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PLANNING BOARD MINUTES
MEETING OF JUNE 12, 2013
A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room,
Town Office Building was called to order at 7:32 p.m. by Chairman Richard Canale with
members Charles Hornig, Michelle Ciccolo, Nancy Corcoran-Ronchetti, and Greg Zurlo and
planning staff Maryann McCall-Taylor, Aaron Henry and Lori Kaufman present.
***************************SPECIAL TOWN MEETING **************************
PUBLIC HEARING
Article 4, Medical Marijuana Treatment Center (MMTC) Moratorium:
Mr. Canale called the public hearing to order at 7:32 p.m. There were 3 people in the audience.
Ms. McCall-Taylor explained that this was a proposed temporary moratorium on the MMTC and
would be in effect no later than July 31, 2014. This would allow sufficient time for the Town to
engage in a planning process and create a comprehensive approach, which would include suitable
local regulations, licensing process and fees.
The Article would be placed on the Warrant for the Annual Town 2014 by the Planning Board
and a public hearing held for public comment before the Town Meeting discussion.
Board Concerns and Comments:
If there was to be a Special Town Meeting in late fall was there any reason it could not be
completed by then? That would be a very short time to do a public hearing since the
summer was not a good time for heavy discussions.
This process should be moved along aggressively and not held up until spring.
There would need to be feedback from committees on the location of the dispensary and
production of the products.
There would not be any harm in waiting the year to get it right and not rush this.
Audience Concerns and Comments:
In favor of a moratorium to learn more about the second hand effects and understand all
the implications.
Do not rush this through Fall Special Town Meeting.
Page 2 Minutes for the Meeting of June 12, 2013
On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 7:56 p.m.
On a motion duly made and seconded, it was voted, 4-1, (Mr. Hornig opposed) to recommend a
favorable action on Article 4, Medical Marijuana Treatment Center Moratorium.
************************DEVELOPMENT ADMINISTRATION*********************
495 Lowell Street, sketch plan:
Present was Todd Cataldo, applicant, Rick Waite, engineer, and Jeff Thoma, landscape architect
with approximately eight people in the audience. Mr. Waite explained the proof plan showed a
two lot conventional subdivision with a cul-de-sac and 40 foot right of way that could be done by
right. The applicant was proposing a balanced housing development or a public benefit
development. The balanced housing development being proposed would have four smaller units
and the public benefit development would have five buildings one with two units, which would
include an affordable unit.
Board Concerns and Comments:
Try to arrange the balanced housing development frontage another way. Mr. Cataldo
responded that it would be just like the rest of Lowell Street and any other configuration
would remove more trees.
Would like to see a more diverse housing stock, but in this case a conventional plan
would be more desirable.
This would have an impact on Lowell Street.
This would be too dense an arrangement.
There would be no need to build a cul-de-sac for a conventional plan there would be
adequate frontage on Lowell Street.
Supportive of the plans presented after walking the site and this would be the right
location for the houses on this site.
Consider treatment of the whole site there was a lot of trash and invasive species that
would need to be removed. Mr. Cataldo said that healthy trees would be identified and
dead and unhealthy vegetation including invasive vines, brush and plants would be
removed.
Consider more attached units. Mr. Cataldo said that would be a hard sell and a turn off
for a lot of buyers.
Minutes for the Meeting of June 12, 2013 Page 3
The location would be on a busy section of Lowell Street and good sight lines would
require grading.
The smaller units would be preferred creating a diversified housing stock.
The conventional plan would require too much tree removal.
If the applicant goes with a conventional plan the process with the Planning Board would
stop. With the other plans the Board could have some oversight on the proposed project
and possibly require some sidewalks to address some of the safety issues on Lowell
Street.
Want to hear from the abutters.
Audience Concerns and Comments:
There were wetland concerns and a whole lake was in the back of the property at times.
Increased traffic and overburdening the schools with too many children would be a
problem.
The applicant did not speak with the neighbors in the back.
There was concern about safety on Lowell Street and a sidewalk half way would not
address the existing safety issues.
It was already hard to get out of Fulton Road and East Street and adding to the traffic
flow would make it more difficult. Six units would increase the traffic by one percent.
How about three houses? It would not work out financially.
Leaving the tree line as proposed would be preferred and this project would be
acceptable.
No Problem with four units, but leave the trees between the properties.
Get wetland issues defined early.
Two 7,000 square foot homes would not fit in this location.
Keeping houses closer to the street to save trees was a good idea.
Board Comments and Concerns:
The development closes itself off to the community, change the model and make it less
unified looking. Mr. Cataldo explained that these would not be cookie cutter homes, it
would be similar to the East Street plans. Adjustments could be made to the proposed
development to look more like houses on the street and not a gated community.
After listening to the abutters/neighbors the preference would be for the balanced housing
Page 4 Minutes for the Meeting of June 12, 2013
development to protect the trees and a conventional plan would not be desirable at this
site.
Residents that have concerns about traffic issues should discuss them with the
Engineering Department to consider if there could be appropriate traffic calming methods
that would help.
The next plan should be a preliminary plan for the balanced housing development with
four units.
Mr. Cataldo should reach out to the Cooke Road residents.
***************************SPECIAL TOWN MEETING **************************
Article 2, UniQure TIF:
The Board of Selectmen released items to the public so there would be no reason to meet in
executive session.
Deb Mauger, chair of the Board of Selectmen (BOS) said the Town Manager submitted two
documents regarding the TIF agreement and the BOS voted, 5-0, in support of the article to
Special Town Meeting. The BOS assume the agreement would be signed tomorrow.
The EDAC had discussed this proposal and unanimously supported this TIF now that all the
particulars have been made available. Work on guidelines for future TIFs would need to be done,
but the EDAC would support this TIF on Hartwell Avenue at this time.
Board Comments and Questions:
Was there an agreement on a claw back provision? It was still under negotiations. This
proposal should be backed up by sponsors with deeper pockets.
The agreement should all be locked up by tomorrow evening’s TMMA meeting.
TIFs should be a tool used for extra ordinary situations, which this was not. It would be
unfair to existing tenants that did not have TIFs on Hartwell Avenue. Lexington has an
attractive location and Hartwell Avenue will fill up without offering TIFs and Town
Meeting should not support this TIF.
The TIF was a tool at the Town’s disposal and should be used to fill those vacancies on
Hartwell Avenue. This would be a good opportunity for Lexington and it would be
appropriate to recommend approval to Town Meeting.
Minutes for the Meeting of June 12, 2013 Page 5
The Town should jump over hoops to encourage UniQure at this point. TIFs in general
work against the goal of the Board on Hartwell Avenue to take away the uncertainty and
create a more transparent process. Lexington should welcome UniQure but not encourage
games. This would be the wrong message at the wrong time and there are other options
Lexington could consider to encourage UniQure to locate here.
The goal should be to try to level the playing field and negotiate in a transparent way. If
there was a claw back provision there would be more comfort recommending support to
Town Meeting for this proposed TIF.
This would be the first marble in the tube and the Town should not wait for a policy first
while there was a viable company wanting to locate here.
This was not a game, but a state program, which was real and substantive. It would be
nice to have a policy in place to use as a guideline for the future.
It would be a great benefit to Lexington to participate with state programs, which could
improve the Town’s relationship with EDO at the state level.
The Board should wait to see the TIF plan before the vote. The Board will vote at the
meeting on June 17.
******************************BOARD REPORTS*******************************
Mr. Zurlo said the Center Committee is going to discuss banks in the Center, how to incentivize
other uses and make the Center more vibrant.
Mr. Canale went to a Health in Communities meeting. A survey was done and the number one
health concern was traffic and public safety and number two community engagement. It would be
beneficial for Lexington to be healthier community to be in a better position to qualify for state
monies that could become available.
Tomorrow night is a presentation on the digester.
The presenters for the Special Town Meeting on the TIF and the Moratorium on Medical
Marijuana Treatment Center would be Mr. Zurlo for one article and Ms. Ciccolo for the other.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:10 p.m.
Page 6 Minutes for the Meeting of June 12, 2013
The meeting was recorded by Lexmedia.
The following documents used at the meeting can be found on file with the Planning Department:
Memorandum from staff, dated June 12, 2013 on 495 Lowell Street (9 pages).
Application for 495 Lowell Street sketch plan, dated May 24, 2013 (9 pages).
Proposed sketch plan on 495 Lowell Street, dated May 24, 2013 (5 pages).
Michelle Ciccolo, Clerk