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PLANNING BOARD MINUTES
MEETING OF DECEMBER 1, 2021
Minutes of the Lexington Planning Board
Held on December 1, 2021, Virtual Meeting at 7:00 pm
Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Robert
Creech, Melanie Thompson. Also present was Eve Tapper, Administrative Interim Planner.
Charles Hornig, Chair, called to order the meeting of the Lexington Planning Board on
Wednesday, December 1, 2021, at 7:05 pm. For this meeting, the Planning Board is
convening by video conference via Zoom. LexMedia 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 could 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.
Mr. Hornig formally introduced the Interim Planner Eve Tapper.
*******************DEVELOPMENT ADMINISTRATION********************
10 Maguire Road, Public Hearing definitive subdivision plan (non-residential):
Mr. Hornig opened the public hearing. Present were the development team Peter Tamm,
attorney, Goulston & Storrs; Terry Ford from Greatland Realty Partners, David Robinson
from Allen and Majors Associates.
The Applicant’s team provided the following summary of the project: The property at 10
Maguire Road will be subdivided into three (3) lots. Lot 3 will have frontage along the
subdivision road. Lots 1 and 2 will continue to have frontage along Maguire Road, a
public way in the Town of Lexington.
Planning Board comments and Questions:
Robert Creech encouraged the applicant to consider accommodating sidewalks
along the entire length of the Maguire Road frontage.
Charles Hornig noted that the submittal does not include a landscape plan. He
asked whether the applicant was proposing an easement over Lot 1 to provide
water and sewer connections for any future buildings on Lots 2 and 3. Mr.
Hornig was also interested in whether the applicant had determined if it will be
possible to match the sewer inverts in the subdivision to the ones on Maguire
Road. Finally, Mr. Hornig recommended that the Board’s decision for the
definitive subdivision include conditions regarding deadlines for preparing a final
plan for endorsement by the Planning Board and for the start of construction of
the Subdivision itself.
Public comments and Questions:
Page 2 Minutes for the Meeting of December 1, 2021
There a request for clarification on the types of buildings that may be built on the
two newly created lots.
Robert Peters moved that the Planning Board continue the public hearing to
Wednesday December 15, 2021 at 7:00 p.m. Michael Schanbacher seconded the
motion. The Planning Board voted in favor of the motion 5-0-0 (roll call: Bob Creech –
yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes;
Charles Hornig - yes) MOTION PASSED
***************************TOWN MEETING*****************************
Decision for Sketch Plan PSDUP for 95-99 Hayden Avenue (128 Spring Street)
Annual Town Meeting:
The Board discussed the draft decision for 95-99 Hayden Avenue incorporating
comments received from Board Members.
Robert Peters moved that the Planning Board adopt the report on the sketch PSDUP
for 95-99 Hayden Avenue with corrections as modified and staff authorized to correct
scrivener’s errors. Michael Schanbacher seconded the motion. The Planning Board
voted in favor of the motion 5-0-0 (roll call: Bob Creech – yes; Robert Peters – yes;
Michael Schanbacher – yes; Melanie Thompson – yes; Charles Hornig - yes)
MOTION PASSED
Decision for Sketch Plan PSDUP for 475 Bedford Street Annual Town Meeting:
Mr. Peters recused himself from this project.
The Board discussed the draft decision for 475 Bedford Street with comments received
from Board Members added.
Michael Schanbacher moved that the Planning Board adopt the report on the sketch
PSDUP for 475 Bedford Street with corrections as modified and staff authorized to
correct scrivener’s errors. Robert Creech seconded the motion. The Planning Board
voted in favor of the motion 4-0-0 (roll call: Bob Creech – yes; Michael Schanbacher –
yes; Melanie Thompson – yes; Charles Hornig - yes) MOTION PASSED
Mr. Peters rejoined the meeting.
*******************DEVELOPMENT ADMINISTRATION********************
12 Summit Road, Public Hearing Public Benefit Development:
Mr. Hornig opened the public hearing. Present was the development team Fred Gilgun,
attorney, Nicholson, Sreter and Gilgun, PC; Ozan Dikmecioglu, owner; Michael Novak,
engineer, Patriot Engineering; and Jeff Thoma, landscape architect, J Thoma Land
Design Studio. Mr. Gilgun gave a brief overview of the changes since the last
presentation of the sketch plan. Mr. Novak presented the existing conditions plan, site
analysis plan, property rights plan, proposed parking construction plan, site construction
plan, and utility plan. Mr. Thoma presented the landscape plan, planting plan and
materials plan.
Board Member Comments and Questions:
Minutes for the Meeting of December 1, 2021 Page 3
Ms. Thompson asked for clarification on the size of the affordable unit and asked
if there will also be a market unit the same size.
Mr. Peters asked for clarification of the gross floor area tables for the proposed
development.
Mr. Creech had no questions.
Mr. Schanbacher had a concern that there was a tremendous amount of paving
and wanted to know if they could look for ways to minimize any of that
pavement.
Mr. Leon asked for clarification on why this proposed project was being shown as
three separate parcels instead of just one parcel. He also asked for clarification on
how the new proposed development will be screened and how it will appear from
the existing street. Mr. Leon asked if the applicant would consider rotating the
unit three and pushing it back from the street. He asked for clarification on if there
were any planned enhancements for the undeveloped or overgrown places on the
site. Were there any elevation plans included in this submission?
Mr. Hornig asked for clarification on why you eliminated the multiple dwellings
other than the existing large house from the previous sketch plan and why you
believe that this is the best approach for this site. In terms of the driveway please
use the existing easement to preserve the sunken garden and work with the
owners of 8 Summit Road since he believed that was the original intent of the
easement. Mr. Hornig said he would like a historic preservation restriction from
the Historical Commission for the exterior of the house and other historic features
on the site and the applicant should reach out to the Commission sooner than
later.
Mr. Creech asked for clarification on how tall unit three will be and will it block
the view of the existing house from the street angle.
Public Comments and Questions:
The attorney for some neighbors said there were 13 application deficiencies
which he presented for missing submission plans, and continued that the open
space was steep slopes and not useable land, requested the floor plans, wanted the
Planning Board to have this proposed project peer reviewed, and requested a
geotechnical study be done to determine impacts to surrounding properties.
A downhill neighbor was concerned about the increase in impervious surface and
water runoff. In the past when there was a change there was additional water
runoff that created a sheet of ice during the winter and the neighbors had to
correct it at their own cost. Who will pay for mitigation of new water issues that
may develop due to this new proposed development?
A clarification was requested on how the units will be heated; the affordable units
built by the Town through LexHab are all heated fossil-fuel-free.
There was concern expressed to make sure that affordable units are not second
rate, the view from Bridle Path should be considered, and that a lot of things were
missing from the application and this project was not ready for prime time.
There was concern expressed that the proof plan submitted was not a valid proof
plan and needs to be carefully examined.
There was concern raised about the proposed sewer system since the existing
system would now be accommodating six units instead of one plus the additional
Page 4 Minutes for the Meeting of December 1, 2021
stormwater run-off and would need to be professionally reviewed to make sure it
can accommodate the increase in units.
Does the developer plan to include a commitment to green building practices and
low impact development techniques and how will the Planning Board enforce
these?
There was concern regarding the lack of stormwater run-off control. There was
also concern expressed about destroying the retaining walls by the back units for
the proposed site. There was concern that there may be an issue with blasting if
needed and could propose damage to older house foundations located on that
same rock bed. What steps will the Planning Board take before voting on this
special permit?
The special permit is to protect and preserve historically significant properties and
this plan does not do that. Unit three is much closer to the road then the other
houses on the street. This is not a complementary setback.
There was concern expressed about how the 28% increase in units impacts the
livability and density scale requirements of the neighborhood.
There was approval for the recommendation for a Historic restriction. In June we
sent a letter to the developer to have some input in this plan, but have not heard
back from them.
There was concern about how this would impact the value of their property that
they want to sell soon and whether this type of development is allowed
everywhere in Lexington.
Robert Peters moved that the Planning Board continue the public hearing to
Wednesday, January 5, 2022. at 7:00 p.m. Michael Schanbacher seconded the motion.
The Planning Board voted in favor of the motion 5-0-0 (roll call: Bob Creech – yes;
Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes; Charles
Hornig - yes) MOTION PASSED
***************************TOWN MEETING*****************************
Annual Town Meeting Priorities:
Mr. Hornig presented items that were the previous initiatives of the Board to bring
forward for the Annual Town Meeting. Due to staffing changes the planning staff support
is limited and the Board discussed what they felt were the new priorities they wanted to
bring forward. The final discussion will be decided on December 15.
The consensus of the Board was to keep the momentum going on housing for the low-
rise, mid-rise, and mixed use.
***********************BOARD ADMINISTRATION************************
Board Member Updates:
Mr. Hornig gave an update on the SPRD Committee. They will not bring anything to this
Annual Town Meeting and want to talk to the Planning Board once they have a chance to
figure out where they are now.
Upcoming Meetings:
The Planning Board briefly discussed upcoming meetings. There is no meeting on December 8.
December 15, 2021 is 840 Emerson Gardens, a CPAC presentation, 10 Maguire Road, and a vote
on warrant language. January 5, 2022 is the 12 Summit Road continued public hearing and
Minutes for the Meeting of December 1, 2021 Page 5
January 19, 2022 is tentatively for 75 Outlook Drive and 69 Pleasant Street. There will be public
hearings on February 2 and 16, 2022 for the Annual Town Meeting.
Review Meeting Minutes for November 8, 9, 10, 15, 16, and 17, 2021:
Mr. Peters said that in the November 10, 2021 the meeting minutes need to reflect he recused
himself from the 475 Bedford Street project.
Robert Peters moved that the Planning Board approve the minutes of the November 8, 9, 15,
16, and 17, 2021 meetings as submitted and November 10, 2021 as amended. Michael
Schanbacher seconded the motion. The Planning Board voted in favor of the motion 5-0-0
(Roll call: Bob Creech – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie
Thompson – yes; Charles Hornig – yes). MOTION PASSED.
Adjourn
Robert Peters moved that the Planning Board adjourn the meeting of December 1, 2021.
Michael Schanbacher seconded the motion. The Planning Board voted in favor of the motion
5-0-0 (Roll call: Bob Creech – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie
Thompson – yes; Charles Hornig – yes). MOTION PASSED
Meeting adjourned at 10:30 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.
10 Maguire Road:
Subdivision Plan Set dated September 24, 2021 (13 pages).
Staff memo to Planning Board dated November 22, 2021 (3 pages).
Revised Staff memo to Planning Board dated November 30, 2021 (3 pages).
Application dated September 24, 2021 (6 pages).
Drainage report dated September 24, 2021 (57 pages).
Project memo from Applicant dated September 24, 2021 (42 pages).
12 Summit Road:
Subdivision Plan Set dated October 18, 2021 (11 pages).
Staff memo to Planning Board dated November 22, 2021 (3 pages).
Application dated October 18, 2021 (5 pages).
Stormwater report dated October 18, 2021 (134 pages).
Staff memo to Planning Board dated November 24, 2021 (4 pages).
Revised Subdivision Plan Set Public Benefit Development dated December 1, 2021 (13
pages).
Civil Engineer Form (1 page).
Landscape architect form (1 page).
Letter regarding easement dated December 1, 2021 (4 pages).
Power point presentation dated December 1, 2021 (13 pages).
Michael Schanbacher, Clerk of the Planning Board