2004-05-12-PB-min - Laserfiche WebLink

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PLANNING BOARD MINUTES MEETING OF MAY 12, 2004 The meeting of the Lexington Planning Board held in Room 227, Clarke Middle School was called to order at 7:00 p.m. by Chairman Harden with members Davies, Galaitsis, Kastorf, Manz and planning staff I Garber, McCall - Taylor, and Tap present. Mr. Peter Norstrand of DCAM and Ms. Judy Uhrig, Lexington Board of Appeals Chairman, were also there. MINUTES Review of Minutes The Board agreed to postpone voting on the minutes listed on the agenda to a future meeting. REGIONAL, INTERTOWN ISSUES Middlesex Hos ital: Ms. McCall - Taylor distributed a notice from the City of Waltham of a hearing on a revision to the special permit for the redevelopment of the Waltham parcel of Middlesex Hospital. The revision would allow for emergency -only access through the site, between Waltham and Lexington. ARTICLES FOR 2004 TOWN MEETING Article 13 Rezone Met State Hospital site AValgOa : Mr. Garber reported that the Amended Land Disposition Agreement by and between the Commonwealth, via DCAM, and AvalonBay Communities, Inc., (dated December 3, 2003, as affected by letter agreements dated December 3, 2003, January 9, 2004 and January 13, 2004 (collectively the "LDA ") and signed by both_ parties,) now also memorializes certain agreements with the Town of Lexington with respect to the LDA Amendment, as described in a letter to the Town from DCAM and AvalonBay, dated May 12, 2004, and signed by all parties. The agreement sets out an escrow agreement with respect to the Education Trust Fund, defined in Exhibit A of the LDA Agreement, dated May 12, 2004. Mr. Kastorf commented that in his presentation of the Board's recommendation on Article 13 at Town Meeting tonight, he would describe the restoration of Kline Hall as a benefit of AvalonBay's redevelopment proposal instead of as a mitigation. The other members agreed with this. Anticipating potential negative statements and actions by some individuals at Town Meeting to derail or prolong debate on AvalonBay's proposal, the Board agreed that they would stand by their position that any risks of the project are balanced by benefits to the Town and acknowledged that continuing the debate at any additional Town Meeting sessions would just be a gamble. And if the project is defeated, local control of what happens on the site would be lost, as the state is exempt from zoning. Mr. Norstrand confirmed this. Town Counsel Ryan Pace joined the meeting for a discussion of where the line is between legal requirements of zoning and illegal exactions from a developer. On a motion duly made and seconded, the Board voted unanimously to adjourn at 7:50 p.m. O CIerk John L. Davies,