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PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 17, 2014
A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was
called to order at 7:00 p.m. by Chairman Charles Hornig, with members Nancy Corcoran-
Ronchetti, Richard Canale, Timothy Dunn, and Ginna Johnson, and planning staff Maryann
McCall-Taylor, Aaron Henry and Lori Kaufman present.
**********************DEVELOPMENT ADMINISTRATION***********************
11 Old Shade Street, Approval Not Required Under Subdivision Control (ANR)
:
On a motion duly made and seconded, it was voted, 5-0, to determine that the plan did not need
approval under the Subdivision Control Law and to allow the Planning Director to sign on behalf
of the Board.
Lexington Hills, Sign decision:
The Board signed the Lexington Hills decision from August 20, 2014, that had been reviewed by
Town Counsel.
*****************************ANNUAL REPORT *******************************
On a motion duly made and seconded, it was voted, 5-0, to adopt the revised Annual Report for
the fiscal year 2014.
***********************ZONING BOARD OF APPEALS (ZBA)**********************
Comprehensive Plan at 11 Fairview Avenue:
The Planning Board discussed a draft letter recommending approval of the comprehensive plan
for 11 Fairview Avenue and requested the ZBA consider the following appropriate conditions:
Exclude non-native plantings from the proposal;
Require additional evergreen screening along the paper street (Colonial Avenue) and
around the parking area;
Should the topography of the site allow, limit access/egress to the site through the
existing driveway on Hayward Avenue; and
Confirm, in consultation with the neighbors, that the condition of Fairview Avenue is
adequate for the residents’ use. Were this a normal development it is likely that the
Planning Board would have required improvements such as an adequate pavement width
and reconstruction of the pavement.
Page 2 Minutes for the Meeting of September 17, 2014
Abutters voiced their concerns regarding this project and submitted a copy of a letter that was
sent to the ZBA.
On a motion duly made and seconded, it was voted, 5-0, to recommend approval of the
comprehensive permit for 11 Fairview Avenue with the appropriate conditions listed to address
the concerns discussed by the Planning Board.
**********************************ZONING***********************************
Zoning Map Changes:
Mr. Henry presented an updated power point presentation to look at current zoning by
intersections and the Board gave feedback for changes to be made to present to the public. The
Board will hold a public forum for the proposed zoning map changes on Wednesday evening,
November 19, 2014. There will be a press release explaining the process and goals and abutters
will be notified by postcards.
Fall Town Meeting update:
At this time there was no municipal reason for a Fall Special Town Meeting. The Board of
Selectmen were waiting to see if the School Committee wanted to go forward with a Fall Special
Town Meeting, but most likely there will not be a meeting until the Spring Annual Town
Meeting.
Banks in the Center:
Based on the updated status for a Fall Special Town Meeting the discussion will be based on the
Annual Town Meeting in spring. Mr. Henry said staff was looking for direction from the Board
regarding Banks in the Center. There was significant interest on this matter from the public that
something should be done.
Melisa Tintocalis, the Economic Development Officer, has been involved with the Lexington
Center Committee and said there has been letters to the Minuteman editor and LexEngage
comments showing that there was significant interest expressed to reduce the number of the banks
in the Center.
Board Comments:
Limiting the use of banks in the Center would be desirable, but increasing the retail
diversity experience in the Center would also be necessary to prevent creating a void that
could result in a less desirable use. Landlords will rent out to the highest bidder and any
Minutes for the Meeting of September 17, 2014 Page 3
program would need show landlords that encouraging diverse uses would benefit both
the landlords and the Town.
Banks in the Center was an appropriate use but understand the public concerns and the
Board needs to find a way to address this matter. There should be a determination made
between good banks and bad banks and consider a ban on corner lots and a 40 foot limit
on frontage, but not go further than that.
There was a problem and zoning was partly responsible for this predicament. The Board
needs to be active in getting the desired uses and finding a workable solution.
The largest concern would be whether or not an outright prohibition would solve the
problem. It could have an impact of banks being stuck in those prime locations since
they would have nowhere to go. Incentive based zoning could be used to encourage
landlords to promote renting space to a variety of uses in the Center.
There does not seem to be a lot of support for an outright ban or strong regulation and
there needs to be a way to determine a desirable mix of uses in the Center.
There would need to be an acknowledgement of the problem, due diligence done to seek
out public opinion and show there are too many banks in the Center, and support a limit
on frontage for Annual Town Meeting. Addressing increased diversity should be done as
a second prong.
The Board should propose to commit to bring an article to Annual Town Meeting and
craft something the Board would be comfortable with and if not ready by then propose a
moratorium to allow more time to further determine what would be needed.
Mr. Hornig will speak with the Board of Selectmen and advise them that if there was to be a Fall
Special Town Meeting the Planning Board would want to reserve an article for a moratorium on
Banks in the Center.
*********************************MINUTES************************************
On a motion duly made and seconded, it was voted, 5-0, to approve the revised minutes of August
20, 2014 and August 20,2014 executive session not to be released at this time.
*****************************STAFF REPORTS**********************************
Ms. McCall-Taylor attended the MAPC meeting and the only item on the agenda was the
ratification of the increase of the assessment, which passed by a vote of, 39-2-1, (Ms. McCall-
Taylor abstained) as requested by the Town Manager.
Page 4 Minutes for the Meeting of September 17, 2014
****************************BOARD REPORTS**********************************
Last night the Enrollment Working Group made a report to the School Committee and there was a
substantial amount of housing research that had gone into the report and will be forwarded to the
Board to review.
At the EDAC meeting Mr. Handwerker informed that committee that he intended to apply in the
next cycle of applications for a registered medical marijuana dispensary license for the fiscal year
2016.
There was an update on the Tree Committee’s replanting project across Town and in the Center.
***************************** BOARD SCHEDULING****************************
There will be meetings on October 1 and 15 and November 5 and 19. A public forum will be held
at the November 19, 2014 meeting to inform the public about proposed changes to the zoning
map.
Mr. Canale will be recusing himself from the 83 Spring Street development as he lives within 300
feet of the property and Mr. Michael Leon, Associate Planning Board Member will be designated
to act on this project.
On a motion duly made and seconded, it was voted, 5-0, to adjourn at 9:21 p.m.
The meeting was recorded by Lexmedia.
The following documents used at the meeting can be found on file with the Planning Department:
Rezoning Proposal Study by Intersection, prepared by Victor Panak, dated August 29,
2014 (34 pages).
Copy of the modification for a Special permit for Lexington Hills, dated August 20, 2014
(5 pages).
Agenda item Summary and Staff Recommendations for 11 Old Shade Street, dated
September 12, 2014 (1 page).
Plan of Land for 11 Old Shade Street, dated August 18, 2014 (1 page).
Draft Letter to the ZBA from the Planning Board, dated September 17, 2014 regarding 11
Fairview Avenue (1 page).
Minutes for the Meeting of September 17, 2014 Page 5
Copy of a letter to the ZBA from abutters regarding the Comprehensive Plan at 11
Fairview Avenue, dated October 9, 2013 (2 pages).
Revised letter from the Lexington Center committee regarding Banks in the Center dated
September 16, 2014 (1 page).
Graph of percentages of total Frontage by Business types in the Center (1 page).
Survey results regarding the Lexington Town Center (38 pages).
Timothy Dunn, Clerk