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HomeMy WebLinkAbout2023-05-03-PB-min Lexington Planning Board Meeting Minutes May 3, 2023 Page 1 of 9 Minutes of the Lexington Planning Board Held on Wednesday May 3, 2023, Virtual Meeting at 6:00 pm Planning Board members Present: Robert Peters, Chair; Michael Schanbacher, Vice-Chair; Melanie Thompson, Clerk; Robert Creech, Charles Hornig, and Michael Leon, Associate Member. Also present were: Mina Makarious, Town Counsel; Abby McCabe, Planning Director; Sheila Page, Assistant Planning Director; Derek Sencabaugh Lexington Fire Chief; and Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair of the Planning Board called to order the meeting of the Lexington Planning Board on Wednesday, May 3, 2023, at 6:04 p.m. 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 here. 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. Board Administration Open Space & Recreation Plan (OSRP) 2023 Update – Request for letter of support Ms. Megan Buczynski from Activitas, the Town’s consultant, shared her presentation and explained her collaboration with the Recreation and Conservation departments on the updated draft Open Space and Recreation Plan. Ms. Buczynski shared the timeline of the proposal and shared the final draft that was submitted to the Commonwealth. The working group is requesting a letter of support from the Planning Board. Ms. Buczynski went over the timeline of events during the Town review period in detail and shared the takeaways from the public, MAPC, and the Select Board. Ms. Buczynski explained how the goals were revised and the reasoning behind the revisions. Ms. Buczynski explained the salient features of each goal. The importance of communication which would help the internal collaboration between conservation, recreation and other departments was brought out. The need for the Accessibility, Equity and inclusion goal to ensure that the programs are accessible to all was emphasized. Ms. Buczynski explained that recommendations are for programming would balance activity and educational opportunities for the citizens and capital projects would ensure allocation in an efficient manner. The value of Land Management, Environmental Protection, Connectivity and Transportation and Land Acquisition was elaborated. Mr. Peters asked if there were any comments from the public. Lexington Planning Board Meeting Minutes May 3, 2023 Page 2 of 9 Public Comments: Mr. Bob Pressman, member of the Community Preservation Committee (CPC) and Housing Partnership Board, but speaking for himself, desired to a greater emphasis on affordable housing begin considered during future land acquisitions discussions. Ms. Buczynski responded that the working group acknowledged the importance of affordable housing and addressed it in the latest draft plan before the Board that adds language that various departments and committees/boards be included in any early discussions. Mr. Charlie Wyman, member of Sustainable Lexington Committee and chair of the Conservation Commission’s Land Acquisition Sub Committee said that balancing housing, recreation, conservation and other interests is crucial and needs more discussion. Mr. Schanbacher moved to support the Draft Open Space and Recreation Plan as revised through March 30, 2023 and submit a letter signed by the Chair. 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 Development Administration 95 & 97 Hayden Ave. – Approval Not Required (ANR) Plan to reconfigure lot lines Ms. McCabe reminded the Board about the property’s rezoning that was approved in the 2022 Annual Town Meeting and the Major Site Plan Review application for the new building was approved by the Board in September 2022. Ms. McCabe added that this ANR Plan was a condition of the September 21, 2022 Site Plan Review approval to reconfigure the lot lines (condition # 7). Ms. McCabe said that staff doesn't see any issues and recommend the Board members to vote to sign the plan. Mr. Schanbacher moved to endorse the ANR Plan for 95 & 97 Hayden Avenue. 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 Review of Meeting Minutes: 4/3, 4/4, 4/10 Mr. Schanbacher moved that the Planning Board approve the minutes of the meetings of the Planning Board held on April 3rd, April 4th, and April 10th 2023, as written. 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. Upcoming meetings: Review Summer-Fall Meeting Schedule Ms. McCabe reminded the Board members about scheduling the Planning Board meetings for Summer and Fall of 2023. The Board decided to consider the suggested dates and come up with a schedule at the Lexington Planning Board Meeting Minutes May 3, 2023 Page 3 of 9 next meeting of the Board. Mr. Peters reminded the Board about the upcoming meeting on May 17th and went over the anticipated agenda items for the meeting. Staff Updates Ms. McCabe said that she did not have any staff updates. Board Member Updates- Reminder for Ethics Training & Conflict of Interest Law Mr. Peters informed the Board about Vision for Lexington looking for the next intermediate project before the next survey was circulated. Mr. Peters asked if the Board members would be interested in working on the inputs for the potential survey and asked them to give their inputs in the next Planning Board meeting. Mr. Hornig mentioned that the Special Permit Residential Development (SPRD) Committee was meeting for the last time on May 4th, 2023 and would soon be dissolved by the Select Board as the SPRD committee had accomplished the purpose of its creation. Board Reorganization - Chair, Vice Chair, Clerk and other committee and liaisons The Board discussed the reorganization of its officers. The Board members discussed and it was agreed that all the officers would continue in their respective positions. Mr. Robert Peters will continue to be the chair, Mr. Michael Schanbacher will continue as the vice chair, and Ms. Melanie Thompson will continue as the clerk. Mr. Hornig moved that Mr. Peters, Mr. Schanbacher and Ms. Thompson would continue to be the officers for the following year. Mr. Creech 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. Initial Review of Work Plan for FY 2024, time permitting Ms. McCabe reviewed the proposed work plan for FY 2024 with the Board members. The Board members shared their suggestions and decided to follow the framework suggested by Ms. McCabe which is to focus on updating the Board’s Zoning Regulations this summer in response to the new zoning amendments (articles 33 & 34), then zoning changes for next Annual Town meeting begin in the fall, updating the Hartwell Ave. TMO is in progress this summer. She also mentioned updating the sign zoning bylaw. Mr. Hornig suggested working on the Innovation Park elements from the previous zoning article 45 and missing middle housing. The Board recessed at 6:57 p.m. and reconvened at 7:01 p.m. Continued Public Hearing: 0 Cambridge St./Concord Turnpike Tracer Lane Solar Project. Tracer Lane II Realty – Public hearing for major site plan review for large scale solar energy system. Continued from 12/7/22, 2/15 & 3/15. Lexington Planning Board Meeting Minutes May 3, 2023 Page 4 of 9 Mr. Peters reopened the continued public hearing on 0 Cambridge St./Concord Turnpike Tracer Lane Solar Project. Tracer Lane II Realty – Public hearing for major site plan review for large scale solar energy system. Continued from 12/7/22, 2/15 & 3/15. Mr. David LaPointe, project engineer for the applicant. Also present were the applicant Mr. Harold Nahigian, project engineer Mr. Jeff Murphy, attorney Mr. John Griffin, the electrical engineering sub- consultant Mr. Mike McGuire, Mr. Ken Lachorus, and Mr. Gary Ludorf. Mr. Lapointe gave a brief recap of the project and shared the revised plans. Mr. Lapointe went over the revised plans and shared the locations of the solar panels, inverters, transformers and the details of the revised stormwater management system. The solar panel layout was changed since the December hearing where they were pulled back 50 ft. from the residential abutters and then expanded to the north to the other side of the easement. Mr. McGuire explained the reasons and the low risk for fire in a solar field and went over the mitigation steps that have been incorporated in the current proposal. Planning Director Ms. McCabe reminded the Board this application is a site plan review application before the Board and the use is permitted in this zone and has special protections under M.G.L. Chapter 40A. Assistant Planning Director Ms. Page highlighted the outstanding issues: project also requires filing with Conservation Commission to delineate the resource area boundary, the stormwater report and improvements need to be update in response to engineering’s memo, and the solar panels have been setback 50-ft. from the Waltham residential area. The property was rezoned in 2015 and had a previous zoning history so there is a discrepancy on exactly what the required zoning setback is for the purposes of the Tree Bylaw but the applicant has revised the plans to be 50 ft. setback. Ms. Page said that the Waltham Fire Department requested that the water be looped to help with emergency pressure and also asked for a cul-de-sac and for the access road to be paved. The Lexington Fire Chief Mr. Sencabaugh felt that Waltham Fire Department’s recommendation for a paved road and the need for a cul-de-sac were good recommendations. Chief Sencabaugh added that looping the water would provide a stronger water supply. Mr. Peters wanted to know if the potential alternate access through Eversource’s right of way is a possibility. Chief Sencabaugh believed that the applicant was not granted right of way and that he cannot speak to the agreement between the applicant and Eversource. Mr. Lapointe clarified that there were no specific conversations between the applicant and Eversource in this regard and added that they have provided additional access gates along the fence. Chief Sencabaugh asked for the perimeter access around the arrays be shown on the layout plan. Mr. Lapointe said that the intent was to provide access around the ends of the rows of panels. Mr. Peters asked Mr. Lapointe if there was potential to add more panels on the eastern side so that the setback on the residential side would be increased. Mr. Lapointe said due to storm water management restrictions, it was not possible to move the panels on the other side. Mr. Hornig wanted to confirm if both Waltham and Lexington Fire Departments have the same access to the gates, cutoffs and training required. Mr. Lapointe confirmed that it will be so. Mr. Hornig also wanted to know if the conduit from the inverters to the transformers be underground or above ground. Mr. Lapointe said that it will be underground along the access drive that connects both sides of the array. Mr. Hornig informed the applicant that they will need to get a separate stormwater permit from the town for stormwater and erosion control. Lexington Planning Board Meeting Minutes May 3, 2023 Page 5 of 9 Mr. Creech asked Mr. McGuire whether it was possible to have a smoke detection system to alert the fire departments. Mr. McGuire said smoke detectors were not part of an open air, ground installation. Mr. Creech wanted to know how long after a fire starts a notification will be sent. Mr. Ludorf said that there is round the clock monitoring that would capture any fire or smoke very quickly. Mr. Creech, based on the Waltham neighbor’s report, wanted to know if it was possible to have the electricity delivered to the power lines and easement instead of to poles in Sherbourne Place. Mr. McGuire said that it would depend on a lot of factors including accessibility and the connected circuit. Mr. Creech stressed on the importance of a maintenance plan. Mr. Creech added that he would prefer a larger setback from the residents. Mr. Schanbacher wanted to know if moving the panels to the eastern side would lead to more trees being removed. Mr. Lapointe said that would be the case increase to 1,040 from the original proposal which included ~800 be removed. Mr. Schanbacher wanted to know the intent for the replanting of the site. Mr. Lapointe said that the intent was to plant the disturbed areas around the panels with pollinator seed mix, to provide a vegetative cover and stabilize the disturbed ground. Mr. Peters opened the public hearing up to public comments. Public Comments: Bob Davis, Crestview Road Waltham, was concerned about brush fires, possible damage to the roads during construction, and asked where the panels were manufactured. Waltham City Councilor Darcy urged the Planning Board to deny the solar project as it would affect the health, welfare and safety of the residents and would lead to pollution of water, deforestation, loss of critical habitat for many species. Councilor Darcy also mentioned that the plan lacked paved primary and secondary access for fire trucks and turnaround space. Thomas Stezzi, 39 Wimbledon Circle Waltham, asked if the size of the project can be reduced in size. Pam Hoffman, Precinct 7 Town Meeting Member, asked about toxic smoke in the event of a fire, possible evacuation of neighborhood, and who would gain financially from the installation of this solar farm. Gerald Diebold, a Lexington resident, raised a concern a potential fire and the proximity to near people’s residences. Jill Stein, 17 Trotting Horse Dr Lexington, echoed concerns about the threats to public health. Ms. Stein said though she supports solar energy, this was not an ideal location considering the topography and proximity to drinking water supply. Nancy Sofen, wanted to know if the applicant had a reforestation plan considering the proposal to remove a thousand trees. Ms. Sofen felt the revegetation plans offered by the applicant were inadequate. Adam Griffin- Goode, 90 Leslie Road, wanted to know if there was an evacuation plan for the seniors and special needs kids. Bill Hanley, 62 Candlewood Dr Waltham, urged the Board to deny the permit for the project. Lexington Planning Board Meeting Minutes May 3, 2023 Page 6 of 9 Rachel Learned, 9 Wimbledon Circle, urged everyone to read the report created by the Waltham Neighbors for Safe Solar group and stressed the need for an emergency plan. Ms. Learned believes that the Cambridge water supply will be contaminated with multiple toxins that are on the EPA hazardous waste list in the event of fire. Ryan Griffin-Goode, from Leslie Road, wanted to know details of the evacuation plan and mentioned the challenges for evacuating people with special needs. Bianca Stezzi, 39 Wimbledon Circle, wanted to know if a 10 feet paved road was wide enough for a fire truck to fit through in between fencing and the panels, and asked if the power lines can be run through the Eversource easement. Ricki Pappo, Precinct 2 Town Meeting member Lexington, reminded the state’s DOER Model Bylaw strongly discouraged designating locations that require a significant tree cutting because of the important water management, cooling and climate benefits trees provide and believes that the health and safety of residents in Waltham and Cambridge would be impacted. Lina Mashoosh, was concerned about the impact the proposed solar project would have on her family’s heath and future generations and felt that the location was not ideal for this project due to the topography. Marcia Gens, 16 Dane Road Lexington, wanted to bring attention to the numbers cited for carbon sequestration and added that by cutting the trees, water infiltration would be impacted. Councilor LaFauci agreed that the site was not appropriate for a solar farm and wanted to know the protection plan during site work, land clearing and blasting. Councilor Randy LeBlanc stated that he shared the concerns of the residents regarding the safety of the project. Waltham City Solicitor John Cervone, stressed the need for long term critical review to be done beforehand and believes this solar farm was very different from any other solar farm. Mr. Cervone also felt that Lexington should require insurance policies for all possible contingencies. Ed Sullivan, 24 Sherbourne Place Waltham, wanted to know the definition of fool proof inverters and wanted to know why the applicant should be granted any waivers. Mr. Sullivan does not believe the intent of the Dover amendment was not to install a solar field similar to this project. Continued Board Discussion: Mina Makarious, Town Council for Lexington, stated that according to Chapter 40 A, section 3, no zoning ordinance or by-law shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. Mr. Makarious pointed out the judgement in the case involving this project, that the Supreme Judicial Court had pronounced that it looks to the other Dover Amendment cases when interpreting this particular provision of the Dover Amendment and the purpose of this Lexington Planning Board Meeting Minutes May 3, 2023 Page 7 of 9 provision of the Dover Amendment is to actually allow the installation of solar energy systems, including large scale ones. Mr. Makarious added that the court emphasized that it would look for whether a condition is necessary for the project. Mr. Makarious stated that the issue of stormwater and impacts on the Cambridge water supply or any other downgradient properties can be reasonably regulated. Mr. Makarious stated that for the Board to deny for fire safety reasons, there has to be some hard evidence to prove that it is inherently dangerous and one that cannot be adequately mitigated by reasonable conditions. Fire Chief Sencabaugh recognized the hazards associated with solar and electric fires, and said that they have the ability to fight fires from a distance. Mr. Sencabaugh said that air monitoring would be one of the tactics used in the event of a fire and depending on the scope of the fire and smoke, evacuation would be done. In the event of a fire, water would be the chief fire suppressant. Mr. Hornig wanted to know if there were any major incidents of fire in the solar field in the Boston area and the type of contingency plans that are in place. Chief Sencabaugh said he was not aware of any major incidence of fire and evacuation would be handled with the hazardous materials parameters based on the conditions at the time of the fire. Mr. Lapointe said that measures will be taken by the contractor to manage the site with regards to sedimentation and erosion and no damage to the roads are expected. Mr. Creech wanted to know if the panels could be brought closer together so that the number of panels could remain the same with an increased setback from the property boundaries. Mr. Lapointe said that the spacing of the arrays is a result of the topography of the site. Mr. Creech wanted the applicant to establish ways in which failure warnings can be detected quickly and for the notification to the fire department in the event of a fire. Mr. Creech also wanted to see if it was possible to have some air monitoring equipment which will give advance notifications of any issues that may arise and also maintenance plans for the equipment. Mr. Creech also preferred a larger setback, close to 100 feet, due to the nature of the site near residences and steep slope with one access drive. Mr. Peters agreed with Mr. Creech. Ms. Thompson and Mr. Schanbacher felt that adequate steps had to be taken to ensure the health, safety and welfare of the residents of Lexington, Waltham, and Cambridge. The Board asked staff to prepare a draft list of conditions of approval for the Board’s consideration at the next meeting, and to provide the suggested conditions to the applicant. Mr. Schanbacher voted to continue the public hearing and the deliberation on the Tracer Lane Solar Site Plan Review to Wednesday May 17th, 2023 at 6 p.m. over 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. Review of Planning Board liaison assignments The Board discussed the liaisons and decided to make no changes for the time being. Lexington Planning Board Meeting Minutes May 3, 2023 Page 8 of 9 Mr. Schanbacher moved that Mr. Hornig be reappointed as a non-voting member for Hanscom Area Towns Committee and Mr. Creech be reappointed as a voting member for Community Preservation Committee. 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. Schanbacher moved that the Comprehensive Plan Advisory Committee (CPAC) be dissolved. 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 May 3, 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 10:20 p.m. Lex Media recorded the meeting. Material from the meeting can be found in the Planning Board’s Novus Packet. List of Documents: 1. OSRP -OSRP Request Letter from Conservation Director Karen Mullens to Planning Board, dated April 25, 2023 2. Draft Open Space & Recreation Plan and all exhibits, Revised through March 30, 2023 3. 95 & 97 Hayden Ave - Aerial View and ANR Plan, Plan by Merrill Engineering, dated January 20, 2023 4. 0 Cambridge St./Concord Turnpike Tracer Lane Solar Project – Material found in online application: PLAN-22-14: a. Lexington Tree Committee letter received December 12, 2022 b. Applicant’s response to comments packet from Beals & Thomas, updated plan set revised on April 14, 2023, updated stormwater drainage report (273 pages) c. Applicant’s Site Analysis Exhibit Sheet d. Applicant’s Decommissioning estimate e. Waltham City Council Solar Resolution f. Response letter from Beals & Thomas dated February 17, 2023 g. Tracer Lane Solar Auto Turn Plans/Turn Analysis Exhibit h. Hydrant flow test results i. Cambridge Water Dept. Comments, from Jamie O’Connell, dated April 6, 2023 j. Cambridge Water Comments, from David Kaplan, dated April 27, 2023 k. Fire department memo, from Chief Sencabaugh, dated April 28, 2023 l. Planning Staff memo from Sheila Page, dated December 2, 2022, revised through April 14, 2023 m. Engineering memo from Marissa Liggiero, dated April 27, 2023 n. Waltham City Solicitor Comments, packet with exhibits Lexington Planning Board Meeting Minutes May 3, 2023 Page 9 of 9 o. Public Comments submitted via email provided to Board members, comments since Dec. 7-May 3 5. Board Reorganization – Committee assignments FY 23, recommends from May 2022 6. Initial Review of Work Plan for FY 2024- Last year’s work plan, Initial draft work plan FY 2024 prepared by staff dated April 27. 7. Draft meeting minutes for April 3, April 4, April 10, 2023.