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HomeMy WebLinkAbout2022-05-18-PB-min PLANNING BOARD MINUTES MEETING OF May 18, 2022 Minutes of the Lexington Planning Board Held on May 18, 2022, Virtual Meeting at 6:00 pm Present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Robert Creech; Charles Hornig; and Michael Leon, Associate Member. Also present was Abby McCabe, Planning Director. Melanie Thompson joined the meeting while in progress. Robert Peters, Chair, called to order the meeting of the Lexington Planning Board on Wednesday, May 18, 2022, at 6:00 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. Peters conducted a roll call to ensure all members of the Planning Board and members of staff present could hear and be heard. Mr. Peters 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. **********************BOARD ADMINISTRATION************************* Comprehensive Plan Update: Chris Herbert, co-chair of the Comprehensive Plan Advisory Committee (CPAC), was present and said tonight he was formally passing the baton from the CPAC to the Planning Board for a review of the draft Comprehensive Plan. Mr. Herbert gave a recapitulation of what has happened since February 2022 and the anticipated process going forward. Ms. Daphne Politis and Ms. Martha Lyon, consultants, were present to provide what they would be looking for from the Planning Board. Ms. McCabe gave a quick summary of the projected process. Melanie Thompson joined the meeting in progress. Ms. Lyon said the draft comprehensive plan has three volumes and the Planning Board will be focusing on the main volume one which is the implementation of the plan. She gave a background of what was incorporated into that first volume. Ms. Politis presented a list of what they wanted the Planning Board to look for in reviewing volume one of the Comprehensive Plan. Ms. Politis said she would be sending the list to Ms. McCabe who will send it to the Planning Board for feedback. Mr. Peters thanked everyone who was involved in this process. Page 2 Minutes for the Meeting of May 18, 2022 *******************DEVELOPMENT ADMINISTRATION******************** 440 Bedford Street – Public hearing to modify the 2021 site plan review approval to construct a seventh floor on the parking garage: Mr. Peters opened the public hearing. Present were Ed Grant, attorney, who introduced the team; Elisha Long and Sam Schaefer, applicants from Trammell Crow Co.; Randy Craig, landscape architect from Halvorson Design; Garrett Horsfall, project engineer from Kelly Engineering; Sean Kelly, traffic expert from Vanasse Associates; and Taylor Walker, from Dimella Shaffer Associates. Mr. Grant explained why the applicant was requesting a modification to the 2021 site plan review approval. Mr. Schaefer said they were looking to increase the number of parking spaces that they had requested in the original approval in 2021 so they could remain competitive in the existing market for life science buildings. Mr. Horsfall presented the requested site plan modifications for the garage, pedestrian improvements, access drive reduction, and the addition of 126 parking spaces. Mr. Kelly presented the traffic impacts and said their proposed impact mitigations that were originally made would remain the same since the analysis of peak time impact on traffic from the original proposal would remain the same. Board Member Comments and Questions:  Mr. Creech asked for clarification on a number of items in the staff document that was sent to the Applicant.; ITEM 4: the Applicant confirmed that a bus shelter would be added if approved by MASS DOT o ITEM 7: Although he saw no easy answer, Mr. Creech hoped that 420 and 440 Bedford Steet would be able to share a curb cut.  He asked Ms. McCabe if the provision of 175.7.2 regarding Intersections would apply to the distance between curb cuts. It would not. o ITEM 8: He confirmed that “The traffic engineer” was the Applicant’s traffic engineer. o ITEM 9: he asked for an example of what would make the solar panels infeasible. Mr. Creech stated that not installing solar panels would be a missed opportunity. o Aside from the Staff comments, he repeated what he had stated at a previous meeting, i.e., that the property owners of 420 and 440 Bedford Street should create a pedestrian connection between the two properties. There is benefit to both property owners since there will be a restaurant at 440 Bedford Street.  Mr. Hornig had no questions.  Ms. Thompson asked for clarification if the applicant was removing the pedestrian access/bridge and replacing it somewhere else and, if not replacing it, where would people walk. She wanted to make sure there would be no negative impacts on pedestrian and handicapped access.  Mr. Schanbacher said that the pedestrian experience from the garage to the building is now very different from what was originally proposed. He asked Minutes for the Meeting of May 18, 2022 Page 3 regarding equity what would the experience for an able-bodied person as opposed to a person with a disability be for this proposed change.  Mr. Peters asked for clarification that since the new height of the building is 70 feet, if looking from the north side of Bedford Street would it be seen looking head on. He hoped that the applicant would be able to do a solar installation on the roof of the building. He asked for clarification that the building would still be for a bio-tech building and asked if the requested increase in parking is due to tenanting up for another type of higher-density use. He would support the construction, but if the parking isn’t needed, to use the space for alternate uses other then parking. What lighting would you be using for parking?  Ms. McCabe asked for lighting plans to be submitted to staff.  Mr. Leon asked for clarification on what are the trends that were presented to you regarding parking by the brokerage community and existing tenants in the market. He also asked for clarification about why they were changing the pedestrian access from being enclosed to not being enclosed. Audience Comments and Questions:  A representative of the local construction workers asked the developer to give them the opportunity to construct this building. Board Member Comments and Questions:  Mr. Hornig said to make sure that they meet the standards of lighting in the zoning and it should not have detectable glare at the property boundaries. The Board discussed the proposed draft decision. Board Member Comments and Questions on the draft decision:  Mr. Creech asked if an engineer would be the right person to certify, via a stamped letter, that installation of solar panels was infeasible.  Mr. Schanbacher suggested a design professional should sign the letter.  Mr. Hornig said the applicant will have to submit the lighting and photometric plan to the building commissioner so it is not really necessary to have him run it by us first.  Ms. Thompson had no questions.  Mr. Peters was fine with the submission of the lighting plans going to the Building Commissioner.  Mr. Hornig said the decision should include that the applicant shall submit all plans that comply with the zoning bylaw and applicable site plan review design regulations. Michael Schanbacher moved that the Planning Board close the public hearing on the modification to the 2021 site plan review for 440 Bedford Street. Melanie Thompson 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. Michael Schanbacher moved that the Planning Board approve the modification to the 2021 Site Plan Review for 440 Bedford Street and accept the plans revised through May 17, 2022, as outlined in the draft approval including all conditions as amended at the May 18, 2022 Page 4 Minutes for the Meeting of May 18, 2022 hearing with any necessary grammatical or typographical corrections Ms. McCabe had up earlier. Melanie Thompson 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. 420-430 Bedford Street – Public hearing for a Definitive Subdivision to subdivide the property into three lots and add a small cul-de-sac: Mr. Peters opened the public hearing. Present were Mr. Rick DeAngelis, attorney for Boston Properties, and Mr. Nick Skoly, project engineer from VHB Associates. Mr. DeAngelis provided the history of this proposed definitive subdivision project and that they were requesting a freeze on the zoning and were asking for a waiver from the requirement for the completion of construction of all ways and services within two years to extend to a period of 8 years to match the zoning freeze. Mr. Skoly presented the updated plans for a three-lot subdivision and a cul-de-sac off the right of way on Bedford Street. He explained that there have not been any substantial changes since the preliminary approval and explained that there is no intention of building on these lots at this time. If they did build they would need to go through the Conservation Committee to address the Conservation restriction. Mr. DeAngelis said he was the one who drafted the Conservation restriction and understands the restriction. Mr. Skoly reviewed their responses to previous Planning Board comments and questions from the preliminary plan. Board Comments and Questions:  Mr. Hornig said there was a few minor issues with the plans: plan 2 should reference the CM District; plan 4 should correct the front yard setback; Plan 5 should correct the district name, dimensional standards, and setbacks; the utilities do not seem to be in the right of way and would need an easement; and on the property rights plan, the fire hydrant is on lot 1 without an easement. These plans need to be updated to reflect these changes. We need to add a condition that Town Counsel will review the easements later. The waiver request does not show good cause for an extension to build the subdivision ways and utilities to the 8 years allowed for a zoning freeze.  Ms. Thompson said this was a lot of work if you are not planning to build.  Mr. Schanbacher asked for clarification on what would need to be constructed is only for the cul-de-sac and the associated utilities.  Mr. Peters had no questions.  Mr. Creech asked for a clarification on the purpose of lot 1.  Mr. Leon asked for clarification if the plan is going to be recorded.  Ms. McCabe said the applicant should be mindful before recording any plan to not create any zoning violations that would make your lots would become non- conforming. Ms. McCabe said that staff and the Board would review the covenant before signing the final plans. The Board reviewed and discussed the proposed draft decision. Board Comments and Questions on the draft decision:  Mr. Hornig said the waiver should be in the public interest and not the applicant’s interest.  Mr. Peters said the waiver has not been shown to be in the public interest. Minutes for the Meeting of May 18, 2022 Page 5  Mr. Creech agreed that the waiver was not in the public interest. Michael Schanbacher moved that the Planning Board not approve the waiver request for 420- 430 Bedford Street. Melanie Thompson 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. Board Comments and Questions on the draft decision:  Mr. Hornig said to correct the spelling of his name, the setback on Bedford Street isn’t 0 feet along the lines and should be 40 feet, and the zoning table needs to be adjusted.  Ms. Thompson, Mr. Schanbacher, Mr. Creech, Mr. Peters and Mr. Leon had no comments. Michael Schanbacher moved that the Planning Board close the public hearing for 420-430 Bedford Street. Melanie Thompson 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. Michael Schanbacher moved that the Planning Board approve the definitive subdivision plan for 420-430 Bedford Street as outlined in the draft approval including all conditions as amended at the May 18, 2022 hearing and any necessary grammatical or typographical corrections. Melanie Thompson 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. The Board recessed from 8:07 to 8:13 p.m. **********************BOARD ADMINISTRATION************************ Review Draft Action Plan required to be submitted to the Department of Housing & Community Development (DHCD) to maintain interim compliance for MBTA Communities: Ms. McCabe explained the MBTA Communities Guidelines for new zoning districts for multi-family housing allowed by right. She presented the draft work plan and timeline for a public forum, public hearings in order to be ready for annual town meeting and meet the proposed requirements for full compliance in December 2023. To maintain the interim compliance with the state an action plan is required by DHCD and the Board discussed the proposed plan for compliance. Board Comments and Questions on the draft action plan:  Ms. Thompson agreed with the outreach starting early and agree with the points Ms. McCabe made.  Mr. Schanbacher asked for clarification if we need any other approval from the Town like the Select Board. He liked the proposed timeline and noted it will help to make sure the board hits these time frames. Mr. Creech agreed with the public outreach and believes the public will buy in. He asked if Ms. McCabe will make phone calls to stakeholders? He is pleased we have a plan and he will look at it further. Page 6 Minutes for the Meeting of May 18, 2022  Mr. Peters said board liaisons can inform the groups they are affiliated with.  Mr. Schanbacher asked for clarification if this would be a simple majority or a two-thirds vote at Town Meeting. If we take a diverse approach on each zone we could propose more zones so we can hit the minimum requirements?  Mr. Hornig said we should move forward and adopt the action plan now to set clear guidance to the community and DHCD that we are moving forward with this. We need to understand this is a work in progress and will need to adjust time frames as we go forward.  Mr. Leon said this was a great job. He asked when we have to submit the action plan. He said we should use it as a Planning Board guideline, but wait to submit the action plan. He had concern about presenting individual zoning articles to Town Meeting.  Mr. Peters asked if we submit this action plan now is there any reason we could not send an amended interim action plan if needed.  Ms. McCabe said we could add a row that says we will review when final guidelines come out and adjust as necessary. Mr. Peters asked if the Board wants to approve and submit the action plan tonight or review it over the next two weeks.  Ms. Thompson said waiting two weeks is good for her.  Mr. Schanbacher said adopt it tonight.  Mr. Creech said he was fine with either.  Mr. Hornig said adopt tonight with the added row and submit when appropriate.  Mr. Leon said adopt tonight and hold onto it and not file it immediately.  Mr. Peters said to adopt tonight.  Ms. McCabe said she thought it would be advantageous to finalize next week and add a note that exact time and dates may change based on workload.  Mr. Leon suggested that we may want to run this by the Select Board before submitting this action plan to DHCD. Michael Schanbacher moved that the Planning Board adopt the draft action plan with the modifications made tonight. Melanie Thompson 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. Staff Updates: Ms. McCabe said there was a vision zero meeting tonight to reduce accidents on roadways. The Historical Commission met with an applicant who submitted a proposal to relocate of the Hosmer House, which was approved by the Select Board. This will require a subdivision approval by the Planning Board at a later date. thth The poll for July 20 and 27 showed the best dates for additional Planning Board work sessions to review proposed zoning. Minutes for the Meeting of May 18, 2022 Page 7 Board Member Updates: There were no updates Upcoming Meetings: stthth June 1, 29, and July 13 are the next meeting dates. Review of Meeting Minutes for May 4, 2022: Michael Schanbacher moved that the Planning Board approve the minutes of May 4, 2022, as amended tonight. Melanie Thompson 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 Michael Schanbacher moved that the Planning Board adjourn the meeting of May 18 2022. Melanie Thompson 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 9:04 p.m. Lex Media recorded the meeting. The following documents used at the meeting can be found on the Planning Board website in Planning Board packets. Comprehensive Plan:  Staff memo to Planning Board dated May 10, 2022 (2 pages).  Draft Comprehensive Plan Work Plan (3 pages). MBTA Communities Multi-Family DHCD action Plan for interim compliance:  Draft Action Plan dated April 28, 2022 (4 pages).  MBTA March 9, 2022 presentation from the Select Board Meeting (19 pages).  Draft Compliance Guidelines for Multi-family Districts (11 pages). 440 Bedford Street:  Applicant’s response to comments dated May 16, 2022 (3 pages).  Staff memo dated May 13, 2022 (5 pages).  Updated plans dated May 16, 2022 (11 pages).  Draft decision dated May 18, 2022 (6 pages). 420-430 Bedford Street:  Staff memo dated May 11, 2022 (3 pages).  Waiver request dated May 16, 2022 (1 page). Melanie Thompson, Clerk of the Planning Board