HomeMy WebLinkAbout2021-12-15- PB-min
PLANNING BOARD MINUTES
MEETING OF DECEMBER 15, 2021
Minutes of the Lexington Planning Board
Held on December 15, 2021, Virtual Meeting at 7:00 pm
Present: Charles Hornig, Chair; Robert Peters, Vice-Chair; Michael Schanbacher, Clerk; Robert
Creech, Melanie Thompson. Also present were Eve Tapper, Administrative Interim Planner and
Molly Belanger, Planner.
Charles Hornig, Chair, called to order the meeting of the Lexington Planning Board on
Wednesday, December 15, 2021, at 7:03 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.
*******************DEVELOPMENT ADMINISTRATION********************
840 Emerson Gardens, Public Hearing Modification to Special Permit:
Mr. Hornig opened the public hearing. Present were for the project team were Mr. John
Farrington, attorney; Mr. Scott Seaver; owner applicant; and Mr. Tim Sullivan, project
manager. Mr. Farrington explained that the applicant wanted to eliminate the requirement
for the carport and solar panels that would be on top of the carport. Mr. Farrington
provided some alternatives for either a ground mounted solar panel array or solar panels
to the roof of one of the buildings that were already built. Mr. Sullivan presented the
specific information on the solar panel array and for the energy that would be generated
by the panels. The cost would be just under $38,000 and there would be enough surety
being offered in exchange for the issuance of certificates of occupancy.
Planning Board Comments and Questions:
Mr. Hornig said it seemed like surety was in the ballpark for cost.
Ms. Thompson was not on the Board in March and wanted to hear from others
first.
Mr. Creech was fine as long as we are talking about doing some kind of solar
array and had no questions.
Mr. Schanbacher asked for clarification on what was the relative power that
would be generated in the original proposal as opposed to what is now being
proposed.
Mr. Peters asked for clarification on whether the roof-mounted solar array was the
preferred option.
Mr. Hornig asked if they were up against the site coverage limit. Mr. Hornig said
Page 2 Minutes for the Meeting of December 15, 2021
it was cheaper to put solar panels on the roof. He recommended the best way to
address this is to put in a condition that you install so many KW DC of solar
panels somewhere on the site as long as you meet all the other constraints and add
the estimated cost to the surety plus a 15% contingency and provide $50,000 to
$60,000 for surety.
Public Comments on the discussion of the solar:
There was a question on why you were not proposing to provide enough solar to
for the entire needs of this development? The Town has voted a number of times
on the commitment to reduce the carbon footprint and if you have the capability
you might consider it a possibility which would show a great commitment to
Lexington.
Mr. Farrington and the Board discussed a calculation on the amount proposed for the
surety of $100,000 which included the solar array plus $15,000 contingency for a total of
$115,000. This would be in the form of a performance bond.
Board Comments and Questions:
Ms. Thompson had no problem with the surety.
Mr. Creech asked for clarification on the size of the solar array. He had no
problem with the surety.
Mr. Schanbacher had no problem with the surety.
Mr. Peters asked if there was any tree canopy that would shade the roof. He had
no issue with the surety.
The only open issues are the easement of the trails that are before the Select Board on
th
December 20 for acceptance and the a plan of common open space for a minimum of
33% of common open space.
Robert Peters moved that the Planning Board close the public hearing for the special
permit modification for 840 Emerson Gardens. 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
Robert Peters moved that the Planning Board amend the special permit for condition
#53 to construct and operate the installation of a solar energy system to produce a
minimum of 12.6 KW DC. 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
Robert Peters moved that the Planning Board accept a performance bond in the
amount of $115,000 as a performance guarantee to insure compliance with all the
conditions of the special permit and permit the Building Department to issue
Certificates of Occupancy. 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
Minutes for the Meeting of December 15, 2021 Page 3
*******************DEVELOPMENT ADMINISTRATION********************
10 Maguire Road, Continued Public hearing Definitive Subdivision (non-
residential):
Mr. Hornig opened the continued public hearing. Present was Terry Ford from Greatland
Realty Partners who said that comments were sent to the staff with some slight changes
to Conditions of Approval numbers 17 & 18 and in findings to add that the Board of
Health had no comments.
Mr. Hornig had an issue with the proposed changes to 17, which was not accepted, but
was fine with the changes to number 18 if it was relocated somewhere else in the
decision.
Robert Peters moved that the Planning Board close the public hearing on the definitive
subdivision plan for 10 Maguire Road. 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
Robert Peters moved that the Planning Board approve the definitive subdivision plan
for 10 Maguire Road as amended at the meeting tonight and the chair be authorized to
correct any further errors or edits needed to correct the plan. 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
109 Reed Street (Kay Tiffany Way), Lot release:
Mr. Cataldo, applicant was present and asked for a lot release for Kay Tiffany Way in
exchange for surety in the amount of $80,000.
Robert Peters moved that the Planning Board accept surety in the amount of $80,000
for the release of lots at 109 Reed Street / Kay Tiffany Way and to authorize the chair
to execute any documents to effectuate the surety release. 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
29 Rangeway, Lot Release:
Mr. Peters recused himself with regards to this matter.
Michael Schanbacher moved that the Planning Board accept the Tri-Partite
Agreement in the amount of $79,550 for the release of covenant at 29 Rangeway so the
lot can be sold and a building permit can be issued and to authorize the chair to
execute any documents to effectuate the surety release. Bob 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
Page 4 Minutes for the Meeting of December 15, 2021
Mr. Peters rejoined the meeting. Mr. Leon joined the meeting in progress at 8:27 p.m.
22 & 24 Muzzey Street, Approval Not Required:
Robert Peters moved that the Planning Board endorse the ANR plan at 22 & 24
Muzzey Street as it does not show a subdivision. 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 Warrant:
Mr. Hornig presented three proposed warrant articles to request that the Select Board add
to the warrant for the 2022 Annual Town Meeting.
1. Amend the Special Act to permit the Chair of the Planning Board to participate in
Town Meeting deliberations.
Robert Peters moved that the Planning Board request the Select Board place this
proposed article in substantially this form on the 2022 Annual Spring Town Meeting
warrant. Michael Schanbacher seconded the motion. The Planning Board voted in
favor of the motion 4-1-0 (roll call: Bob Creech – no; Robert Peters – yes; Michael
Schanbacher – yes; Melanie Thompson – yes; Charles Hornig - yes) MOTION
PASSED
2. Amend the Zoning Bylaw for Open Space Residential Developments
Board Comments:
Mr. Creech did not like this proposal since it was by right instead of by special
permit.
Mr. Peters supported asking this to be placed on the warrant for the Annual
Spring Town Meeting.
Mr. Leon believed the language may be too limited and should be broadened to
allow for accommodations that may come up between now and the Annual Spring
Town Meeting with the SPRD committee and state guidelines.
Public Comments:
There was concern expressed that there were a lot of fairly big questions at the
last Fall Town Meeting about what could really end up happening and what this
really means. We need to give a more in-depth study to this issue.
Robert Peters moved that the Planning Board request that the Select Board place this
proposed article in substantially this form on the 2022 Annual Spring Town Meeting
warrant. Michael Schanbacher seconded the motion. The Planning Board voted in
favor of the motion 4-1-0 (roll call: Bob Creech – no; Robert Peters – yes; Michael
Schanbacher – yes; Melanie Thompson – yes; Charles Hornig - yes) MOTION
PASSED
Minutes for the Meeting of December 15, 2021 Page 5
3. Mr. Hornig said that Town Counsel asked that a placeholder be added to the
warrant for the 2022 Spring Annual Town Meeting to make a technical correction
on the language that was inadvertently deleted from the Structures in Yards
zoning bylaw amendment approved at the last Town Meeting. The language is not
available at this time since it is a last minute addition, but will be before it goes to
print.
Robert Peters moved that the Planning Board request that the Select Board insert a
placeholder on the 2022 Annual Spring Town Meeting warrant to confirm the vote of
Fall 2021 Special Town meeting regarding the height of solar canopies. 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
4. Mr. Hornig presented the proposed article to Amend Zoning Bylaw and Zoning
Map for Mixed-Use Developments and Multi-Family Housing. Some possible
locations in town were discussed.
Board Comments:
Ms. Thompson believed this is very big for Lexington and without a lot of staff
support maybe do something smaller that helps to explain the “Housing Choice
Law”. Do a smaller piece, but explain a lot.
Mr. Creech would be interested in doing something in the Lexington Center.
Mr. Schanbacher agreed with Ms. Thompson we need to lay the groundwork and
have an incremental approach.
Mr. Peters agreed with Mr. Schanbacher on doing an incremental approach and
have a placeholder put on the warrant for the Annual Town Meeting. He
supported bringing forward something.
Mr. Leon agreed that it should be brought forward and could be withdrawn if it
became too complicated with the boundaries of the areas/districts. This could be
hard to figure out.
There was discussion on inclusionary housing.
Robert Peters moved that the Planning Board request that the Select Board place this
proposed article in substantially this form on the 2022 Annual Spring Town Meeting
warrant. 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
Mr. Hornig will draft a letter to the Select Board and in January the Board will have to
agree on the draft language. Mr. Leon asked if there could be additional technical support
or have a consultant to supplement the limited staff resources to help to support this
effort. Mr. Hornig was not sure.
Page 6 Minutes for the Meeting of December 15, 2021
***********************BOARD ADMINISTRATION************************
Discussion of Lexington Next Progress:
Ms. Thompson said this has been pushed out since it is not ready. Mr. Creech said the
working groups have more to do and there are no working groups for diversity and
sustainability at this time. There is a CPAC meeting tomorrow night. The Board
discussed the desire to have a timeline for the possible completion of the Comprehensive
Plan.
**********************BOARD ADMINISTRATION************************
Board Member Updates:
Mr. Hornig said the Town has posted an advertisement for a new Planning Director.
Mr. Creech attended the Greenway Committee Meeting.
Upcoming Meetings:
thth
The Planning Board briefly discussed upcoming meetings for January 5 and 19 with two site
sensitive developments at 69 Pleasant Street and 75 Outlook Drive. There will be two meetings
in February.
Review Meeting Minutes for November 3, 2021:
Robert Peters moved that the Planning Board approve the minutes of November 3, 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.
Adjourn
Robert Peters moved that the Planning Board adjourn the meeting of December 15, 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 9:42 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:
Draft decision (8 Pages).
840 Emerson Gardens:
Staff memo to Planning Board dated December 6, 2021 (2 pages).
Applicant memo to Planning Board dated October 19, 2021 (1 Page).
Application dated October 19, 2021 (5 pages).
109 Reed Street (Kay Tiffany Way):
Release of lots (2 Pages).
Minutes for the Meeting of December 15, 2021 Page 7
Supplemental Release of lots (2 Pages).
Performance Secured by deposit of money (3 Pages).
Cost to Construct dated November 15, 2021 )2 Pages).
29 Rangeway:
Tripartite Agreement dated December 2021 (4 Pages).
Release of Lots (2 Pages).
22 & 24 Muzzey Street:
Stamped in Application dated September 7, 2021 (5 Pages).
Plan of land ANR dated September 3, 2021 (1 Page).
Planning Board Work Plan dated October 13, 2021 (3 pages).
Michael Schanbacher, Clerk of the Planning Board