HomeMy WebLinkAbout2008-09-10-PB-min
PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 10, 2008
A regular meeting of the Lexington Planning Board in the Selectmen’s Meeting Room, Town Office
Building was called to order at 7:35 p.m. by Chairman Hornig with members Manz, Galaitsis and Zurlo
and planning staff McCall-Taylor, Henry, McVay and Kaufman present. Mr. Canale joined the meeting
in progress.
***************************SUBDIVISION ADMINISTRATION **************************
88-110 Shade Street, Release of Lots: Mr. Todd Cataldo, the applicant had requested the release of Lot 6,
from the Surety Covenant for the installation of the internal drive, municipal services and private utilities
serving the southern cluster within the approved cluster subdivision at 88-110 Shade Street.
On a motion duly made and seconded, it was voted, 4-0, to release Lot 6, also known as Lot 470, from the
Surety Covenant for the installation of the internal drive and utilities serving said lot within the approved
cluster subdivision at 88 – 110 Shade Street.
Grandview Avenue, Tri-Partite Agreement Reduction in Surety: Mr. David Burns, the developer of the
Grandview Subdivision, requested a reduction in surety for the installation of the granite curbing work
completed.
On a motion duly made and seconded, it was voted, 4-0, to approve the reduction of $45,224 from the
Tri-Partite Agreement for the installation of the granite curbing.
*********************************** MINUTES****************************************
Review of Minutes: The Board reviewed and corrected the minutes for the August 13, 2008. On a motion
duly made and seconded, it was voted, 4-0, to approve the minutes as amended.
Mr. Canale joined the meeting at 7:40 p.m.
***********************PLANNING BOARD ORGANIZATION, SCHEDULE*****************
Next Monday, September 15 the Board will meet with the Board of Selectmen regarding Hartwell
Avenue issues and the presentation of the Economic Development Task Force (EDTF) report. There will
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Minutes for the Meeting of September 10, 2008
be a community meeting on Saturday, October 4 from 9:00 a.m.-12:00 p.m. at Cary Library sponsored by
Vision 2020 to present the EDTF report.
******************************* BOARD MEMBER REPORTS****************************
Mr. Zurlo said he attended the first meeting of the Economic Development Advisory Committee (EDAC)
and it was off to a good start. The charge was still open and they were identifying the areas to focus on
such as the Beal Company’s project and the rezoning of Hartwell Avenue. The EDAC would like to
receive feedback from the Planning Board on these projects. The Economic Development Task Force got
general acceptance by the 2020 Vision Executive Committee of the final report. EDAC member
appointments and liaisons consist of the following: two members of the Board of Selectmen (George
Burnell and Peter Kelley); Mollie Garberg; Greg Zurlo; Rick DeAngelis; John McWeeney; Joe Zink;
Sheryl Mahoney; Jerry Michelson; Susan Yanofsky; and Carl Valente.
Mr. Galaitsis attended the Energy Conservation meeting where they discussed the HVAC system at the
high school and were awaiting recommendations from the consultant.
Mr. Canale attended a webinar on the Scenic Byway Corridor Management Plan. They should have a
contract with the state soon to do a plan, with MAPC doing the bulk of the work.
****************************** DEVELOPMENT REGULATIONS*************************
Mr. Hornig opened the public hearing at 7:45 p.m. There was one person in the audience. Mr. Henry
explained that the changes were needed because of the passage of the special permit residential
development bylaw. Some of the significant changes were a site analysis map would be needed with
every filing and sketch plans would now be a two part process with abutter notification.
Mr. Galaitsis said the size of the trees should be shown and it would be nice to show the drip edge. Mr.
Zurlo said it would be reasonable to have the tree type with the drip edge identified. Ms. Manz said there
would not be a need for this detail in areas that were not viable for building and when the limit of work
area was determined they could require canopies. Mr. Henry said that Google Earth shows leafed out
trees. Mr. Hornig said there would be no need to highlight individual trees at the sketch level, but they
should be required to show the wooded areas at the preliminary stage, but not every tree would be
necessary.
Mr. Canale asked what the Board was asking for full canopies and drip lines, or specimen trees that were
Minutes for the Meeting of September 10, 2008 Page 3
of interest? Ms. Manz asked where the measurements came from. Mr. Henry said the slope and tree
measurements were from the LEEDS standards. Ms. McCall-Taylor said the changes also correspond
with the Tree Bylaws. Mr. Henry suggested to the Board they move forward with the changes as proposed
and revisit them during the next 12 months. The results of soil conservation surveys taken should be on
the site analysis.
Mr. Joe Marino from the audience requested that the Board not require the developers to go up hills and
in wetlands to measure trees. Mr. Hornig said that staff could give waivers in the areas that would be no-
build areas. The job of the Board was to protect future residents and the abutters.
Mr. Galaitsis said if a parcel had an existing structure restricted by another Board that should be reflected
in the proof plan and a reduced number of new structures would be allowed on that site. Ms. Manz said
this would just encourage developers to apply for demolition permits initially and then, if denied, wait the
required year before tearing down the historic structures.
Mr. Canale said the wording was good and suggested that the issues Mr. Galaitsis raised could more
appropriately be addressed elsewhere. Mr. Zurlo asked what the purpose of the proof plan was. Does the
proof plan reflect a doable conventional subdivision? Mr. Hornig said the changes being made would
create a more realistic plan, so he was not sure what the objections were. Mr. Marino asked when would
the public information sessions take place. Mr. Hornig said that with the new changes 30 days would not
be adequate time for sketch plan decisions and 45 days seemed to be a more appropriate time frame.
Mr. Hornig said the number of copies should now require a computer medium that contained the full
application as a pdf.
The Board returned to the tree discussion. The areas where there would be no development would not be
required to show trees. When depicting the tree canopies on the plan, would it be the existing or at the
maximum for the particular species? Mr. Canale said by the time of the next revision there would be
aerials available that could provide adequate details and it was better not to worry about this detail at this
time. Mr. Hornig asked if the board wanted canopies on the site analysis map. Mr. Galaitsis said the next
possible step would be to consider having the landscape plan show the tree dimensions.
Mr. Hornig closed the public hearing at 9:17 p.m.
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Minutes for the Meeting of September 10, 2008
On a motion duly made and seconded, it was voted, 5-0, to accept the new changes and modify the
Development Regulations as proposed.
**********************************TRAFFIC CALMING****** **************************
Ms. McVay presented a potential plan for traffic calming, which had been presented to the Traffic
Mitigation Group, Transportation Safety Advisory Committee, Engineering, Fire Department and the
Police Department. The policy sets up a procedure for reviewing requests for traffic calming and
enforcement throughout Lexington.
Mr. Canale said Ms. McVay did an amazing job and this could be used as an interim policy and he
recommended it be adopted. The items it did not address were as follows:
??
The transportation challenge of the next 5-10 years;
??
The transformation of how Lexington sees traffic;
??
Making transportation systems more friendly to pedestrians, bikers and drivers inside Lexington;
??
The arterials and the mobility of people.
Mr. Canale made a motion to endorse the traffic calming policy as town policy with the recommendation
that more work be done to ensure Lexington Roads be as user friendly as possible.
Mr. Zurlo asked to provide equal petition status to both residential and businesses property owners and
the other members agreed. He also pointed out that there was not a provision for design review of the
aesthetic nature of these mitigations.
On a motion duly made and seconded, it was voted, 5-0, to endorse the traffic calming policy as town
policy with the recommendation that more work be done to ensure Lexington roads be as user friendly as
possible.
***************************HARTWELL AVENUE STUDY AREA*************************
Betterments Discussion for Board of Selectmen Meeting:
Mr. Hornig said betterments could be a source of funds for infrastructure improvements on Hartwell
Avenue. Other sources include state grants, direct funding by the town, and mitigation fees for
infrastructures improvements as part of the development approval.
Mr. Canale said to see how the frontage area breaks down on Hartwell Avenue. There must be a legal
Minutes for the Meeting of September 10, 2008 Page 5
basis for what ever we do so he advocated keeping the FAR at .15 and using a predetermined formula,
whether tied to the special permit or site plan review. The burden should fall on those getting the density
bonuses rather than the residents.
Ms. Manz said we don’t have to make a decision now and could use mitigation fees and betterments
together. While roadway improvements would benefit all the properties in the area. They could consider
adding a tier for developers who choose to expand. Mr. Henry said under State law only 50% of the
sidewalks and bike paths could be assessed to betterments.
Mr. Galaitsis asked who instituted betterments. The town cannot expect help from the State so should
look at betterments. The town should make some contribution as an incentive and the property owners
could sell at a higher value even if not redeveloped. Mr. Canale said the concept of what the Cecil report,
Buzz Constable and the Smart Growth toolbox recommended was infrastructure costs should be imposed
on those who benefit. Additional transportation demand management should be placed on those who
choose to expand.
Mr. Hornig said the use of impact fees legally was a gray area and betterments were clearly legal. To date
he was not aware of a good template presented for impact fees. Mr. Zurlo said he was uncomfortable
featuring betterments in the first public discussion of commercial development. Mr. Hornig said the
Board would be taking it to the Board of Selectmen as a possible tool for funding improvements. Mr.
Canale said it would be imprudent not to explore the option further. Ms. Manz favored the use of
betterment assessments on all those in a discreet area like Hartwell Avenue who benefit from
improvements, in combination with mitigation contributions from those individual parcels which chose to
expand. Ms. McCall-Taylor said she would put together a packet of financing options.
Mr. Zurlo said the Board needs time to discuss questions for the breakout session on October 4.
There will be a meeting October 1, 2008.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:55 p.m.
Wendy Manz, Clerk