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HomeMy WebLinkAbout2020-09-30-PB-min PLANNING BOARD MINUTES MEETING OF SEPTMBER 30, 2020 Held on September 30, 2020, Virtual Meeting per Governor Baker's Order at 7:00 pm Present: Robert Creech, Chair; Robert Peters, Vice-Chair; Ginna Johnson, Clerk; Richard Canale; and Charles Hornig. Also present was Amanda Loomis, Planning Director. Robert Creech, Chair, read the agenda into the record, introduced members of the Planning Board and Planning Department Staff, and called the meeting to order at 7:01 pm on Wednesday, September 30, 2020. Mr. Creech read the following statement relative to the recent outbreak of COVID-19. Good evening. This meeting of the Lexington Planning Board is being conducted remotely consistent with Governor Baker's Executive Order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of COVID-19. To mitigate the transmission of COVID-19, we have been advised and directed by the Commonwealth to suspend public gatherings. As such, the Governor's Order suspends the requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location. Further, all members of public bodies are allowed and encouraged to participate remotely. The Order, which you can find posted with agenda materials for this meeting, allows public bodies to meet entirely remotely so long as reasonable public access is afforded so that the public can follow along with the deliberations of the meeting. Ensuring public access does not guarantee public participation unless such participation is required by law. This meeting will feature a public comment. For this meeting, the Lexington Planning Board is convening by video conference via Zoom as posted on the Town's Website identifying how the public may join. Please note that this meeting is being recorded and that some attendees are participating by video conference. Accordingly, please be aware that other folks may see you, and take care not to "screen share" your computer. The recording may capture anything that you broadcast. 1. Town Meeting a. Front Yard, Transition, and Screening Areas (Zoning Bylaw amendment): regulate front yard, transition, and screening areas along streets consistently within each district by amending Table 2, Dimensional Standards; amending §135-5.3.4 Transition Areas; amending the table in §135-5.3.5 by deleting the “Street Line” column; and deleting §135-5.3.14. The Planning Board briefly reviewed the draft report for Article 18. Charles Hornig moved that the Planning Board vote to approve the draft Planning Board Report for Article 18. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call: Charles Hornig – yes; Robert Peters – yes; Richard Canale – yes; Ginna Johnson – yes; Robert Creech – yes). MOTION PASSED b. Continued Public Hearing - Hartwell Avenue Area (Zoning Bylaw amendment): alter and supplement dimensional and other standards for the CM district to permit additional development by amending Table 2, Schedule of Dimensional Controls, column CM and adding a new §135-7.4 CM District. Present for the public hearing: Charles Hornig (Citizen Petitioner) Robert Creech, Chair, opened the public hearing for Article 16 and requested an update from Mr. Hornig. Mr. Hornig provided a brief update to a few amendments made to Article 16, which included minor edits and the addition of an effective date of February 1, 2021. Mr. Creech requested comments from the Planning Board. The following comments were made.  Richard Canale presented a series of slides entitled Article 16, Hartwell Avenue Area, September 30, 2020, Public Hearing, Richard Canale, Planning Board member. The slides covered topics such as reasons for disapproval, tax revenue. Mr. Canale brought up the following points. There has been an inadequate level of public engagement. Lexington has stated in its existing Comprehensive Plan of Better not Bigger for commercial development. This proposal is for Bigger not Better which has not been evidenced in the public input for the new Comprehensive Plan. Lexington currently has a comparable level of commercial development to peer communities of Wellesley, Needham, Bedford and Westwood, and Lexington has far more commercial development than other peer communities such as Concord, Weston, Wayland, Winchester, and Arlington. We currently have 23,000 persons working in Lexington and our commercial tax revenue growth over the past ten years has adequately grown at the same rate as the residential tax growth. Mass Department of Revenue says the proportion of Commercial (CIP) to residential revenue is 20% to 80%. This proposal forbids housing of which our consultants have stated was necessary to achieve success of the district, and that without a housing component, places the possibility of $50 M in Federal funds through the Boston MPO in jeopardy because the MPO expects Mixed use with housing/commercial. Concern about increased traffic and with the likelihood of the Town having to bear the $ 50M cost rather than the Federal government; The Town’s SPRD Consultant has a housing zoning draft proposal for a Spring 2021 ATM that could include housing zoning applicable for Hartwell. This Article precludes needed housing component. This proposal negates much of the Hartwell Initiative work over the past three years.  Mr. Hornig responded to some of the items brought up by Mr. Canale. Mr. Canale answered to the three years of the public outreach process, a reference to a recent article in the Colonial Times.  Robert Peters requested clarification regarding the lack of a housing element. How would this proposal be perceived at a Town Meeting? Mr. Hornig responded to the questions regarding housing. Mr. Peters requested further information regarding 40R and the current housing review that is taking place. Ms. Loomis provided a review of the recent Special Permit Residential Development (SPRD) housing efforts underway.  Ginna Johnson provided her support for the statements made by Mr. Canale, but also noted her concerns regarding not hearing from the public yet. Ms. Johnson pointed out her landscaping experience and not having the expertise to ensure what Mr. Hornig is proposing is ok. Ms. Johnson further stated her concerns regarding what is being offered and the fragmented process that is taking place. Mr. Hornig responded to Ms. Johnson’s questions. Ms. Johnson followed-up with additional questions and statements regarding the dimensional controls relative to Hartwell Avenue, conformance of existing lots, in addition to the site layout and how it is designed and circulates.  Mr. Creech questioned why February 1st and not April 1 as an effective date? Mr. Hornig explained, noting the staff’s effort to bring forward a zoning article in the winter of 2021.  Mr. Canale referenced the three years of public outreach and the zoning consultant's presentation in November of 2019. It was noted that the consultant stated that 40R in the Hartwell area is problematic. Mr. Canale referenced the recent commercial and residential development opportunities in Lexington. Mr. Canale further stated his concerns regarding the Citizen’s proposal. Mr. Creech opened the floor for public comments. The following statements were made.  A statement that this proposal is long overdue and its time. The Town needs commercial tax revenue, and Hartwell Avenue is outdated.  A statement of eagerness for Hartwell's potential redevelopment, followed by a statement that the Town commits to its values. The Town needs to make sure that redevelopment meets the Town’s efforts for the net zero emissions.  A request for clarification as to whether all projects that go into Hartwell will require Site Plan Review. Answer: Yes  A statement regarding the need to move this Citizen Petition article forward.  Lexington's statement to ensure that development in Hartwell needs to be sustainable and support buildings' electrification.  A statement of support for the spirit of this proposal. However, Lexington is in a hole and needs to stop digging. Lexington has an opportunity to be a poster child to be a green community. Mr. Creech questioned if members of the Planning Board had any additional comments. The following comments were made.  Mr. Peters stated that he supported this Article in the spring and still supports it now. Mr. Peters noted that Lexington has this opportunity now and will fix anything that needs fixing at the annual Town Meeting of 2021.  Mr. Canale provided a review of the public's comments, along with the difference between special permits and site plan review. Mr. Canale concluded that all five Planning Board members are committed to fixing the zoning, but this Article is distracting to the bigger picture. Charles Hornig moved to close the public hearing for Article 16. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call: Charles Hornig (Citizen Petitioner) – yes; Robert Peters – yes; Richard Canale – yes; Ginna Johnson – yes; Robert Creech – yes) MOTION PASSED Charles Hornig moved that the Planning Board vote to make a favorable recommendation to Town Meeting on Article 16. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 3-2-0 (Roll Call: Charles Hornig (Citizen Petitioner) – yes; Robert Peters – yes; Richard Canale – no; Ginna Johnson – no; Robert Creech – yes). MOTION PASSED The Planning Board concurred to review the draft Planning Board Report for Article 16 after the public hearing for Article 17. The Planning Board took a brief break from 8:53 pm to 8:56 pm. c. Continued Public Hearing - Hartwell Avenue Area (Zoning Map amendment): rezone lots not used for residential purposes near Hartwell Avenue and southwest of Bedford Street into the CM or GC districts as presented on the proposed map. Present for the public hearing: Charles Hornig (Citizen Petitioner) Robert Peters recused himself from the public hearing for Article 17. Robert Creech, Chair, opened the public hearing for Article 17 and requested an update from Mr. Hornig. Mr. Hornig provided a brief review, noting that there was not much to the Article. Mr. Hornig stated that the property's current owner faces a significant decision with its former tenant filing bankruptcy. Mr. Creech requested comments from the Planning Board. The following comments were provided.  Richard Canale provided a review of conversations with the owner of the property. Mr. Canale noted that this property is not suitable for single-family residential but also not manufacturing. It was further pointed out that this is an opportunity for a Planned Development District. Mr. Canale stated that the owner should work with the Town to identify what should be located at the property. Mr. Canale concluded that the Town and the property owner should start having conversations about what should go at this property.  Ginna Johnson stated that this Article does not have enough public outreach or consensus building. Ms. Johnson said the parcel provided an opportunity for development but needs to be planned carefully. Such uses may include housing, a grocery store, recreational fields, etc. Without proper planning, the project should wait.  Mr. Creech stated that he concurs with the other members of the Planning Board.  Mr. Hornig stated that the Planning Board members are missing its big issue, ndrd in that the owner could release the property to a 2 or 3 tier sports center. Mr. Creech opened the floor for public comments. The following statements were made.  A public member stated that the Economic Development Advisory Committee has unanimously voted to support this Article. Charles Hornig moved to close the public hearing for Article 17. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll Call: Charles Hornig – yes; Richard Canale – yes; Ginna Johnson – yes; Robert Creech – yes). MOTION PASSED Richard Canale moved that the Planning Board not make an unfavorable recommendation on Article 17 to Town Meeting. Ginna Johnson seconded the motion for the purpose of the question. Ms. Johnson requested that the Planning Board consider including in the motion, “refer Article 17 to the Planning Board.” Richard Canale withdrew his motion. The Planning Board discussed future permitting and uses for the site. Ms. Johnson requested that staff prepare zoning to consider future traffic expansion options and coordinate with the Hartwell rezoning. Ginna Johnson moved that the Planning Board recommend that Town Meeting refer Article 17 to the Planning Board for additional review and development. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 3-1-0 (Roll Call: Ginna Johnson – yes; Richard Canale – yes; Charles Hornig – no; Robert Creech - yes). MOTION PASSED d. Review of the Planning Board Reports for Articles 16 and 17 Robert Creech, Chair, requested that the Planning Board review the Planning Board Article Reports for Article 16 and 17. Ginna Johnson asked that the Planning Board review Article 17’s report first. The Planning Board provided a review for the Article 17 Report, noting that the section Justification and Public Hearing will be updated to reflect the discussion tonight. Ms. Johnson requested that statement regarding Mr. Peters recusing himself be indicated at the top of the report. The Planning Board reviewed the draft report for Article 16. Mr. Canale stated that the staff needs to add a public meeting portion to each of the articles. Also, whenever there is a split vote, the Planning Board needs to find the right balance. Mr. Canale requested that the Planning Board meet next week to finalize the reports. The Planning Board discussed options for meetings. The Planning Board agreed to meet Wednesday, October 7, at 6:30 pm. 2. Board Administration a. Board Member Updates  Mr. Creech requested clarification regarding the order of the articles for the Special Town Meeting  The Planning Board also agreed to meet on Thursday, February 4, 2021, to hold an opening public hearing for the Hartwell Rezoning Initiative project.  Mr. Canale provided a brief review of the Special Permit Residential Development bylaw review and comprehensive rewrite. b. Upcoming Meeting and Anticipated Schedule The Planning Board briefly discussed a Planning Board meeting scheduled for October. The Planning Board agreed to hold a meeting on October 7, 2020, at 6:30 pm to finalize the Planning Board Reports for Articles 16 and 17. c. Review of the Planning Board Meeting Minutes of September 9, 2020, and September 23, 2020 The Planning Board reviewed the meeting minutes for September 9 and September 30, 2020. Richard Canale moved that the Planning Board approve the meeting minutes of September 9, 2020, and September 30, 2020, as presented. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call: Richard Canale – yes; Robert Peters – yes; Ginna Johnson – yes; Charles Hornig – yes; Robert Creech – yes). MOTION PASSED Adjournment Robert Creech moved that the Planning Board adjourn the meeting of September 30, 2020. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0 MOTION PASSED Meeting adjourned at 9:46 pm. Ginna Johnson, Clerk of the Planning Board