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Home My WebLink About2020-10-13-PB-min PLANNING BOARD MINUTES MEETING OF OCTOBER 13 2020 Held on October 13, 2020, Virtual Meeting per Governor Baker's Order at 6:00 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 6:09 pm on Tuesday, October 13, 2020. Mr. Creech read the following statement relative to the recent outbreak of COVID-19. Good evening. Consistent with Governor Baker's Executive Order of March 12th, 2020, suspending specific provisions of MGL. c. 30A, §18 due to the current State of Emergency in the Commonwealth due to the outbreak of COVID-19, this meeting of the Lexington Planning Board is being conducted remotely. In-person attendance is not permitted at this time. Every effort will be made to ensure that the public can adequately access proceedings in real time via technological means. In the event access cannot be provided, an audio or video recording of this meeting will be available for review on the Town of Lexington website or through LexMedia as soon as possible after the meeting. For this meeting, the Lexington Planning Board is convening by video conference via Zoom. Specific information for remote participation by the public can be found on the Planning Office’s web page. Please note that this meeting is being recorded. At this time, I will provide a brief review of the meeting proceedings. 1. For each public hearing, the Planning Board will request a presentation from the Applicant or petitioner, followed by an opportunity for the Planning Board to ask questions or provide comments. Then the floor will be open for public comments. 2. All comments during public participation need to be limited to 2 minutes or less and must be respectful. 3. When the time comes for public participation, if you are dialing in, you may use *6 to mute or unmute yourself and *9 to raise or lower your hand. 4. If at any time during the meeting you have a question, please use the Q&A feature, and staff will respond. Town Meeting a. Review of Planning Board Report for Article 17 - 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. Robert Peters recused himself from the discussion for Article 17. Charles Hornig shared his screen to show the draft Article 17 Planning Board Report for Town Meeting. The Planning Board reviewed and edited the draft report for Article 17. Page 2 Minutes for the Meeting of October 13, 2020 Board comments included adding language that the Town may not be able to control what would be developed by-right given the wide range of uses allowed in the CM District coupled with the permissive standards. If this parcel was developed under the Planned Development District it would be more likely to be developed as a life science project than under the proposed zoning. Charles Hornig moved that the Planning Board adopt the draft report for Article 17 for the Fall Special Town Meeting as amended. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0 (Roll Call: Ginna Johnson – yes; Richard Canale – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED Mr. Peters rejoined the meeting at 6:53 pm. b. Review of Planning Board Report Article 16- 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. The Planning Board reviewed the draft Planning Board report for Article 16 with edits to the minority portion of the report by Ms. Johnson. Ms. Johnson also requested that th corrections be made to the September 14 and 30 Planning Board minutes and be reflected in the draft Planning Board Report. Ginna Johnson moved that the Planning Board vote to adopt the draft Planning Board Report for Article 16. 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 Mr. Canale said as a courtesy he wanted to let the Board know he would be making a motion to amend Article 16 at Town Meeting and would this would be discussed further at another time. c. Review of Article 6-Surcharge Mr. Matt Daggett was present to answer questions from Board Members regarding Article 6 for Surcharges. Mr. Creech requested comments and questions from the Planning Board. The following comments and questions were made.  Mr. Creech requested information on from who, how, and when the surcharges would be paid?  Mr. Peters requested information on the impact to the housing production in communities that have implemented this surcharge for a while. Mr. Peters nd stated that with a 2 phase there might be a need to give further consideration since the funds may not go directly into additional housing.  Ms. Johnson was in support of this article.  Mr. Hornig asked if the applicant has spoken with the Legislators and Governor and how it was received.  Other questions and concerns stated were if this would only apply to total demolitions; there was concern there would be bad houses built, could the Minutes for the Meeting of October 13, 2020 Page 3 Select Board exempt the first 1,000 square feet of a home, and how could a property owner apply for a building permit, when it is the contractor that usually does that, can the monies only be used for affordable housing up to 100% AMI? Ginna Johnson moved that the Planning Board vote to recommend approval of Article 6 to the Fall Special Town Meeting. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-1- 0 (Roll Call: Charles Hornig – no; Robert Peters – yes; Richard Canale – yes; Ginna Johnson – yes; Robert Creech – yes). MOTION PASSED d. Review of Articles for Planning Board support (see agenda) Article 2- Short Term Rental Impact Fees Mr. Creech will ask Ms. Gingras to meet with the Board tomorrow before Town Meeting to discuss further this Article prior to making a recommendation to Fall Special Town Meeting. Article 3- Noise control for rock removal Charles Hornig moved that the Planning Board vote to recommend approval of Article 3 to the Fall Special Town Meeting. Ginna Johnson 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 Article 4- Declare Climate Emergency Ginna Johnson moved that the Planning Board vote to recommend approval of Article 4 to the Fall Special Town Meeting. 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 Article 8 Systematic Racism Resolution Ginna Johnson moved that the Planning Board vote to recommend approval of Article 8 to the Fall Special Town Meeting. Richard Canale 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 Board Administration a. Board Member Updates  The League of Woman Voters will be discussing Solar Energy with Planning Director Amanda Loomis on Friday, November 6, 2020.  There will be an update on the Comprehensive Plan on Wednesday, October 14, 2020 at 12:30 pm.  The CPC will be recommending to the Fall Special Town Meeting-3 approval of Article 7. Page 4 Minutes for the Meeting of October 13, 2020 b. Upcoming Meeting and Anticipated Schedule The Planning Board briefly discussed a Planning Board meeting scheduled for October 14 and at the request of Mr. Canale will discuss potential reconsideration for Article 16. There will be meetings October 19 and 21 if needed prior to Fall Special Town Meeting. There will be a full meeting October 28 and November 4, 2020. Discussion of past executive minutes for release will be scheduled on an upcoming agenda. c. Review of the Planning Board Meeting Minutes of September 30, 2020. The Planning Board reviewed the meeting minutes for September 30. Charles Hornig moved that the Planning Board approve the meeting minutes of September 30, 2020, as amended. Richard Canale 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 October 13, 2020. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 MOTION PASSED Meeting adjourned at 8:42 pm. Ginna Johnson, Clerk of the Planning Board