21] zoning discussion and I do recall that [4:09:24] that zoning discussion ended before [4:09:28] COVID as well. [4:09:30] Okay. Um, the reason I'm bringing this [4:09:34] up is uh to try and figure out whether [4:09:37] or not those projects are uh remain [4:09:40] economically viable or we're going to [4:09:42] have to go through some sort of uh [4:09:45] review process or engagement with those [4:09:47] owners regardless in order to understand [4:09:50] those project. [4:09:50] Yeah. [4:09:51] How those projects would move forward. [4:09:53] So, um, as some of you know, if you look [4:09:56] at the 40B comprehensive plan page, [4:09:59] you'll see a half dozen or so, um, 40B [4:10:02] projects that were permitted around the [4:10:04] same time, a little earlier, a little [4:10:06] later, um, that have been fully [4:10:08] permitted and no building permit has [4:10:10] been applied for. So, that's an [4:10:11] indication of something has shifted with [4:10:14] the um, financial ability for projects [4:10:17] to be feasible. [4:10:18] um both of the um well I'll say Chestnut [4:10:22] Hill Realy in speaking through their [4:10:25] attorney [4:10:27] um has let us know that they are looking [4:10:30] at the numbers are concerned about [4:10:32] interest rates as as Katha said earlier [4:10:35] um and we expect them to come back to [4:10:37] the community with a different proposal [4:10:39] that's going to be more units and more [4:10:42] height but we don't know what that [4:10:43] specific propos proposal is and they're [4:10:45] not ready to have that discussion yet. [4:10:47] Okay. Um, [4:10:50] one more question. Um, there were [4:10:52] comments made during the public comment [4:10:53] period about this being a new process of [4:10:57] a developer uh coming forward with [4:11:00] zoning. Um, and I wonder if you have any [4:11:04] uh recollection or information about the [4:11:09] different ways in which zoning proposals [4:11:12] have occurred um and whether there are [4:11:15] analogies through the history of [4:11:17] Brookline zoning similar to this one. [4:11:21] Yeah. Um, so as far as resoning efforts [4:11:24] that have happened largely with [4:11:25] commercial upzonings that I've been [4:11:27] involved with, um, which I think have [4:11:29] been all of the reasonzoning efforts has [4:11:32] been commercially based at least in the [4:11:34] last 15 years. Those have been kind of a [4:11:37] hopscotch where you know, for example, [4:11:39] at um, at Cleveland Circle, we were [4:11:42] notified that someone was interested in [4:11:43] turning that movie theater into a [4:11:45] grocery store and just putting the [4:11:46] parking lot in Brooklyn. So, you know, a [4:11:48] developer was saying, "This is what I'm [4:11:49] going to do." Um, we worked with a town [4:11:52] meeting members in that neighborhood, [4:11:53] did a um kind of a reactive town meeting [4:11:56] vote, changed some zoning that was kind [4:11:58] of more protectionary, had a process, [4:12:01] and then allowed significant more [4:12:03] density. Each project is a little bit [4:12:05] different. There's a little bit of [4:12:06] hopscotch that happens about, you know, [4:12:08] how much is the developer have a fully [4:12:10] baked plan or not. In the case of Route [4:12:12] 9, um, after we passed the zoning, after [4:12:15] a long community process, the property [4:12:17] owner said, "That's nice. I don't want [4:12:18] to use it." and went under the old [4:12:20] zoning. That proposal for a medical [4:12:23] office never happened and eventually the [4:12:25] property was sold to a hotel owner who [4:12:27] built the hotel under zoning. So these [4:12:29] things kind of reiterate back and forth. [4:12:32] um [4:12:34] in working on the comprehensive plan and [4:12:36] some other projects, we've been doing [4:12:38] some deep dives of early zoning history [4:12:40] in Brooklyn. And from, you know, a month [4:12:44] or so after the zoning passed in [4:12:45] Brooklyn, um in in the early days, um in [4:12:50] 1922, [4:12:51] uh property owners were requesting the [4:12:53] planning board to make changes to their [4:12:55] property. And in those early years, most [4:12:57] of those changes were asking to be more [4:13:00] restrictive, to go from general [4:13:02] residents to single family districts, [4:13:04] for example. But there were examples [4:13:06] where people asked to go um including at [4:13:10] the shops at Putterham, there was a [4:13:12] request to allow business uses in a what [4:13:16] was a residential district. Um and that [4:13:19] process didn't include a big study. it, [4:13:21] you know, there was um not a a number of [4:13:25] people that spoke for or against um and [4:13:28] the planning board held two public [4:13:30] hearings. They thought it was a good [4:13:32] idea. Town meeting voted for it in 1925. [4:13:35] The the biggest example that I could [4:13:37] find where a property owner asked for a [4:13:39] significant change in those early years [4:13:41] was the town itself when we um asked [4:13:44] town meeting to change the zoning for [4:13:46] the transfer station for the incinerator [4:13:47] in 1945. Um, and that had a lot of [4:13:50] people speaking before and against. The [4:13:52] planning board ultimately recommended [4:13:53] the resoning as it was in the best [4:13:55] interest of the town. And that was in [4:13:57] 1946, the same year that town meeting [4:14:01] voted to put in the zoning for Hancock [4:14:03] Village um, post World War II housing. [4:14:06] So, both of those things were property [4:14:09] owner driven um, and that town being [4:14:11] took up. [4:14:14] There are some samples. [4:14:15] Thank you very much. [4:14:17] I have a Well, go go go ahead. [4:14:20] Just one quick question. Uh Paulie, uh [4:14:23] you said that we give notices to um uh [4:14:26] renters. How do you identify the renters [4:14:29] in a particular area? [4:14:32] Well, we we send it to the resident [4:14:36] the property. [4:14:37] You mean to the property owner? [4:14:40] No, to to the resident of that address. [4:14:43] Okay. [4:14:46] Um, I wanted to follow up on a topic [4:14:50] Michael raised in his questions [4:14:51] regarding Waldo Durgen and 1299 [4:14:54] uh, Beacon Street. [4:14:56] So, part of the uh concern that I'm [4:15:01] hearing from some of the neighborhood [4:15:03] residents around 26 Pleasant is that [4:15:06] they want to make sure that the impacts [4:15:10] of Waldo Duran and 1299 Beacon Street [4:15:12] are also factored into whatever [4:15:15] ultimately gets approved for 26 [4:15:17] Pleasant. But given that we are likely [4:15:20] to see significant changes to uh the [4:15:24] projects at Waldo Durgen and 1299 Beacon [4:15:27] Street, how realistic would it be that [4:15:30] we can consider all three together if [4:15:33] all three are operating on different [4:15:35] timelines? Doesn't it become a little [4:15:37] bit of a waiting game that might never [4:15:40] end? If one project is dependent upon [4:15:42] another that's dependent upon another. [4:15:44] Um yeah, I don't think that to my [4:15:46] knowledge that projects are not [4:15:47] dependent on each other. One thing that [4:15:49] does happen is um traffic studies are [4:15:52] done cumulatively. So if there is a [4:15:55] project that is permitted, it is usually [4:15:57] and it's down the street and it hasn't [4:15:58] started, it's usually included in the [4:16:00] traffic study, those impacts. Um there's [4:16:04] I don't want to speak for the [4:16:05] transportation department. if something [4:16:06] has been zoned but not even begun [4:16:09] permitting in earnest whether that would [4:16:11] be considered a quote live project or [4:16:13] whether there might be some discussion [4:16:14] of assuming some range of you know [4:16:17] impacts in that kind of background [4:16:18] growth. Um but as far as water and sewer [4:16:21] goes [4:16:23] um well and traffic um the property [4:16:26] under the developer is responsible for [4:16:27] any mitigation that's required. Um, and [4:16:30] sometimes that's, you know, replacing [4:16:32] lines in the street, but there's not, [4:16:34] um, overall, you know, uh, utility [4:16:37] concerns except for, as we've talked [4:16:39] about, I have a question mark on [4:16:42] electricity grid capacity townwide. Um, [4:16:46] but also in North Brooklyn, we saw that [4:16:48] slow down 45 Marion by a couple months [4:16:52] as they were getting close to the finish [4:16:53] line. So, that's just something the [4:16:55] developer would want to make sure they [4:16:57] looked into early on. [4:16:59] All right. In terms of the order of how [4:17:02] these different proposals are [4:17:04] considered, at least to me, I think it [4:17:06] would actually be helpful to know what [4:17:09] the uh to have 26 Pleasant Street [4:17:12] continue as scheduled because then we [4:17:14] would know what those impacts would be [4:17:17] and that would help inform discussions [4:17:20] over Waldo Durgen and 1299. if we I'm [4:17:24] not sure what else we would learn by [4:17:26] waiting until uh May or potentially [4:17:30] beyond with respect to this point. Of [4:17:32] course, more feedback can always help [4:17:35] inform, but with respect to the specific [4:17:37] concern about the collective impact of [4:17:40] the three, I don't know how we ever know [4:17:43] that collective impact if we don't start [4:17:45] proceeding one by one in some fashion. [4:17:48] Yeah. Speaking on construction impacts, [4:17:51] you know, on its own. The other piece [4:17:55] that is helpful just to know as kind of [4:17:57] background is that from the time a [4:17:59] project is permitted with the ZBA until [4:18:02] the building permit is um applied for is [4:18:05] usually a year for projects of this [4:18:07] size. And that's because um property [4:18:10] owners are getting financing, they're [4:18:12] getting real construction docs put [4:18:14] together, they're getting quotes from um [4:18:16] contractors. And so there will be a year [4:18:20] period of time where Uh Paulie and I [4:18:23] keep in touch with different attorneys [4:18:24] or property owners. What are you doing? [4:18:26] When are you thinking about filing? We [4:18:27] talk with the building department every [4:18:29] week. Um and I think the town most towns [4:18:32] can do a better job with construction [4:18:33] management impacts. And whether it's one [4:18:36] project or three, we've we all can think [4:18:38] of different individual projects that [4:18:41] have gone on for so long and had such a [4:18:43] big impact on a corner street. um that [4:18:46] that's something that we need to I think [4:18:47] that we need to work on and um we are [4:18:50] working on with DPW again whether it's a [4:18:52] single project or a school project um [4:18:55] right next door you know we've learned [4:18:56] ways to um be more clever about [4:19:00] impacting where construction workers [4:19:01] work during the um work as well as being [4:19:04] aware of if a permit is given for taking [4:19:07] up a street for loading for example [4:19:10] how long is that permission given for if [4:19:12] the project goes on for six seven nine [4:19:15] years. [4:19:16] Okay. [4:19:18] Anyone else? Anthony. [4:19:19] Yeah. I just I want to make a quick [4:19:21] point. I hate I hate the [4:19:24] the these these other developers who [4:19:27] either got the 40B permit or um Waldo [4:19:30] Durgen. They've been sitting on those [4:19:32] projects for almost like a decade in one [4:19:34] case. And so it's a real shame to be [4:19:36] held hostage for economic growth because [4:19:38] of one developer's inaction from a [4:19:40] decade ago. That that that doesn't [4:19:42] that's just not good. That's not good [4:19:43] policy in my view. [4:19:45] Right. I I agree with you, Anthony. So [4:19:47] that's why specific to the point about [4:19:50] we need to know the impacts of all [4:19:51] three. We can't force the other two [4:19:54] to uh address what their new plan might [4:19:57] be. And obviously it's not going to be [4:19:59] the same as what was permitted or they [4:20:01] probably would have built it by now. [4:20:02] And not to mention, I mean, these are in [4:20:05] many ways these are like competing [4:20:06] companies that they're in competition [4:20:08] with each other. I mean like they don't [4:20:09] have an incentive to cooperate like [4:20:11] that. That's [4:20:12] and whichever one goes first will [4:20:14] probably constrain what the other two do [4:20:17] because of course we're going to be [4:20:18] mindful of traffic impacts of the [4:20:21] electric grid and what one project would [4:20:24] mean for the other two. [4:20:27] Uh somebody has to go first. So to me it [4:20:29] might as well be 26 Pleasant if they're [4:20:31] willing to move forward. And and one [4:20:33] more point to that, we'll get to this [4:20:36] inside of article 16, but with the MOA, [4:20:38] if there's no action prior to July 2032, [4:20:43] it's nullified. [4:20:44] So, if they don't act before 2032, then [4:20:47] all their special zoning is gone. They [4:20:50] need to act before 2032, whether it's [4:20:51] applying for a building permit, etc. I [4:20:53] don't know the specifics. [4:20:55] What am I close? [4:20:56] Uh, you're close. I have to come back [4:20:59] and renegotiate. Yeah, [4:21:00] but the current terms would [4:21:02] of the MOA would [4:21:03] disa raised a point in her public [4:21:06] comment that uh I thought it's quite [4:21:09] germanine. I too frankly would have [4:21:11] appreciated a little more clarity in the [4:21:14] presentation of what 26 Pleasant Street [4:21:17] uh would represent and I know in writing [4:21:19] we have that information, but for the [4:21:21] broader public it might be helpful to [4:21:23] know, for example, uh how many [4:21:25] affordable housing units would we be [4:21:27] getting? What's the breakdown between [4:21:30] threebedroom, twobedroom, onebedroom, [4:21:33] studio, etc. How much open space? There [4:21:36] was a pocket park that's referenced, but [4:21:38] where would it be? If we can have some [4:21:40] more of those details, I think that [4:21:42] would be helpful for the public. [4:21:45] I'll also I'll also just take a note. [4:21:47] Oh, sorry. Go ahead. [4:21:49] Oh, go ahead. [4:21:50] Okay. Um the notion of like the the the [4:21:55] distribution of unit sizes I think is [4:21:56] also a really important point. The [4:21:58] majority of the units listed in the [4:22:00] building are studios and one beds. [4:22:03] Studios and one beds are and and it's [4:22:06] all apartments. So it's all renting um [4:22:09] not condo ownership which is very tax [4:22:11] beneficial for the town because for [4:22:13] condo ownership they get the residential [4:22:15] tax exemption um which decreases the tax [4:22:17] liability of the given property. If it's [4:22:20] an apartment, then you get the full tax [4:22:21] liability of that property. So that's a [4:22:23] higher tax base that you're getting. So [4:22:25] the estimated revenue is around 250,000 [4:22:27] from RKG independent um from the [4:22:31] developer. Developer found 350 something [4:22:33] like that. Um and the point I wanted to [4:22:36] make about studios and one beds, those [4:22:37] are actually really beneficial things to [4:22:39] build because the people who normally [4:22:41] move into studios, one beds are young [4:22:43] working professionals or people who are [4:22:44] in their older years. And those are two [4:22:46] communities that um do not use up [4:22:49] significant amounts of town resources. [4:22:51] Um and that that that adds that that [4:22:54] adds to the net revenue calculation. So, [4:22:56] you know, these are all things that [4:22:57] we're trying to weigh uh in the [4:23:00] environmental concern. Well, actually, [4:23:01] we'll we'll talk about that when we get [4:23:03] to 16. [4:23:05] But go ahead, Amanda. [4:23:06] Oh, I I can't believe we got to say [4:23:08] this. Uh but I'm gonna echo something [4:23:09] that Paul Warren emailed uh which uh is [4:23:12] always nice when I get to agree with [4:23:14] folks. um is that we do want to make [4:23:18] sure that we are not zoning only for [4:23:23] people without young kids. That is not [4:23:25] the message that we want to be giving to [4:23:27] the community at large. It to have a [4:23:30] vibrant community. We want all ages. We [4:23:33] want from the very young to the very old [4:23:35] and and everywhere in between um to make [4:23:38] for a vibrant community. And so while I [4:23:40] agree with your point that it is more [4:23:42] economically beneficial, uh I want to [4:23:45] make sure that we are forwardlooking not [4:23:47] exclusively only building non-family [4:23:50] units. [4:23:50] I I'm describing the present, not [4:23:52] prescribing anything. You know what I [4:23:54] mean? That's just Yeah. [4:23:55] So I'm not sure who wants to uh take [4:23:56] this question, but if we could just go [4:23:58] over some of those basics. So there are [4:24:00] 96 units. Uh what's the breakdown in [4:24:03] terms of bedrooms? How many affordable [4:24:05] units? [4:24:06] what's the open space in terms of square [4:24:10] footage roughly just so that the public [4:24:12] can better visualize what this project [4:24:14] would entail. [4:24:16] Mr. Chairman, [4:24:17] go ahead. [4:24:18] The the representative No, first of all, [4:24:21] I want to apologize. Uh there was a [4:24:24] breakdown here. Nobody from the select [4:24:26] board's office notified us that we were [4:24:29] going to be on tonight. I found out [4:24:30] about it when I was talking to Michael [4:24:33] around 12:00 this afternoon. [4:24:36] So, we had a scramble to to get [4:24:38] together, but we did not know that this [4:24:41] was being heard tonight. But in any [4:24:43] event, I do have uh Todd Fremont Smith [4:24:47] on the Zoom and he has a a minor [4:24:51] PowerPoint presentation that he could [4:24:53] show with the breakdowns and so forth if [4:24:55] you want to see it. [4:24:56] Yes, I'd appreciate that. [4:24:58] Todd, can you [4:25:00] And we had something in the packet, too. [4:25:03] Yes, it's attached. It's also attached [4:25:06] to the MOA as an exhibit some drawings. [4:25:10] Todd, it's all yours. [4:25:13] Thanks, Jeff. I was trying to get in. I [4:25:15] thought I was doing something wrong, but [4:25:16] I was just promoted to co-host. So, now [4:25:18] I'm in. Thank you. Uh, members of the [4:25:21] board, Todd Fremont Smith with Nord Bomb [4:25:23] Company. I did I did want to clarify one [4:25:26] as I get older. some of the comments [4:25:28] about 2004. We did have an informal [4:25:31] 24 [4:25:33] 2024 we did have an informal [4:25:36] conversation with the housing advisory [4:25:38] board um because at that time I think [4:25:41] the town was concerned that it might [4:25:44] fall below 10% on the 40B list and so [4:25:47] there was an open just an informal [4:25:49] discussion about a friendly 40B. I think [4:25:51] the housing advisory board at that point [4:25:54] felt that the process really should go [4:25:56] through town meeting. So Jeff and I went [4:25:58] away and um came back and we we've been [4:26:01] going through the town meeting process. [4:26:02] Really, that's where it should go [4:26:03] anyway. But there was something in 2024. [4:26:06] There was a discussion just just to be [4:26:08] clear, but no formal proposal [4:26:11] 80 units [4:26:12] if that's helpful. Um [4:26:15] let me just try to share. Hold on. [4:26:18] And [4:26:20] tell me if you can see. Can you guys see [4:26:22] the screen or [4:26:28] Jeff, can you see the see the screen? [4:26:30] I can see the screen, but I can't see. [4:26:32] You're not [4:26:33] I can't see my Okay, hold on. Let me try [4:26:34] again. [4:26:36] We are before the planning board for the [4:26:39] third or fourth time tomorrow night as [4:26:41] well. So, [4:26:42] Thursday night, Thursday night, [4:26:43] sorry. [4:26:44] So, you'll see the same the same uh [4:26:46] slideshow if you care to watch it again. [4:26:50] So, it's working now, I take it. [4:26:52] No. [4:26:54] What? [4:26:57] You sure? It says I'm [4:26:58] your screen, but it's the Zoom screen. [4:27:01] Oh, it's the wrong one. Sorry. [4:27:03] Sorry. [4:27:03] You think you'd think after um [4:27:09] stop sharing. [4:27:14] Try it one last time. Here we go. [4:27:20] Is that better? [4:27:22] Yes. [4:27:22] Okay. Okay. So, I'll try to I'll be [4:27:24] brief. This I've got a few slides, but [4:27:25] I'll be brief, but you're you're asking [4:27:27] for context. So, uh I'm with Nordlmom [4:27:29] Company. Nordblum is a [4:27:32] 100-year-old Let me just minimize this [4:27:35] 101year-old family office based in in [4:27:37] Burlington. We've been in Brooklyn for [4:27:40] 96 years. Um the portfolio there [4:27:43] consists of some a combination of [4:27:46] elegant older buildings. Uh we did [4:27:48] develop a new building that Jeff helped [4:27:51] us with. I think it's called Marian [4:27:52] Square a few years back but we own you [4:27:54] know the 18 units on Green Street uh 65 [4:27:58] units uh at at the regent which is a [4:28:01] beautiful older building. Um here's [4:28:03] Marian Square 51 units that we developed [4:28:05] back in 2002. [4:28:08] Uh for many years we owned Pelum Hall [4:28:10] which is I remember as a kid there was a [4:28:12] Saab dealership in the in the ground [4:28:14] floor of this building. That's how old I [4:28:16] am. 148 units. This was sold a few years [4:28:19] ago to deal with some estate issues. Um, [4:28:23] and this this parking lot was one of the [4:28:25] holdings, 26 Pleasant Street. That's [4:28:28] just one of the family holdings. Um, [4:28:30] that, you know, when we owned Pelum Hall [4:28:32] and uh we just felt we weren't really [4:28:36] such such a big development company at [4:28:38] that point. Um, and this was a good [4:28:39] income. So, we just held this for a long [4:28:41] time. The family held it for decades and [4:28:43] decades. and it's just a surface parking [4:28:45] lot with 60 spaces. There are some trees [4:28:48] along the border, the very edge of the [4:28:50] property. Uh very few if any in the [4:28:53] middle of the property. So, we just [4:28:55] thought why don't we do why don't we why [4:28:57] don't we try to house people instead of [4:28:59] cars. And we started to work with the [4:29:01] architectural team of Boston, they're [4:29:04] very good architecture firm to lay out [4:29:06] uh the footprint of the building. And we [4:29:08] can go back to this. I know I'm going [4:29:10] quickly, but uh this is a proposed [4:29:12] sevenstory building with 96 units um [4:29:16] about 49 parking spaces. [4:29:19] I'll keep going. We can come back to any [4:29:20] of these slides if you like. These are [4:29:22] just some architectural drawings showing [4:29:23] the ground floor. The parking is within [4:29:26] the building. It's sort of a one level [4:29:28] down, one level up within the building. [4:29:31] We've intentionally designed this [4:29:32] building to be uh buildable in the [4:29:35] current market that you know, we're not [4:29:37] going too tall. We're we're trying to [4:29:39] stay out of um high-rise construction [4:29:41] that just adds cost. We're trying to [4:29:43] stay out of deep underground park just [4:29:45] adds costs. Um so we're trying to make [4:29:48] sure that the building that we're [4:29:49] showing you. [4:29:52] And to Jeff's point, we've this just a [4:29:54] little graphic showing some of the [4:29:55] heights of other buildings around us. Uh [4:29:58] 81 feet at Pelum Hall, 78 feet or to or [4:30:01] 95 feet actually at the uh senior [4:30:03] housing next door. And then I don't know [4:30:05] the the height but Waldo Durgen was [4:30:08] proposed to be higher and I think we [4:30:10] just heard they they might even want [4:30:11] want to go taller than that. Um so we [4:30:14] started sketching the building with the [4:30:16] architectural team and um we really [4:30:19] wanted to you know this is the kind of [4:30:21] building that this is an elevator [4:30:22] building u with the units are flat. We [4:30:26] did note in working with some of the [4:30:28] neighbors uh that the very uh busy [4:30:32] library across the street uh is is an [4:30:34] amenity to the building and we thought [4:30:36] well why don't we why don't we build [4:30:37] this sort of what we're calling sort of [4:30:39] an outdoor reading room across the [4:30:41] street from the library where people can [4:30:42] come across Pleasant Street and we'll do [4:30:45] as as Jeff said working with CPPley Wolf [4:30:47] Landscape Architects we would do a [4:30:49] pocket park here where people could [4:30:51] bring a book or where or where or where [4:30:52] or where or where or where or where or [4:30:52] where or where or where or where or kids [4:30:53] could come over and sit here and talk. [4:30:54] Um, so we are the original building was [4:30:57] much more up on Pleasant Street. We [4:30:58] thought that was the best urban design, [4:31:00] but in working with the planning staff, [4:31:02] we pushed this about half the building [4:31:04] back uh to create this opportunity for [4:31:06] an uh pocket park. Uh here's a rendering [4:31:09] that we did just as Jeff says, we like [4:31:11] to show town meeting and the planning [4:31:14] staff and all the boards that you a good [4:31:16] rendering of what we're really thinking [4:31:18] so you you know what you're voting on [4:31:19] and this is consistent with the zoning [4:31:21] massing. If we were approved, this is [4:31:23] the building we would build except we [4:31:26] that we have to go through full design [4:31:27] review with um the planning planning [4:31:30] board and and and the town. So, the [4:31:32] building could get better. Probably [4:31:34] usually does get better as you go [4:31:35] through design review. Here's an image [4:31:37] just of the ground level on Pleasant [4:31:38] Street. And these are just contextual, [4:31:40] but this is again designed enough that [4:31:43] we could build this if if you you wanted [4:31:45] us to or we could work on this for 6 [4:31:47] months or a year with the town planning [4:31:49] department to make it better. uh [4:31:50] activated streetscape park at park. [4:31:54] Um and so the project summaries the [4:31:56] chair to the chair's question 96 units [4:31:59] uh 0.5 parking. We think that could even [4:32:01] go lower. We think a lot of cars are [4:32:03] going away. So we're open to a lower [4:32:05] parking density. Um uh 3.8. We're asking [4:32:09] for 4.0 because we're not fully [4:32:11] designed. But this again here it's [4:32:13] saying a 3.0 3.8 F 100% electric design. [4:32:17] This would be a passive house building. [4:32:19] Um, and so we're asking for a zoning [4:32:21] amendment. We felt that this was the [4:32:22] right thing to do. Go to town meeting, [4:32:25] show them the building we'd like to [4:32:26] build, let the architect speak if if [4:32:29] desired, and and ask for that zoning [4:32:32] window. Without the zoning, we can't [4:32:33] design it. We don't This is probably a [4:32:35] million dollars to design this building [4:32:37] and to work through the process with uh [4:32:40] Paul's group, but we c we can't do that [4:32:42] if we don't have a zoning window. So, [4:32:44] there has been an a robust public [4:32:46] process here. I'm going to double check [4:32:48] all these dates, but we have been at [4:32:49] this. We filed in 2025 originally. Um we [4:32:54] tried to go to town meeting last uh last [4:32:57] May. Uh a lot of good voices in town [4:33:00] said, "You know what? You're going too [4:33:02] fast. Slow down. Take the summer, have [4:33:04] some meetings, work with the planning [4:33:06] staff." So, we did that over the summer [4:33:07] and now we're back at this town meeting. [4:33:09] So, this is in our view, this is a [4:33:11] process that's been going on for a [4:33:12] while, but that's just our view. Could [4:33:15] could you go over [4:33:16] community benefits going to be building [4:33:17] 96 flats uh with elevators and parking [4:33:21] under. So if you think about young [4:33:23] people as one of the members said or [4:33:25] seniors who want to get out of a larger [4:33:27] home and get into a flat unit without [4:33:29] stairs with an elevator, fully staffed [4:33:32] building, full amenities. Um and then [4:33:34] we're complying with Brookline's uh [4:33:37] affordable housing bylaw onsite. We're [4:33:40] not looking for any buyouts. We're going [4:33:41] to put the 15% units on site. Um we're [4:33:44] committed to building this pocket park. [4:33:47] Um our our fiscal impact an analyst said [4:33:51] that the taxes would grow from 29,000 to [4:33:53] about 575,000. We know that there are [4:33:56] dedux to that and we could we can as [4:33:58] Jeff said we can argue about the deduct [4:34:00] but that's a pretty large jump in gross [4:34:02] income that would be coming every year [4:34:05] to the town. And just, you know, [4:34:07] obviously we're we we are a long we [4:34:09] consider ourselves a long-term partner [4:34:10] in Koolage Corner. Um so that's the [4:34:13] building. That's that's the summary. We [4:34:14] are before the planning board Thursday [4:34:16] night again. Um and we do appreciate [4:34:19] there. I do appreciate uh uh Vice [4:34:23] Chairman Rubenstein's efforts to help us [4:34:25] craft an MOA and uh Paulie Celico's [4:34:29] efforts to help us make sure the zoning [4:34:31] is uh intelligently written. And that [4:34:35] that's it. Thank you. [4:34:36] Thank you. Some of the uh public [4:34:38] commenters raised as a concern the lack [4:34:42] of a commercial requirement for the [4:34:45] first floor. Could you describe what [4:34:47] type of optionality if any you are [4:34:50] maintaining for first floor use? [4:34:54] You we we we do the zoning allows for [4:34:57] first floor uh commercial use. We we as [4:35:01] you as Cara said it's on the edge. We [4:35:03] don't think it it's retail. We we we're [4:35:07] hoping Nordloom puts their office in the [4:35:10] first floor for [4:35:12] That's our intention. Our intention is [4:35:13] to put our management office for all of [4:35:15] our apartments in that space. So it' be [4:35:17] active uh during the day. [4:35:19] Corner [4:35:21] for Koolage Corner. Yes. Yeah. The whole [4:35:23] the portfolio I showed you. Um we would [4:35:25] have full-time staff. We'd have leasing [4:35:27] managers, maintenance managers. Um and [4:35:29] so it'd be active during the day. It [4:35:31] would be our office. to be office space, [4:35:32] not retail is really the the answer to [4:35:34] your question. [4:35:36] Okay. Anyone else have questions for the [4:35:38] petitioner? [4:35:40] Anthony, [4:35:41] wait. Now I'm a little confused from the [4:35:43] previous conversation. So, is your [4:35:44] intention to use the entire first floor [4:35:46] for um office commercial space? [4:35:48] That that that's where we are today. Uh [4:35:52] we're we are currently planning our [4:35:54] amenity space on the top floor. So what [4:35:56] we would do is make that amenity space [4:35:58] on the top floor which also has a roof [4:36:00] deck available for community meetings. [4:36:03] Okay. [4:36:04] Which I think in many ways it could be [4:36:05] more unique. [4:36:06] And and how and how much of the first [4:36:09] floor is devoted towards uh residential [4:36:12] services for residents of the building [4:36:14] things like lobbies or mail rooms or [4:36:16] bicycle storage or or [4:36:19] we I generally said 2/3 oneird at this [4:36:23] point but that it's still designed. [4:36:26] Yeah, [4:36:27] we still need to design it, Michael. But [4:36:28] there'd be a lot there'd be a a boutique [4:36:30] lobby entrance where where um you know, [4:36:33] people come and come and go pick up [4:36:35] their mail and then there'd be a leasing [4:36:36] office there as well. [4:36:37] Thanks, Michael. You asked my question [4:36:38] better than I could. [4:36:40] Thank you. [4:36:42] All right. So, I did give the petitioner [4:36:44] more time. So, uh if Linda Pel is still [4:36:46] on and she wanted to make any additional [4:36:49] points, I'll let her do that. [4:36:53] I don't see her. [4:36:55] All right, [4:36:58] Anthony. [4:36:59] No. Um, would you would you be [4:37:01] interested in allowing Susan to finish [4:37:03] up Martin's points given that we just [4:37:05] gave the petitioner more time? [4:37:07] All right, I think we can do that now. [4:37:08] We did give the petitioner more time. [4:37:10] We have 15 or 16. [4:37:12] We're still on 15. If somebody wants to [4:37:14] finish Martin Yen's remarks, we can do [4:37:16] that. We did give the petitioner more [4:37:18] time now. [4:37:21] I'll speak on [4:37:23] you. You'll be able to do that. That [4:37:25] That's fine. But we're still on 15. [4:37:27] I'll finish. Martin, [4:37:28] go ahead. [4:37:29] Okay. [4:37:32] So, uh, Martin Yasine was saying that [4:37:34] Brooklyn is not Milton, is not Newton, [4:37:37] is not Welssley. Koolage Corner's [4:37:39] density, look it up, is roughly 26,000 [4:37:42] square ft. And this density is among the [4:37:45] top 15 most dense in the US. that we in [4:37:48] Coolage Corner somehow owe it to the [4:37:50] citizens of Massachusetts to pack it [4:37:52] ever more and more housing is in my view [4:37:56] absurd. Our health is truly at stake in [4:37:58] all of this and we deserve the hearing [4:38:01] and examination that a vote to refer [4:38:03] will provide. Indeed, the only urgency I [4:38:06] discern is the desire of the [4:38:08] multi-billion dollar developer Norblum [4:38:11] Realy to make a multi-million dollar [4:38:13] windfall that would be immediately [4:38:16] realized where the town to approve their [4:38:18] proposal and thus enable Norbum to [4:38:21] possibly flip the property at a huge [4:38:23] profit to another developer who they may [4:38:26] already have in mind and simultaneously [4:38:28] ensure that their attorney leading this [4:38:30] fight will enjoy a similar windfall as [4:38:32] well. It is common knowledge to anyone [4:38:35] who keeps up with the news, as most [4:38:38] Brooklyners do, that not only has the [4:38:40] Federal Reserve raised interest rates a [4:38:42] few weeks ago, but will most likely do [4:38:44] so twice more in the coming months, as [4:38:46] persistent inflation is an overriding [4:38:48] concern that shows no signs of abating. [4:38:51] And any honest developer will [4:38:53] acknowledge that in the current interest [4:38:55] rate environment, the price of [4:38:56] development loans is simply too high to [4:38:59] allow them to borrow large sums to [4:39:01] finance their major projects. Hence, [4:39:03] Chestnut Hill Realy years ago failure to [4:39:06] do anything with the Pleasant Beacon [4:39:07] Street site beyond tearing down the [4:39:09] buildings that were on it. Most town [4:39:12] meeting members are probably unaware [4:39:13] that buried in Norbum's most recent [4:39:15] proposal is a commitment that they will [4:39:17] build their project by 2032. Quite [4:39:20] obviously, Norbum has no intention of [4:39:23] proceeding with their proposed [4:39:24] development anytime soon. What reason [4:39:27] can there uh possibly be then for [4:39:29] Norbble and Jeffrey Allen to push [4:39:32] forward for a vote on warrant article 15 [4:39:35] at the November town meeting except to [4:39:38] avoid the scrutiny that would result [4:39:39] from referring the article and thus [4:39:41] enabling the hundreds upon hundreds of [4:39:43] our Koolage Corner residents who would [4:39:45] be directly impacted by the development [4:39:47] to have the time to become fully aware [4:39:49] of and examine the multitude of issues [4:39:52] raised by a project of this scale and [4:39:55] articulate their concerns. concerns. As [4:39:56] noted at the outset, this rush to vote [4:39:59] on on uh 15 is in fact a betrayal of [4:40:04] Brooklyn citizenry who reasonably expect [4:40:08] that any such project will be examined [4:40:10] in the context of the Brooklyn [4:40:12] comprehensive plan. But according to the [4:40:14] comprehensive plan that was passed [4:40:15] unanimously by town meeting in 2021 and [4:40:18] whose current revision is shortly to be [4:40:21] presented to the town, careful [4:40:23] examination of these may. Many attendant [4:40:26] issues is exactly what should happen. [4:40:28] Betrayal is a strong word, but I use it [4:40:30] with full intent and understanding of [4:40:32] its meaning. Hundreds upon hundreds of [4:40:34] Brooklyn citizens were involved in the [4:40:36] creation of the comprehensive plan and [4:40:38] dozens upon dozens selflessly gave [4:40:40] countless unc uncompensated hours to the [4:40:43] creation of both the original and [4:40:44] revised plan. And now normal realy with [4:40:47] no interest in Brooklyn other than as a [4:40:49] property owner is asking town meeting to [4:40:51] betray the manifest interest of the [4:40:53] kulacha community and circumvent the [4:40:56] careful examination of the issues that [4:40:58] would result from referring the article [4:40:59] for consideration within the context of [4:41:02] the comp plan. So I say to town meeting [4:41:04] if you want to betray your neighbors by [4:41:06] all means vote yes. If you want to make [4:41:08] a mockery of the thousands upon hours of [4:41:10] toil and civic respon resp [4:41:11] responsibility that underlines the [4:41:14] creation of the comp plan, vote yes. And [4:41:16] if you want to be a party to creating [4:41:18] deep division, anger, and civic [4:41:20] destruction in Brooklyn, vote yes. But [4:41:22] if you care about your neighbors, if you [4:41:23] care about the almost 400 residents of [4:41:26] the neighborhood who quickly signed a [4:41:28] petition opposing Norb Blood's proposal, [4:41:30] if you want to be able to look yourself [4:41:32] in the mirror and say that yes, this is [4:41:34] a matter of great import that inarguably [4:41:37] deserves careful examination, I urge you [4:41:39] to vote to refer Warren Article 15 and [4:41:42] have a vastly more enlightened vote in [4:41:44] spring 2027. [4:41:46] Uh Martin Yosine, 25 John Street. Thank [4:41:50] you. [4:41:51] All right. Uh, before we close the [4:41:53] public hearing, is there anyone else who [4:41:55] has not spoken yet on Warren Article 15 [4:41:58] who wants to be heard? [4:42:03] All right, seeing none, we will close [4:42:05] the public hearing on Warren Article 15. [4:42:08] Uh, if there is a lot of interest in [4:42:09] having another one, I'm open to us [4:42:12] scheduling an additional one. Uh, now we [4:42:15] will move on to Warren article 16. [4:42:20] Uh, which select board is the [4:42:22] petitioner? Michael. [4:42:24] Okay. Um, [4:42:27] can I [4:42:28] Michael, don't take personally take a [4:42:30] break. [4:42:32] That's okay. Um, just so the one thing [4:42:34] I'll say before you leave, Bernard, um, [4:42:37] there is a revised version of the MOA in [4:42:39] the packet. I'm going to go over the [4:42:40] differences and I am going to ask the [4:42:42] select board to vote to replace the [4:42:46] warrant article that we voted on last [4:42:48] week with this warrant article so that [4:42:51] it can go uh as the select board's uh [4:42:54] proposal to uh land use subcommittee [4:42:58] tomorrow and Thursday but I'm going to [4:43:01] do my presentation first in the public [4:43:02] hearing so that vote is can come later. [4:43:06] Okay. [4:43:08] Uh, I have host disabled participants [4:43:10] screen sharing. Am I a co-host? [4:43:12] You are a co-host now. Yes. [4:43:20] Okay. Um, so this is a discussion of [4:43:23] Warrant Article 16 and the memorandum of [4:43:25] agreement um between the town of [4:43:27] Brooklyn and uh the Nor Bloom Company. [4:43:32] Uh I would like to thank um many people [4:43:36] who participated uh including uh Nor [4:43:39] Bloom, Jeffrey Allen, uh members of the [4:43:42] planning department, members of DPW, uh [4:43:44] citizens who I had the uh privilege and [4:43:48] pleasure to meet with to get feedback uh [4:43:50] on multiple sides of this issue. Um, [4:43:53] what I'm going to be showing tonight, [4:43:55] um, is a, uh, includes some of the [4:43:59] information that we looked at on October [4:44:00] 6th, but I thought in the interest of [4:44:02] sharing all this information again with [4:44:04] the public, um, I would go over that [4:44:06] information as well as additional [4:44:10] uh, uh, commitments um, and [4:44:13] clarifications that have been added to [4:44:15] the memorandum of agreement. um uh many [4:44:19] in response to conversations that had [4:44:21] come before and also within the last two [4:44:24] weeks. Um as people have had the [4:44:26] opportunity to look at the MOA uh digest [4:44:29] the zoning and identify uh additional [4:44:32] commitments uh uh and clarifications [4:44:35] that would be worthwhile. [4:44:39] Okay. So, as a a context for this work, [4:44:42] um the purpose of Warren article 16 is [4:44:45] to supplement the zoning overlay [4:44:48] district. Um uh Warren article 15 [4:44:52] proposes increasing the density um in [4:44:54] this particular parcel. Um and there was [4:44:56] a general feedback that the increased [4:44:59] density should be balanced by public [4:45:01] benefits. Um the MOA, the memorandum of [4:45:04] agreement, attempts to include those [4:45:06] benefits. Um Nord Bloom had uh uh was [4:45:10] approached by uh many different parties [4:45:12] in order to try and negotiate these [4:45:13] benefits. Um Nord Bloom agreed to [4:45:16] negotiate with the select board. Um and [4:45:19] uh the select board uh serve has served [4:45:22] as sort of the consolidating point for [4:45:24] all of uh those uh interests in uh [4:45:28] adding public benefits uh clarifying [4:45:31] concerns. Um so we've tried as much as [4:45:34] possible to take in all of that feedback [4:45:37] uh including some of the feedback [4:45:38] tonight uh which uh mirrors feedback [4:45:40] that has been previously received. Um [4:45:43] the third thing that I will add uh since [4:45:47] uh October 6th um is that there are [4:45:50] specific town goals that should be [4:45:52] incorporated in the design. Um I [4:45:54] mentioned some goals of the 2030 road [4:45:56] map um that applied to warrant article [4:45:59] 15 by reference. they apply to warrant [4:46:00] article 16 as well. Um, but there are [4:46:03] other sort of specific town goals [4:46:06] related to uh the need for open sta [4:46:09] space, the need for uh tree canopy and [4:46:12] the protection of our tree canopy more [4:46:14] broadly. Um, the uh interest in [4:46:17] pedestrian safety um and the concerns [4:46:21] about microotal transport, other types [4:46:23] of transport um traffic etc. Um and [4:46:26] town's goals in these areas as they are [4:46:29] clearly as they are articulated uh in [4:46:31] various forms uh should to the extent [4:46:33] possible be incorporated into the [4:46:35] design. [4:46:37] Uh I want to make uh clear uh so that [4:46:40] everybody both uh on this board and in [4:46:43] the general public understands all of [4:46:45] the steps that follow um the passage of [4:46:49] zoning. Um Mr. Allen alluded to some of [4:46:53] this in his presentation of warrant [4:46:54] article 15. Um, but I also want to make [4:46:59] sure that everybody understands that [4:47:01] after the zoning passes, before shovels [4:47:03] hit the ground, there will be a design [4:47:05] review process. Um that design review [4:47:08] process will include a design advisory [4:47:11] team uh made up of both members of the [4:47:13] planning board uh citizens in the area [4:47:17] to look at the um to look at the design [4:47:21] and ensure that the design uh [4:47:24] incorporates features both of the [4:47:26] memorandum of agreement um and the [4:47:28] zoning. Um there will be a review by the [4:47:32] DPW and uh the health department for [4:47:35] safety uh uh reviewing the plan. Uh [4:47:39] there will be a special permit process [4:47:41] that will be held by the zoning board of [4:47:43] appeals. Um and finally as uh director [4:47:46] Brutin mentioned uh there will be [4:47:48] building permits um which uh uh is [4:47:52] preceded by the creation of construction [4:47:54] drawings, the establishment of [4:47:56] contractors um and also ensuring that [4:48:00] the project complies with all of [4:48:03] Massachusetts state building codes. [4:48:12] Okay. Uh I want to I want to echo a [4:48:15] little bit of Mr. Fremont Smith's [4:48:17] timeline. Um this is specifically [4:48:19] related to uh the creation of the [4:48:22] memorandum of agreement which uh follows [4:48:26] many of the steps that uh Mr. Fremont [4:48:28] Smith previously alluded to. So it was [4:48:31] on October 25th that the select board [4:48:33] voted to file warrant warrant article 16 [4:48:36] and designate me to negotiate an [4:48:38] agreement on behalf to consolidate all [4:48:40] of this feedback and have a more [4:48:42] efficient and effective process. Um [4:48:45] there was select board feedback in [4:48:47] executive session on August 31st. Um [4:48:49] there was additional uh feedback on [4:48:51] September 22nd. Um, on Friday, October [4:48:54] 2nd, Nord Bloom and negotiating the [4:48:57] negotiating team, which included myself, [4:49:00] uh, Jonathan Simpson, assistant town [4:49:02] council, uh, Paulie Selco in the [4:49:04] planning department, um, came to an [4:49:07] agreement, um, for the memorandum of [4:49:10] agreement, which was approved by the [4:49:12] select board on October 19th. Um, since [4:49:15] that time, as I said, I've been [4:49:16] continuing to negotiate for additional [4:49:19] commitments and clarifications to the [4:49:21] agreement, which is before the select [4:49:23] board this evening. Um yesterday uh as [4:49:26] mentioned the advisory council on public [4:49:28] health and zero emissions advisory board [4:49:31] held a joint hearing raised several of [4:49:33] the climate concerns including uh tree [4:49:36] canopy open space uh heat island effects [4:49:40] uh the cool roof uh roofs uh solar [4:49:44] readiness um bicycle uh storage um and [4:49:48] uh all of these were discussed in the [4:49:50] context of of that meeting um and Both [4:49:54] of those boards unanimously recommended [4:49:56] favorable action on both war articles 15 [4:50:00] and 16. [4:50:02] Okay. Um there was a question uh or a [4:50:06] concern raised about town and community [4:50:08] input and the level and I just wanted to [4:50:11] enumerate um some um and this is by no [4:50:15] means all of the input um that the that [4:50:19] I received other members of the select [4:50:21] board received um that helped shape the [4:50:24] MOA. And I just wanted to express my [4:50:26] gratitude to all of the people who uh [4:50:30] who uh participated and provided their [4:50:33] feedback. Um the planning department was [4:50:35] involved um in answering questions uh as [4:50:39] the MOA was constructed um about past [4:50:42] practices and uh applicability of [4:50:45] certain provisions. Um DPW engineering [4:50:48] was certainly involved. Um they proposed [4:50:52] several public benefit improvements. [4:50:54] they helped cost out those improvements. [4:50:56] So we had an understanding of the [4:50:58] financial impact of the uh things that [4:51:01] we were asking uh the petitioners of [4:51:04] warrant article 15 to provide. Um we [4:51:07] engaged the town tree warden to do an [4:51:09] examination of the trees and provide [4:51:11] their feedback in terms of what would be [4:51:13] necessary to protect various trees. Uh [4:51:16] which trees were potentially viable or [4:51:19] not. Um I uh Miss Pelky did discuss the [4:51:26] uh uh a desired meeting with five [4:51:28] members uh who had concerns about this [4:51:31] project. Um I believe those five members [4:51:33] were Miss Park, Miss Roberts, uh Miss [4:51:36] Peli, uh Mr. Jonathan Davis, and uh Mr. [4:51:41] Bruce Levven. Um I had the opportunity [4:51:43] to meet with them uh in the early stages [4:51:46] of this project. um and they shared [4:51:48] their concerns and had a previous [4:51:50] meeting also with Miss Park um to [4:51:53] discuss um the question of uh of uh [4:51:58] whether or not this could be purchased [4:51:59] for open space which was a question that [4:52:01] was also taken up by select board um at [4:52:04] the encouragement of the chair which I [4:52:06] also appreciate. Um, I uh also met with [4:52:10] uh precinct 17 town meeting members who [4:52:12] were in support of the project and were [4:52:14] particularly interested in public [4:52:16] benefits uh such as pedestrian [4:52:18] improvements that could be met. Um I met [4:52:21] with members of the mothers outfront [4:52:22] tree committee um who expressed their [4:52:25] concerns about trees and uh discussed uh [4:52:28] the priorities of uh uh tree [4:52:32] preservation. Um there was as mentioned [4:52:34] a community presentation and July 14th [4:52:37] site uh the sitewalks uh led uh and [4:52:41] participated in by the chair and by Mr. [4:52:43] Bueno uh on August 1st. Um and I will [4:52:47] say that I've also gotten um various [4:52:51] town meeting members and other people uh [4:52:54] reaching out to me personally um as well [4:52:56] as of course all of the letters that [4:52:58] have come to the select board um on this [4:53:01] topic. [4:53:03] So my thanks for all of them. [4:53:06] Um so moving into the terms of the MOA [4:53:10] to answer the question that Ms. Froley [4:53:12] raised um earlier. Um so there are three [4:53:16] or four slides here um to uh discuss the [4:53:20] terms where they came from uh some [4:53:22] groupings of them. Um the first uh was a [4:53:26] uh a set of building and construction um [4:53:29] commitments. Um the first is to have a [4:53:32] ground floor height of 12 feet from [4:53:34] floor to ceiling. Um this was also [4:53:36] discussed with the planning uh [4:53:38] department um as being a height that's [4:53:41] appropriate for uh possible commercial [4:53:44] use. Um even if we aren't going to [4:53:47] require commercial use uh by having the [4:53:49] building at 12 feet uh ground floor to [4:53:52] floor floor to ceiling um that provides [4:53:55] an opportunity should circumstances [4:53:57] change um for commercial use to occupy [4:53:59] the building. Um uh new since October [4:54:03] 6th the next two building and [4:54:05] constructions um there is a commitment [4:54:07] in the MOA for publicly accessible open [4:54:10] space along Pleasant Street. So the [4:54:12] discussion of the pocket park has been [4:54:14] memorialized within the MOA. Um and [4:54:18] active first floor space on the Pleasant [4:54:21] Street facade um which was shown in the [4:54:23] images as as uh glass uh appearance into [4:54:27] rooms um has also been memorialized [4:54:30] within the MOA. Um, I know there's [4:54:32] concern about uh the the ability of [4:54:36] zoning to uh enforce certain provisions [4:54:40] and the ability of the MOA to enforce [4:54:43] certain provisions. Um, and I want to [4:54:45] speak to that concern a little bit [4:54:47] specifically. Um, one of the features of [4:54:50] this memorandum of agreement, uh, a [4:54:52] couple. One is that it will be required [4:54:54] if town meeting approves warrant article [4:54:56] 15 for the memorandum of agreement to be [4:54:59] registered with the land and binding on [4:55:02] any successor uh owners of the of the [4:55:05] land. Um but more importantly from my [4:55:08] perspective um there are a number of [4:55:10] provisions [4:55:13] Go ahead. [4:55:14] Okay. Uh there are a number of [4:55:16] provisions um within the MOA which [4:55:20] basically enforce that uh in order for [4:55:24] the special permit to be issued um which [4:55:26] is a requirement of the zoning, the [4:55:29] special permit must include certain [4:55:32] conditions without objection by the [4:55:35] developer. Um things like the public [4:55:37] open space, things like the active first [4:55:39] floor, things like the infrastructure [4:55:41] improvements. So all of those [4:55:43] requirements in the MOA have to be [4:55:47] allowed um and part of the special [4:55:50] permit at the discretion of the ZBA and [4:55:52] the planning board um without objection [4:55:57] by the developer. So the idea that the [4:55:59] developer can sort of back off from any [4:56:02] of those provisions um is not allowed [4:56:06] because if they were to do that then [4:56:08] they would not be able to get a special [4:56:09] permit and if they can't get a special [4:56:11] permit then they cannot use this overlay [4:56:13] district as zoning. I just want that to [4:56:16] be very clear. Um the fourth building [4:56:19] and construction uh is the mitigation of [4:56:21] uh construction impacts to public [4:56:23] sidewalks, street curbs, street [4:56:25] pavement, trees and landscaping. That's [4:56:26] a standard provision that basically says [4:56:28] if there's public infrastructure that is [4:56:31] uh damaged or during construction, then [4:56:34] it's on the developer's dime to uh fix [4:56:37] that. Um and then along the right side [4:56:39] of this slide, there's a whole set of [4:56:41] infrastructure improvements. These [4:56:42] mostly came from public feedback um and [4:56:45] from information provided by DPW uh in [4:56:48] terms of useful uh infrastructure [4:56:50] improvements in this area. Um, and they [4:56:52] include a raised crosswalk along [4:56:54] Pleasant Street that would connect the [4:56:56] pocket park to the front of the Koolage [4:56:59] Corner Library. Uh, reconstructed [4:57:01] wheelchair ramps at the corner of [4:57:02] Pleasant Street and John Street that are [4:57:04] not currently there. A pair of [4:57:06] rectangular rapid flashing beacons which [4:57:08] again provides pedestrian safety. Um, as [4:57:11] well as sidewalk alternatives along [4:57:13] Pleasant and John Street. Now, uh these [4:57:16] two these two alternatives here, the [4:57:18] curb extensions with up to five tree [4:57:19] pits or reconstruct existing sidewalks [4:57:22] again are at the discretion of uh the [4:57:25] DPW and the planning board. They're not [4:57:29] at the discretion of the developer. Um [4:57:31] and I want to point out the five tree [4:57:32] pits uh explicitly because that was [4:57:35] specifically ma uh made in response to [4:57:39] the concern that there is not enough [4:57:41] tree canopy. So we will actually [4:57:43] hopefully through these curb extensions [4:57:45] be adding to the tree canopy uh in this [4:57:47] area. [4:57:50] Okay. Um this uh memorandum of agreement [4:57:55] uh in its original draft was drawn with [4:57:58] many uh uh features and provisions from [4:58:01] the agreement that we made with Chesnut [4:58:03] Hill Realy. Um, so we were able to use [4:58:05] all of that negotiating work in order to [4:58:09] uh uh help this process be more [4:58:11] efficient. Um, the language for [4:58:14] recording the agreement in the registry [4:58:16] of deeds or land court. Uh, the uh [4:58:18] diligence in applying for permits. The [4:58:21] uh agreement for a fossil free uh [4:58:23] fuel-free building even if the state [4:58:25] mandate for fossil be uh fuel free [4:58:29] buildings disappears. the ability to [4:58:31] unbundle parking so that people who want [4:58:34] to uh purchase uh uh I'm sorry rent [4:58:38] apartments in the space are not required [4:58:40] to also rent parking spaces that makes [4:58:43] the apartments more affordable. Um the [4:58:46] uh requirement to dim signage after [4:58:47] midnight. Um these were all taken from [4:58:49] the city realy MOA. Um in addition there [4:58:52] were a number of climate terms uh or [4:58:55] climate mitigation terms from city realy [4:58:58] uh including uh a waste management plan [4:59:01] to work with the sustainability [4:59:02] division. Uh sustainable design elements [4:59:04] to be determined um that will come in an [4:59:07] exhibit before town meeting uh takes up [4:59:10] the warrant article. Uh commitment to [4:59:12] engage in a low concrete installation [4:59:14] pilot and the exploration of thermal [4:59:17] energy and sustainable materials. These [4:59:19] are all terms within the MOA. [4:59:23] Um uh the a third set of terms uh relate [4:59:27] to tree canopy. Um there is an agreement [4:59:31] to prioritize preservation of the eight [4:59:33] existing trees between 26 and 50 [4:59:36] Pleasant Street. So that's eight of the [4:59:38] 15 trees. I recognize they're not the [4:59:40] largest trees on the site. Um but they [4:59:42] are a row of trees that uh does provide [4:59:45] some shade in that area. Um there is an [4:59:49] additional requirement for a minimum [4:59:51] tree canopy of 2% of the lot area which [4:59:54] is the same requirement for lots of this [4:59:56] size within the Chestnut Hill commercial [4:59:59] uh overlay district. Um there's an [5:00:02] additional requirement over and above [5:00:04] the requirements of the tree protection [5:00:06] bylaw. um that if any of the protected [5:00:09] trees fail um within five years of the [5:00:13] certificate of occupancy that the [5:00:15] developer is on the hope to replace [5:00:17] those trees. [5:00:19] Uh and then on the right there again [5:00:22] there are a number of public [5:00:23] improvements. Um $50 for DPW for other [5:00:27] public realm improvements not covered [5:00:29] previously. Um a landscape plan that is [5:00:32] required for building permit. uh special [5:00:34] permit application requiring a design [5:00:36] with no uh ingress or eress on Pleasant [5:00:40] Street. So, um, this is a an a, uh, a [5:00:45] design feature for consideration by the [5:00:47] planning board, um, so that it will, uh, [5:00:50] improve the pedestrian safety by not [5:00:53] having a driveway that, uh, has cars [5:00:57] coming onto Pleasant Street right next [5:00:59] to a crosswalk where there are [5:01:01] potentially uh, well, we hope there are [5:01:03] people crossing between this park and [5:01:06] the library. um and as well upkeep of [5:01:09] planters tree [5:01:11] uh street trees, snow and leaf removal. [5:01:13] Um so a lot of different provisions in [5:01:16] different areas. Okay. Um in addition to [5:01:19] the MOA and in addition to the zoning, I [5:01:22] just want to make sure that people are [5:01:24] aware of other provisions of our zoning [5:01:27] which will impact this project um uh to [5:01:32] the benefit of the town that have been [5:01:34] passed into bylaw by previous town [5:01:36] meetings. This came up last night [5:01:37] particularly in the in the area of [5:01:39] various climate related concerns. So of [5:01:43] uh as has been discussed the [5:01:44] inclusionary zoning requirement, the [5:01:46] tree preservation bylaw, the [5:01:48] requirements for long-term bicycle [5:01:50] storage, the requirements for rooftop [5:01:52] solar readiness and 100% residential EV [5:01:55] parking which are part of the stretch [5:01:57] code. Um the storm water management [5:01:59] requirements um are all applicable to [5:02:02] this project as well. [5:02:07] Okay. Um, this slide here is really just [5:02:10] a summary of the uh, changes since the [5:02:13] last version. So, for members of the [5:02:15] select board and the public who wants to [5:02:17] know specifically the differences that [5:02:19] I'm asking for a vote on tonight, um, [5:02:21] there are four new commitments. Um, one [5:02:24] is the commitment for public ground [5:02:26] level open space that we discussed [5:02:27] earlier. Um, the second is for the [5:02:30] active first floor space, the glass [5:02:32] facade, etc. [5:02:34] um on Pleasant Street. Um the third is [5:02:37] that the parking will be capped at 52 [5:02:39] spaces. So there will actually be fewer [5:02:42] parking spaces there now than are [5:02:46] currently the 60 that are on the lot. [5:02:49] Um and the uh a commitment that was [5:02:54] mentioned earlier about uh event and [5:02:56] meeting room space. Um the two [5:02:58] clarifications on the right um really [5:03:01] cleanups. Um, we wanted to make sure [5:03:03] that there was no overlap between the 5% [5:03:07] landscaped open space in the zoning and [5:03:09] the the 3% usable open space. So, those [5:03:13] are distinct. Um, and of course, the [5:03:16] usable open space has to include the um [5:03:21] the [5:03:23] something similar to the 2,000 square [5:03:25] feet of the pocket park. Um, and uh, [5:03:28] this a clarification that if their [5:03:30] primary street design doesn't include [5:03:32] the Pleasant Street curb cut, uh, if if [5:03:35] it doesn't not include the Pleasant [5:03:37] Street curb cut, then they don't need an [5:03:38] alternative design because everybody is [5:03:41] sort of rallied around that one [5:03:42] particular. Can [5:03:43] I ask a question on that? [5:03:44] Yeah. So, on that on that Pleasant [5:03:46] Street curb cut point you were [5:03:47] mentioning, one of the big concerns [5:03:48] during um conversations I've had with [5:03:51] precinct 17 residents is [5:03:53] uh a driveway that drivers would pull [5:03:56] out of the garage from Pleasant uh right [5:03:59] onto Pleasant Street in front of the [5:04:00] library. [5:04:01] Right. [5:04:01] Um in the first rendition of the [5:04:04] drawing, there was a driveway coming out [5:04:06] to Pleasant Street, right? [5:04:07] Is this inclusion of requiring an [5:04:10] alternative design new or is this always [5:04:12] been there? Cuz I [5:04:13] uh It's new. It's okay. I was like, am I [5:04:15] crazy? I feel like that was not in there [5:04:16] last week. [5:04:19] Um, [5:04:22] actually, I think it was in the October [5:04:24] 6th version. [5:04:24] Oh, it was [5:04:25] the Yes. The clarification here is, you [5:04:28] know, as we've been continuing to [5:04:30] discuss possible designs, like we didn't [5:04:32] necessar, we still wanted to provide the [5:04:34] planning board latitude in terms of [5:04:36] designing the building, but if there's [5:04:39] consensus within their before they file [5:04:42] this their application that Nordblum [5:04:45] wants to move forward with a design that [5:04:47] has no curb cut on Pleasant Street, [5:04:50] then we shouldn't have to require them [5:04:52] to create another design. [5:04:53] I got it. It's it's it's really a sort [5:04:55] of [5:04:56] low level technical detail. [5:04:57] Thank you. [5:04:58] Okay, that was a lot. Um I just want to [5:05:02] thank everybody for their patience. Um [5:05:04] and happy to take questions, discussion, [5:05:07] feedback, uh concerns, etc. [5:05:10] Right. Any members have some initial [5:05:12] comments or questions for Michael? [5:05:18] All right. Well, thank you for that very [5:05:19] comprehensive presentation. There was a [5:05:21] lot in there. I know a lot of hard work [5:05:23] and diligence you put into it. So, thank [5:05:25] you for taking the lead in these MOA [5:05:28] negotiations uh and for meeting with [5:05:31] many members of the public who are [5:05:33] concerned from various perspectives [5:05:36] with this is quick. [5:05:37] Go ahead, Anthony. [5:05:38] Um I just want to make a quick point for [5:05:39] the public. It was on delegation from [5:05:42] the rest of the select board that [5:05:43] Michael did all of this great work. So I [5:05:45] don't want there to be a like a feeling [5:05:47] like oh Michael just went and organized [5:05:49] this MOA but it was a delegation from [5:05:51] the select board where we were all part [5:05:53] of the process discussing each and the [5:05:55] step as we were going through. [5:05:58] All right. So this is docketed for [5:06:00] public hearing. So I'll go ahead and [5:06:01] open the public hearing. Has anyone [5:06:03] signed up in advance to participate? [5:06:06] Not for this one. [5:06:07] All right. I I know that you would like [5:06:08] to speak. Go right ahead. [5:06:17] Thank you. Uh again, uh Susie Roberts, [5:06:22] precinct, uh town meeting member from [5:06:24] precinct 17. Um I have a few comments to [5:06:29] respond to what um [5:06:32] we've heard as the discussion. Um and [5:06:35] again, I'm focusing on process and how [5:06:39] this process is different from what [5:06:41] we've done in the past. And because it's [5:06:44] different, there is a lot missing in the [5:06:46] pro in the process. I know that Cara [5:06:48] has, you know, gone through history to [5:06:51] find just a very very few examples where [5:06:54] projects from owners um of property have [5:06:58] gone directly to town meeting. And I [5:07:00] also wanted to address the pro the [5:07:02] approach that you David and Anthony were [5:07:05] recommending about our taking um 26 [5:07:09] Pleasant as a standalone property and [5:07:12] not cumulatively with other approaches. [5:07:15] But the main thing that I want to get to [5:07:17] before I lose time is how this approach [5:07:21] comes to town meeting without the usual [5:07:23] studies that one would see were this to [5:07:26] go to the planning board, were this to [5:07:28] go to the ZBA. And I'm talking about [5:07:30] here the because climate has been raised [5:07:33] and I urge you all to read the um u mass [5:07:37] area planning commission study that was [5:07:39] done on Brookline commissioned by [5:07:41] Brooklyn for Brooklyn citing the heat [5:07:43] island. I know we all use this, but it [5:07:46] is true and it is there and it's real [5:07:48] and everybody needs to get educated [5:07:51] about this. But there would need to be [5:07:54] some climate studies about what a [5:07:57] building like this looks like once built [5:08:00] in terms of the climate impact. I would [5:08:02] suggest that we actually have a climate [5:08:04] study that is done um before town [5:08:08] meeting votes on this to compare what's [5:08:12] their you know what the zoning allows [5:08:14] now in M1 building of maybe about 30 30 [5:08:18] to 50 units depending on the size to a [5:08:21] mid-range to this building um so that we [5:08:25] are knowledgeable there won't be that [5:08:28] study done ever potentially because even [5:08:31] If we if we uh vote this through, yes, [5:08:35] it goes to design review, but design [5:08:37] review only relates to the picture of [5:08:40] what it looks like. It does not deal [5:08:42] with climate. It does not, no study [5:08:45] would be required. So, we're missing out [5:08:48] on that. Um, additionally, so the [5:08:51] climate resiliency impacts, um, this is [5:08:54] all in our motion about tree canopy, [5:08:56] storm water mitigation, heat island [5:08:58] impact, air quality, all of this in this [5:09:00] concentrated area, very very [5:09:02] concentrated, intense area of people and [5:09:06] cars and so forth. We um won't have a [5:09:11] traffic a traffic study assessing travel [5:09:13] capacity, safety of the MBTA. This is in [5:09:17] our motion. roadways, sidewalk studies, [5:09:20] and intersections. Tonight, I came to [5:09:23] tonight driving at John and Pleasant and [5:09:28] the driveway to Walden Durgen. There [5:09:30] were three cars coming out at the same [5:09:32] time, one of which was mine. It was like [5:09:34] a convergence of all three areas trying [5:09:37] to get on to Beacon or coming from [5:09:38] Beacon. Um, and those are the [5:09:42] Your time is up. Those are the things [5:09:46] we're going to miss as a result of the [5:09:48] project being [5:09:51] railroaded through town meeting without [5:09:55] having the opportunity to have studies [5:09:57] done by a motion for referral. [5:09:59] Okay, [5:09:59] I can end there. [5:10:00] Who do we have? Would anyone else in the [5:10:02] room like to be heard? [5:10:04] Gina, go ahead. [5:10:11] Gina Frolley from South Brooklyn. [5:10:14] If you put all your hours together for [5:10:17] every meeting you've gone to as your uh [5:10:20] official hours, you wouldn't come close [5:10:22] to the hours I've gone to about for just [5:10:26] so many projects. But Ches Hill Realy [5:10:29] alone I hundreds of hours and whatever [5:10:34] we went to no matter what was agreed to [5:10:36] it was changed. [5:10:39] Once they get the zoning, once they get [5:10:41] the permits, they come back and ask for [5:10:43] a change. And they got it every single [5:10:46] time. Significant change. [5:10:49] We were actually the the town members [5:10:52] were proponents for the residents trying [5:10:54] to get the the um um affordable units to [5:10:58] be within the the 4A. Oh, no. Could they [5:11:03] use your facilities? Oh, no. The swim [5:11:07] swimming pool in Nope. they're not [5:11:08] allowed. So, we I've seen it all and I [5:11:11] don't trust anything that you have to [5:11:14] say, even if you believe it. That's [5:11:16] number one. Number two, how is this not [5:11:18] spot zoning? May That's a real question. [5:11:21] It's not rhetorical. Uh uh you're just [5:11:23] doing this little lot of land and you're [5:11:25] giving uh four times the zoning. How is [5:11:29] this not spot zoning? And we deserve to [5:11:31] get an answer to that. [5:11:35] Stop the clock on my question until I [5:11:37] get an answer, please. [5:11:39] Well, public comment's not interactive. [5:11:41] Uh, if somebody does want to answer the [5:11:43] question, I'll allow it if anybody would [5:11:44] like to, but it's not interactive and [5:11:46] you know that. But you have another [5:11:48] minute. [5:11:48] Jonathan Simpson has his hand. [5:11:50] All right. Go ahead. [5:11:54] Thank you. Jonathan Simpson, first [5:11:55] assistant town council for the town of [5:11:57] Brooklyn. Um, it is it is not spot [5:11:59] zoning as a as a legal doctrine. um has [5:12:02] been uh ruled ineffective as as a means [5:12:06] of challenging a potential warrant [5:12:08] article uh where the warrant article can [5:12:11] be shown to be in the public interest um [5:12:14] or to the public's benefit and as [5:12:18] uh Michael has demonstrated as the [5:12:20] conversation about the previous war [5:12:22] article has demonstrated we believe the [5:12:24] the public benefits here are [5:12:25] self-evident. [5:12:27] All right, you have another minute and a [5:12:28] half. [5:12:29] Yeah. As somebody who also came back to [5:12:32] town meeting 26 years ago and took [5:12:35] immediately took a graduate course in [5:12:37] urban planning, I learned all about [5:12:38] pocket parks in New York. They did not [5:12:41] exist as such with that term in [5:12:43] Brooklyn. Uh Bobby Allen said I was the [5:12:46] first to come out with it and I perhaps [5:12:48] was. Having said that, that's not a [5:12:51] pocket park. He should be calling us [5:12:52] something else, some public open space, [5:12:54] but it is not what the definition of a [5:12:57] pocket park is. Thank you. [5:13:00] All right. Would anyone else in the room [5:13:02] like to be heard? [5:13:05] Go ahead, Susan. [5:13:09] Hi, Susan Parker again. Town meeting [5:13:11] member, precinct 17. [5:13:14] You know, I just want to challenge all [5:13:16] of you. Um, you know, right, we live in [5:13:20] a democracy and we listen to our [5:13:23] constituents. [5:13:25] there there weren't just like one or two [5:13:29] um neighbors who wrote in. There was [5:13:32] over a dozen. And these people live so [5:13:36] close to 26 Pleasant. They walk by 26 [5:13:40] Pleasant every single day, multiple [5:13:42] times a day, and they see things and [5:13:44] they experience things that people who [5:13:47] don't regularly [5:13:49] um walk by 26 Pleasant experience. And [5:13:53] you know, we heard from Norbum that, you [5:13:56] know, in in uh his write up that they're [5:13:59] not going to build for the next five [5:14:01] years. So, what's the rush? You know, I [5:14:04] I'm really asking you like what is the [5:14:07] rush in um supporting this [5:14:11] uh Warren article when it would take one [5:14:15] year to just do a study and to really [5:14:18] really do due diligence and do the [5:14:21] different studies that everyone is [5:14:23] asking for. So, and I know how, you [5:14:26] know, select board operates like in [5:14:30] executive session, you talk about things [5:14:33] that you really want, right? Half a [5:14:36] million dollars. Uh, it's for the town, [5:14:39] but are you really listening to the [5:14:41] public? And I'm asking you because I, as [5:14:45] a town meeting member, I see my [5:14:47] neighbors a lot. they're going to ask [5:14:49] me. And that's why I'm here tonight with [5:14:52] my colleagues [5:14:54] and all the people who who zoomed in, [5:14:56] who wrote in. And I just think it's [5:14:59] really disappointing when people like [5:15:01] spend hours and hours to write letters [5:15:04] and it's it just goes one ear and out [5:15:06] the other. [5:15:09] And so it's, you know, it's I'm just [5:15:11] because we're not asking for a lot. [5:15:13] We're saying wait after you do some [5:15:16] study. [5:15:18] Let's let's let's learn a little bit and [5:15:21] to really disregard that. [5:15:24] I it's it's sad. It's disappointing. [5:15:27] Thanks. [5:15:29] Is there anyone online who would like to [5:15:32] be heard on war article 16? [5:15:34] I wouldn't. [5:15:35] Go ahead, [5:15:36] Mr. Jeffrey Allen. [5:15:37] Yes. [5:15:39] I I just want to clear a couple things [5:15:42] up. We never said we're not going to [5:15:44] build for five years. We're going to [5:15:46] start preparing to build uh right after [5:15:50] the Warren article is is voted. When [5:15:53] we'll be able to put shovels in the [5:15:54] ground will depend on a lot of factors [5:15:56] including the economy, but we certainly [5:15:58] will build before 5 years. And and I [5:16:01] just want to point out Carrie did a [5:16:03] great job of telling about articles [5:16:05] coming from developers. I just would [5:16:07] like to add one of the biggest [5:16:08] residential developments in Brooklyn, [5:16:11] the long-ear uh development on on Fisher [5:16:14] Hill was a Warren article that was [5:16:16] submitted by the developer to town [5:16:19] meeting for that entire parcel. I think [5:16:21] it's 6 acres and that was in the 80s. [5:16:24] And last but not least, I I just have to [5:16:27] say [5:16:29] uh I hope you get I hope the board [5:16:32] understands how hard Michael worked. Uh [5:16:35] he was he he he was he he was uh forever [5:16:42] researching, reaching out. Uh I I've [5:16:46] worked I was on the board for nine [5:16:48] years. I've worked with a lot of birds [5:16:49] boards. Uh I I don't remember anyone [5:16:52] that has ever taken a uh task like this [5:16:56] and uh put more effort into it. He he [5:16:59] must have called me 20 times in the last [5:17:01] three weeks. But he really he really [5:17:04] worked the uh p the his task and he he [5:17:09] deserves to u get credit for it. It was [5:17:12] a lot of effort on his part. [5:17:17] That was very kind of you. Jeff, [5:17:20] anyone else like to be heard on warrant [5:17:23] article 16? [5:17:26] All right, then let's close the public [5:17:28] hearing. Anthony, [5:17:29] can I make a point on the heat island [5:17:31] thing? Go ahead. [5:17:32] Um, I think David, you were trying to [5:17:34] get at this point, too, and I'd like to [5:17:35] have like a back and forth about it. The [5:17:37] what we currently have right now is a [5:17:39] parking lot, which is the worst thing [5:17:40] for like heat island, right? Oh, sorry. [5:17:43] We have a parking lot surrounded by [5:17:45] about 15 trees. [5:17:46] Yes. Yes, that's fair. That might that [5:17:50] might counter my point. So, [5:17:54] Cara gave us an an answer to this as [5:17:56] well that there are a lot of variables [5:17:58] as to whether a new construction over [5:18:01] what's currently a black top surrounded [5:18:03] by trees would reduce the heat island [5:18:06] effect or potentially exacerbate it. And [5:18:08] a lot of it depends on building [5:18:09] materials, the roof, the precise [5:18:12] dimensions, how many trees would [5:18:15] ultimately uh be replanted. There are a [5:18:18] lot of factors that go into it. So it [5:18:20] might be premature to have a definitive [5:18:22] answer on that. Is there anything else [5:18:23] you'd like to say on that point? No. [5:18:26] All right. So it remains an open [5:18:28] question. [5:18:29] Okay. [5:18:30] Uh and hopefully at some point uh so [5:18:33] regarding design review, would design [5:18:35] review also include roof materials? Not [5:18:38] simply a visual but also the actual [5:18:40] materials. [5:18:42] Absolutely. [5:18:43] All right. Do we have in the MOA carbon [5:18:45] friendly materials? I thought we do. Uh [5:18:48] there's a there is part of the [5:18:50] commitment on climate is to explore [5:18:52] sustainable materials along with uh [5:18:55] thermal energy use. [5:18:56] Yeah. Okay. [5:18:58] Well, and from that perspective, you're [5:19:00] not going to build like to passive house [5:19:02] standards if it radiates heat because [5:19:04] that kind contradicts the passive house [5:19:07] thing [5:19:08] for my limited understanding of how that [5:19:10] works. And another point, sorry David. [5:19:13] If the the lot that's currently there [5:19:15] has 60 spots, [5:19:17] right? And so this place would have 52 [5:19:19] spots. [5:19:20] Uh no maximum. [5:19:22] There is a requirement that in the MOA [5:19:24] that it be a maximum of 52 spots. [5:19:26] Maximum 52. What? And again, this is [5:19:30] just off the off the top of my dome [5:19:32] here. Wouldn't that Don't you think that [5:19:33] would like produce traffic? [5:19:36] Yes. [5:19:37] Because there's less cars. I feel like [5:19:38] there would be less traffic. [5:19:40] Yeah. I yeah [5:19:42] I think the concern also though is that [5:19:44] you know if you have a certain number of [5:19:47] residences then those residents can [5:19:50] generate other types of traffic you know [5:19:52] whether it's door dash drives Ubers [5:19:54] sure [5:19:55] or what have you so so it's a there [5:19:58] there's a there's a bit of a trade-off [5:20:00] there but [5:20:01] I I guess the question that I that I [5:20:03] have for uh director Brutin is you know [5:20:07] whether in her experience those those [5:20:09] trade-offs are either significant or [5:20:12] studyable within the con the larger [5:20:14] context of traffic in that area. [5:20:20] Um, so again, my name is Cara Brutin, [5:20:22] director of planning. Um, I will say [5:20:25] that in most projects in eastern [5:20:28] Massachusetts, I haven't seen a project [5:20:30] be stopped because of traffic concerns. [5:20:33] Usually there's a traffic study that's [5:20:35] done, mitigations identified, whether [5:20:37] it's an intersection improvement, [5:20:38] crosswalk improvements, um to try to [5:20:40] make not only the level of service [5:20:44] similar or or better, but also [5:20:46] pedestrian safety, things that aren't [5:20:47] measured by that level of service, [5:20:49] pedestrian safety, bike safety, that [5:20:51] kind of thing. Um is whether it has a [5:20:54] measurable impact. I think we're going [5:20:56] to need to let the traffic engineers [5:20:57] duke that out. that um traffic analysis [5:21:01] the way that it's done is based on [5:21:02] demand, not on the number of parking [5:21:04] spaces and that's frustrating for many [5:21:06] people, but that's just where the state [5:21:08] of traffic engineering is at this point. [5:21:11] Um but I imagine they will also talk [5:21:13] about the fact that it is so close to a [5:21:16] dense commercial area and the green line [5:21:19] being right next door that the mode [5:21:21] shift of anticipated trips for those [5:21:24] residents would be lower because of [5:21:25] that. Anyways, [5:21:27] Amanda, [5:21:28] I just wanted to highlight one thing and [5:21:31] that's the flip side of the traffic that [5:21:32] if you have more people and this is what [5:21:34] Mike Sandman said, if you have more [5:21:36] people and the same number or fewer are [5:21:40] driving but they are all frequenting [5:21:42] your commercial districts nearby, [5:21:44] there's a huge benefit that we are not [5:21:46] actually measuring with any of these [5:21:48] analyses. [5:21:50] to uh Susie Roberts's point about the uh [5:21:54] the three projects not having a [5:21:57] cumulative effect. I don't think Anthony [5:21:59] and I were saying that. Uh of course [5:22:01] there's a cumulative effect. My point is [5:22:03] more that somebody has to go first. So [5:22:06] we have these three different sites. [5:22:08] Realistically, the two that have already [5:22:10] been permitted are going to be [5:22:11] renegotiated. to the extent that we can [5:22:14] define what 26 Pleasant looks like, that [5:22:17] will help inform us in renegotiating the [5:22:20] other two because we will have resolved [5:22:22] one of the three open variables. [5:22:25] Otherwise, we're in this standoff where [5:22:26] nothing happens at any of the three if [5:22:29] we're waiting for somebody to go first. [5:22:31] So, that's a concern I have. [5:22:32] Yeah, totally. And it's the same point [5:22:34] where I just want to say like we don't [5:22:35] want to over we don't want to overreward [5:22:38] incumbency bias where you know they got [5:22:40] here 10 years first so now we're just [5:22:42] going to wait for them to start moving. [5:22:44] We want the economy to be more dynamic [5:22:46] than that and be able to respond to [5:22:48] different conditions. [5:22:49] I respond [5:22:52] what I [5:22:56] go to the microphone. Okay. [5:23:03] Susie Roberts, uh, town meeting member, [5:23:05] precinct 17. Just to clarify, what I [5:23:08] meant by that was that we already do [5:23:10] have zoning for Waldo Durgen and for [5:23:13] 1299 Beacon. Those are on the books. [5:23:16] And, you know, if either of those owners [5:23:19] wants to sell tomorrow, projects could [5:23:21] be built to that level. So, zoning does [5:23:24] exist. It's not a variable for either of [5:23:26] those places. The variable is 26 [5:23:29] Pleasant, which is still an M1 district. [5:23:31] And so I feel like you guys are sort of [5:23:34] telling yourselves stories about how you [5:23:36] want to accommodate 26 Pleasant, but the [5:23:39] reality is these two zoning districts [5:23:42] actually do. Overlay districts actually [5:23:44] do exist. Pleasant Street also exists. [5:23:48] If you want to change Pleasant Street, [5:23:50] Pleasant Street is the variable, not the [5:23:52] other two. Those are in the books. [5:23:55] Michael. [5:23:55] Yeah. Um I just want to to make one [5:23:59] point in terms of um and this applied [5:24:02] both to the city realy discussions uh as [5:24:06] well as the 26 Pleasant Street [5:24:08] discussions and frankly it also applies [5:24:11] to Waldo Durgen and 1299 [5:24:14] uh Beacon Street and that is that like [5:24:18] zoning does not produce traffic, right? [5:24:21] uh buildings and people produce traffic, [5:24:26] right? and the the the comparison [5:24:30] between, you know, the current zoning uh [5:24:35] and the proposed zoning. You know, what [5:24:38] could be built under the current zoning [5:24:40] and what could be built under the [5:24:42] proposed zoning um is only relevant from [5:24:46] my perspective to the extent that such [5:24:49] projects we believe are economically [5:24:52] viable. Um and so if we don't believe [5:24:55] that a a project can be economically vi [5:25:00] can be built economically [5:25:04] uh with the current zoning then in [5:25:07] effect [5:25:08] the current zoning leads to no change. [5:25:11] So the comparison that I am thinking [5:25:14] about in terms of weighing the the the [5:25:17] change factor is between what we have [5:25:19] now a parking lot and and a um and [5:25:24] what's uh the developers are telling us [5:25:26] could be built under the proposed [5:25:28] zoning. Um, I ju I just don't think that [5:25:32] in terms of analyzing the impact of [5:25:35] development, the current M1 zoning is [5:25:38] particularly relevant because it will [5:25:40] only lead to no change. [5:25:43] Anthony, [5:25:44] to be fair to Sus's point, I think she [5:25:47] was um Oh, shoot. Hold on. Give me a [5:25:50] second. You said, what was the last [5:25:52] thing you just said? There's so much [5:25:53] going on. you um it was uh [5:25:58] oh she was making the point that yes the [5:26:01] current owners of the Waldo Durgen lot [5:26:04] do not find it economically viable to [5:26:06] build in the current zoning right [5:26:09] uh yes [5:26:10] right otherwise they would do it um [5:26:12] she's making the point that well what if [5:26:14] there's another company that can do it [5:26:16] economically viable with e with a better [5:26:18] more economic viability maybe they have [5:26:20] a larger balance sheet maybe maybe they [5:26:22] have more cash on hand maybe they don't [5:26:24] need to do as much financing and then [5:26:26] then that project can happen much faster [5:26:29] and then they can happen coincide. Now I [5:26:30] don't necessarily agree with that but I [5:26:32] that's like the that's that's her point [5:26:34] which I think makes sense. [5:26:36] The problem is we can't force somebody [5:26:37] to sell to other [5:26:40] to someone else who would we're not [5:26:41] supposed to have a back and forth. I I [5:26:43] gave you a bit of leeway but we can have [5:26:44] further discussions and subsequent [5:26:46] meetings. [5:26:47] As a point of clarification [5:26:49] go ahead. Uh Waldo Durgen never even [5:26:52] applied to the board of appeals and they [5:26:54] never went through the planning board [5:26:55] and board of appeals process. [5:26:59] What does that mean? [5:27:00] Oh, so they had they there the zoning is [5:27:03] in place, but there is no project, [5:27:06] right? [5:27:07] There's there's no project that is [5:27:09] utilizing that zoning. [5:27:10] Yeah. to address uh Susan's point [5:27:14] regarding uh letters that we receive and [5:27:17] constituent concerns. I think we we do [5:27:20] read the letters. We do take constituent [5:27:22] concerns seriously, but it's important [5:27:23] to keep in mind that we're also getting [5:27:25] letters from people who want this to be [5:27:27] built. We're also getting letters from [5:27:29] people who prioritize meeting our [5:27:32] housing production plan goals. And the [5:27:35] unfortunate reality in any development [5:27:38] question, there will always be people [5:27:39] who support it. There will always be [5:27:41] people who oppose it. And obviously, we [5:27:44] can't ultimately plate both. But that [5:27:46] doesn't mean that they're not being [5:27:47] heard. We read the letters from those [5:27:50] who are in support. We read the letters [5:27:52] from those who are in opposition. And u [5:27:55] many if not all of us meet with [5:27:57] individuals from both camps and hear [5:27:59] them out. Uh, as Michael described, we [5:28:02] did have conversations about considering [5:28:04] this parcel as a park that ultimately [5:28:06] was not economically realistic for the [5:28:09] town to undertake, nor of interest uh to [5:28:12] the developer. But we do entertain what [5:28:15] many different constituencies state. We [5:28:18] can't please everybody. That's the [5:28:19] reality of these situations. Uh there [5:28:22] are binary decisions that have to be [5:28:24] made with respect to uh development. Uh [5:28:27] I do take very seriously though when [5:28:30] people feel that they're not being [5:28:32] heard. And so if there is a lot of [5:28:35] interest in an additional public hearing [5:28:37] that's more freewheeling and more time [5:28:40] uh allotted, I'm perfectly uh willing to [5:28:43] entertain doing that because I don't [5:28:45] want people to ever feel that they're [5:28:46] being shut down or silenced. The only [5:28:49] reason I didn't allow much of that today [5:28:50] is because I want people to have uh set [5:28:54] expectations when they're coming into a [5:28:56] meeting. based on what the rules of [5:28:58] engagement are and we generally have [5:29:00] that rule of three minutes per person [5:29:01] and then we move on to the next. Okay. [5:29:04] Um in the interest of moving forward I [5:29:06] would like to put forward a motion for [5:29:09] the select board to approve replacing [5:29:13] the MOA that we uh incorporated into [5:29:17] warrant article 16 on October 6th with [5:29:20] the one that's in the packet today [5:29:22] unless there are any specific [5:29:24] modifications that anybody wants to [5:29:25] make. So replacing version 20 with 25. [5:29:28] Yeah, that's correct. [5:29:29] All right. So, first we need to do the [5:29:30] reconsideration vote [5:29:32] because we already [5:29:34] This isn't a warrant article vote. [5:29:36] I think it's different. [5:29:38] No, I'm agreeing with [5:29:39] All right. Okay. [5:29:40] All right. So moved. [5:29:42] Yes. [5:29:43] Michael, [5:29:44] yes. [5:29:44] Amanda, [5:29:45] yes. [5:29:45] Anthony, [5:29:46] yes. [5:29:46] And I also vote yes. [5:29:48] Thank you. [5:29:51] All right. Any other points on War [5:29:54] Article 16? [5:29:56] Okay, then we'll move on to our next [5:29:59] item. [5:30:01] Thank you very much to those who [5:30:02] Thank you. [5:30:03] have been present here for a very long [5:30:05] time and stating your points. It's [5:30:07] important to be heard. Of course, we [5:30:10] will [5:30:11] Thank you. All right. So, next we have [5:30:14] board and commission interviews, small [5:30:16] business development committee where [5:30:17] there are six vacancies and we have [5:30:20] candidate Karen Flannry. [5:30:22] So, Karen signed off. Um, she wrote in [5:30:24] the chat, "Would you like me to read [5:30:26] what she wrote?" [5:30:26] Sure. [5:30:27] Okay. [5:30:28] Um, she said that she couldn't stay on [5:30:29] any later. Um, she owns Andom Art [5:30:32] Studios in Brooklyn Village. It's a 50 [5:30:34] person studio with 247 access to [5:30:37] members. She's enjoyed being on the SPDC [5:30:39] for the past three years and [5:30:41] representing small businesses when [5:30:42] discussing the effects of parking, [5:30:44] transportation, traffic, and the [5:30:45] Washington Street Complete Streets [5:30:48] projects on businesses in the village [5:30:50] and throughout Brooklyn. She would [5:30:52] appreciate being reinstated for an [5:30:54] additional three years. [5:30:56] All right. [5:30:58] Any comments, discussions? [5:31:00] Is this right that there are six [5:31:01] vacancies? [5:31:03] Yes. [5:31:03] That's crazy. [5:31:04] And is she the only one up for [5:31:06] reappoint? [5:31:07] Uh, she was the only one that missed the [5:31:09] reappoint application period. So, this [5:31:11] is [5:31:12] board protocol going forward that if you [5:31:14] miss the application, go through the [5:31:15] interview process again. [5:31:17] All right. So, go ahead, Michael. I [5:31:19] would just propose that we reschedule. [5:31:21] Reschedule. [5:31:23] Uh, [5:31:24] she was waiting for hours. [5:31:26] Yes. [5:31:26] Yeah, I think we can go ahead and vote. [5:31:28] She's already been serving. There's six [5:31:29] vacancies. Melanie read the statement. [5:31:32] So, I'll I'll go ahead and move. [5:31:33] I assume there's no nothing no [5:31:35] information we have from the chair of [5:31:37] the committee. [5:31:38] They they support her reappointment. [5:31:41] All right. So, I'll go ahead and move [5:31:43] that we appoint reappoint Karen Flannry [5:31:47] to a three-year term on the Small [5:31:49] Business Development Committee. [5:31:51] Yes. [5:31:52] Bernard votes. Yes. Michael Amanda. [5:31:54] Yes. [5:31:55] Anthony, [5:31:55] yes. [5:31:55] And I also vote yes. [5:31:58] All right. Uh, we already addressed [5:32:00] number 12. [5:32:01] Five more spots to go. [5:32:03] So, that [5:32:04] 1050. [5:32:05] So, that brings us to [5:32:07] 45 [5:32:08] Chestnut Hills. Chestnut Hill zoning [5:32:09] presentation on the assessment of the [5:32:11] Chesn Hill commercial area reszoning [5:32:13] process. [5:32:14] Um it's quarter to 11 and we still have [5:32:17] at least one order warrant article and I [5:32:20] don't know if we're going to take on the [5:32:21] policy on fudge conduct tonight. [5:32:23] So [5:32:23] I'm wondering whether we can push this [5:32:25] to a future meeting or is it that we [5:32:28] So what I was going to propose so I [5:32:32] we received a lot of proposed revisions [5:32:35] on policy on fraudulent conduct. I think [5:32:37] there's still more work to be done on [5:32:38] that one. So, I'm not sure we need to [5:32:40] take that up tonight. About how long [5:32:43] were you anticipating that the Ches Hill [5:32:45] zoning presentation and assessment would [5:32:47] take? [5:32:48] This isn't my [5:32:50] Meredith, about how long do you think [5:32:51] that would take? [5:32:53] Uh, we're we're prepared to give sort of [5:32:55] a streamlined version of the [5:32:56] presentation given the late hour. [5:32:59] So, you know, 15 minutes. [5:33:02] I'd rather hunker late at another time. [5:33:04] All right. So appearing that most [5:33:06] members would like to take that up [5:33:08] another time. [5:33:09] Sorry for making you wait up late [5:33:11] Meredith. [5:33:14] Um and our consultant Emily Andis is [5:33:16] also in as well. [5:33:17] Okay. And then your full version would [5:33:18] be what about a half hour and not just [5:33:21] critiquing just to have a general idea. [5:33:25] Well I I mean you know a half hour for [5:33:27] the presentation and discussion. I think [5:33:30] um this was an opportunity for the [5:33:31] select board to incorporate your [5:33:34] comments feedback into the feedback that [5:33:37] we have already received from the other [5:33:38] land use boards and committees and some [5:33:40] of the focus groups. Um so you know [5:33:43] there was the intention that we could [5:33:44] follow up with sort of the the final [5:33:46] report at a later date. [5:33:49] All right. Uh [5:33:52] looks like most members want to put this [5:33:54] off to a future meeting though. So I [5:33:55] guess we'll do that. [5:33:58] Is that is that actually true? I [5:34:00] Well, I don't know. It sounded like two [5:34:01] of you wanted to move it on. [5:34:02] My my thing was I just didn't want a [5:34:03] streamlined version. If we were going to [5:34:04] do it, I'd like to have a larger, you [5:34:05] know what I that that's kind of [5:34:06] so what I'll propose is we go ahead and [5:34:08] we take up Chesn Hill zoning now since [5:34:10] there seems to be some time pressure on [5:34:13] that and we push off policy on [5:34:15] fraudulent conduct to a future date [5:34:17] which I think we were going to do anyway [5:34:19] because we've at least I've received a [5:34:21] lot of proposed edits from various [5:34:22] people and to the extent that maybe we [5:34:24] can streamline some of that for future [5:34:27] discussion [5:34:28] and can someone share those edits with [5:34:30] the rest of us because I received a [5:34:32] couple but not [5:34:33] I don't think I received much um and [5:34:35] then I also will point out that we still [5:34:37] have the vision zero resolution, [5:34:39] right? I think we should do that, too. [5:34:41] You want to do that tonight? Tell the [5:34:42] one who wrote an amendment whether or [5:34:44] not she should stick around. [5:34:46] You uh see [5:34:50] you should. Yes. Um [5:34:55] which one should we do first? How long [5:34:56] do you think or article 20 would take? [5:35:00] All right. Okay. So, go ahead, Meredith. [5:35:03] You're on. [5:35:04] Thank you. Uh so good evening members of [5:35:07] the select board. Again, Meredith [5:35:08] Mooney, economic development director. [5:35:11] I'm joined tonight by our consultant [5:35:13] Emily Keys Inis, who's the president of [5:35:15] the Inis land strategies group. Um Emily [5:35:19] has extensive experience and expertise [5:35:21] in uh working with communities on land [5:35:23] use plans, zoning, and design guidelines [5:35:26] and all of the public processes that um [5:35:29] support those efforts. and we're here [5:35:32] tonight to present sort of initial [5:35:33] findings and recommendations that have [5:35:36] emerged from a debrief process on the [5:35:38] Chesnut Hill resoning process. Um so we [5:35:42] had decided to undertake the scope of [5:35:44] work uh after conversations we had with [5:35:46] our economic development advisory board [5:35:48] and members of the community advisory [5:35:50] group um that provided input and [5:35:52] guidance direction throughout the [5:35:54] Chestnut Hill resoning process. Um, I [5:35:56] also did just want to point out that I [5:35:58] think this effort does align with and [5:36:01] support uh the select board roadmap [5:36:03] goal. Um, number four, improving [5:36:05] communications [5:36:07] um and engagement with residents [5:36:09] particularly regarding um public process [5:36:12] protocols for zoning efforts. [5:36:15] So the you know the reason why and we've [5:36:17] discussed this before but the reason uh [5:36:19] why we thought it was important to [5:36:21] undertake this debrief profit debrief [5:36:23] process and work with Emily as sort of a [5:36:26] neutral third party in uh reviewing the [5:36:29] work that was part of the Chestnut Hill [5:36:31] commercial area study uh was because the [5:36:34] Chestnut Hill commercial area study work [5:36:36] was a departure from um past practice [5:36:39] where the select board would [5:36:40] historically appoint a select board [5:36:42] appointed committee on commercial area [5:36:45] studies or to reszone large sites like [5:36:48] Waldo Durgen for example. Um and instead [5:36:50] we move forward with Chestnut Hill as a [5:36:52] staffled initiative um where ultimately [5:36:55] staff would be responsible for [5:36:56] developing um uh the zoning and final [5:37:00] recommendations to the select board for [5:37:01] your consideration and decision about [5:37:04] whether or not to put that before town [5:37:06] meeting for um its consideration. Um so [5:37:09] you know we felt it was important that [5:37:11] now that that process has concluded we [5:37:13] do an assessment of whether or not this [5:37:16] uh new format that we've experimented [5:37:18] with was successful and you know what [5:37:20] worked well um where the opportunities [5:37:23] room for improvement and you know how [5:37:24] could we improve upon future commercial [5:37:27] area or large site um planning studies [5:37:30] going forward. So just a very quick [5:37:33] overview of the process and then I'm [5:37:34] going to turn it over to Emily. Um we [5:37:38] earlier this summer convened several [5:37:40] focus group discussions that included [5:37:42] members of the community advisory group [5:37:44] as well as a small cohort of town [5:37:46] meeting members and uh there were also [5:37:48] interviews with staff who were very [5:37:50] involved in the process. Um and then the [5:37:52] select board leadership that was [5:37:53] involved in that work as well. Select [5:37:55] board member Michael Rubenstein, former [5:37:57] select board member Mike Samman. And uh [5:38:00] based on those conversations, Emily [5:38:02] developed an initial set of key findings [5:38:05] and recommendations that were then [5:38:06] presented to all of the land use boards [5:38:09] over the summer and in the early fall [5:38:11] for uh you know their additional [5:38:14] thoughts and you know questions that [5:38:15] were then incorporated and we refined [5:38:18] the findings and the recommendations [5:38:20] based on that additional input. So [5:38:22] tonight we wanted to, you know, share [5:38:24] where we're at in terms of findings and [5:38:25] recommendations and give the select [5:38:27] board the opportunity to um incorporate [5:38:30] your perspectives and input in that as [5:38:32] well. In addition to sort of this uh [5:38:36] internal town debrief, we are also [5:38:38] planning on conducting interviews with [5:38:39] developers about sort of their [5:38:41] perceptions about development um and the [5:38:44] process in Brooklyn. Um, we were [5:38:46] planning on sort of reporting back on [5:38:48] that when we come back to the select [5:38:50] board in December with our commercial [5:38:52] areas update and to present an update on [5:38:55] the economic development division's um, [5:38:57] strategic work plan. So um, with that I [5:39:01] will turn it over to Emily to share the [5:39:03] findings and recommendations. [5:39:14] Emily is raising her hand. [5:39:18] Oh, you know what? I think Emily needs [5:39:20] to be promoted to [5:39:22] like [5:39:24] too many screens here. [5:39:34] She's all set. [5:39:38] I would have figured it out eventually. [5:39:40] Emily, it looks like you're a co-host [5:39:42] now. [5:39:45] Hey, there I am. Hello everybody. Um, a [5:39:49] very nice [5:39:49] You're really quiet. Can you speak up? [5:39:52] Yes. I'm just going to fix that on my [5:39:54] controls. Just one moment. Good evening [5:39:58] everyone. Can you hear me now? [5:40:00] Yes. [5:40:01] Excellent. Um, it is a pleasure to be [5:40:03] with you tonight. Again, for the record, [5:40:06] my name is Emily Keys Ennis. I'm [5:40:08] president of Inisland Strategies Group [5:40:10] and I am going to share my screen with [5:40:12] you and just very quickly because I know [5:40:15] it is a late hour um uh go through the [5:40:19] key points of uh the information um that [5:40:24] Meredith outlined for you. So the first [5:40:26] few slides of this and I believe you all [5:40:28] have it in your packet are um uh the [5:40:31] overall process that Meredith just went [5:40:33] through. So I'm going to start you [5:40:34] partway through at the findings. Um uh [5:40:37] the key thing uh from the interviews [5:40:39] that I did uh with the uh different [5:40:42] groups um uh some individual interviews [5:40:45] uh EDAB, the planning board, the HAB and [5:40:48] members of the CAG. Uh couple of key [5:40:52] elements that fed into this relatively [5:40:54] new process for the town. Um this [5:40:57] staffled, staff facilitated process had [5:41:00] advantages. project management [5:41:02] wellreceived. [5:41:04] The volunteer boards which have [5:41:05] participated in the past in these uh in [5:41:08] other zoning processes again their [5:41:11] expertise proved very useful. Um the [5:41:14] work that uh select board member Michael [5:41:16] Rubenstein did around the FAQs and the [5:41:19] outreach was very wellreceived um in [5:41:22] terms of reaching out to town meeting [5:41:24] members. Um, some people felt that the [5:41:26] Brookline community was starting to [5:41:28] build up an understanding of reszoning [5:41:32] and what makes a good neighborhood. And [5:41:35] if you uh take the point of view that [5:41:38] adoption of zoning by town meeting is [5:41:41] successful, then the reasonzoning [5:41:42] process itself was successful. So there [5:41:45] was a lot of good that came out of this [5:41:47] new process. [5:41:49] couple of things that were um uh less uh [5:41:53] positive. Uh the initial timeline the uh [5:41:56] first meeting of the CAG [5:41:59] um had set up a timeline and that [5:42:01] timeline was too short and ultimately [5:42:03] for what this process was. It needed to [5:42:06] be longer. And then there's a couple of [5:42:07] things that flow out of that. One is [5:42:10] while community engagement was good at [5:42:13] the beginning of the process, it was not [5:42:15] sufficient in the later stages. it was [5:42:17] really limited to uh participation in [5:42:20] public comments at the CAG meetings um [5:42:23] or later public hearings. Uh funding for [5:42:26] technical resources again because the [5:42:28] process changed partway through with the [5:42:30] addition of city realy funding for [5:42:32] technical resources the resources that [5:42:34] might be needed weren't fully thought [5:42:36] out at the beginning of this process and [5:42:39] the same was true of roles. uh there [5:42:41] some people that I interviewed felt that [5:42:43] the roles um uh really needed to be [5:42:46] clarified. Was it the staff who were [5:42:48] leading? Was it the select board or the [5:42:50] select boards leazison who was leading? [5:42:52] Was it the members of the CAG who were [5:42:54] leading? Um and as a correlary to that, [5:42:58] some of the CH members felt that they [5:42:59] really didn't have closure on this [5:43:02] process that there was a need either for [5:43:05] a closing vote, although it was [5:43:07] understood at the beginning that that [5:43:08] was not that they were not going to be [5:43:10] voting or at least a specified and [5:43:13] advanced final meeting. Um, others [5:43:16] thought that consultant input had not [5:43:18] been fully aligned with the project [5:43:20] needs and that staff could have pushed [5:43:22] back harder against what the consultants [5:43:25] uh produced prior to it coming to a [5:43:27] public meeting and that uh there was a [5:43:30] concern about whether or not developer [5:43:32] specific processes should be uh [5:43:35] separated for neighborhoodwide [5:43:37] processes. So with that there's two sort [5:43:40] of components here. there's an overall [5:43:43] set of recommendations and then based on [5:43:46] um some suggestions from the planning [5:43:49] board, we've gone into more depth. So, [5:43:51] I'm not going to go too far in depth on [5:43:54] the global recommendations because you [5:43:57] do have it. But I do um want to note [5:44:00] that continuing the staffled, staff [5:44:02] facilitated process seems to be [5:44:04] reasonable because overall it worked [5:44:06] well. A lot of this uh the comments that [5:44:10] were somewhat negative about the process [5:44:11] could have been from uh or addressed by [5:44:14] better defining some of the roles and [5:44:16] accountability within the process in [5:44:19] advance. I also recommend defing [5:44:35] the goals for the process itself in [5:44:37] advance and conducting what we call a [5:44:40] premortem, which is saying, "Okay, if [5:44:42] you're starting at the end endgame at [5:44:44] the town meeting, what should happen on [5:44:46] the way to the town meeting? [5:44:56] ing metrics for how do you measure how [5:45:00] well the process is going as the process [5:45:02] moves forward with that premortem comes [5:45:06] budgeting for and allocating the [5:45:08] resources early and although I mentioned [5:45:10] consultants resources are also staff [5:45:13] time and the effort um that they need to [5:45:16] take in order to manage the process [5:45:18] and volunteer time. So, if the volunteer [5:45:21] boards are going to be involved, if [5:45:23] there is going to be another advisory [5:45:25] committee or smaller focus groups, we'll [5:45:26] get into that in a minute, that those [5:45:28] resources be allocated in advance. [5:45:31] Community engagement needs to be [5:45:33] rethought and thought through at the [5:45:35] beginning of the process. And then [5:45:37] allowing some more time um for [5:45:40] reasonzoning studies and draft zoning. [5:45:42] And I'm going to show you quickly three [5:45:44] options for that. So I have two sets of [5:45:48] again global recommendations. One on the [5:45:50] roles. I'm not going to go into each of [5:45:52] these bullet points, but just note that [5:45:54] tried to identify all of the groups or [5:45:57] people who are involved in a [5:45:59] reasonzoning process and provide some [5:46:01] clarification on the roles. So you'll [5:46:04] see there's a nice long column for the [5:46:06] members of the select board as well as [5:46:08] for the planning staff and then the [5:46:09] other people stakeholders other town [5:46:12] officials, consultants, developers and [5:46:14] town meeting members and how they should [5:46:16] be engaged in the process. [5:46:19] I also go into other ways of thinking [5:46:22] about community engagement. uh not that [5:46:24] every single one of these needs to be [5:46:26] used for a single reasonzoning process, [5:46:29] but there's an ability to mix and match [5:46:32] depending on the type of process and [5:46:34] what is needed. Um uh some thoughts [5:46:36] about how to think about it, uh engaging [5:46:39] the community or engaging a neighborhood [5:46:42] prior to the resoning effort starting. [5:46:44] And I think there's a key um element of [5:46:47] that that we heard from some of the [5:46:49] members that uh any developer if it's a [5:46:51] developer uh participant in the process [5:46:54] that they need to be building their own [5:46:56] relationships with the neighborhood [5:46:58] before kicking off the process. and then [5:47:00] the the different uh purposes of each of [5:47:03] these community engagements. [5:47:06] And then one of the things that came out [5:47:08] of uh conversations with the planning [5:47:10] board and EDAB and to a lesser extent [5:47:13] HAB um was some of the tensions that are [5:47:17] inherent in any process and thinking [5:47:19] about how to balance those tensions. Um [5:47:22] so how to look how to basically start [5:47:25] with the endgame which is getting [5:47:26] rezoning efforts to town meeting in a [5:47:29] warrant article um to discuss and then [5:47:32] working backwards from that for the [5:47:34] pre-planning. Um the tension between [5:47:36] being proactive about zoning versus [5:47:39] reactive. So do you zone a neighborhood [5:47:42] in advance of anything happening or a [5:47:44] commercial district in advance of [5:47:45] anything happening or wait until a [5:47:48] developer comes forward? um the tension [5:47:51] between having working meetings versus [5:47:53] meetings that invite public input. Uh [5:47:56] sometimes it's important, they're all [5:47:58] public meetings, but sometimes it's [5:47:59] important to um work through the [5:48:02] questions and the process and then [5:48:05] invite public meeting uh public input at [5:48:07] specific points. And then the process uh [5:48:10] or the tension between the momentum of a [5:48:13] resoning process keeping that going and [5:48:16] keeping it steady versus it moving so [5:48:19] quickly that it the momentum itself is [5:48:21] overtaking the process and building in [5:48:24] time for input evaluation reflection and [5:48:28] then discussion before starting the the [5:48:31] next stage of the process. [5:48:34] Uh scale was important is that you may [5:48:37] use a different process for a smaller [5:48:40] area versus a larger area. Um setting [5:48:43] expectations [5:48:45] uh in terms of timeline needs. So if it [5:48:48] is a process with a developer having [5:48:50] them being clear upfront about why [5:48:53] they're proposing a timeline um for [5:48:56] resoning. um if the reasonzoning has [5:48:59] certain parameters what it can or needs [5:49:02] to accomplish and it can't that needs to [5:49:04] be clear at the outset. Um and then [5:49:07] visualizations was a topic that came up [5:49:09] several times throughout this and the [5:49:11] balance of something that looks real [5:49:13] versus conceptual and where those [5:49:16] visualization what types of [5:49:18] visualizations there are and how they [5:49:20] come into play into the process. So the [5:49:23] planning board had asked that uh [5:49:25] actually may have been sorry it may have [5:49:26] been EDAB that asked uh that we consider [5:49:29] providing uh models for processes. So [5:49:32] we've got three separate models here. [5:49:34] One is for technical changes or an [5:49:38] update that's been being made based on a [5:49:40] previous visioning process. This should [5:49:43] take the least amount of time because [5:49:44] there's already been a significant [5:49:46] amount of public engagement. Um the [5:49:48] second process model is a neighborhood [5:49:51] resoning. So, this would be on the [5:49:52] proactive side. Um, uh, starting from [5:49:55] scratch in a neighborhood. This would [5:49:58] probably be the longest because you have [5:49:59] an element of visioning before you got [5:50:02] to the reszoning portions. So, going [5:50:05] through the goals, the pre-planning [5:50:07] timeline, resources, community [5:50:09] engagement, visualizations, and then the [5:50:12] final would be reszoning with a [5:50:14] developer where a developer is on board [5:50:16] from the start and how to think through [5:50:18] that process model. [5:50:21] And with that, again, because this is a [5:50:22] quick overview and I'm happy to go into [5:50:24] more detail, we do have a set of [5:50:26] appendices afterwards that summarizes [5:50:28] the input received to date. Any input [5:50:31] that we hear from you tonight um I will [5:50:34] incorporate into um uh the section of [5:50:37] the appendices for your input and then [5:50:39] I'll go back and revise anything that [5:50:42] needs to be revised from the um uh from [5:50:45] the main part that I summarized just [5:50:47] now. So with that and again being aware [5:50:50] of your schedule, I'm happy to take any [5:50:52] questions at this point. [5:50:54] Any questions from board members? [5:50:58] Michael. [5:50:59] Uh first of all, uh thank you very much [5:51:03] for the for the work and the [5:51:05] presentation. Um and it also I think [5:51:08] makes excellent reading um for improving [5:51:11] our processes. Um I had one question uh [5:51:18] in in in the the process B where you're [5:51:22] talking about neighborhoods. Um I'm [5:51:25] wondering whether or not you feel um [5:51:30] that things like a comprehensive [5:51:33] planning process um how those things [5:51:36] should best be folded into these other [5:51:39] processes. Um because um obviously while [5:51:43] the comprehensive plan has been being [5:51:45] developed there's been sort of tension [5:51:47] around this question of of you know how [5:51:50] much do we wait how much do we [5:51:52] anticipate what the comprehensive plan [5:51:54] might include um how much do we move [5:51:57] forward at what rate do we move forward [5:52:00] um so I wonder if there you have any [5:52:02] thoughts or or uh recommendations about [5:52:05] incorporating comprehensive planning [5:52:08] into any of these areas. Um, that was my [5:52:12] question and I don't know whether you [5:52:13] want to answer that now or or give it [5:52:16] some thought. [5:52:17] I I'd be happy to. We ran into the the [5:52:20] same some situation for a comprehensive [5:52:23] plan we were doing out in central [5:52:25] Massachusetts a few years ago and we had [5:52:27] already started the planning process and [5:52:30] a um developer came forward, property [5:52:32] owner came forward with a potential [5:52:34] development um and it was a little [5:52:36] tricky for us. A comprehensive plan is [5:52:40] generally 10 to 15 years. So you're [5:52:43] looking 10 to 15 years in the future and [5:52:45] trying to anticipate at quite a high [5:52:47] level what is going to happen um uh [5:52:51] along the the various different elements [5:52:53] that are part of uh the the sort of the [5:52:56] legislative guidelines around creating a [5:52:58] comprehensive plan and uh and land use [5:53:02] is of course a huge part of that. That's [5:53:04] that's where they first started. But it [5:53:06] can be really tricky when you're having [5:53:08] conversations about a project that could [5:53:11] be happening in the next year or so [5:53:13] while you're also trying to think 10 to [5:53:15] 15 years out. Um, so if it if the plan [5:53:20] has been if the comprehensive plan has [5:53:22] been finished, then one of the things we [5:53:25] would recommend in a neighborhood [5:53:27] resoning process is to look back at that [5:53:29] comprehensive plan. See if that [5:53:32] neighborhood was called out as something [5:53:35] to study in the comprehensive plan and [5:53:37] if so, what were the recommendations [5:53:39] around that neighborhood? Um, and if uh [5:53:43] and if it was not, are there general [5:53:45] principles uh the goals of v the overall [5:53:48] vision of a comprehensive plan that can [5:53:50] inform that neighborhood process? If the [5:53:53] project is coming, as that client was [5:53:55] for us in central Massachusetts, if the [5:53:57] project is coming forward during the [5:53:59] comprehensive plan, I think it's [5:54:01] important for the community as as we [5:54:03] tried to work with the community to [5:54:06] separate out the implications of [5:54:08] something that could happen in the next [5:54:10] year or two versus the the higher level, [5:54:13] the comprehensive plan. And then [5:54:15] depending on where they are in the [5:54:17] comprehensive planning process, have [5:54:20] there already been goals or visioning um [5:54:24] that have come through in the process [5:54:25] that are solid enough that they could be [5:54:28] considered as part of the discussion [5:54:31] around the near-term project or as a [5:54:34] comprehensive plan in a state where um [5:54:37] uh that that hasn't been solidified. And [5:54:40] I would say that's also true of a [5:54:41] neighborhood plan. If um for example, if [5:54:45] you started with a process model B and [5:54:47] say you were threequarters of the way [5:54:50] through it and a property owner came [5:54:52] forward and said, "Hey, this looks [5:54:53] great. I'd like to do this now." Again, [5:54:56] trying to figure out how that developer [5:54:59] uh would that developer proposes or what [5:55:02] that property owner proposes compared to [5:55:04] what stage of the neighborhood visioning [5:55:06] you are. If it's something where the [5:55:09] property owner comes in at the very [5:55:10] beginning of the process, then it starts [5:55:12] to flow into more of a process model C [5:55:15] where the developer is already involved. [5:55:17] So that whether it's a B or a C could [5:55:20] depend on sort of when a developer comes [5:55:23] into the process. But it is very [5:55:26] important to understand when uh you're [5:55:28] taking the long view as part of a [5:55:30] planning process and when it's more the [5:55:32] shorter term like the 3 to five or the [5:55:34] the two to five year period and try and [5:55:37] separate out the discussions on those [5:55:39] two. [5:55:41] Thank you. Um I I think that's very [5:55:43] relevant to both the Chesnut Hill [5:55:45] commercial area project and uh current [5:55:48] projects um that are in the pipeline. Um [5:55:52] the second thing that I wanted to sort [5:55:55] of pull out um you had you made some [5:55:58] excellent recommendations around uh [5:56:01] establishing goals and timelines early [5:56:04] on. Um I wonder if you had given any [5:56:07] similar thought to identifying risks in [5:56:11] projects um in parallel so that you know [5:56:15] as time passes and other things occur [5:56:19] that um that there's some consideration [5:56:23] upfront of and as the project move [5:56:26] forward moves forward of potential risks [5:56:29] that would uh impact either the goals or [5:56:33] the feasibility ility of moving forward [5:56:35] with your project. [5:56:38] Yes. And that's where the premortem [5:56:40] comes in. Um that idea of assessing at [5:56:42] the very beginning what could those [5:56:44] risks be? Some of them are controllable [5:56:47] during a process and some of them are [5:56:49] not controllable. So um the types of [5:56:52] risks that you can mitigate against is [5:56:55] obviously when you get to town meeting, [5:56:57] town meeting members are generally going [5:56:59] to have a lot of questions, right? and [5:57:01] how much information I think uh the city [5:57:04] realy partly uh or a great deal to do [5:57:06] with the efforts that you yourself made [5:57:08] but um the process of how do you get to [5:57:11] town meeting members um in advance so [5:57:13] that they have time to ask their [5:57:14] questions participate in the process [5:57:17] identify their concerns so those can be [5:57:19] addressed prior to the floor of town [5:57:22] meeting that's one risk another risk [5:57:24] obviously is um uh something that I [5:57:27] heard a little bit of tonight is when [5:57:29] you have a neighborhood where some [5:57:30] people are interested in in a project [5:57:32] and having it move forward and the [5:57:35] conditions under which it would move [5:57:36] forward and other people who have [5:57:38] concerns. It's not that they don't want [5:57:39] it to move forward, but they don't um [5:57:42] have the the same perspective on uh some [5:57:45] of the same questions. And so, how do [5:57:48] you mitigate against the risk of that? [5:57:49] How do you develop um ways for people to [5:57:52] get their input in earlier into the [5:57:54] process and uh understand uh when [5:57:57] they're being heard and when they need [5:57:58] to have more information? Those are [5:58:01] controllable risks. Um, uh, either [5:58:04] working, you know, staff for a [5:58:06] neighborhood process or staff and a [5:58:09] developer process of figuring out when [5:58:11] the input is, when the information comes [5:58:13] in, non-controllable risks. Um, and [5:58:17] sorry, and the other thing that's [5:58:18] controllable is understanding the [5:58:19] timeline. uh is there a specific a [5:58:22] specific timeline that needs to be met [5:58:25] and knowing that at the very beginning [5:58:27] of the project and incorporating that [5:58:28] into the project. We talked a little bit [5:58:31] um uh in some of the other meetings [5:58:33] about starting with the town meeting [5:58:35] that you want to take the zoning to and [5:58:36] working backwards and do you actually [5:58:38] have enough time to do that? Um the [5:58:41] risks you can't control are big global [5:58:44] things like the economy. Um uh interest [5:58:47] rates going up or interest rates going [5:58:49] down or commodity prices changing or [5:58:52] something that might otherwise affect [5:58:54] the cycle that was unexpected. [5:58:57] Um, and so it's perhaps [5:59:01] understanding as a community a little [5:59:03] bit more about how those risks might um, [5:59:06] impact a discussion of a resoning and [5:59:08] especially if that's tied to a [5:59:10] particular project. And I think that [5:59:12] goes with the idea we we heard from some [5:59:14] people that they felt that Brookline was [5:59:17] as a community was starting to [5:59:20] understand a little bit more what makes [5:59:21] a great neighborhood. some of the [5:59:23] terminology that comes through. I think [5:59:26] building community understanding about [5:59:28] how development does and does not work [5:59:30] can be an important part of that and [5:59:32] could feed into a pre-planning [5:59:35] um uh community outreach process if that [5:59:37] was something that the town felt that it [5:59:39] wanted to undertake. [5:59:41] Thank you. [5:59:43] a question I have. So on slide number [5:59:46] seven with the findings, uh, one of your [5:59:48] items is consultants need guidance from [5:59:51] staff. Some consultant input was not [5:59:54] aligned with the project needs and staff [5:59:56] should have provided feedback before [5:59:59] information became public. Could you go [6:00:02] into a little more detail about what you [6:00:04] mean there regarding alignment with [6:00:06] consultants and staff? [6:00:08] Yes, absolutely. um uh it came up in two [6:00:12] particular places. One was on [6:00:15] visualizations. It's one of the reasons [6:00:17] I I talked a little bit more about the [6:00:18] different types of visualizations and [6:00:20] how they could be used. Um there was [6:00:23] some feeling from some of the people [6:00:24] that I interviewed that there were some [6:00:27] wireframe um designs that were used to [6:00:30] try and communicate how something could [6:00:31] look and they felt that that was not as [6:00:33] effective and that staff could have [6:00:35] pushed a little bit harder on that. And [6:00:37] then the other was um uh looking at the [6:00:40] traffic consulting um and the proposal [6:00:44] um for traffic mitigation in the area. [6:00:46] Uh there was some um concern from people [6:00:49] that I heard that the solution that was [6:00:52] proposed was not appropriate for that [6:00:54] area and that staff could have pushed a [6:00:57] little bit harder to um uh make it a [6:01:00] little bit more specific. So those are [6:01:02] the two that come come to mind of the [6:01:05] things that I heard. [6:01:07] All right. Thank you. Because one [6:01:08] potential concern I have is I don't want [6:01:12] the public to be under the impression [6:01:14] that we are saying consultants must [6:01:18] march in lock step with staff in terms [6:01:21] of their substantive opinions on [6:01:23] something because there's value to there [6:01:25] being differences there. And I know [6:01:27] that's not what you just said, which is [6:01:29] why I appreciate you offering further [6:01:31] clarity, but I think you might want to [6:01:33] make that point abundantly clear that [6:01:35] we're not trying to say consultants need [6:01:38] to match whatever staff is saying. And [6:01:40] that's not because I disrespect staff. I [6:01:42] very much respect staff, but the point [6:01:43] of bringing in a consultant sometimes is [6:01:46] to offer a perspective that perhaps [6:01:49] hasn't been expressed previously. and I [6:01:51] wouldn't want to punish a consultant uh [6:01:55] for not expressing the exact same views. [6:01:59] Uh I think that's a valid point and I'd [6:02:01] be happy to clarify that um uh in there. [6:02:05] It was it was specific to whether or not [6:02:08] the information provided was relevant to [6:02:13] this particular site in this particular [6:02:15] way. I think that's what I heard. So I'm [6:02:17] happy to offer that clarification. [6:02:19] Anyone else? Amanda, [6:02:22] I just wanted to make a brief comment. I [6:02:24] really appreciate the amount of effort [6:02:27] on community engagement because it's [6:02:29] something that we have struggled with as [6:02:30] a town of how to do efficient um [6:02:34] meaningful public engagement. Um so I [6:02:36] just wanted to highlight two things. One [6:02:38] is just the communication piece and [6:02:40] setting expectations and timelines ahead [6:02:42] of time so that the public knows it. Um [6:02:45] but the other is the split between [6:02:47] working group sessions and public input [6:02:49] sessions. Um and that is for the benefit [6:02:52] of everyone involved. Um because if we [6:02:56] if every meeting where new information [6:02:58] is presented, we expect the public to be [6:03:00] able to digest it and respond to it on [6:03:02] the spot. Um they're not being able to [6:03:05] make all the points that they want to [6:03:06] make either. And so if we can say here's [6:03:09] a meeting, we're going to present new [6:03:10] information here in next week's meeting. [6:03:14] come with your feedback, I think it'll [6:03:16] be much more effective at large. So, I [6:03:19] really appreciate that. [6:03:21] You're not the only community that has [6:03:23] to try and figure community engagement [6:03:25] out. That is uh I think a consistent [6:03:28] among all the communities we work with [6:03:30] is what is the best way for a specific [6:03:34] community to work with. And that may [6:03:36] change depending on the topic which is [6:03:38] why I wanted to give you all a range. [6:03:42] In uh terms of the finding funding for [6:03:44] technical resources should be available [6:03:47] at the beginning. Do we always know with [6:03:50] development projects what those [6:03:52] technical resources will be or sometimes [6:03:55] does that evolve over time? [6:03:57] You know, that was a really interesting [6:03:59] point of this um because I don't think [6:04:02] there's a right way to bring the [6:04:04] technical resources in and the way that [6:04:06] you all did it this time for the for [6:04:09] this particular project um where you [6:04:12] brought in the consultants kind of as [6:04:14] the questions came up perfectly valid. [6:04:17] Having a consultant team at the [6:04:19] beginning also perfectly valid. But I [6:04:21] think what I wanted to stress was this [6:04:24] idea of planning at the beginning that [6:04:27] you might need more and just being [6:04:30] aware. Um, hey, these topics might come [6:04:33] up during this. Do we want to think in [6:04:36] advance? You don't necessarily have to [6:04:39] have everybody there in advance, but [6:04:41] just be aware that this topic might come [6:04:44] up. Maybe we want to go ahead and set [6:04:46] aside some funds in the budget in case [6:04:49] we think we do need a third party to [6:04:51] come in um and provide some additional [6:04:54] resources to us later in the project. Um [6:04:57] uh just so it's not a surprise. Uh there [6:05:00] are especially with with zoning um there [6:05:03] are some standard questions that get [6:05:05] asked and so um it's uh it's a good idea [6:05:09] to kind of poke at that a little bit in [6:05:10] the in the initial planning stage and [6:05:13] just say you know maybe maybe we just [6:05:15] want to leave some room that we could [6:05:16] add this later. [6:05:19] Anyone else? [6:05:23] All right. Well, thank you very much for [6:05:24] this presentation. It's extremely [6:05:26] helpful, very detailed, and it helps [6:05:28] provide a road map for us in future [6:05:32] similar projects. [6:05:35] It's my pleasure, and I'll work with [6:05:37] Meredith to finalize the report. Thank [6:05:39] you all for your questions and your [6:05:40] input. [6:05:41] All right. [6:05:42] Thank you. [6:05:43] So, with that, we will move to warrant [6:05:47] article 20, vision zero resolution. [6:05:51] And thank you very much, Marissa, for [6:05:53] your [6:05:55] extreme patience and waiting till 11:20 [6:05:58] at night. [6:05:59] The last soldier. [6:06:03] I went home in our little party. [6:06:09] Um, okay. Hi everyone. Um, I'm Marissa [6:06:13] Vote. Um I'm a town meeting member in [6:06:16] precinct 6 and I am here just to talk a [6:06:20] little bit about an amendment that I [6:06:21] filed to article 20 which is a [6:06:24] resolution in support of increased [6:06:26] enforcement for um for traffic safety [6:06:30] and for vision zero. So, um I don't know [6:06:33] if you've seen the Well, I think you've [6:06:36] seen the amendment because it's in your [6:06:38] packet, but I don't know if you've seen [6:06:39] the version that the AC [6:06:42] subcommittee voted on last night. Um or [6:06:46] that the full AC approved tonight. No. [6:06:49] Okay. So, breaking news. Um tonight, I [6:06:53] think it's still tonight. Yeah, tonight, [6:06:56] not yesterday. Um the AC [6:07:00] um actually so yesterday, Monday, the AC [6:07:03] subcommittee um voted on a slightly [6:07:06] different version of the resolution. [6:07:08] They incorporated the whereas um or [6:07:12] mostly the whereas um changes that I had [6:07:15] made, but not the two resolved clauses. [6:07:19] um they have their own slight tweaks to [6:07:23] what the petitioners um had originally [6:07:27] proposed there. So um so if you want to [6:07:30] just focus in terms of like my [6:07:31] amendment, you should just focus on the [6:07:33] the resolved clauses. Um and so um we're [6:07:38] proposing to uh [6:07:42] to change the first resolve clause to [6:07:44] make it clear that um yes, this elevated [6:07:47] enforcement is um very needed and very [6:07:50] important. It's part of all of our tools [6:07:54] that we have to help the town meet the [6:07:56] vision zero goals, but it is um not a [6:08:00] substitute for infrastructure [6:08:02] improvements um that this increased [6:08:05] traffic enforcement is meant to [6:08:07] complement and not just to substitute [6:08:10] for um for those those other things that [6:08:13] we need to do. Um and the second change [6:08:18] in for the third part of the word of the [6:08:20] resolved clause. Um [6:08:23] so the the original text says calls for [6:08:26] fully funding and staffing the traffic [6:08:28] division of the police department. Um [6:08:30] the AC version now says um adequately [6:08:34] funding the police department as a [6:08:36] whole, not the traffic division in [6:08:38] particular. Um but we have amended it to [6:08:42] clarify that. um that funding the the [6:08:46] traffic division um should be done [6:08:49] within the constraints the the current [6:08:52] constraints of the police budget and [6:08:54] staffing levels. Um [6:08:57] so that this is not actually calling for [6:08:59] any increased funding or increased [6:09:01] staffing beyond what's already um in the [6:09:04] police department or already planned for [6:09:05] the future because I know there's some [6:09:07] new hires that are supposed to be coming [6:09:09] on by fiscal year 29. Um and also to [6:09:13] clarify that um that funding the police [6:09:18] uh part of the enforcement is not um [6:09:21] should not be considered a higher budget [6:09:23] priority than adequately funding public [6:09:26] way infrastructure improvements that are [6:09:28] also part of the vision zero efforts. [6:09:30] And um this this text is not meant to [6:09:34] pitch like one department versus [6:09:37] another. It's just meant to um to to [6:09:42] clarify that there are lots of competing [6:09:45] budget priorities in general. Um but in [6:09:49] particular that if we have any [6:09:53] additional funding from from the town [6:09:55] that we could spend on achieving our [6:09:58] vision zero goals um that it's uh it we [6:10:04] shouldn't by default spend it on the [6:10:06] police department or on enforcement that [6:10:09] um there are other ways to spend it if [6:10:13] we're specifically only talking about [6:10:15] meeting our vision zero goals. And then [6:10:16] of course if there's um you know if [6:10:19] you're talking about other things there [6:10:20] there are maybe other budget priorities [6:10:22] too but specifically with vision zeros [6:10:25] um the point of this this amen this [6:10:28] amendment to the this were resolved [6:10:30] clause is really meant to um [6:10:34] is meant to emphasize that there are [6:10:37] other potential [6:10:40] places where you might want to spend the [6:10:41] money and um achieve our vision zero [6:10:44] goals. So, um it's more about um [6:10:50] yeah about fiscal responsibility there. [6:10:52] Sorry, I'm very tired. I don't know how [6:10:54] you all are staying awake up there too. [6:10:57] Um so that's yeah, that's the the short [6:10:59] version and now we can all go home. [6:11:01] Do the petitioners consider this a [6:11:02] friendly amendment? [6:11:03] I don't know. I haven't heard back from [6:11:05] them. Um, and it's it was not totally [6:11:09] clear to me whether they were all in [6:11:12] agreement with the AC version. I think [6:11:15] they I think the ones that were at the [6:11:18] meeting were, but it's not clear. [6:11:22] All right. So, without having that [6:11:24] information, we probably should wait [6:11:25] until next week to vote on this. [6:11:28] Um, and also we don't have the AC [6:11:30] language in front of us, but thank you [6:11:32] very much for explaining to us your [6:11:34] amendment. Uh personally it seems very [6:11:38] reasonable to me but I want to hear what [6:11:39] the others have to say. [6:11:42] Um [6:11:44] I just want to note um [6:11:48] with regard to the roadmap 2030 um that [6:11:53] um this is a resolution of course not a [6:11:55] bylaw. Um so it to the extent that it [6:11:59] would be incorporated into the budget um [6:12:04] obviously uh redu any any corresponding [6:12:08] reduction to our vision zero efforts [6:12:10] would uh move against the vision zero [6:12:14] goals that are reflected in the road [6:12:16] map. Um and I'm not sure if there are [6:12:19] any other sort of general budget [6:12:22] implications that we can draw from that [6:12:24] from this. [6:12:25] I I mean I think that this you know the [6:12:28] prioritization of staffing in the police [6:12:29] department budget is really at the [6:12:31] discretion of the chief. So obviously if [6:12:33] there are other public safety issues [6:12:34] that kind of take pull resources away [6:12:37] from traffic that's really you know the [6:12:39] chief's discretion [6:12:40] right [6:12:41] um you know if there was like a major [6:12:42] crime going on and there needed to be [6:12:44] investigations like that that's kind of [6:12:47] how the work would be diverted. Um, you [6:12:50] know, in terms of the language that I'm [6:12:51] seeing here, um, you know, with the with [6:12:53] the infrastructure improvements, you [6:12:55] know, the CIP is kind of funded [6:12:58] separately from the operating budget. [6:12:59] So, I don't see there being competition. [6:13:02] Um, except that, you know, we do make [6:13:05] decisions about the level of funding for [6:13:07] the CIP in order to provide relief to [6:13:09] the operating budget. So, there is a [6:13:10] little bit of tension there. Um, but you [6:13:14] know, in terms of the staffing, I mean, [6:13:16] I would I would just want to make sure [6:13:18] that that is kind of left to the chief's [6:13:20] discretion, [6:13:20] right? And then then that question of [6:13:22] staffing really isn't uh come into play [6:13:26] with regard to the road map. [6:13:29] Um, just one quick point. I know we're [6:13:32] all fading quickly, but um I do know [6:13:36] that I have I have not attended an AC [6:13:40] meeting, but I've heard through the [6:13:41] grape vine that there are some that do [6:13:44] see fiscal implications in how that town [6:13:47] meeting vote goes. Um and so it behooves [6:13:51] us to consider something like the [6:13:54] amendment to um put a limit on the [6:13:57] fiscal implications so that uh if it [6:14:00] passes there is not a clamoring to say [6:14:03] double the traffic enforcement um and [6:14:06] put pressure on the chief outside of [6:14:08] what she would want for her department. [6:14:13] Yeah. I mean, I would also want to ask [6:14:17] the petitioners um a question about the [6:14:21] the in terms of improving our [6:14:24] enforcement [6:14:26] um capabilities within the police [6:14:28] department. How much of that is uh [6:14:31] improved by funding the traffic division [6:14:34] versus how much of that is improved by [6:14:37] ensuring that patrol officers are also [6:14:40] uh at the in appropriate manners [6:14:44] according to best practices um [6:14:47] themselves [6:14:49] making moving violation citations [6:14:52] um and uh also participating in that [6:14:55] effort and I don't know the answer to [6:14:58] that but I I think it would be worth [6:15:00] understanding the answer. [6:15:03] Maybe we could funnel that question to [6:15:04] the chief before the next meeting. [6:15:07] Yeah. It's also important to remember [6:15:08] though this is a resolution. So it [6:15:11] wouldn't actually be binding, which is [6:15:13] not to say we shouldn't respect it. We [6:15:14] of course should, but I wouldn't want [6:15:16] the financial implications in and of [6:15:18] itself to hold up the sentiment behind [6:15:21] it because this is expressing the will [6:15:24] of probably the petitioners and [6:15:26] certainly the drafter of the amendment [6:15:28] and town meeting as a whole potentially [6:15:31] of the direction we want to move in. But [6:15:32] it's not ironclad with respect to [6:15:35] needing to change certain line items in [6:15:37] our budget. [6:15:38] I would just add um to kind of close the [6:15:42] loop there. Um, one of the things that [6:15:43] is adding to cost here is the fact that [6:15:46] the chief is having to go to all these [6:15:48] meetings and talk through, you know, [6:15:50] amendments and very hyper technical [6:15:52] details on what is ultimately an [6:15:53] advisory resolution that is not binding [6:15:56] on her or her budget or anything like [6:15:57] that. So I do I do think when we think [6:16:00] about the road map and the efficiencies [6:16:01] and so forth to a certain extent we can [6:16:04] kind of take this for what it's worth [6:16:06] right which is the community wants [6:16:08] increased traffic enforcement and the [6:16:11] methods and means by which the community [6:16:13] we should achieve that is within the [6:16:16] discretion of the chief and the chief's [6:16:18] budget. [6:16:22] Okay, anyone else? [6:16:26] All right, then that concludes our [6:16:28] meeting. Thank you very much again. [6:16:37] Recording stopped.