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HomeMy WebLinkAbout2014-03-24-PB-min PLANNING BOARD MINUTES MEETING OF MARCH 24, 2014 A regular meeting of the Lexington Planning Board, held in the Parker Room, was called to order at 6:00 p.m. by Chairman Charles Hornig, with members Richard Canale, Greg Zurlo, Nancy Corcoran-Ronchetti, and Timothy Dunn and planning staff Maryann McCall-Taylor, Aaron Henry, and Lori Kaufman present. Mr. Hornig announced in the interest of transparency that Mr. Zurlo does not currently reside in the Town of Lexington, but would return as soon as possible and intended to continue to serve as a member of the Planning Board. Mr. Hornig said that an Open Meeting Law complaint was filed regarding the meeting of March 12, 2014, which was reviewed by Town Counsel and determined that no violation was made to the Open Meeting Law. ************************DEVELOPMENT REGUALTIONS ************************ PUBLIC HEARING Proposed Subdivision Regulations rewrite: Mr. Hornig called the public hearing to order at 6:02 p.m. There were 15 people in the audience. Mr. Mark Bobrowski gave a brief overview of the development regulation changes and was present to answer any questions. The Board received written comments from Fred Russell, Joe Marino, and Frank Sandy. Public Comments:  How would the information for the subdivision regulations for chapter 175 be incorporated with the remainder of section 175 not included in this draft? The regulations would be renumbered and would work with the existing regulations during the transition.  Did the definition on dead end streets change? No, it would be addressed in the regulations and would remain the same. Page 2 Minutes for the Meeting of March 24, 2014  Why were the grade requirements of roadways changed from 8% to 5%? The AAB regulates the grade of streets and paths and was set at 5%, but there could be flexibility if a waiver was approved by the AAB.  How would the Board deal with the proof plan?  Would this apply to driveways? Staff was looking for clarity from the AAB and would then try to figure it out. Board Comments:  There was concern to not over-design streets. Mr. Henry said staff was working with Engineering trying to include all users.  Why were six inch caliper trees removed from the survey? The proposal to remove individual trees from survey under 12 inches was to simplify the plans, but the trees would still be counted in the numbers. Plans should show trees to remain and trees to be removed.  Why were there substantial changes to the ANR regulations? To make the regulations match the State law. On a motion duly made and seconded, it was voted, 5-0, to continue the public hearing to April 9 at 6:05 p.m. in the Parker Room. **********************TOWN MEETING PREPARATION ************************** ZONING ARTICLE POSITIONS Articles 27, 28, & 29, Citizens Petition: Ms. Magid heard concerns at the TMMA meeting regarding the size of the potential businesses and changed her proposal to insert a new line H.2.02, services with more than 3,500 square feet of floor space per establishment, which would not be allowed in the CN district. A motion was made to support the changed proposal as it was presented tonight. The motion failed for the lack of a second. After further discussion the Board decided to make the motion again on the amendment. On a motion duly made and seconded, it was voted, 5-0, to support the updated amendment made by the petitioner, which amends the symbol in Table 1, line H.2.01 column “CN” from “N” to “SP”, and inserts a new line H.2.02, services with more than 3,500 square feet of floor space per establishment, which would not be allowed in the CN district. Minutes for the Meeting of March 24, 2014 Page 3 Article 30, MMTC: The Board of Health is working on draft regulations for licensing and inspection for MMTC, but has not adopted them and will not be finished before Town Meeting decides on Article 30. A motion was made to recommend a vote against the Fenn amendment. The motion failed for the lack of a second. Audience Comments:  The Board received a letter from the Tourism Committee against allowing distribution of Medical Marijuana in the Center. Pedestrians should not be exposed while walking in the Center to the possible effects of second hand marijuana smoke.  The Board was encouraged to not be passive regarding the 500 foot setback established in the State regulations, which could be changed without notice. Mr. Canale voted against the Fenn amendment because it was not a balanced approach and was not substantive regarding zoning issues. Mr. Hornig opposed the Fenn amendment for the same reason as last time that this use would be appropriate in these districts. Mr. Zurlo said the Town had a chance to discuss permitting distribution in the Center and made it clear in their opposition to this proposed use. Mr. Dunn did not feel the Board’s motion would have the local support and decided to support Mr. Fenn’s amendment even though the Board’s original motion was more balanced. On a motion duly made and second, it was voted, 3-2, (Mr. Canale and Mr. Hornig opposed) to support the Fenn amendment to Town Meeting. The Chair should present this recommendation to Town Meeting. If the Fenn amendment failed the Board still unanimously supported the Planning Board motion. If the Fenn amendment passed the Planning Board would support the amended motion by a vote of 3-2. Article 31 and 32: There would be no reconsideration of Article 31 & 32. Other Warrant Articles: The CPC re-voted on the Cary Hall renovation and was 9-0 in favor. There will be discussion tonight regarding how Town resources should be used. On a motion duly made and seconded, it was voted, 5-0, to adjourn at 7:11 p.m. Page 4 Minutes for the Meeting of March 24, 2014 The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Draft Subdivision Regulations, March 2014 (52 pages).  Comments on Development Regulations from Joe Marino, dated March 24, 2014 (2 pages).  Comments on Development Regulations from Fred Russell, dated March 20, 2014 (1 page).  Comments on Development Regulations from Frank Sandy, dated March 21, 2014 (1 page).  Amendment to Article 28 from Inga Magid (1 page). Timothy Dunn, Clerk