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PLANNING BOARD MINUTES
MEETING OF FEBRUARY 13, 2013
A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room,
Town Office Building was called to order at 7:37 p.m. by Chairman Richard Canale with
members Charles Hornig, Michelle Ciccolo, and Wendy Manz and planning staff Maryann
McCall-Taylor, Aaron Henry, and Lori Kaufman present. Greg Zurlo was absent.
****************************ZONING BYLAW REWRITE*************************
PUBLIC HEARING
Zoning Bylaw Rewrite:
Mr. Canale called the public hearing to order at 7:38 p.m. There were 15 people in the audience.
Mr. Canale read the public notice and explained the reasons for the proposed changes. The draft
Zoning Bylaw dated December 19, 2012, was used with a summary of changes for the public
hearing. There were 34 changes that were made to provide clarity and consistency, resolve
irregularities with State and Case Law, and improve readability.
Mr. Hornig explained that the Zoning Bylaw was reorganized and simplified and then went
through the ten sections, their changes, and why they needed to be made. Some of the changes
included the following:
Definitions were moved to section ten;
The removal of the special permit requirement for Conventional Subdivisions of two or
more lots;
Eight RM zones are being rezoned to either RS or RO Zones;
The removal of date-based criteria for the treatment of pre-existing nonconforming lots;
and
Section Eight was totally rewritten regarding non-conforming lots with some substantive
changes but offers more flexibility.
Mr. Bobrowski was present and gave a summary of major legal reasons for the changes that
needed to be made to the Lexington Zoning Bylaws to remain compliant with State and Case
Law, but carry on in the spirit of practices used in Lexington.
Page 2 Minutes for the Meeting of February 13, 2013
Mr. Canale said that if anyone wanted to make a comment after tonight they should email staff by
the middle of next week.
Audience Comments and Questions:
There was an objection to the removal of the Wetlands Protection District (WPD). This
should be a separate Article for a future Town Meeting. The WPD was a more powerful
tool then the Wetlands Protection Act (WPA). The concern was that a future owner may
want to farm the land and the WPA would not be able to prevent the future owner from
filling in the land and then at another future date request a change of use for the property.
The WPD prevents filling or excavating of the land even for farming. Mr. Bobrowski
explained that the WPD does not allow any uses by the property owner except by special
permit, which would run the risk of creating issues with the SCIT Doctrine (no by-right
uses).
Does the multiuse exclusion prohibit in-law apartments? Accessory apartments would be
allowed without a special permit.
More clarification was requested on the meaning of more detrimental on non-conforming
uses and structures. Mr. Bobrowski explained that the Zoning Board of Appeals should
review the special permit criteria and case law for determinations.
On a motion duly made, and seconded, it was voted, 4-0, to close the public hearing at 8:36 p.m.
***********************************MINUTES*********************************
On a motion duly made and seconded, it was voted, 4-0, to accept the minutes of January 9, 2013,
as submitted.
************************DEVELOPMENT ADMINISTRATION********************
Development Regulations:
The Board did not have enough time to review the Development Regulations and will discuss it
on February 27, 2013 allowing the Board time to review the draft document.
*************************PLANNING BOARD SCHEDULE************************
The Planning Board will meet on February 27 and March 13, 2013. The Board will have a redline
version of the Zoning Bylaw in time for the February 27, 2013 meeting.
Minutes for the Meeting of February 13, 2013 Page 3
The Board needs to make sure that the Conservation Commission was in agreement with the
proposed changes to remove the Wetland Protection Districts. Maryann McCall-Taylor said she
would be attending the Conservation Commission meeting on February 26 to discuss this matter
further.
*******************************STAFF REPORTS*******************************
At the DRT meeting the Fire Department expressed concerns about the road approved at Keeler
Farm since the fire truck was unable to make the turn in the turnaround. The Fire Department
would like to meet with the Board to discuss how fires are fought.
Town Counsel may join the Board at the February 27 meeting to give a status report on
Rangeway.
*******************************BOARD REPORTS*******************************
The Board congratulated Mr. Henry on his promotion to Assistant Planning Director. Mr. Canale
reminded the Board about the upcoming League of Women’s Voters conversation about climate
control on February 26, 2013 at 7:00 p.m. The 20/20 Vision survey is ongoing and invited
Lexington residents to take the survey on line and printed versions were also available.
Ms. McCall-Taylor reported that the Complete Streets discussion had a good turnout.
Mr. Canale gave an update on the 25% design public hearing held by MassDOT for the proposed
Route 2 over I-95 bridge replacement project in Lexington
On a motion duly made and seconded, it was voted to adjourn the meeting at 9:16 p.m.
The meeting was recorded by Lexmedia.
The following documents used at the meeting can be found on file with the Planning Department:
Draft Zoning Bylaws, dated December 19, 2012. (101 pages)
Summary of Changes to December 19, 2012 Draft. (2 pages)
Page 4 Minutes for the Meeting of February 13, 2013
Overview of proposed Zoning Recodification. (2 pages)
Development Regulations pages 1-35 and 115 – 164. (85 pages)
Michelle Ciccolo, Clerk