Loading...
HomeMy WebLinkAbout2022-12-21-PB-min 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.