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PLANNING BOARD MINUTES
MEETING OF July 13, 2022
Minutes of the Lexington Planning Board
Held on July 13, 2022, Virtual Meeting at 6:00 pm
Present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk,
Robert Creech, Charles Hornig and Michael Leon, Associate Member. Also present were Abby
McCabe, Planning Director, Molly Belanger, planner, Sheila Page, Assistant 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, July 13, 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.
****************DRAFT COMPREHENSIVE PLAN REVIEW******************
Draft Comprehensive Plan Review Public Work Session for the following Sections:
Goal 3: Economic Vitality:
Ms. McCabe explained that the draft plan presented tonight was revised and
incorporated all comments and edits received from staff, Board members,
residents and others through June 28, 2022. Additional comments received and
discussed tonight will be incorporate into the next draft. 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 and Public Comments and Questions:
Board members discussed the rearranging the order of strategies, potential
actions and editorial changes for Goal 3.
There was a request for clarification on the revised sign bylaw in potential
actions.
Ms. Sandhya Iyer, Economic Development Director said the major issues
with the sign bylaw were the size of the signs and the process of going to
the Zoning Board of Appeals and then the Design Advisory Committee.
Another piece would be to update the uses and definitions.
A Board member said in 3.2.2 streamlining the permitting process should
be town-wide not just in the Center.
A resident said the Tourism Committee should be listed as a lead or an
existing resource in 3.2.4 to encourage tourists to explore.
Page 2 Minutes for the Meeting of July 13, 2022
A Board member would like to have an action added to implement the
expansion of the CM zoning to cover other commercial areas.
A resident said they were against having a goal to increase commercial
density because it may not be appropriate in some areas and in general
Lexington wants to remain primarily residential and only increase
commercial density only in some areas.
A resident had concerns regarding visitor tourism in section 3.5.
Goal 2: Housing:
Ms. McCabe presented the updated plan for Goal 2 with recent comments and
edits received.
Board and Audience Comments and Questions:
Board members discussed the rearranging the order of strategies, potential
actions and editorial changes for Goal 2.
A resident spoke about the goal which to promote a wide range of housing
options that to appeal to the needs of all residents, but what about people
who do not live here. In the bullet regarding affordable you need to
explain what truly affordable is, there is nothing in the introduction about
systemic racism and about the goal regarding the role Lexington wants to
play in alleviating some of the income inequality and disparity in housing
choices for people of color. She said this portion of the proposed plan is so
focused only on Lexington and need to remember we are part of a larger
community and was greatly troubled to see that was not included. She was
very disappointed when she read this report and stated that there is 30% of
residents in Lexington having trouble buying food.
There was Board member discussion on the “Missing Middle Housing” in
section 2.1.2 and that may need more studies and research.
A resident had an issue with making two-family by-right zoning which
was not supported by Town Meeting and disagreed with using town
property exclusively to build housing and solar.
A resident said we should be doing what we could to help with the
housing crisis.
A resident asked if is possible to have a teardown restriction with a
voluntary teardown moratorium.
The Board recessed at 7:51 p.m. and reconvened at 7:55 p.m.
**********************BOARD ADMINISTRATION************************
TMO-1 Hartwell Area Transportation Management Overlay District (TMOD) Plan
Update Presentation – Nelson Nygaard:
Ms. Sheila Page, Assistant Planning Director said this is the first of three meetings with
the Planning Board regarding the TMOD. Present was Ms. Brynn Leopold, project
manager from Nelson Nygard to present their Transportation Management Overlay
District TMO-1 Hartwell Area Plan updated July 13, 2022. Ms. Leopold did a
presentation of the updated plan, she explained the original plan is 10 years old, and
included the introductions of who worked on this update, Purposes and Goals, Project
Scope and Work Plan, Current Trends and Survey Data and Next Steps.
Minutes for the Meeting of July 13, 2022 Page 3
Board Comments and Questions:
The Board members said there is a lot of unknown with a possible hybrid work force in
the future. There was a suggestion about possibly providing an aggressive shuttle service
other than just going to Alewife to reduce SOVs. A clarification was requested on how
Lincoln Labs differs from the other large commercial spaces in that it has a large amount
of single occupancy vehicle trips and is not a member of a TMA.
Ms. Page said if there are any additional comments or input email her.
*******************DEVELOPMENT ADMINISTRATION********************
16 Hayes Lane - Street Adequacy Determination (SAD):
Mr. Peters said they were revisiting the SAD due to notice errors to abutters. Ms.
Belanger presented the updated staff memo dated July 8, 2022 for 16 Hayes Lane with
the reasons this project is being held heard again and for follow-up on other items that
were in question from the Fire Department. Present were Mr. Paul Sramowicz, applicant
and Mr. Limuot Tiv, project engineer who presented the updated plans. The applicant
requested a waiver to widen the road to 16 feet rather than 20 feet. Engineering staff, Fire
Department, and planning staff agreed that widening the road to 20 feet would not be
feasible.
Board Comments and Questions:
Mr. Hornig said his earlier concerns were now resolved.
Mr. Creech asked for clarification on where the widening of the street would take
place on the upslope.
Audience Comments and Questions:
A resident on Hayes Lane expressed concerns about the road improvements and
widening the road which will add more traffic and require some mechanisms for
speed control.
A resident on Hayes Lane asked if the road improvement would include covering
the parking spaces on the side of the road and how will residents be notified about
when the road construction will begin so they will know when they will need to
move their cars and how long will it take.
A resident on Hayes Lane asked for clarification if the residents can limit usage of
the street to residents and those who deliver to those residential properties and can
signs be posted. Can all the residents on the street be notified when work was
being done on the street.
A resident on Hayes Lane has concerns about addressing the speed limit
especially due to the curve on the road.
A resident on Hayes Lane was concerned about the long-term effect on traffic on
the street.
A resident said they approved the road improvement.
Michael Schanbacher moved that the Planning Board determine that Hayes Lane from the
vicinity of 16 Hayes Lane to Vine Street is not presently of adequate grade and construction to
provide for the needs of vehicular traffic, but will be adequate with the improvements listed in
the Novus packet with proper construction notification to the abutters. Melanie Thompson
seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Bob
Page 4 Minutes for the Meeting of July 13, 2022
Creech – yes; Robert Peters – yes; Michael Schanbacher – yes; Melanie Thompson – yes;
Charles Hornig – yes). MOTION PASSED.
131 Hartwell Avenue - Public Hearing for a Definitive Non-Residential Subdivision:
Mr. Peters opened the public hearing. Present were Mr. Ed Grant, attorney who
introduced Mr. Charlie Minasian, applicant and Mr. Ted Williams, project engineer. Mr.
Williams presented the proposed project for 131 Hartwell Avenue for a three lot
Definitive Non-residential subdivision. Mr. Williams said they are requesting two
waivers for soil testing, test pits and test borings be provided as a condition of approval
and an agreement allocating the responsibility for cost and maintenance among owners be
provided as a condition of approval.
There were no comments or questions from the Board or the Audience.
Michael Schanbacher moved that the Planning Board close the public hearing for 131
Hartwell Avenue. 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 two requested waivers and
approve the definitive subdivision for 131 Hartwell Avenue with the conditions prepared by
staff and discussed during the public hearing. 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.
10 Stedman Road: Request to accept surety and release lot (10 Stedman Rd. Map
24, Lot 87) from the Covenant:
Mr. Brown, applicant requested the Board accept a surety payment and release the lot for
the 10 Stedman Road subdivision approved by the Board in 2010. The applicant would
be responsible for completing the work and the lot release allows the applicant to obtain a
building permit. Once the applicant completes the work, the applicant should notify the
Planning Board for a final review and release of the surety to return the funds.
Mr. Hornig asked for clarity if the Town could complete what work is needed for the amount of
surety to be submitted.
Michael Schanbacher moved that the Planning Board accept surety in the amount of
$7,788.00 to cover the remaining items as listed in the exhibit and release 10 Stedman Road
from the covenant. 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 allow the Planning Board chair to sign
the lot release. 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 July 13, 2022 Page 5
75 Outlook Dr. - Accept performance guarantee and endorse special permit
residential development definitive plan approved on April 6, 2022:
The applicant requested the Board accept surety in the form of a covenant and Planning
Board endorsement of the approved Site Sensitive Definitive Special Permit approved on
April 6, 2022 for 75 Outlook Drive. The appeal period has ended without an appeal.
Michael Schanbacher moved that the Planning Board accept the covenant for 75 Outlook
Drive for the Site Sensitive Definitive Special Permit approved by the Planning Board on April
6, 2022 and vote to sign the Plan. 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.
840 Emerson Gardens, Lily Pond Lane, Lexington Meadows – Review final items
and request for final occupancy:
Mr. Tim Sullivan, project manager for Seaver Construction was present and explained the status
of items left to be completed on the revised list. Ms. McCabe gave an update on their recent site
visit and the items that were still not completed.
The Board discussed the van accessible parking spaces, access to the trail, and the
sidewalk. Ms. McCabe noted there was no ramp up to the sidewalk at the head of the
parking spaces. Mr. Sullivan said the van accessible space was intended to serve as
access to the trail to which someone in a wheelchair can get to. The Board asked if the
trail was accessible. Ms. McCabe said there was no curb up to the trail but the trail is
rocky and not really accessible. The parking space was sized for a wheelchair but there is
no ramp to the sidewalk at the head of the space.
A couple board members agreed there should be access to the sidewalk with a ramp.
Public Comments and Questions:
The concern is that the public may not know that the parking spaces are for trail access
and should be specified that on the sign.
Michael Schanbacher moved that the Planning Board sign off on the occupancy permit for
the last unit with a recommended conditional Certificate of Occupancy as discussed during the
meeting, including that the project engineer shall provide design detail for vegetated swale to
planning staff prior to construction for review. The applicant shall complete the items in the
revised in “Exhibit A” dated July 13, 2022 and to work with planning staff on specifics for
signage and the accessible ramp to the sidewalk. The bond in the amount of $115,000 shall be
held and not released until a majority vote of the Planning Board that all of the above items in
revised “Exhibit A” have been completed to the satisfaction of the Planning Board. 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.
Page 6 Minutes for the Meeting of July 13, 2022
**********************BOARD ADMINISTRATION************************
Open Space Residential Development (OSRD) Regulations – Review of first draft of
OSRD Zoning Regulations:
The Board discussed the first rough draft of new zoning regulations for the Planning
Board to consider relative to Open Space Residential Developments zoning adopted at
Annual Town Meeting in the spring. Ms. McCabe said as of writing this memo the
zoning is still pending review with the Attorney General but a response is expected in
mid-August. Amending the Planning Board's Regulations requires a majority vote of the
Planning Board at a regularly scheduled public meeting. Since this is this first look at a
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draft, staff has scheduled a formal public meeting review for the Wednesday, August 3
meeting. Ms. McCabe said she sent a copy of the draft to Ms. Liz Rust for her
recommendations and presented them to the Board. The Board discussed some revisions
suggested regarding the design of the inclusionary units, the design standards,
architectural design standards, definitions, open space, trail access, site layout, and
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natural vegetative state to be incorporated into the next draft for the August 3 meeting.
If Board members have any additional thought send them to Ms. McCabe.
Staff Updates:
Ms. McCabe said tomorrow night is a Historic District Commission hearing for the
relocation of the Hosmer House. Ms. McCabe asked if the Planning Board members want
to remain fully remote for meetings if the remote act is extended by the legislative body.
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The Board decided to wait and see what happens legally and decide at the August 3
meeting.
Board Member Updates:
There were none.
Upcoming Meetings:
The next meeting will be Wednesday, August 3, 2022 at 7:00 p.m. as a hybrid meeting
which is in person in the Select Board’s Meeting Room and though Zoom.
Review of Meeting Minutes for June 29, 2022:
Michael Schanbacher moved that the Planning Board approve the minutes of June 29, 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 July 13, 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 10:35 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:
Comprehensive Plan Review Guide dated May 31, 2022 (4 pages)
Minutes for the Meeting of July 13, 2022 Page 7
Goal 3: Economic Vitality dated June 30, 2022 (44 pages).
Goal 2: Housing dated June 30, 2022 (33 pages).
Staff memo with Comments received through July 12, 2022 (9 pages).
Transportation Management TMO-1:
Transportation Management Overlay District TMO-1 Harwell Avenue updates dated July
13, 2022 (41 pages).
Introduction to TMOD project dated July 8, 2022 (12 pages).
16 Hayes Lane:
Staff memo dated July 8, 2022 (3 pages).
Street construction plans dated July 1, 2022 (1 page).
Waiver form W (1 page).
Cover letter dated May 17, 2022 (4 pages).
131 Hartwell Avenue:
Engineering Memo dated July 8, 2022 91 page).
Planning staff memo dated July 8, 2022 (4 pages).
Revised plans dated July 12, 2022 (14 pages).
Draft decision dated July 13, 2022 (8 pages).
Drainage plan dated May 19, 2022 (74 pages).
Waiver form W (1 page).
Draft Covenant (4 pages).
840 Emerson Gardens:
Modification approval dated July 1, 2022 (3 pages).
Applicant work to be completed list dated July 13, 2022 (1 page).
Final list and responses from the applicant dated July 8, 2022 (1 page),
As-built plans dated June 27, 2022 (1 page).
10 Stedman Road:
Chart of work to be completed (1 page).
Paving estimate (1 page).
Submission material for lot release dated June 14, 2022 (22 pages).
Form E Lot releases (2 pages).
75 Outlook Drive:
Decision dated April 6, 2022 (12 pages).
Final revised plans dated may 23, 2022 (1 page).
Draft covenant (8 pages).
Open Space residential Development (OSRD):
Draft OSRD Regulations dated July 8, 2022 (7 pages).
Suggested revisions dated July 8, 2022 (1 page).
OSRD Zoning Bylaw dated March 25, 2022 (3 pages).
Melanie Thompson, Clerk of the Planning Board