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PLANNING BOARD MINUTES
MEETING OF OCTOBER 13, 2021
Minutes of the Lexington Planning Board
Held on October 13, 2021, Virtual Meeting at 7:00 pm
Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Robert
Creech; Melanie Thompson; and Michael Leon, associate member. Mr. Leon is recused from the
first item and will join after. Also present was Amanda Loomis, Planning Director. Sheila Page,
Assistant Planning Director will join shortly.
Charles Hornig, Chair, called to order the meeting of the Lexington Planning Board on
Wednesday, October 13, 2021, at 7:02 pm. For this meeting, the Planning Board is
convening by video conference via Zoom. Lex Media may broadcast this meeting live
and will record it for future viewing. Detailed information for remote participation by the
public may be found on the Planning Office web page.
Mr. Hornig conducted a roll call to ensure all members of the Planning Board and
members of staff present can hear and be heard.
Mr. Hornig provided a summary of instructions for members of the public in attendance.
It was further noted that written materials for this meeting are available on the Town’s
NovusAGENDA dashboard.
*****************DEVELOPMENT ADMINISTRATION*********************
440 Bedford Street, Site Plan Review, Public Hearing:
Mr. Hornig opened the public hearing and explained the background of this application. This
application will be heard based on the old regulations due to timing of the application.
Present was Ed Grant, attorney; Eli Long, of Trammell Crow Company; Garrett Horsfall, project
engineer, of Kelly Engineering Group; Randy Kreie, architect, of DeMella and Shaffer; Rob
Adams, landscape architect, of Halvorson Design; and Derek Roach, traffic engineer, of Vanasse
& Associates. Mr. Grant and the applicant’s team presented the various aspects of the project site
plan.
Staff provided a staff report a week ago and all the concerns are being either resolved or in the
process of being addressed. Ms. Page said an outstanding issue being worked on is the design of
the two driveways which requires moving the Eldred Street crossing. They would need to come
back to the Board if they cannot work it out with MassDOT.
Board Member Comments and Questions:
Mr. Creech appreciated that the work that went into this. Mr. Creech said all the traffic
leaving the site from the eastern curb cut will be required to turn right. What happens to
the people who want to go west and not east? There was a concern expressed that people
may make a U-turn 20 feet from the intersection on Eldred Street. Have you addressed
that with MassDOT? There should be some signs that say this is a litter free site. Will you
be willing to put solar panels over the garage? There should be creation of more outdoor
amenity space.
Page 2 Minutes for the Meeting of October 13, 2021
Mr. Schanbacher asked for clarification of the parking on the front of the site and on the
number that you were trying to hit for spaces outside of the garage. Regarding the storm
water retention plan did you look for any above ground solution as opposed to burying it?
The bleacher condition from the first to second floor is a dicey situation and you should
check with your co-consultant on that.
Ms. Thompson asked how tall the new building will be and is it taller than the existing
building. She asked for clarification on how the walking path would be a welcoming path
and how it would interconnect with the retail shops.
Mr. Peters asked for clarification regarding the mixed-use component. Have you
considered a residential component and if not why? He was concerned about traffic
exiting the site forcing people to head east and asked where people would be able to turn
around for those who want to head west. The number of parking spaces in the garage
exceeds the parking required. Do you really need the number of parking spaces being
proposed? Regarding the relocation of the cross walk, I encourage you strongly to talk
with the residential neighbors on Bedford Street in that area as to where that is to be
relocated to and the impact it would have on their properties. Regarding the street view
have you considered a step up on the front of the building?
Public Comments and Questions:
Please use qualified union workers.
Concern was expressed about a large discrepancy regarding the number of parking spaces
being requested (575) when the traffic study says 165 vehicles will come and stay. He
was concerned about the traffic flow on Bedford Street and Eldred Street possibly being
used as a turnaround. He would also like to see a shadow study from December.
The site is growing to twice the square footage. Has the design firm thought about how
the buildings can reduce their emissions in a number of ways? Do your engineers have
experience in reducing the fossil fuel usage with their HVAC or hybrid HVAC models by
bring in heat pumps and other methods to reduce fossil fuel use? The current zoning
requires they meet the silver LEED standards and the project does not meet those criteria
at this time. Would like this project to have sustainable good impacts.
A request was made for clarification on the stormwater flooding management system. For
the sake of the residents across the street would like more trees added for thicker
screening. Is there an on-site shuttle bus stop?
Solar panels are very important and do not want this to be a missed opportunity for
having solar panels on the roof of the garage.
Board Comments and Questions:
Mr. Creech wanted to know more about light spill from front of the building,
sustainability, solar panels on the roof top of the garage, HVAC possibilities, and open
space; consider a small accessible bridge from 440 Bedford Street to 420 Bedford Street
for connectivity; and consider putting the retail and restaurant operations in the back of
the building and the parking in the front of the building and assume there will be a no exit
sign on the west side exit.
Mr. Schanbacher wanted your commitment on making this building as sustainable as
possible.
Ms. Thompson wanted to see the results of the shadow study, the plans for public
sidewalk, and how your building will mesh in with what the Town plans on doing and to
continue discussion on the walking path and retail how that will flesh out.
Minutes for the Meeting of October 13, 2021 Page 3
Mr. Peters said the sidewalk on the southeast side of Bedford Street is just a couple of
stubs of sidewalk and would not be continuous and needs to be addressed in the
streetscape. The trip generation report should look at Winter Street and Bedford Street
which will also be impacted.
Mr. Hornig said to be prepared to talk about the how the timing will work out with our
approval, the Conservation Commission Order of Conditions and any permits you will
need.
Robert Peters moved that the Planning Board continue the public hearing for 440 Bedford
Street Site Plan Review to October 20, 2021 at 7:00 p.m. Mr. Schanbacher 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
The Board recessed from 8:34 to 8:39.
**********************BOARD ADMINISTRATION*************************
Hartwell Innovation Park Welcome/Directional Sign:
Sandhya Iyer, Economic Development Director, gave a presentation on the directional
signage for the Hartwell Innovation Park. She was looking for a formal expression of
support from the Planning Board.
Board Comments and Questions:
Mr. Creech thought was a good idea and was concerned about people taking a left
into the property and we need signs that will say reverse direction ahead to make
sure people start obeying the law on this street.
Mr. Schanbacher, Ms. Thompson, Mr. Peters, and Mr. Hornig all support this.
Robert Peters moved that the Planning Board support the Hartwell Innovation Park
Welcome/Directional Signage. Michael Schanbacher 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
***************************TOWN MEETING*****************************
PUBLIC HEARINGS:
Amend Zoning Bylaw - Open Space Residential Developments (OSRD), Article 15:
Continued Public Hearing:
Mr. Hornig opened the continued public hearing. Mr. Hornig presented the updated
proposed zoning bylaw amendment for Open Space Residential Developments
incorporating comments from the last meeting and emails received since that meeting.
Board Comments and Questions:
Mr. Creech presented a list of things he wanted changed. We should require a Special
permit, should use more of the model bylaw, limit the size of multi-family houses,
regulate HVAC installation systems which should be by special permit, define
Page 4 Minutes for the Meeting of October 13, 2021
architectural concepts, commit to close special permits within two to three meetings, and
the balanced housing developments should go away.
Mr. Schanbacher had no further comments.
Ms. Thompson wanted to make sure we lead the charge on this as opposed to the
developers.
Mr. Peters asked for clarification on the deed restrictions for the inclusionary dwelling
units and do they sunset or do they remain in perpetuity?
Public Comments and Questions:
The emission of the HVAC is currently in the building code and not in zoning, however
we can use incentive zoning as a very good tool for the benefit of the Town.
There is still State guidance on OSRD even though they are 20 years old which would
provide more open space and dense housing and where they should be located. This
proposal would violate those proposals and this should be not be allowed everywhere in
town. This proposal has not been thought through and should be to provide a better
outcome.
A question was asked on why the Planning Board has presented models for other
proposals, but not for this particular effort. This also sounds like there has not been a
feasibility analysis done for this proposal to show if it would work. How many
developers were contacted on this effort? How does this effort not conflict with the
charge of the work with the SPRD Committee before they finish their work and provide
their own bylaw? The Gross Floor Area maximum of 5250 square feet and the unit
average is 2625 square feet was derived from the SPRD Committee and does not seem
accurate. How were these two metrics derived? This needs more looking at and it was
asked that the Planning Board put into writing of the bylaw the inclusionary portions for
25%.
Special permit is very important and allowing by right for developers is very problematic.
The one size fits all does not work in Lexington regarding density. This OSRD is
worrisome and what is being considered is not the answer and there should be some
smaller options available especially for downsizing.
Robert Peters moved that the Planning Board close the public hearing on the proposed Zoning
Bylaw Amendment for Open Space Residential Development. Michael Schanbacher 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
Should this be brought forward to this Fall Special Town Meeting?
Mr. Creech said this needs more work and we should wait for the housing portion of the
Comprehensive Plan to be done.
Mr. Leon said the current draft of this excluded the calculation of the historic structure on
the units and could lead to unintended consequences. This by right provision is not
appropriate for Lexington.
Mr. Schanbacher does not believe this is ready for Fall Special Town Meeting in the next
few weeks.
Minutes for the Meeting of October 13, 2021 Page 5
Ms. Thompson said based on some comments we have received she believed that we
should not bring this to this Fall Special Town Meeting since it seems like this may not
pass.
Mr. Peters also shares the same concerns, but wonders if we should make the presentation
to Fall Special Town Meeting for educational purposes.
Mr. Hornig heard a lot of support outside the public hearing. He believed there is a lot
more support than what we heard in the public hearings and there is no way to know in
advance on what Town Meeting will do and we should bring it to Town Meeting for
public discussion.
Ms. Thompson asked that we add more visuals so people can really understand it. We can
bring it to Town Meeting so they could discuss this.
Mr. Schanbacher said if the Planning Board can reach full consensus it would be possible
otherwise it would be a red flag.
Mr. Creech urges not putting this to Town Meeting knowing it needs more work.
Mr. Peters disagreed with Mr. Creech and said there is real value in bringing the
presentation to Town Meeting and bringing forward the issues for them and the
community to hear.
Ms. Thompson said it should only be brought forward if the presentation is improved
otherwise was not comfortable voting right now.
Mr. Leon said we should be focusing on the bigger goal of mid and high density on
Hartwell and elsewhere and could have a more meaningful outcome for the Town if
brought forward to the Annual Town Meeting. We might be damaging the outcome of the
more ambitious undertaking next year.
Mr. Hornig felt this was really valuable to move forward.
Mr. Creech felt this would be irresponsible to bring forward before the Comprehensive
Plan is finished.
Robert Peters moved that the Planning Board bring the proposed zoning amendment for Open
Space Residential Development to the Fall Special Town Meeting for. Michael Schanbacher
seconded the motion. The Planning Board voted in favor of the motion 3-2 (Roll call: Robert
Peters – yes; Melanie Thompson – no; Michael Schanbacher – yes; Charles Hornig – yes;
Robert Creech - no). MOTION PASSED
Robert Peters moved that the Planning Board recommend approval to the Fall Special Town
Meeting for the proposed zoning amendment for Open Space Residential Development in
substantially the form as presented. Michael Schanbacher seconded the motion. The Planning
Board voted in favor of the motion 3-2 (Roll call: Robert Peters – yes; Melanie Thompson –
no; Michael Schanbacher – yes; Charles Hornig – yes; Robert Creech – no). MOTION
PASSED
Amend Zoning Bylaw - Structures in Yards, Article 12: Discuss/vote Report:
Robert Peters moved that the Planning Board adopt the report for the Structures in Yards
Zoning Bylaw for Town Meeting. Michael Schanbacher 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
Page 6 Minutes for the Meeting of October 13, 2021
Amend Zoning Bylaw - Diversity, Equity, Inclusion and Permitting, Article 13:
Discuss/vote Report:
Robert Peters moved that the Planning Board adopt the report for Diversity, Equity, Inclusion
and Permitting Zoning Bylaw for Town Meeting. Michael Schanbacher 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
Amend Zoning Bylaw - Solar Energy Systems, Article 14: Discuss/vote Report:
Robert Peters moved that the Planning Board adopt the report for the Solar Energy System
Zoning Bylaw for Town Meeting. Michael Schanbacher 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
Amend Zoning Bylaw - Residential Parking, Article 16: Discuss/vote Report:
Robert Peters moved that the Planning Board adopt the report for the Residential Parking
Zoning Bylaw for Town Meeting. Michael Schanbacher 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
Review Town Meeting Presentations:
Mr. Hornig reviewed the presentations for Town Meeting Zoning Articles with the Board
Members.
**********************BOARD ADMINISTRATION*************************
Review Work Plan:
The Planning Board discussed the work plan.
Staff Updates:
The public forum for the Bedford/Hartwell Streets Transportation 25% design is on
October 19, 2021.
Board Member Updates:
Mr. Hornig said the Historic District Commission adopted their final report. The Select
Board voted the warrant. MassDOT is holding a public hearing tomorrow to replace the
bridge on 2A. MAPC has several presentations and to check out their website. The SPRD
Committee will be meeting on October 19.
Upcoming Meetings:
We are meeting Wednesday, October 20 on four preliminary subdivision plans, the continued
public hearing on 440 Bedford Street, and will discuss the reports, and Historic District Article 9.
We are not sure if October 27 will be needed. November 3 is the public hearing on the Citizen
Petition and two sketch PSDUPs. The Board should be prepared to meet at 6:00 pm before each
night of Town Meeting.
Minutes for the Meeting of October 13, 2021 Page 7
Review Meeting Minutes for September 22, 2021:
Robert Peters moved that the Planning Board approve the minutes of the September 22, 2021
meeting as submitted. Michael Schanbacher seconded the motion. The Planning Board voted
in favor of the motion 5-0-0 (Roll call: Robert Peters – yes; Michael Schanbacher – yes;
Melanie Thompson – yes; Robert Creech – yes; Charles Hornig – yes). MOTION PASSED.
Adjourn
Robert Peters moved that the Planning Board adjourn the meeting of October 13, 2021.
Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion
5-0-0 (Roll call: Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes;
Robert Creech – yes; Charles Hornig – yes). MOTION PASSED
Meeting adjourned at 10:39 pm
Lex Media recorded the meeting.
The following documents used at the meeting can be found on the Planning Board website in Planning
Board packets.
440 Bedford Street:
LEED Checklist (2 pages).
Ed Grant Cover letter dated August 223, 2021 (3 pages).
Stormwater Management Plan dated August 20, 2021 (159 pages).
Landscape Plan dated August 23, 2021 (3 pages).
Lighting Plan dated August 18, 2021 (1 page).
Plan set dated August 23, 2021 (3 pages).
Application dated August 23, 2021 (5 pages).
Transportation Impact Assessment dated August 21, 2021 (129 pages).
Architectural Plans dated August 23, 2021 (1 page).
Lexington preferred Planting List dated September 8, 2021 (5 pages).
Staff memo dated October 8, 2021 (9 pages).
Town Meeting Zoning:
Diversity, Equity, Inclusion, and Permitting Presentation dated October 6, 2021 (3
pages).
Structures in Yards Presentation dated October 6, 2021 (6 pages).
Solar Energy Systems Presentation dated October 6, 2021 (3 pages).
Residential parking Presentation dated October 6, 2021 (3 pages).
Revised Draft amendment OSRD dated September 27, 2021 (4 pages).
Hartwell Innovation park directional signs presentation dated October 20, 2021 (5
pages).
Michael Schanbacher, Clerk of the Planning Board