March 28, 2023

“VOTED: to revise and amend the ballot questions proposed in a memorandum, dated March 20, 2023 so that the missing word, "taxes," is included in proposed question 2B. Therefore, the amended ballot is as follows: Proposed ballot. Questions 1 through 3 are separate questions. You may vote for or against each question independently. Each question requires a majority of those voting on that question to pass. Question 1. Shall the Town of Brookline be allowed to exempt from the provisions of proposition two and one-half, so-called, the amounts required to pay for the bonds issued in order to pay costs of constructing a new PreK-8 School which includes renovations/addition to the existing historic Pierce School and other site improvements including reconstruction and repair of the Town Hall and Pierce School garages which are beneath the new school and the Town Park across School Street, including the payment of all costs related to designing the new school project, equipping and furnishing the school, site improvements, and all other costs incidental and related thereto? Yes _____ No _____ Questions 2A and 2B are separate questions. You may vote for or against each question independently. Each question requires a majority of those voting on that question to pass. If both Questions 2A and 2B pass, the question with the highest dollar amount will prevail over the other. Question 2A. Shall the Town of Brookline be allowed to assess an additional $11,983,367 in real estate and personal property taxes for the purposes of funding the costs of Brookline Public Schools ($6,988,367) and funding the costs of additional expenditures in municipal departments ($4,995,000) for the fiscal year beginning July 1, 2023? Yes _____ No _____ Question 2B. Shall the Town of Brookline be allowed to assess an additional $13,833,367 in real estate and personal property taxes for the purposes of funding the costs of Brookline Public Schools ($6,988,367), funding the costs of additional expenditures in municipal departments ($4,995,000), and funding the costs of a municipal composting collection service ($1,850,000) for the fiscal year beginning July 1, 2023? Yes _____ No _____ Question 3. Shall the Town of Brookline adopt the following changes to the Town's General Bylaws that would limit the number of Storefront Marijuana Retailer licenses to no more than four, consistent with Warrant Article 15 of the November 2022 Special Town Meeting? TOWN COUNSEL SUMMARY: If passed, this local ballot question would limit the number of storefront marijuana retailer licenses in the Town to four or less. The November 2022 Special Town Meeting passed this proposed bylaw as Warrant Article 15. State law requires that the Town of Brookline voters decide whether to adopt this bylaw change. General Laws, c. 94G, § 3(e). The license cap will stay unchanged for all other license types. These other license types include marijuana delivery operators, social consumption retailers, and marijuana couriers. The present license cap for each license type equals 20% of the number of liquor licenses for off-premises alcohol consumption that the Select Board has issued. Today, the cap is five. A "yes" vote on this question would limit the number of storefront marijuana retailer licenses in the Town to four or less. A "no" vote would make no changes to the number of storefront marijuana retailer licenses in the Town. TEXT OF THE BYLAW: Section 8.37.4 Caps on the Number Select Board Licenses for Marijuana Retailers The Select Board shall not issue more Marijuana Establishment licenses in each of the following categories of Marijuana Establishment licenses than the number that is 20% of the number of liquor licenses for off-premises alcohol consumption that have been issued by the Select Board pursuant to M.G.L. c. 138, §15, as rounded up to the nearest whole number in the event the number is a fraction: a) Marijuana Delivery Operators, b) Social Consumption Retailers, and c) Marijuana Couriers. The Select Board shall not issue more than four Storefront Marijuana Retailer licenses. Yes _____ No _____.”

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“Question of accepting various sponsorships in the amount of $2,700.00 from the Brookline Asian American Family Network and the Office of Diversity, Inclusion and Community Relations to be used towards Awards and Supplies for BAAFN's 8th Annual Award Ceremony of the Asian American Student Essay Contest to be held on the Town's Inaugural AAPI Heritage Day, May 20, 2023. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of awarding contract PW/23-07 "Courts, Boardwalk and Stairs Reconstruction" with NELM Corp. Construction on the amount of $594,340.00 for work at the Baker School Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving Extra Work Order No.1 with contract PW/23-01 "School Grounds Maintenance" in the amount of $20,000.00 Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving Extra Work Order Number 2 with contract PW/21-10 "Temporary Seasonal Refrigeration" at Jack Kirrane Ice Rink in the amount of $5,300.00. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving Contract No. PW/23-17 "Greenough Street and Davis Ave Improvements" with Richard D'Ambrosia, Inc., in the amount of $154,270.00. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving a contract amendment #1 with Weston & Sampson in the amount of $15,000.00 for the Cypress Street Playground Project. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving Change Order #24 with Gilbane Building Company in the amount of $99,628.00 for various scope additions and deletions to the Michael Driscoll School Project. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of awarding and executing contract PW/23-19 "Accessible Pedestrian Signal Improvements Phase 2" with MassBay Electrical Corp in in amount of $137,130.00. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving the following appropriation transfer within the Planning and Community Development Dept in the amount of 5,000 for mailing envelopes.: From: 17201730 510101 Economic Development & Long-Term Planning Salaries $5,000 To: 17201720 531012 Planning Office Supplies $5,000 Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving a Temporary All Alcohol Beverages Sales License to Karen Hasenfus d/b/a The Larz Anderson Auto Museum for White Lightening Ball to be held on April 1, 2023 from 6:00PM - 11:00PM at 15 Newton Street. 150 people expected to attend. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“3. Carl Ship (Brookline High School) to be held on Saturday, May 6, 2023 for 50th Class of 1970 Reunion 3:00PM - 6:00PM at Brookline High School. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“Question of approving a Temporary Wine and Malt Beverages Sales License to Brookline Interactive Group B.I.G for Nonprofit Fundraiser to be held on April 1, 2023 from 5:00PM - 8:00PM at 46 Tappan Street. 150 people expected to attend. Approved Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“On motion it was, Voted to approve a recommendation by the Housing Advisory Board for a final commitment of up to $6.525 million to the Brookline Housing Authority for the proposed 115-unit affordable housing project at 32 Marion Street. Half of this commitment shall be fulfilled through funds previously received from Welltower, Inc., while the remaining commitment shall be made from uncommitted funds available through the Brookline Affordable Housing Trust. Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“On motion it was, Voted that the Chair be authorized to sign and send the letter to the DHCD as amended: Deputy Director Kluchman, The Town of Brookline's Select Board respectfully requests clarifications and adjustments to the MBTA-CA Guidelines and related compliance model to enable communities, like Brookline, with high density around rapid transit, to comply more effectively with Chapter 40A, §3A, the MBTA Communities Act ("Section 3A"). We understand that our staff has had productive conversations with you and your staff about most of these items. The Select Board encourages the continuation of these conversations and by this letter offers additional context for your consideration. We look forward to working together with other communities and your administration in making the Guidelines an effective policy that will result in easier permitting for multifamily developments in eastern Massachusetts, especially the production of more housing that is affordable for families. Clarifications 1. Ground Floor Retail Requirements. DHCD's reasoning behind its prohibition of retail mandates, as we understand it, is based on an interpretation of the relationship between the definitions of "multi-family housing" and "mixed use development" in Section 1 of Chapter 40A (definitions) and the use of the term "multi-family housing" in Section 3A. Because the purpose of Section 3A is to allow by-right permitting for "multi-family housing," DHCD has determined that a zoning district that requires retail on the ground floor of multi-family housing (and therefore a "multi-family"/ "mixed-use development"), is not allowed by Section 3A. We do not believe that Section 3A is properly interpreted in that way. Precluding such "multi-family housing/ mixed-use developments" in areas that are within ½ mile of an MBTA transit line in densely built up municipalities, such as Brookline, would have the perverse effect of undermining the economic viability of key commercial corridors of such municipalities. 2. Existing Building Bonuses & Demolition Special Permits. DHCD has verbally stated in workshops that adding unit bonuses for existing buildings could not be included in compliant zoning districts since the "reasonable size" of a MBTA-CA district is not based on actual building production, but rather acreage and a theoretical minimum unit yield - even in Local Historic Districts. The policy developed follows the rule that a compliant district would need to treat every property the same, "as if any individual parcel is not developed." Our Zoning By-Law requires special permits for demolition of buildings under some conditions. We believe a special permit for some demolitions could remain in place under DHCD's Guidelines and compliance model, since the standard for zoning compliance assumes the parcel is not developed. Would you please confirm whether you agree with this interpretation. 3. Historic Districts. Would you please confirm that it would be possible for a zoning bylaw to remain in compliance with Section 3A even if a Local Historic District is then created as a general bylaw under Section 40C, with Local Historic District guidelines that only permit a building form that looks like a single, two-, or three-family building typology. 4. Unit Sizes. One of our concerns about creating multi-family zoning by-right is that developers may on smaller lots choose to only build three very large (more than 2,000 square feet) units. Through the Guidelines and individual conversations with DHCD staff, we understand that we would not be permitted to include minimum or maximum unit sizes or even average unit sizes. We believe that there is a reasonable threshold between permitting family housing and allowing developers to take advantage of the as-of-right permitting to build extremely large luxury units on smaller lots. The Guidelines define multifamily as three or more units on a parcel. Would you please clarify whether we could have the by-right zoning only apply to proposed buildings that have a minimum unit number of at least 4 or 5 units? Requests a. We are formally requesting that DHCD consider phasing compliance over the next couple years regarding the minimum multi-family unit capacity. For example, the Guidelines could add another interim compliance step such that by December 2024 rapid transit communities must have zoning district(s) in place that have a theoretical yield of two-thirds of the multi-family unit capacity, and then by December 2026 have zoning district(s) in place that accommodate the complete minimum unit capacity. Our staff is diligently working with the community to present potential solutions in this short time frame. DHCD still has not fully defined compliance standards (e.g., inclusionary zoning). This delay combined with more than 260 elected officials governing our zoning bylaw, and a filing deadline of early September for Fall Town Meeting, we are extremely concerned that we may not be able to be in full compliance by the end of December. Rather than risk non-compliance from the first round of rapid transit communities, we are asking DHCD to consider a phased in compliance over a couple years. b. We are also requesting that the requirement that a majority of the zoning district(s) must be contiguous be removed, and that the minimum zoning district area be lowered from 5 acres to 2 acres. This would provide municipalities more flexibility to choose which areas are most appropriate to the development of multifamily housing and would most likely result in such development. c. Change the guidelines to explicitly state that DHCD clearly has the flexibility to issue a waiver from one or more of the guidelines, especially as communities continue to work with the state in attempting to comply with the guidelines, but may encounter issues shared by multiple communities trying to comply. d. Given that we only have until the end of August to submit a zoning warrant article for Town Meeting's consideration, immediately define an extremely simple process for communities to demonstrate that inclusionary requirements or parking requirements are conducive to financially feasible multifamily developments. Communities where developers are actively including these features already in multi-family developments should not need to spend more time or money on these details, especially in the first couple of years of compliance. The fact that these hurdles are still unknown will lead communities in the short term to comply in name only with very little change in current zoning. The Town of Brookline expects that the MBTA Communities Act and the related Guidelines will evolve over time, just as other housing incentives and standards such as 40B and 40R. We are asking that DHCD work with rapid transit communities for a successful first deadline hurdle. Some small adjustments will lead many communities like Brookline to be able to not only meet the minimum standard of the law, but also use the law as an incentive to update and improve our existing zoning in a meaningful manner and facilitate, among other results, housing production and increased housing affordability..”

Read it in the official minutes, page 7 (PDF)

“On motion it was, Voted to approve Susan Cherry to be appointed as a temporary Registrar for the May 2, 2023 Annual Town Election as presented by the Town Clerk and Registrar of Voters. Aye: Bernard Greene, John VanScoyoc, Miriam Aschkenasy, Michael Sandman.”

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“On motion it was, Voted: To call a Special Town Meeting on Tuesday, May 23, 2023, at 7:30 p.m. at the High School Auditorium; to waive the requirements of Sections 2.1.2 through 2.1.4 of the Town's By-Laws; to open and close the Warrant; and to insert in the said Warrant the following article: ARTICLE 1 To see if the Town will amend: 1) General Bylaw 6.6 as follows (language to be added appearing in bold and underline): ARTICLE 6.6.”

Read it in the official minutes, page 12 (PDF)