HomeMy WebLinkAbout2023-03-15-PB-min
Lexington Planning Board Meeting Minutes
March 15, 2023
Page 1 of 6
Minutes of the Lexington Planning Board
Held on Wednesday, March 15, 2023, Virtual Meeting at 6:00 pm
Planning Board members Present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie
Thompson, Clerk; Robert Creech, and Charles Hornig.
Also present were: Abby McCabe, Planning Director; Sheila Page, Assistant Planning Director, and
Kiruthika Ramakrishnan, Planning Coordinator.
Robert Peters, Chair of the Planning Board called to order the meeting of the Lexington Planning Board
on Wednesday, March 15, 2023, 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
0 Cambridge St./Concord Turnpike Tracer Lane Solar Project – Public hearing for site plan review
continued from 12/7/2022, & 2/15/2023 – Tracer Lane II Realty. – Applicant requested
continuance to May 3. Board will vote to postpone this hearing without testimony.
Ms. McCabe informed the Board that the Applicant submitted revised plans, but they still need further
revisions and the Applicant has requested a further continuance until the Planning Board’s meeting to be
held on May 3rd 2023 at 7 p.m. on Zoom and in Battin Hall at the Cary Memorial Building. Ms. McCabe
recommended to check a few days prior to the meeting regarding the venue as the meeting could become
a fully remote meeting if legislation allowed remote meetings.
Mr. Hornig noted that he did not want to keep continuing the hearing and wanted the Applicant to
know that the Board expected them to come up with an application that meets the regulations and the
bylaw for the next meeting and did not want continuances past May.
Mr. Schanbacher moved to continue the public hearing to Wednesday, May 3 at 7:00 pm in Battin Hall
in the Cary Memorial Building, 1605 Massachusetts Avenue and on Zoom. 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
Lexington Planning Board Meeting Minutes
March 15, 2023
Page 2 of 6
75 Outlook Drive – Lot Release, Tree Mitigation, and Minor Modification Request for Gross
Floor Area reallocation of Site Sensitive Development special permit residential development
17 Fairland St., 185 Lincoln St. – Accept performance guarantee and endorse approved plans.
Mr. Alexander Benson represented the applicant Mr. Eduardo Alvarez. Ms. Page informed the Board that
Mr. Alvarez was asking for a lot release and prior to the lot release, the staff wanted to address a few
issues.
Ms. Page informed the Board about the site inspection by staff and reported that six trees which were
supposed to remain were removed and there has been an encroachment on the no disturb area, where
two smaller trees that were smaller than the six inch diameter were removed. Ms. Page explained to the
Board that the staff was asking the Applicant to replace the eight trees with new trees, three inches in
diameter, with a species on the approved planting list, to be planted prior to June 30th 2023 at in the same
general locations. Ms. Page informed the Board that the Applicant was also saving four trees that were
originally to be removed.
The Board members asked how we would ensure that the trees are replanted. Staff responded that the
replacement trees will match the original approved plans, tonight’s vote will be written, and staff will have
to sign off prior to building permits and occupancy permits. Prior planning sign off, staff will do a site
inspection to confirm the trees are planted.
Ms. Page reported that the original plan permitted a maximum gross floor area (GFA) and informed that
the proposed new plan would also reach the maximum GFA. Ms. Page gave a brief description of the new
proposal from the Applicant to insulate the basement of the historic house and, use that additional area
elsewhere in the new houses to be constructed, which was within the approved limits, but would increase
the GFA of the new homes. The request is to reallocate the GFA from the original house to the new
residences.
Mr. Peters wanted clarification on the ceiling height of the historic house. Mr. Benson said that it will be
under 6 feet 8 inches.
Mr. Hornig wanted to make sure that the definition of crawl space was satisfied when the house was
rehabilitated. Mr. Hornig also wanted to know the details regarding the allocation of the additional GFA
in the to be constructed homes. Mr. Benson did not know the individual allocation, but knew the total
was 30,608 square feet between four houses and said that they were planning on reallocating some of
the square feet. Mr. Hornig asked the staff if they were comfortable about enforcing the concerns
regarding the GFA. Ms. Page confirmed that the Zoning officer has done her due diligence on the
measurements of the plans and the footprints of the house, and made sure that the changes follow the
regulations and are enforceable. Mr. Schanbacher emphasized that if the space is under 6 feet 8 inches,
it is not occupiable by code and it cannot be sold as a space.
Ms. Page explained that since it was a subdivision, each lot had to be released before a building permit
was issued. The applicant was requesting that the lot at 75 Outlook Drive, the lot that fronts Outlook Drive
and has the utilities, be released now. Mr. Creech wanted to know the status of the project. Ms. Page
explained about the existing historic home and that no work being done now but for the clearing of some
Lexington Planning Board Meeting Minutes
March 15, 2023
Page 3 of 6
of the land. Mr. Hornig did not want to release the lot until all the work on that lot related to the trees
had been completed. Ms. McCabe reminded the Board that the recommendation from staff was for the
trees to be planted in spring. Mr. Hornig wanted to know if there was adequate surety that would
guarantee the lot’s release. Ms. Page said that the issuance of certificate of occupancy and the release of
the other lots could be conditioned on the tree planting work being completed.
Mr. Schanbacher moved to approve the Minor Modification to the landscape plan by requiring the
Applicant to plant 8 trees on the approved planting list with a minimum of 3-inch caliper at DBH to
replace the cluster of six trees removed at the rear of the property and two trees removed from the no
disturb area in the front of the property and preserve 3 existing trees, all as outlined and approved by
staff. The trees shall be planted by June 30, 2023 must be protected in the field.
Mr. Schanbacher moved to approve the Minor Modification request to reallocate the allowed GFA by
reducing the GFA in the historic homes’ basement and increasing the GFA of the three other homes so
that the new allowed GFA is:
7,799 sq.ft. for 2 Effie Place
7,602 sq.ft. for 75 Outlook Drive
7,602 sq.ft. for 3 Effie Place
7,602 sq.ft. for 5 Effie Place
Mr. Schanbacher moved to release Lot B, also known as 75 Outlook Drive, from the Covenant dated July
25, 2022 for the Definitive Plan set titled “Site Sensitive Development Definitive Plan 75 Outlook Drive
dated November 15, 2021 and revised through May 23, 2022 and authorize the Planning Board Chair
sign on the Planning Board’s behalf. The lot release shall not be issued until the limit of work line is
placed in the field. 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
Mr. Hornig moved to authorize the Planning Board chair to sign the certificate of decision prepared
by the staff memorializing the votes that were just taken. 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
Board Administration
Presentation and consideration of updated Transportation Management Overlay District Plan for
TMO-1 (Hartwell Avenue) Area
Ms. Page shared the presentation on TMO-1 Hartwell Area Plan Update. Ms. Page gave an overview of
the Transportation Management Overlay District and the processes and the highlights of the updated
plan. Ms. Page wanted to discuss the target mode shift, the basis and purpose of mitigation fee, the
proposed separate but parallel transport demand management application monitoring process, and the
basis of the point system of the parking and transportation demand management plan.
Lexington Planning Board Meeting Minutes
March 15, 2023
Page 4 of 6
Ms. Page explained the three management overlay districts in detail and explained their purpose. Ms.
Page went over the salient features of TMO-1 Hartwell Area District Plan Update and compared it with
the Bedford Hartwell Reconstruction 25% design.
Mr. Peters wanted to know if the targeted funding opportunity had moved and if the funds would also
move up the timeline. Ms. Page said that we are still slated for the same timeline and that the MPO was
reevaluating their long-range plans right now.
Ms. Page went over the parking supply and demand. Ms. Page shared the results of a survey conducted
by Nelson Nygard with regard to commuting options. Mr. Peters wanted to know if MBTA bus service for
Route 76 is intended to be continued on Hartwell Avenue on weekdays. Ms. Page said the service will be
discontinued on weekdays.
Ms. Page went over the drive alone rate and parking factors. Mr. Hornig commented that the existing
parking factors are unrealistic in many ways and wanted the Board to come up with a reasonable
minimum and reasonable maximum for each use based on current data.
Ms. Page explained the basis of calculation for the Transportation Mitigation Fee. Mr. Schanbacher felt
that it was good to have $2 per square foot charged for renovation. Mr. Hornig said that as per the
bylaw, the mitigation fees need to be tied to impacts and said he was not comfortable tying it to
renovation. With regards to parking, Mr. Hornig said that initial ask is before the building is built, is for
envisioned uses, and did not want to create an incentive to put in office spaces in order to minimize the
fee. Mr. Hornig said he would rather apply a flat new parking space fee. Mr. Creech wanted to know the
basis of the calculation for the $10,000 per parking space to be charged over the maximum. Ms. Page
said that it was based on the same calculation that applies for center businesses that don’t provide their
own parking.
Ms. Page went over the Parking and Transportation Demand Management Plan to be submitted by the
developers. Mr. Hornig wanted to know if the plan would be redone if the uses changed over time. Ms.
Page said that a change of use would trigger a relook at their parking and transportation demand
management plan.
Ms. Page explained the components of the points system and the plan highlights in detail. Mr. Creech felt
that reading the license plates was a good way to find the number of cars. Mr. Hornig wanted to know if
the point system was accurate and reasonable. Ms. Page said that the point system was provided by
Nelson Nygard and it was used by Watertown and Cambridge and lessons can be learnt by following them.
Ms. Page explained the administration and implementation process for the Parking and Transportation
Demand Management plan and the next steps involved based on the feedback received.
Mr. Hornig wanted to focus the money received in the short run on small valuable projects like sidewalks.
Mr. Creech felt that crosswalks on Wood Street and Westview Street are much needed.
Mr. Schanbacher moved to continue the public hearing for Transportation Management Overlay District
Plan for TMO-1 (Hartwell Avenue) Area to Wednesday, May 17 at 6:00 pm over Zoom. Ms. Thompson
Lexington Planning Board Meeting Minutes
March 15, 2023
Page 5 of 6
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
Board Administration
Staff Updates
Ms. Page updated the Board about the in-person workshop on the bicycle pedestrian plan to be held on
April 4th at 7 p.m. at the Community Center.
Board Member Updates - Review and discuss any other Annual Town Meeting Articles 1-32
Mr. Peters informed that the Town Moderator had circulated the schedule for the Town Meeting and had
requested the Planning Board to check if all the Articles other than Articles 33 and 34 can be presented
on Wednesday March 22nd. Mr. Peters added that Articles 36 through 39 will be presented on March 22nd
and went over who will be presenting the Articles.
Mr. Peters informed that it was anticipated that Articles 33 and 34 will be presented on Monday April
10th. Mr. Peters also asked if any of the Board members wanted to review and discuss any non-planning
or planning adjacent Articles. Mr. Peters also urged the Board members to take a look at the rest of the
warrant and see if there were any other articles to be reviewed and discussed by the Board.
Mr. Hornig updated about the SPRD committee’s meeting and their preparation for the Annual Town
Meeting. Mr. Hornig informed about the support extended by the Center Committee and the Housing
Partnership Board for Articles 34 and 36.
Upcoming meetings: Match 22nd, March 29th, April 3rd, April 10th, April 12th
The Board decided to meet on Wednesday March 22nd at 6:30 p.m. in the Parker Room to review any floor
amendments and updates on Article 40. The Board also decided to meet on March 29th at 6:30 p.m. in the
Parker Room and hoped to review the fiscal feasibility study at that meeting. Mr. Peters informed that the
Board will also be meeting on April 3rd, April 10th and April 12th.
Review of Meeting Minutes: 2/8, 2/15,3/1
Mr. Schanbacher moved that the Planning Board approve the minutes of the meeting of the Planning
Board held on February 8, February 15th, and March 1st, 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 March 15, 2023. 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 7:59 p.m.
Lexington Planning Board Meeting Minutes
March 15, 2023
Page 6 of 6
Lex Media recorded the meeting.
Material from the meeting can be found in the Planning Board’s Novus Packet.
List of Documents:
1. 0 Cambridge St./Concord Turnpike Tracer Lane Solar Project – Continuance Request.
2. 75 Outlook Drive – Planning Board Approval decision, Approved Plans, Covenant, Lot release,
existing conditions plan, letter to Planning Board regarding additional tree removal, Signed
request for Lot B release, Planning Board memo dated 3/9/23
3. Transportation Management Overlay District Plan for TMO-1 (Hartwell Avenue) Area – TMO-1
Hartwell Area Plan Update, Background Information, District Plan update, Parking comparison
table for recently permitted developments.