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PLANNING BOARD MINUTES
MEETING OF June 1, 2022
Minutes of the Lexington Planning Board
Held on June 1, 2022, Virtual Meeting at 6:00 pm
Present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Robert Creech, Melanie
Thompson, Clerk, Charles Hornig and Michael Leon, Associate Member. Also present were
Abby McCabe, Planning Director and Carol Kowalski, Assistant Town Manager for Land Use.
Robert Peters, Chair, called to order the meeting of the Lexington Planning Board on
Wednesday, June 1, 2022, at 6:02 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.
****************DRAFT COMPREHENSIVE PLAN REVIEW******************
Draft Comprehensive Plan Review Public Work Session for the following Sections:
Goal 7: Transportation & Circulation
Ms. McCabe explained that the draft plan presented tonight was revised through
mid-May. The Board has a staff memo that incorporated all comments and edits
received from staff, Board members, residents and others up until earlier today.
Additional comments received and discussed tonight will be incorporated and
then sent to the consultants. For discussion purposes tonight staff highlighted
some of the comments the Board should discuss tonight such as requests for new
action strategies. The final updated draft will be done in September after all
sections are reviewed by the Board. Ms. McCabe presented the updated draft with
the new recommendations.
Board Comments and Questions:
Ms. Thompson asked for clarification on how involved would it be for
the action steps for the Transportation Demand Management Study and
programs for staff for section 7.1.1?
Mr. Peters said they need to enhance enforcement of crosswalk
regulations for section 7.1.2.
Mr. Hornig said there was a suggestion in the staff memo for TMO
District Plans in section 7.1.3 that belongs in 7.1.1 and to add new
actions to develop transportation mitigation plans for Forbes/Marrett
Roads and South Lexington. Private roads need a whole new strategy
under section 7.1.1 with appropriate actions.
Page 2 Minutes for the Meeting of June 1, 2022
Mr. Leon asked for clarification on how curb cuts play into Site Plan
Review.
Mr. Hornig said the plan for the four new and emerging technology items
are not part of the bike and pedestrian plan and should be moved out of
section 7.2.1. The electrical vehicle action plan item should be moved to
section 7.5 with the other electrical vehicles items.
Ms. Thompson asked for clarification on footnote-12 Micromobility and
said it should be elevated.
Suggestions for section 7.3.1 parking strategies to add Battle Road
Scenic Bylaw and Historic Lexington Trolley Tours should be placed in
section 7.1 policies.
Mr. Leon said there needs to be a rationale to address parking issues,
what the next step is, and what we are trying to achieve.
Mr. Hornig suggested having a minimum and maximum based on
different parts of town for the parking issues.
Mr. Hornig said section 7.4 the new strategy does not go with expanding
transit options and should go somewhere in section 7.5. The 25% design
plan item should be clear if it is the one in process or a conceptual future
design for something else.
Mr. Hornig said in section 7.5.1 the parking ratio piece should be moved
to 7.3.3 with the other ratio pieces.
Mr. Leon said the strategy in section 7.5.2 has things included that are
not directly related to the Housing Choice Bill. He asked if the Mass
Gaming Commission had something Lexington is qualified for?
Mr. Peters asked on page two under existing transit resources if the
consultants confirmed that there is a connection to the Lowell Regional
Transit Authority in Burlington via LexPress. Ms. Barrett responded yes.
There were no public comments or questions.
*******************DEVELOPMENT ADMINISTRATION********************
12 Summit Road: Continued Public hearing for Public Benefit Special Permit
Residential Development:
Mr. Peters opened the continued public hearing. Present was Mr. Fred Gilgun, attorney,
who said the applicant requested this application be withdrawn without prejudice to seek
other options.
Michael Schanbacher moved that the Planning Board accept the applicant’s request to
withdraw without prejudice the public benefit special permit application submitted by 12
Summit LLC for the property at 12 Summit Road. 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 close the public hearing for 12 Summit
Road. Melanie Thompson seconded the motion. The Planning Board voted in favor of the
Minutes for the Meeting of June 1, 2022 Page 3
motion 5-0-0 (Roll call: Bob Creech – yes; Robert Peters – yes; Michael Schanbacher – yes;
Melanie Thompson – yes; Charles Hornig – yes). MOTION PASSED.
840 Emerson Gardens, Lily Pond Lane (Lexington Meadows) – Minor modification
request for increased impervious surface and underground infiltration behind
building 2 and parking change. Board will review surety and any remaining items:
Mr. Peters opened the continued public hearing. Present were Mr. Fred Russell, Project
Engineer, and Mr. Scott Seaver, of Seaver Construction, applicant. Mr. Russell explained
that there were two modifications being requested: one for increase of impervious
coverage and underground infiltration behind building 2 and a parking change. They had
to go back to Conservation due to the change in rainfall data which required them to do a
third infiltration system that they have not done yet.
Ms. McCabe presented a staff recommendation based on several site visits and found the
property to be very wet behind buildings 2, 3, & 4, in the back southwest corner of the
property, the pedestrian trail area, and building 2 where the new infiltration is proposed.
Staff recommended improvements so the applicant went to Conservation for the new
infiltration system and also recommends the applicant come back to the Planning Board.
Staff went back to the site and found water ponding that was taking a long time to drain
from the yards and believe this new infiltration will help. Ms. McCabe said additional
drainage measures may be needed to fix the ponding in the yards. She added if not
corrected prior to final occupancy any further improvements would be the responsibility
of the homeowners. Staff believes that this is a minor modification for drainage
improvements but should return the Planning Board to be reviewed before final
occupancy of the last two units. There were only a few signage items that still need to be
done. Mr. Russell addressed the drainage concerns that Ms. McCabe had presented by
saying the next month and a half by establishing the lawn area the water will disappear.
Mr. Tim Sullivan was on the phone to answer questions.
Board Comments and Questions:
Mr. Schanbacher had a concern that prior to today it has been very dry and was
trying to figure out the best course of action and if the establishment of a lawn
would address the ponding issue.
Ms. Thompson asked for the staff recommendation to be repeated. Ms. McCabe
repeated her recommendation stated above. Ms. Thompson wanted to see
pictures. Ms. McCabe said there were photos in the Novus packet and the
residents were invited to this meeting.
Mr. Creech said it did not look like a very serious attempt to sod or seed the area.
He asked for clarification that in one month there will be plenty of grass and the
situation will go away. He asked for confirmation that the $115,000.00 bond
being held would be to upgrade the drainage system. Ms. McCabe said the intent
of the bond is for the developer to finish the work that is already done and the
flooding in the yard would not be addressed. We would like to make sure these
final items are completed before occupancy of the last unit and before releasing
the bond. He said he does not understand why there is still no real grass there. Ms.
McCabe said there was a lot more grass in the last two weeks. Mr. Creech was
uncomfortable not listening to staff’s recommendations on this and maybe we
Page 4 Minutes for the Meeting of June 1, 2022
should increase the bond.
Mr. Hornig said he went there today and did not have a problem with most of the
proposed staff motion. Mr. Hornig said we do not generally have a history of
dealing with muddy yards; the owners should deal with the builder on this since it
is not a public safety, drainage or wetlands issue. If it was a drainage, ponding, or
mosquitos then it would be different. He said, given the limited amount of work
remaining, we do not need to hold two units. We could release one unit and
request an increase on the bond. We should change the conditions to hold one
certificate of occupancy and ask staff to work with the developer for a revised
security bond considering the amount of work is left to be done.
Mr. Peters reviewed the items that needed to be completed. He asked the
applicant if their landscaper is on board with that opinion as well. Mr. Peters
shared some of the concerns expressed by staff.
Mr. Leon said there should be a condition of approval language for the bond to be
held until everyone agrees the corrective actions have been taken and completed.
Mr. Hornig asked Mr. Seaver if all the remaining items of work will be completed
before the last unit is occupied. Mr. Hornig said the applicant can come back in a
month for the release of the final unit. If all conditions are not met the amount of
the bond being held can be increased before releasing the last unit.
There were no public comments or questions.
Board Comments and Questions:
Mr. Schanbacher said to do this in two parts as Mr. Hornig suggested.
Ms. Thompson agreed with the two parts and felt it is reasonable.
Mr. Hornig said there would be three conditions to be met before release of the
last unit at the July 13 meeting.
Mr. Peters agreed with Mr. Hornig’s recommendation.
Michael Schanbacher moved that the Planning Board approve the request for a minor
modification to the 2020 Special Permit Approval and to release one unit at this time. If all
items are not completed prior to the request for occupancy of the final residential unit the
applicant may return to the Planning Board to request a change in the bond amount based on
the status of the remaining work. 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 at 7:50 to 7:55.
****************DRAFT COMPREHENSIVE PLAN REVIEW******************
Draft Comprehensive Plan Review Public Work Session for the following Sections:
Goal 8: Recreation & Community Gathering
Ms. McCabe presented the updated plan for Goal 8 with comments and edits
received.
Board Comments and Questions:
Ms. Thompson had no comments.
Mr. Creech had no comments.
Minutes for the Meeting of June 1, 2022 Page 5
Mr. Hornig said all of section 8.1 should be covered in the Open Space
and Recreation Plan (OSRP) which is under development this year. Why
are we having our own comments separate from the OSRP? He would
rather have section 8.1 refer to the OSRP.
Mr. Peters asked for clarification for who is in charge of the OSRP? Ms.
McCabe said it is a working group which just started and will come to the
Planning Board for a recommendation at a future date.
Mr. Hornig asked for clarification in section 8.2.1 for the reference to
linkage fees? Ms. McCabe will look into that. He said there are some
actions under section 9.5.3 around meetings and around the town website
that would be better placed in section 8.3.5 for services.
Mr. Schanbacher had no comments.
Mr. Peters said in section 8.3.6 the ability to reserve public meeting spaces
is really challenging for community civic groups that are not town
organizations and is important to address.
There were no public comments or questions.
Goal 9: Public Facilities & Services
Ms. McCabe presented the updated plan for Goal 9 with comments and edits
received.
Board Comments and Questions:
Mr. Hornig said in section 9.1.2 change the language in strategy to reflect
the end result and not how to get there. Section 9.1.3 should be in the
OSRP and moved to section 8.1, which should all be in the OSRP.
Mr. Hornig said in section 9.2.2 the goal is not to develop plans but to
dispose or reuse underutilized town buildings. In section 9.2.4 the third
action should move into section 8.1.1.
Mr. Hornig said in section 9.3.1 there should be a strategy for dealing with
environmental services put in a new section, perhaps 9.3.3. He was
concerned that some of our problems are going to be with private utilities
such as power and we should add a placeholder for private utility
infrastructure. In section 9.3.1 potential actions should change from
Hartwell Avenue to Life Science Buildings. Sustainability goals should be
in the Sustainability Goals in section 4 and not be repeated here since it
does not fit into this section 9.3.1 strategy.
Mr. Hornig said section 9.3.2 should address water issues. The third action
belongs in section 9.3.1 for new development. The first action belongs in
section 7.1.3 in the transportation section.
Mr. Leon asked for clarification about the MS4 Stormwater requirements
if they have been considered in this draft?
Mr. Hornig said he had a problem with section 9.5 and said some of the
items are getting away from the physical improvements of the town and do
not need to be in this document. The things about the town website and
hybrid meetings should be in section 8.3.6 community gathering. The
other items that are not concrete should not be in the Comprehensive Plan
as defined in State Law and are also outside of the goals.
Page 6 Minutes for the Meeting of June 1, 2022
Mr. Creech asked how this got into this draft?
Ms. Thompson believed that they belong maybe not in this section but
should be somewhere in the document and are very important. Perhaps the
Diversity, Equity and Inclusion section would be a better location for this.
Board members agreed the Inclusion section could include the strategies
related to broadening participation in government.
Mr. Leon said that in section 9.3.1 there are existing requirements already
imposed and the suggestion is that the town consider these for increased
development and suggested the failing of our project evaluations
programs. Refine the language for the items that have been in place for a
decade and identify the deficiencies.
Mr. Hornig asked now that we have high-level feedback given to staff
what is the right way to get low-level feedback on refinement and
rewording and what is the time and mechanism for that. He asked for a
Word document for the tables in a format permitting changes to be
tracked.
Mr. Peters and Mr. Creech also asked for a document that is not a PDF for
the low-level changes.
Audience Public Comments and Questions:
Public Facilities Objective section 9.2.3 requests support for this strategy
for finding possible funding for a crematory to accommodate more
religious practices.
The co-chair of the CPAC thanked the Planning Board for the comments
and asked about acknowledging the strategies that should be part of the
OSRP so it does not get lost. Mr. Leon asked for clarification on when the
OSRP will be ready and noted that it is important that they remain
consistent otherwise they will need to be reconcile the divergence.
Board Comments and Questions:
Mr. Peters said if there are any comments and/or questions send to Ms.
McCabe.
**********************BOARD ADMINISTRATION************************
Consider submitting Action Plan to DHCD to maintain interim compliance for
multi-family residential zoning for MBTA Communities:
Board Comments and Questions on the draft action plan:
Ms. McCabe presented the changes made to the draft action plan since the last meeting.
The Board discussed wordsmithing of the proposed draft action plan.
Michael Schanbacher moved that the Planning Board submit the revised action plan
as corrected tonight to DHCD to maintain interim compliance for multi-family
residential zoning for MBTA Communities. 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.
Minutes for the Meeting of June 1, 2022 Page 7
Consider providing comments to Waltham ZBA for 200 Smith Rd., Waltham:
Ms. McCabe explained that Lexington received a notification from the Waltham Zoning
Board of Appeals (ZBA) regarding a variance application at 200 Smith Street in
Waltham. The application proposes to add an addition onto the existing 3 & 4 story office
building for life sciences and research lab office use and proposes a new 5 level parking
garage. The ZBA application is for a variance request for relief from height and setbacks.
The Board should submit a letter to the Waltham ZBA, with a copy to the City Council
and applicant, that the Lexington Planning Board would like to see a traffic study done
with Lexington intersections included before consideration of the associated special
permit and a chance to review the traffic study when submitted.
Michael Schanbacher moved that the staff draft a letter and send it to the Waltham
ZBA and copy City Council and the applicant as discussed 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:
The vote for the Police Station is on Monday, June 6. There will be a public information
session on June 22 by Zoom by the MBTA about their plans to rework the bus network
for the Lexington area.
Board Member Updates:
Mr. Hornig said Mass Housing Partnership is having their housing institute virtually.
Mr. Peters sat in on the MBTA Zoom meeting for the bus route configuration meeting.
There are bus routes that will be improved considerably. Ms. McCabe has a link for the
regional meeting.
Upcoming Meetings:
thth
June 29, and July 13 are the next meeting dates with a 6:00 p.m. start.
Review of Meeting Minutes for May 18, 2022:
Michael Schanbacher moved that the Planning Board approve the minutes of May 18, 2022,
as submitted 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 June 1, 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 9:18 p.m.
Lex Media recorded the meeting.
Page 8 Minutes for the Meeting of June 1, 2022
The following documents used at the meeting can be found on the Planning Board website in Planning
Board packets.
Comprehensive Plan:
Goal 7 Transportation and Circulation dated May 17, 2022 (41 pages).
Goal 8 Recreation and Community Gatherings dated May 17, 2022 (17 pages).
Goal 9 Public Facilities dated May 17, 2022 (32 pages).
12 Summit Road:
Request to withdraw without prejudice dated April 28, 2022 (1 page).
840 Emerson Gardens:
Applicants Construction Cost Breakdown dated May 16, 2022 (3 pages).
Staff Memo and exhibits dated May 27, 2022 (7 pages).
December as-built Plan dated December 13, 2022 (1 page).
200 Smith Street Waltham:
Project Narrative dated May 3, 2022 (16 pages)
Project Plan dated February 23, 2022 (16 pages)
Draft action Plan to be submitted to DHCD dated May 24, 2022 (4 pages).
Melanie Thompson, Clerk of the Planning Board