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HomeMy WebLinkAbout2015-02-25-PB-min PLANNING BOARD MINUTES MEETING OF FEBRUARY 25, 2015 A regular meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:01 p.m. by Chairman Charles Hornig, with members Nancy Corcoran- Ronchetti, Richard Canale, Timothy Dunn, Ginna Johnson and planning staff Maryann McCall- Taylor, Aaron Henry and Lori Kaufman present. ******************************TOWN MEETING********************************* PUBLIC HEARING CD-9 Amendment Cubist, Continued Public Hearing: Mr. Hornig called the continued public hearing to order at 7:01 p.m. The applicant requested a continuance to March 30, 2015. On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 7:02 since the applicant never filed the amendment with the Board of Selectmen. *********************ORGANIZATION & SCHEDULING************************** Planning Director Recruitment Process: The first step was to advertise, but have not heard anything to date. The reporting structure will be unknown until Town Meeting decides on funding. This will be a topic at the next meeting. Schedule: th On March 4 the Planning Board will deliberate on the articles and draft reports for Town Meeting and hear a sketch plan for 83 Spring Street. Keep open March 11 in case a meeting is needed. March 18 the meeting will be at the High School at 6:00 or 6:30 p.m. so Board Members could attend the TMMA meeting. ******************************TOWN MEETING********************************* PUBLIC HEARINGS Citizens Petition Medical Marijuana, Article 47, Public Hearing: Mr. Hornig called the public hearing to order at 7:06 p.m. There were eight people in the audience. Page 2 Minutes for the Meeting of February 25, 2015 Mr. Ethan Handwerker presented his citizen’s petition for Article 47 on Medical Marijuana. The presentation can be found on file in the planning office. Board Comments:  What was lacking with the present definitions and how would the new definitions improve the bylaw? The bundling of a medical marijuana cultivation center and a medical marijuana processing center could be allowed in certain districts by site plan review.  How was it determined what should be allowed by right and what should be allowed by special permit. It was based it on similar uses such as pharmacy for distribution.  What use was the similar for the processing center? The processing of agricultural crop fell under same as drying of any other flower or the other extreme of using chemical processing.  CLO & CRO districts would not permit any analogous uses so why include them? The processing center was allowed in any commercial zone that would allowe any agricultural use by right of over two acres, but would amend that if not correct.  The change to SPR in the Permitted Use Table would be out of scope of the proposed change and only the moderator could make that call. There were no comments from the audience.  Town Meeting recently weighed in on this and would probably not see the need to change the current plan at this time. The CM Zone on Hartwell Avenue only would not be workable.  The chance of this Article moving along at this time is doubtful. The Board took a straw poll and three Members recommended no action to Town Meeting. Audience Comments:  The separation of the components makes sense but don’t know about changing the locations.  EDAC did not take any action that would indicate recommending any changes. On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Canale abstained) to close the public hearing at 7:38 p.m. On a motion duly made and seconded, it was voted, 3-2, (Nancy Corcoran-Ronchetti and Ginna Johnson opposed), to recommend that Town Meeting refer this back to the Planning Board for future action. Minutes for the Meeting of February 25, 2015 Page 3 CONTINUED PUBLIC HEARING: Mr. Hornig called the continued public hearing to order at 7:40 p.m. Technical Corrections, Article 52: There was an additional technical correction regarding non-conforming parking for reconstruction or replacement of a building. The captions and formatting would be changed only to make it clearer. Mr. Hornig will work with staff on this change and send a memo to Board Members with the changes. On a motion, duly made and seconded, it was voted, 4-0-1 (Ms. Johnson abstained), to move forward on the article with additional changes of the captions and formatting only for clarity regarding the non-conforming parking for the reconstruction or replacement of a building. CRO and Unzoned Parcel to CM, Article 50:  Audience Comments:Were there any comments from Waltham or Cambridge? None directly.  Did they go to the individual abutters get notices? By public notice in the paper.  If there were an emergency call who would respond? It would be decided through an inter-municipal agreement after there was a proposed development.  Why was the CM District chosen and why not leave unzoned? The overhauled CM district might be more acceptable to the landowner. The owner would like to leave it unzoned, but then there would be no restrictions at all. There was also a Court order that had to be taken into consideration. Would it change the market value of this land? This would most likely decrease the value.  Was there any case law on this matter? Town Counsel did not identify any case law.  Why has the owner not developed to date? There are many barriers that would have to be dealt with before development could be done. The owner would have to be asked for the reasons.  Why was this being taken up with Town Meeting? Did the owner request this? Rezoning land requires Town Meeting action and it would be inappropriate to leave this parcel as unzoned. The owner did not request this. Commercial District Boundary Changes, Article 48: A. 229-235 Bedford Street (CN) On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. Page 4 Minutes for the Meeting of February 25, 2015 B. 242-246 Bedford Street (CS) On a motion duly made and seconded, it was voted, 4-0-1 (Mr. Dunn abstained), to adjust only the northern boundary of the lot 71-61A, and southern boundaries of 71-62 and 71- 63 and move forward on the article with those changes. C. 173-181 Bedford Street (CLO) On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. D. Bedford and Reed (CN) On a motion, duly made and seconded, it was voted, 4-1 (Ms. Johnson opposed), to leave 64-63 and 64-64 as residential, 64-65 leave as split and 64-66 and 64-67 as commercial move forward on the article with those changes. E. North and Lowell (CS) On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. F. Lowell and Woburn (CRS) On a motion, duly made and seconded, it was voted, 4-0-1 (Mr. Canale abstained), to move forward on the article in its current form. G. Marrett and Lincoln (CLO) On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. H. Marrett and Spring (CS) On a motion, duly made and seconded, it was voted, 4-0-1 (Mr. Dunn abstained), to adjust only lot 33-82 into the CS District and move forward on the article with that change. I. Waltham and Marrett (CN & CRS) On a motion, duly made and seconded, it was voted, 4-1, (Mr. Hornig opposed) to adjust 32-16 southern border, make 33-265 completely residential, make 33-266 and 33-267 completely commercial, leave 33-268 split as is and move forward on the article with these changes. J. Waltham Street at the Waltham Town Line On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. Minutes for the Meeting of February 25, 2015 Page 5 Civic Use District, Article 49: On a motion duly made and seconded, it was voted, 5-0, to move forward with the amended article. CRO and Unzoned Parcel to CM, Article 50: On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. Site Plan review Applicability, Article 51: On a motion, duly made and seconded, it was voted, 5-0, to move forward on the article in its current form. Banks and Credit Unions in the Center, Article 53: On a motion, duly made and seconded, it was voted, 4-1, (Mr. Hornig opposed) to move forward on the article in its current form. On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 9:45 p.m. Presenters of the articles would be as follows:  Mr. Canale - Article 53  Nancy Corcoran-Ronchetti – Article 47  Mr. Hornig- Articles 48, 49, 50, 51, & 52. ******************************STAFF REPORTS********************************* The open space plan is almost done. The draft online was on the recreation page of the website. The Planning Board must approve it to be final and any substantive changes and comments should be sent to staff ASAP. ******************************BOARD REPORTS******************************** The Massport CEO will be at the HATS meeting tomorrow night. On a motion duly made and seconded, it was voted, 5-0, to adjourn at 10:02 p.m. The meeting was recorded by Lexmedia. The following documents used at the meeting can be found on file with the Planning Department:  Presentation by Ethan Handwerker “Amendments to Zoning Bylaw proposed by Citizen Article 47” dated February 25, 2015 (6 pages).  Letter from Robert Buckley, Esq. regarding the Cubist continuance of a Public Hearing for an amendment to CD-9 Cubist, dated February 19, 2015 (1 page).  Amendment to Article 49 submitted by Charles Hornig (20 pages). Timothy Dunn, Clerk