HomeMy WebLinkAbout2021-07-14-PB-min
PLANNING BOARD MINUTES
MEETING OF JULY 14, 2021
Minutes of the Lexington Planning Board
Held on July 14, 2021, Virtual Meeting at 7:00 pm
Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Melanie
Thompson; Robert Creech, Michael Leon, Associate member. Also present: Amanda Loomis,
Planning Director, and Molly Belanger, Planner.
Good evening. My name is Charles Hornig. I call to order this meeting of the Lexington
Planning Board on Wednesday, July 14, 2021 at 7:00 PM.
For this meeting, the Planning Board is convening by video conference via Zoom.
Detailed information for remote participation by the public may be found on the Planning
Office web page.
LexMedia may broadcast this meeting live and will record it for future viewing.
At this time, I will ensure that all members of the Board and Town staff can hear and be
heard:
Robert Creech
Melanie Thompson
Clerk Michael Schanbacher
Vice-chair Robert Peters
Associate Member Michael Leon
Planning Director Amanda Loomis
I may invite public participation during certain portions of the meeting.
If you wish to ask a question or make a statement during a public participation
period, use the Zoom ‘raise hand’ function (*9 on a telephone) and wait to be
recognized.
Once recognized, you may unmute yourself (using *6 on a telephone) and speak.
Identify yourself by name and address for the meeting record.
Questions and comments during public participation are limited to 2 minutes or
less, except by permission of the Chair, and must be respectful.
Written materials for this meeting are available on the Town’s Novus AGENDA
dashboard. You may follow the agenda as posted except as I will note.
******************** DEVELOPMENT ADMINISTRATION*************************
3 Wisteria Lane Special Permit Modification, Public Hearing:
Mr. Hornig said this was a request for a modification to a special permit and presented the
history of this subdivision development. 3 Wisteria Lane is now requesting a modification to the
special permit for their property.
Mr. Song, applicant, and Mr. Greg Haladyna, attorney, were present. Mr. Greg Haladyna
presented the recent background of this special permit modification request which is asking for a
500 square-foot increase in the footprint area which would increase site coverage and impervious
Page 2 Minutes for the Meeting of July 14, 2021
surface ratio but \\which both comply with the current zoning. He was also asking for the
property owner in this subdivision to allow them to do what is allowed in the current bylaw now
or what is allowed in the future.
Mr. Song thanked several staff members for their help in solving this problem.
Board Comments and Questions:
Mr. Hornig said that he was on the Board during the original special permit decision from
2005 and does not believe that the original intent of the Board was to freeze the zoning at
that time indefinitely for this subdivision. He does not believe this modification is a
problem at this time since it complies with the current zoning. He suggested there be a
sentence added to this decision as follows “For the avoidance of doubt, work done on lot
3 shall conform to all requirements of the Zoning Bylaw as it is then in effect; including
requirements (if any) relative to site coverage, site coverage ratio, impervious surface,
impervious surface ratio, minimum required yard, and gross floor area; in place of any
requirements of the 2005 Zoning Bylaw noted on the plan.” He would be open to the
other landowners of this subdivision if they request it.
Mr. Hornig asked for clarification of the runoff amount that would go into the shared
drainage system you all share or does this only go onto your own property. Mr. Haladyna
said he was not sure since they never checked into it. Mr. Hornig asked if a condition
would be acceptable to be added that no additional water flow go into that shared system.
Mr. Song said he was on the down side of the slope and the water would go onto his
property.
Mr. Schanbacher had no questions at this time and agreed with Mr. Hornig.
Mr. Creech only asked if this was a conventional subdivision that was originally
approved.
Ms. Thompson said the paragraph cleared up any issues with the request for the
modification.
Mr. Peters asked if the addition was in the back of the house and if Mr. Song spoke with
the abutter behind him on Colony Road. Mr. Song said he would.
Mr. Leon asked if this was just a conventional subdivision and if they got additional
benefits. He suggested adding in the sentence with this date (July 14, 2021) or add a
window in the suggested decision date.
Additional language would be added regarding excessive stormwater that “Lot 3 will be
designed such that it will not contribute off site stormwater runoff in excess of what was
assumed in 2005 drainage study. This will be confirmed prior to the issuance of a
building permit for each lot.”
Audience Comments and Questions:
Maryann Sorel lives at 5 Wisteria Lane next door and did not know about this until two
weeks before this meeting. She spent time researching and speaking with neighbors. This
is not a small project and affects us as neighbors and all our yards are contiguous and this
would impact our privacy. This also would not match the common theme of the rest of
the houses.
Minutes for the Meeting of July 14, 2021 Page 3
Board Comments and Questions:
Mr. Creech said he would support what Mr. Hornig said earlier with regard to the
additional runoff.
Robert Peters moved that the Planning Board close the public hearing for the request for a
minor modification for 3 Wisteria Lane. Robert Creech seconded the motion. The Planning
Board voted in favor of the motion 5-0 (Roll call: Robert Peters – yes; Melanie Thompson –
yes; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION
PASSED
Robert Peters moved that the Planning Board approve the request for the minor modification
for 3 Wisteria Lane and including additional language discussed earlier for approval
regarding the current zoning and the additional stormwater runoff. Michael Schanbacher
seconded the motion. The Planning Board voted in favor of the motion 5-0 (Roll call: Robert
Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles Hornig – yes;
Robert Creech - yes). MOTION PASSED
Pelham Subdivision Covenant (Beech Tree Lane):
Mr. Perry was present and requested the Board accept the covenant for Beech Tree Lane.
Robert Peters moved that the Planning Board accept the covenant with regard to Beech
Tree Lane. Robert Creech seconded the motion. The Planning Board voted in favor of
the motion 5-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael
Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED
*************************ZONING PROPOSAL REVIEW**************************
Retaining Walls:
This topic will be discussed at the next meeting.
Open Space Residential Development (OSRD):
This topic will be discussed during the joint meeting later on.
Mr. Peters temporarily took over the meeting since Mr. Hornig lost power during the
meeting. Mr. Hornig continued to participate in the meeting.
Residential Parking:
Mr. Hornig presented the draft proposal. The Board discussed the draft proposed zoning
to reduce residential parking.
Board Member Comments and Questions:
Mr. Schanbacher had no questions.
Mr. Creech asked for clarification for example if this proposal made possible by
the State’s new regulation allowing towns to adopt new zoning regulations by
only a majority vote.
Page 4 Minutes for the Meeting of July 14, 2021
Ms. Thompson asked for clarification what this applies to and if it is regarding a
minimum and does not impact the maximum.
Mr. Leon asked for clarification if this going to be universal to all properties in
Lexington or only those within 500 feet of public transportation? His concern was
that it would be more economic for a developer to provide the minimum and there
may be a miss match of what the likely household would need. The further away
from public transportation the more likely more vehicles would be needed. This
should be done based on a case-by-case decision that under certain circumstances
would allow the Planning Board to provide a waiver.
Mr. Creech agreed with Mr. Leon and does not want to force cars to park on the
streets. He gave examples of streets where on street parking would be inadvisable.
He showed a neighborhood where it might work.
Mr. Peters said agreed with Mr. Leon on this.
JOINT MEETING WITH THE SPECIAL PERMIT RESIDENTIAL DEVELOPMENT
AD-HOC COMMITTEE
Discussion of the Special Permit Residential Bylaw and potential Open Space
Residential Development Bylaw:
The Special Permit Residential Ad-hoc Committee joined the Planning Board discussion
at 8:15 p.m.
Mr. Hornig presented the updated draft proposal of the Open Space Residential
Development Bylaw. The Planning Board Members and Special Permit Residential
Development Committee Members jointly discussed the draft proposal.
There was discussion on greater outreach was needed and that the Special Permit
Residential Development Committee needs to get to a comfort level and then determine if
further outreach was necessary. They would all like to have this ready for a Fall Special
Town Meeting. Ms. Loomis and Mr. Perry will work together to bring this out to the
building development community. The updated version will be sent out by staff once new
comments have been incorporated.
This proposal will be added to the next agenda for the Planning Board Meeting on July
28. This will not necessarily need to be a joint meeting, but that will be decided later on.
The Special Permit Residential Ad-hoc Committee left the meeting and adjourned at 9:20
p.m.
Small-scale Solar Energy Systems:
Mr. Hornig presented the updated Solar Energy Systems proposal.
Board Member Comments and Questions:
Mr. Creech asked that examples of property addresses in Lexington that would be
affected be provided at the next meeting for minimum lot frontage and
requirements for new structures.
Minutes for the Meeting of July 14, 2021 Page 5
Mr. Peters asked for clarification if a lot in the RS district and is a small
grandfather lot would have any capability for ground mounted or are they limited
to building mounted?
The Board recessed at 9:34 to 9:37 p.m.
Mr. Creech needed more time to digest large-scale solar energy system locations
on a lot.
Mr. Leon expressed concern about where solar structures could be located on a
lot.
Mr. Peters feels it would be good to strip out the front yard for solar energy
system locations.
Mr. Hornig asked if it would help to limit the size of the solar energy system.
Mr. Leon was concerned that the streetscape would have abutters upset.
The Board Members discussed if this needed any special outreach for any particular
groups.
Diversity, Equity and Inclusion:
Mr. Hornig presented the Diversity, Equity and Inclusion proposal that had no changes
from before.
Board Member Comments and Questions:
Mr. Peters said it was well done to include disability in this mix.
Mr. Creech asked for clarification on permitting structures enabling access for
disabled persons anywhere on a lot, and clarification on what consideration would
be given regarding racial mix.
Mr. Creech asked for clarification on the definition of household.
Mr. Leon expressed concern about how many people could be crammed into a
rooming unit and concerned about a fraternity renting out a rooming unit.
Mr. Creech was concerned about people renting out to high school students so
they could attend the Lexington Schools which has happened in the past.
Mr. Creech said some of this could open the door for abuse in town while this is
good in principle.
Special Permit Criteria:
This topic will be discussed at the next meeting.
Commercial Signs:
This topic will be discussed at the next meeting.
**********************BOARD ADMINISTRATION*************************
Review of Meeting Minutes June 23, 2021:
Robert Peters moved that the Planning Board approve the minutes of the June 23, 2021
meetings as presented. Robert Creech seconded the motion. The Planning Board voted in
favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Melanie Thompson – yes; Michael
Schanbacher – yes; Charles Hornig – yes; Robert Creech - yes). MOTION PASSED
Staff Updates:
There were none.
Page 6 Minutes for the Meeting of July 14, 2021
Board Member Updates:
Mr. Hornig presented the work plan to the Select Board on Monday. There will be a Fall
Special Town Meeting based on the proposed work plan.
It was suggested to add dealing with commercial parking ratios to our work plan.
Bring back Hartwell possibly to the Fall Special Town Meeting.
It was suggested to rethink the schedule for the Comprehensive Plan.
The next meeting will possibly be with the Board Members and Staff only in the Select
Board Meeting and the public will be remote.
Keep an eye out for the next posting.
Robert Peters moved that the Planning Board adjourn the meeting of July 14, 2021. Robert
Creech seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll
call: Robert Peters – yes; Melanie Thompson – yes; Michael Schanbacher – yes; Charles
Hornig – yes; Robert Creech - yes). MOTION PASSED
Meeting adjourned at 10:25 p.m.
The meeting was recorded by LexMedia.
The following documents used at the meeting can be found on the Planning Board website in Planning
Board packets.
3 Wisteria Lane:
Form B Application dated June 10, 2021 (5 pages).
Proposed Pervious Cover and Site Coverage Plan dated June 8, 2021 (1 page).
Proposed Driveway Plan dated June 8, 2021 (2 pages).
Project Cover memo dated June 10, 2021 (2 pages).
Original Special Permit with Site Plan Review dated August 17, 2005 (13 pages).
Original subdivision plan dated June 29, 2021 (2 pages).
Document referencing the 2013 Annual Town meeting (1 page).
Zoning proposals:
Draft Article for Open Space Residential Development dated July 8, 2021 (4
pages).
Draft Article for Residential Parking dated March 6, 2021 (1 page).
Draft Article for Solar Energy Systems dated June 21, 2021 (2 pages).
Draft Article for Diversity, Equity and Inclusion dated May 6, 2021 (3 pages).
Michael Schanbacher, Clerk of the Planning Board