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Lexington Planning Board Meeting Minutes
December 21, 2022, Page 1 of 6
Minutes of the Lexington Planning Board
Held on Wednesday December 21, 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 Carol Kowalski, Assistant Town
Manager for Development; Abby McCabe, Planning Director; Molly Belanger, Planner; and, Kiruthika
Ramakrishnan, Planning Coordinator.
Robert Peters, Chair, called to order the meeting of the Lexington Planning Board on Wednesday,
December 21, 2022, at 6:00 pm. For this meeting, the Planning Board is convening by video conference
via Zoom. LexMedia is filming this meeting 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 materials for this meeting are available on the Town's Novus Packet dashboard.
Development Administration
24 Wachusett Drive Street Adequacy Determination (SAD) Public Meeting
Mr. John Farrington represented the applicants, Fred Feldman and Rhoda Feldman. Also present for the
applicant was Mr. Fred Russell. Mr. Farrington detailed the application that was filed by the applicants,
requesting waivers from certain sections of Lexington’s Development Regulations. Mr. Farrington gave a
brief overview of the location and the road conditions in the neighborhood. Mr. Farrington detailed the
process by which the applicant arrived at an estimated cost of paving to meet the current road
standards and shared the estimates obtained from two pavers.
Ms. Belanger presented the revised staff memo dated December 20, 2022 for 24 Wachusett Drive. Ms.
Belanger explained that, based on the site visits by Planning staff, it was determined that Wachusett
Drive is not presently of adequate grade and construction to provide for the needs of vehicular traffic
and would need extensive improvements to get to the standard. Ms. Belanger also said the Planning
staff acknowledge the substantial cost of the roadway improvements currently recommended as per the
Town’s street standards, and so limit the following improvements to a maximum of 300’ from the
property frontage of 24 Wachusett Road. Ms. Belanger said that this would not require the removal of
the tree stump and that the applicant has to present revised plans which will be reviewed by staff from
the Planning, Fire and Engineering departments. Ms. Belanger said that the Planning Staff worked with
Engineering to ensure that requirements will be based on standards that have been required from
recent SADs. Mr. Peters wanted to know if the staff from Fire department had any comments. Ms.
Belanger replied saying that staff from Fire department inspected the road and they preferred a 20 feet
width.
Mr. Hornig wanted to know if widening the road to 20 feet or reclaiming and reconstructing the road
was a problem for the applicant. Mr. Farrington said both are problems, due to the uncertainties
involved. Mr. Farrington added that they are also concerned about meeting the required standards. Mr.
Lexington Planning Board Meeting Minutes
December 21, 2022, Page 2 of 6
Hornig asked if the applicant was confident that the road between 34 and 24 Wachusett Drive is 18 feet
wide. The applicant was not sure of the width. Mr. Hornig thought it was important that the regulations
be considered and to consider when exceptions are appropriate. Mr. Hornig wanted the improvements
to be done between lots 34 and 24, to facilitate vehicular traffic that meets public safety standards.
Mr. Creech said that he sympathizes with the applicant and added that he will be happy to vote for a
lesser requirement if conditions from emergency responders are satisfied and wanted clarification on
the estimates received for repaving the roads. Mr. Peters and Ms. Thompson agreed with Mr. Creech.
Mr. Schanbacher said he felt that it was reasonable to improve just in front of the house, as the
applicant is a home owner and not a developer.
Ms. McCabe said that requiring paving of 300 feet was consistent with other recent applications. Mr.
Hornig reminded the Board of similar applications in the recent past. Mr. Hornig said he agrees with the
staff proposals to waive and reduce the distance.
Mr. Russell asked the Board to cap to a certain figure for reclaiming and reconstruction of the road and
came up with the maximum cost of $17,000. Ms. McCabe replied saying that she would recommend
distance to be the basis instead of pricing, as pricing fluctuates from season to season. Mr. Schanbacher
agreed that the market rate in the construction industry is volatile. Ms. Thompson asked the staff for
clarification on the recommendations made to SAD applicants. Ms. Belanger explained that the standard
requirement would be 20 feet wide, as per Fire Department’s regulations and regulations from the
State.
Mr. Feldman said he was willing to spend up to a maximum of $34,000, but wanted to know a definitive
limit. Mr. Creech said he favored 18 feet wide if the Fire Department agrees with it and also wanted to
go with a distance instead of a dollar value. He also said that if the Board could approve a 300 foot road
improvement, then the Board could approve an improvement of less than 300 feet and that he was
looking for the Applicant to propose something that the Board could work with.
Public Comments
Ms. Melanie Tanionos, previous owner of 24 Wachusett Dr and current resident of 30 Wachusett Drive,
said that the people in the neighborhood do not see any benefit in getting the street redone. Mr.
Peter Shapiro from 11 Wachusett Drive, felt that it was unreasonable and unfair to make a single owner
of a property take the financial burden of building a street and asked the Board to revisit the policy and
make necessary changes to amend the policy. Mr. Bob Green from 19 Fair Oaks Drive, said that if the
street were to be widened, it would cause a lot of harm to the character of the neighborhood. Mr.
Daniel Rapperport, from 1 Wachusett Drive echoed Mr. Shapiro’s comments. Mr. Morteza Asgarzadeh,
from 8 Wachusett Drive, felt that in addition to the cost, reconstructing the street will damage the fabric
of the street resulting in loss of parking space and trees. Mr. Joshua Hassol, from 28 Wachusetts Drive,
echoed the comments of his neighbors. Mr. Hassol also stated that, based on his residency in the
neighborhood for nearly three decades, there has never been any issue of access for emergency
vehicles.
Mr. Hornig said that the Board has imposed both reconstruction and widening requirements on
property owners in recent SAD applications and added that he thought the Board members were
comfortable with the idea of partial waiver to only require few hundred feet of improvements instead of
1000 feet. Mr. Hornig said that the Board is committed to extend consistent treatment to all applicants
and added that the requirements from the Fire Department have to be met. Mr. Creech said that the
Lexington Planning Board Meeting Minutes
December 21, 2022, Page 3 of 6
board is very sympathetic and wanted the applicant to come up with a solution that would work out for
all and maintain the character of the neighborhood. Mr. Peters agreed with Mr. Creech and added that
he would entertain 18 feet width in order to preserve the trees. Mr. Peters also encouraged the
applicant to approach the Fire Department and work out a solution that would satisfy their
requirements. Mr. Schanbacher also said that it would be very helpful for the applicant to work out a
solution with the Fire Department and emphasized consistency between SAD applicants. Mr. Leon
stated that the responsibility of the Board is to consider all factors and, grant appropriate waivers on a
case by case basis.
The applicant decided to confer with the Fire Department and appear before the Board on January 18th
with additional details.
On a motion made by Mr. Schanbacher, seconded by Ms. Thompson, the Board voted 5-0 on a roll call
vote to continue the Public Hearing for 24 Wachusett Drive to January 18th, 2023 at 6 p.m. over Zoom.
(Board vote: Hornig – yes, Peters – yes, Schanbacher – yes, Creech- yes, Thompson – yes).
9 Fair Oaks Drive – Request for release of surety for completion of road improvements
associated with Street Adequacy Determination
Ms. McCabe gave a brief overview of the application and reminded the Board about the vote at its May
12, 2021 meeting to require the applicant for 9 Fair Oaks Drive, to repair a pothole located at the northern
edge of the property line at 9 Fair Oaks Drive. Ms. McCabe added that the applicant had submitted a
surety for this improvement, in the amount of $2,955.20, to be released by the vote of the Planning Board
upon completion of the roadway improvement. Ms. McCabe added that Town of Lexington Engineering
staff have confirmed the required improvement has been completed to the Town’s standards, and the
Planning staff supports returning the surety amount to the applicant.
On a motion made by Mr. Schanbacher, seconded by Ms. Thompson, the Board voted 5-0 on a roll call
vote, to move that the Planning Board acknowledges Lexington Engineering’s confirmation of the
completed roadway improvement at 9 Fair Oaks Drive and requests that the Town Treasurer releases
the surety amount of $2,955.20 back to the Applicant. (Board vote: Hornig – yes, Peters – yes,
Schanbacher – yes, Creech- yes, Thompson – yes).
The Board recessed at 7:41 p.m. and reconvened at 7:47 p.m.
Board Administration
Multi-Family Housing Zoning for MBTA Communities. Public work session for Planning Board to
develop zoning proposal for Annual Town Meeting. Public questions and comments welcome and
encouraged
Ms. McCabe gave a brief overview of the Board’s progress on the Multi-Family Housing Zoning for MBTA
Communities and suggested the Board start talking about the Zoning Bylaw, which would outline the
Lexington Planning Board Meeting Minutes
December 21, 2022, Page 4 of 6
heights, setbacks and density requirements. Ms. McCabe suggested the Board come up with a name for
the proposed district.
Ms. McCabe shared the draft of the zoning bylaw prepared by Planning staff and explained the
proposed amendments and additions to the zoning bylaw. Mr. Hornig explained briefly about Floor Area
Ratio (FAR) to the Board members. Mr. Schanbacher said that dimensional regulations should be
considered instead of FAR. Mr. Creech wanted clarity on dimensional requirements and felt that was
easily understandable to everyone.
Ms. McCabe went over the purpose of the zoning bylaw and explained its importance. Mr. Leon felt that
the majority of multi- family developments in Lexington are residential and not mixed and so mixed use
should not be an explicitly stated purpose, for the purpose of the Bylaw. Mr. Peters said that he partially
agreed with Mr. Leon.
Ms. McCabe explained the term ‘Overlay District’ and said that gives additional opportunities for
property owners and that it does not change their existing zoning or create new non-conformities.
Ms. McCabe explained the procedures and regulations and the permitted uses of the Bylaw. The Board
members discussed the permitted uses. Mr. Hornig said that it is easier to pick the uses that should not
be permitted from the Use Table and categorize them, instead of coming up with a list of permitted
uses. Mr. Leon asked if all the uses permitted in any commercial districts should be permitted in the
proposed overlay district. Mr. Hornig said many of the overlay districts have multiple commercial
districts with very different lists of permitted uses and it can be confusing. Mr. Hornig said it was easier
to come up with a list of uses that were not permitted in order to have a consistent and consolidated list
of permitted commercial and institutional uses in the overlay district.
Ms. McCabe and Mr. Hornig went over the Dimensional Controls and the Board discussed the setback
and minimum side yard requirements in detail.
Public Comments
Ms. Pam Hoffman, Precinct 7 Town Meeting member, wanted to make sure that there are no
unintended consequences of the bylaw. Ms. Dorothy Tribeman, from 31 Drummer Boy way, wanted
clarification on the height limits for low rise and mid-rise buildings and wanted the Board to get more
feedback from the community. Ms. Tina McBride, from 45 Turning Mill Road, commented that the
concentration of the development will create small little villages, will be very attractive, hoped that
there will be a mix of residential and commercial buildings in order to create vital areas, and asked for
more public outreach to avoid any surprises or pushbacks. Mr. Arnold Clickstein, from 19 Drummer Boy
Way, said he did not favor tall buildings along Bedford Street.
Mr. Hornig continued to explain the other provisions for dimensional controls and the Board discussed
the dimensional requirements.
The Board recessed at 9: 33 p.m. and reconvened at 9:37 p.m.
Mr. Hornig explained the other provisions of the Dimensional Controls. The height constraints were
discussed in detail. Mr. Schanbacher clarified the height standards.
Public Comments
Lexington Planning Board Meeting Minutes
December 21, 2022, Page 5 of 6
Mr. Jay Luker, from 26 Rindge Avenue, wanted clarification on dimensional controls relating to total net
floor area of the development and wanted to know how developers would dedicate space to non-
residential uses. Mr. Hornig clarified that typically when a building is designed, residential spaces and
non- residential spaces are designed differently. Mr. Luker wanted to know if it would be determined in
the site plan review process. Mr. Hornig said that it will be enforced at the building permit process. Mr.
Schanbacher confirmed Mr. Hornig’s clarifications. Mr. Tom Shiple, 18 Phinney Road, wanted
clarification on the dimensional controls regarding net floor area and wanted to know details of the
assumed size of the units. Mr. Hornig said that the DHCD model assumed 1000 sq feet dwelling units
and streets and parks have to be deducted from it. Ms. Hoffman commented that we need to be
prepared for a developer to build to the maximum permitted limits. Ms. Hoffman also wanted the Board
to consider decoupling Hartwell Avenue and Bedford Street.
Ms. Doris Wang, from 12 Drummer Boy Way, wanted to know if the bylaw had provisions for limiting the
minimum and maximum number of residential units per acre. Mr. Peters said that the minimum number
of units per acre is 15 in order to meet compliance. Mr. Hornig added that the maximum number will be
based on the dimensional standards that the developer feels would be marketable. Ms. Wang wanted to
know if the minimum of 15 units per acre will be based on the developable land or the gross acreage.
Ms. Hornig said it is based on a very complex formula, but wetland basically do not count. Ms. Wang
wanted to know if utility easements would count and Mr. Hornig said that those would count towards
determining the density. Ms. Wang wanted to understand the rationale for having two different overlay
districts. Ms. McCabe responded saying that some of the properties on Hartwell Avenue and Bedford
Street were much larger and further away than residential properties, and considering the existing
underlying zoning which allowed a much taller height, two different overlay districts were proposed.
Ms. Keranie, of Drummer Boy Way, said that definite standards have to be set in order to prevent
inconsistencies regarding the commercial and residential spaces and type of developments across town.
The Board discussed the Off-Street Parking and Loading provisions outlined in the draft bylaw. The
Board discussed and unanimously decided to take out the provisions referring to Bed and Breakfast
units. The Board then discussed landscaping, transition and screening. The Board also discussed the
implications of screening and decided to continue the discussion on screening at a later date.
The Board discussed traffic standards, planned development districts, and non-conforming off-street
parking and loading. The Board also discussed inclusionary housing. Mr. Hornig said that the inclusionary
housing provisions of the proposed bylaw matches exactly with DHCD’s requirements and explained all
the provisions in detail. The Board decided to discuss further in the next meeting. The Board then
discussed the provision on playground and recreation areas.
Ms. McCabe said that the major change that was proposed in the meeting was to amend the Zoning
Map to change some of the area on Bedford Street to be in the low- rise district.
Board Administration
1. Staff Updates
Ms. McCabe said that she did not have any updates.
Lexington Planning Board Meeting Minutes
December 21, 2022, Page 6 of 6
2. Board Member Updates
Mr. Hornig updated the Board about the SPRD committee’s progress in drafting the bylaw.
3. Upcoming Meetings: Jan. 4, Jan. 18
The Planning Board’s January meetings were planned for January 4th, January 12th and January 18th.
4. Review of Meeting Minutes: 12/7/22
Mr. Schanbacher moved that the Planning Board approve the minutes of the meeting of the Planning Board
held on December 7, 2022 as submitted tonight. Ms. Thompson seconded the motion. The Planning Board
voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters – yes; Schanbacher – yes; Thompson – yes;
Hornig – yes). MOTION PASSED
Adjourn
Mr. Schanbacher moved that the Planning Board adjourn the meeting of December 21, 2022. Ms. Thompson
seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Peters –
yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED
Meeting adjourned at 11.06 p.m
Lex Media recorded the meeting.
Material from the meeting can be found in Planning Board’s Novus Packet.
List of Documents:
1. 24 Wachusett Drive- Road construction plan, Attorney letter dated 12.15.22, revised staff memo
dated 12.20.22.
2. 9 Fair Oaks Drive – Planning Staff memo dated 12.16.22.
3. Multi-Family Housing Zoning for MBTA Communities – Community Workshop Feedback form,
Community Workshop Map, PPT presentation on Qualities to consider, Presentation from PB
meeting held on 12.14.22, draft overlay zoning, Preliminary Map of Zoning Overlay Districts,
Preliminary Draft map of Zoning Overlay Districts, Staff draft of Zoning Bylaw and Zoning Map
Amendments dated 12.21.22, Visuals of Village Overlay Districts.