HomeMy WebLinkAbout2009-02-18-PB-min
PLANNING BOARD MINUTES
MEETING OF FEBRUARY 18, 2009
A regular meeting of the Lexington Planning Board in the Selectmen’s Meeting Room, Town
Office Building was called to order at 7:30 p.m. by Chairman Hornig with members Manz,
Canale, Galaitsis, and planning staff McCall-Taylor, Henry, and Kaufman present. Mr. Zurlo
joined the meeting in progress.
***************************TOWN MEETING********************************
Article 49: Ms. Susan Yanofsky, Economic Development Officer, said the Town and Beal
Company had reached an agreement for a mitigation plan for the Ledgemont project. The
agreement was a total package of $800,000 with the first payment of $500,000 at the issuance of
their building permits and the balance of $300,000 upon receipt of the certificate of occupancy.
$200,000 of those monies would be designated to transportation services. The Board of
Selectmen will be presented with the document on Monday night. A copy of the agreement was
just distributed to the Board for review.
************************SUBDIVISION ADMINISTRATION**********************
91-93 Hancock Street, Lexington Gardens, continued public input on the sketch plan: Joe
Marino, John Esserian and Rick Waitt were present.
Audience Comments:
Mr. Hornig said he would recognize Mr. Clough and Mr. Oldenburg as they represented groups
from the neighborhood.
Mr. Clough said there were three plans on the table. The neighborhood’s first concern would be
aesthetics. The houses should be set back from Hancock Street. There would be very large
houses on small lots and the public benefit should be considered not only in terms of a playfield
desired by the Town, but also in terms of the aesthetic value for the neighborhood. The fabric of
the neighborhood has always been defined by the open space of Lexington Gardens and should
1
February 18, 2009
be maintained. Plan B with modifications addressed many of the issues on aesthetics. The next
issue was safety and the green space on the frontage provides good sight lines for traffic entering
and exiting the development. A petition supporting plan B with modifications such as a single
curb cut and fewer units was given to the Board. Plan A would be unacceptable to the
neighborhood. Mr. Zurlo joined the meeting.
Mr. Oldenburg said there were three concerns traffic, open space, and the look and feel of the
character of the neighborhood. The concern with plan B was it proposed 26 homes, which would
be a greater number of houses than on any other surrounding street, the units would be larger and
closer together, and there would be impacts to traffic especially with the two curb cuts and one
being close to the rotary and the Diamond School access road. It would be better to have a single
curb cut further away from the rotary and he proposed a modified Plan B to be called C-1 with
one curb cut located as far away from the rotary as possible. The open space along Hancock
Street would serve an important local community function. The playing field maybe a benefit to
others in the Town, but not to the local community since there were already local playing fields.
The local neighborhood should benefit first, and the Town second. A traffic study would be a
good idea, perhaps funded by the developer.
Ms. Ada Wong owns a ranch house across the street from where the curb cuts would be. She was
concerned that as her bedrooms are in the front, she would not be able to sleep with all the lights
from traffic.
Mr. Jerry Van Hook, chair of the sidewalk committee, said there had been discussions regarding
the Hancock Street roundabout and there was concern about children going to the school,
especially in the morning since half the children come through the west side entry. He wanted to
reinforce requiring a professional traffic study.
Mr. Jerry Sacks was not aware of what the developer was going to do. What was the Planning
Board’s goal for this land - more taxes, more people, new playing fields? What would be the
gain of 26 units versus 11 by right? What do we need open space for and who would maintain it?
How was it that that the zoning rules could suddenly be relaxed? How can we cram so many
2
February 18, 2009
houses in this space?
Mr. Hornig said the Planning Board goals are set forth in section 44 of the ZBL and nothing had
yet been decided regarding this development. These homes approximated the average Lexington
house size and would have fewer people than if they were larger homes. Preserving open space
and protecting the wetlands were some of the Board’s goals. The changes to the residential
developments were approved at Town Meeting last year. He invited those with more questions to
contact the planning staff.
Mr. Bill Carlson said a traffic study should be completed and cover Hancock Street and nearby
streets.
Mr. Gary Larson said speaking as a resident he favored plan C-1. Mr. Larson liked open space
along Hancock Street, which maintained the existing character and balanced the houses across
the street. The grass and trees offers a spacious feeling and would serve as a buffer between
vehicular traffic and pedestrian traffic along Hancock Street and the houses. This plan offered a
more pleasant entrance into the development and the line of sight would be much better and
safer. While he supports additional playfields, having them integrated into a residential
development would not be a compatible use since users would have to enter and exit through the
development.
Ms. Leda Zimmerman wanted another plan proposed. While she fully endorsed Clough’s
description of the reaction to the current plan, the traffic and safety issues still need to be
addressed. The density is too great and there needs to be a better balance of open space and
homes.
Board Comments:
Mr. Canale said there were some good attributes as well as drawbacks to plan C-1 and he wanted
to clarify the Planning Board’s authority on this matter. The Board could encourage the
developer to work with Town officials to try and get the traffic problems fixed, but could not
require it. The Board of Selectmen was in the process of determining what to do with streets in
3
February 18, 2009
the Town to make them safer. This type of road was designated as an Urban Minor Arterial and
any efforts to calm traffic at the rotary would need to be addressed by the Board of Selectmen.
Houses on Hancock Street as shown in plan C-1 should be avoided and the crawl spaces should
not be higher then 5.5 to 6 feet.
Mr. Zurlo asked the staff to discuss the density regarding the 26 units for a balanced housing
development (BHD). Mr. Henry said the bylaw regulates gross floor area (GFA), not density.
Mr. Zurlo said overall one curb cut makes sense. The applicant was complying with the overall
unit size for the BHD, but was that number discretionary. It would be a good idea to ask for
additional traffic information. Mr. Hornig said the Planning Board was not required to approve a
BHD, the discretion was either in the approval or non-approval of a development; however, a
denial could not be arbitrary or capricious.
Ms. Manz clarified that the zoning bylaws had been amended to encourage a variety of housing,
as opposed to homes larger then 7,000 square feet. A plan with more density encourages
development more in scale with the surrounding neighborhoods, provides more useable open
space, keeps down the impervious surface ratio, and, in this particular development, provides a
playing field. She was uncomfortable with plan C-1 because of the increase in the impervious
surface and the front open space with houses backing up to it along Hancock Street. The Board
was being mindful of traffic and moving the entrance and having one curb cut would be good.
She also supported a traffic study by the developer with data regarding any substantial increase
in traffic from the proposed houses.
Mr. Galaitsis said since the developer could always fall back on the conventional option, the
increased number of units of a BHD is a major incentive, which provides the Board authority to
negotiate. If the units were to stay at this proposed size there should be fewer units. As proposed,
they were all very large homes and would be occupied by full-sized families increasing traffic
substantially and so he would favor a traffic study although one was not mandatory. He would
favor units with two bedrooms for empty nesters as well as some units to be combined and
attached, which would increase open space.
4
February 18, 2009
Mr. Hornig said the bylaws require a traffic study be done when an additional 50 units were
added to a site, otherwise it considered the traffic impacts as negligible. Things to consider for
the developer were the schools’ and recreation department’s interest in a playing field and the
length of the road with a single curb. The development would probably be improved with a
reduced GFA and could offer more flexibility.
Mr. Marino said all the units would be under the 3,700 square-foot size limit for moderate
homes. He pointed out that plan C-1 was not theirs and they were not proposing it. Mr. Waitt
said a conventional development could be built, but instead they were looking for the framework
for the next step.
******************************TOWN MEETING*****************************
Article 48: If Ms. McKenna gets something to the planning staff it will be put in the packets
Friday.
Article 49: Mr. Canale said the Transportation Advisory Committee (TAC) met and they were
surprised at the TDM agreement, which was less than what was originally offered.
********************HARTWELL AVENUE AREA STUDY************************
Article 44:
The Board discussed the changes in the definition of the CM zone to reflect the proposed
changes..
FAR: Mr. Canale wanted clarification as to what the Board wanted to permit by right. A few
weeks ago it was .35 FAR and to now throw out an FAR of .40 without any basis would be an
extreme error on the Board’s part. The second issue would be regarding special permits. The
Board needed a goal for the district build out beyond the .35 FAR and should have an idea of
what that number would be and present it to Town Meeting.
Mr. Hornig suggested the Board seek input at the public hearing before determining what would
be brought before Town Meeting for the FAR.
Sky view: It was suggested that the sky view be removed because it was too complicated. Ms.
Manz said she did not find it too complicated. Mr. Zurlo said to remove it because it does not do
what the Board wants. There was no consensus to remove at this time.
5
February 18, 2009
Site Plan Review Exemptions: The EDAC was interested in what would be allowable. Mr. Zurlo
said the Board needed to define what were considered major and minor site plan reviews and
allow for a shorter time for minor site plan reviews. Mr. Galaitsis said to leave it the same. Ms.
McCall Taylor said that the current bylaw takes up to 155 days and that the 60 days was heading
in the right direction. Mr. Hornig said for now he hears the consensus is to leave it at 60 days.
Site Plan Review Regulations: Mr. Canale volunteered to tackle the transportation principles for
the site plan review regulations.
Article 45:
Mr. Hornig said the changes were made to clarify that the improvements could happen within the
area that serves the district, not just the district itself. Mr. Canale said the TAC was very
concerned that transit operations were not clearly spelled out and allowable in this provision. Mr.
Hornig said changes were awaiting input from the Attorney General’s office. Mr. Henry said he
had an upcoming phone call appointment to discuss this and other matters regarding what would
be acceptable with the Assistant Attorney General. The changes would be based on the input of
the Attorney General’s office and will be discussed if needed next week.
Guiding Principles of the Transportation Plan: Mr. Canale prepared guiding principles and would
like to use them as part of the presentation in two weeks. Ms. Manz was worried about number
two, which creates unrealistic expectations and would be a formula for failure. Mr. Canale said
all this would do was level the playing field when considering a project and make sure all input
would be taken into account. Ms. Manz said to enter language saying “a good faith effort” to
create a balance would be put forth. Mr. Hornig said this would not go into the bylaw, but this
would be a statement of intent.
Mr. Galaitsis asked how the Board could create an image of trust that all these matters would be
addressed. Mr. Hornig said this plan was to give people a level of comfort as to the intent of this
plan. Ms. McCall-Taylor said staff was developing a RFP to be made available before Town
Meeting that would be used to hire a consultant to develop a transportation plan should the
articles pass.
Article 46:
The boundaries of the Transportation Management Overlay District (TMOD) would incorporate
6
February 18, 2009
the following zones: CD1; CD2; CM, two CRO zones and a small residential area. Mr. Zurlo
said only parcels in the CM Zone should be included and remove all others from the district. Mr.
Galaitsis said it would be a good definition if we were trying to identify the source of the
problem, but not the affected areas. Mr. Hornig explained the principle was to consider
collectively the impacts of development district-wide. The boundaries had been discussed in the
past; did the Board now want to change the boundaries?
Planning Board Goals: Mr. Canale said that the Board’s goals should be reviewed before
presenting them. Ms. Manz said the Board does need to present goals but might resolve
disagreements by not prioritizing them. Mr. Hornig said he could use the goals presented earlier
and explain they were not in any specific order of priority and they would not be numbered as
originally presented. Mr. Canale said this would also serve as a guide for the Planning Board in
granting special permits in the future. Mr. Hornig said the Board needed a statement of intent,
which could be discussed before Town Meeting. Mr. Canale asked if there was something the
Board could give Town Meeting containing numbers and a maximum FAR. Mr. Galaitsis said
the absence of the maximum limits for special permit was a concern to him.
****************PLANNING BOARD ORGANIZATION SCHEDULE**************
February 25 is the public hearing for the citizens’ articles and March 4, the public hearing for
Planning Board Articles. March 11 the Board will reflect on the public hearings and discuss the
final drafts.
****************************STAFF REPORTS******************************
The minutes will be made available to the Board for editing on Google Docs. The Board
Members will receive an invitation through e-mail when the minutes are ready for editing.
**********************SUBDIVISION ADMINISTRATION**********************
341 Marrett Road; balanced housing development plan: The signature sheet for the special
permit with site plan review approved last week was signed by the Board members.
Grandview Avenue, Lot B modification: Mr. David Burns, applicant, requested a modification to
35 Grandview Avenue (Lot B). The purchaser’s preference was to rearrange the second floor and
7
February 18, 2009
expand the area by 289 square feet. The proposed change would be less then 10% of the gross
floor area and net floor area with no change to the footprint.
On a motion duly made and seconded, it was voted, 4-0-1, (Mr. Zurlo abstained), that the
requested modification was considered minor and the requested changes as shown were
approved.
On a motion duly made and seconded, it was voted to adjourn the meeting at 10:59 p.m.
Wendy Manz, Clerk
8