HomeMy WebLinkAbout2023-05-17-PB-min
Lexington Planning Board Meeting Minutes
May 17, 2023,
Page 1 of 7
Minutes of the Lexington Planning Board
Held on Wednesday May 17, 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. Mina Makarious, Town Counsel and Carol Kowalski,
Assistant Town Manager for Development were present for first agenda item.
Robert Peters, Chair of the Planning Board called to order the meeting of the Lexington Planning
Board on Wednesday, May 17, 2023, at 6:00 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.
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 Realty, LLC – Continued Public hearing for
major site plan review for large scale solar energy system
Mr. Peters opened 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, and 5/3.
Attorney John Griffin from Greenberg Traurig, represented the applicant. Also present were the
applicant Mr. Harold Nahigian, Mr. David LaPointe, the project engineer.
Ms. McCabe explained that since the meeting on May 3rd 2023, staff prepared a draft decision of
approval with suggested fifty-seven conditions. Ms. McCabe added that the conditions had to be
discussed by the Board and some of the conditions involved changes in plans. The major changes
the Board should review and discuss tonight are for a greater solar panel setback (100 ft.), greater
setback to the conservation land, paved access road, expanding the turnaround to a full cul-de-sac,
looping the fire hydrant, updated landscape plan, and relocating the project’s utility poles. As
drafted, the project requires three waivers.
Town Counsel Mr. Makarious, briefed the Board about the comments he received from Waltham
City Solicitor and explained the legal points involved in the cases cited by the solicitor.
Lexington Planning Board Meeting Minutes
May 17, 2023,
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Mr. Peters opened the hearing to public comments explaining that this was the third night of the
public hearing where public testimony was taken and the Board has also received written
comments from the public submitted via email.
Public Comments:
Dennis Dettling Kalthofer spoke against the project because of tree removal and his concern for
pollution to the reservoir and climate impacts because of the significant tree loss.
John Cervone, Waltham City Solicitor, stated that he had sent the relevant cases to Lexington’s
Town Counsel because he believes those cases demonstrated that the Planning Board has
discretion for restricting solar facilities.
Waltham Councilor Patrick O’Brien, expressed his opposition for the project and stated that it is
not appropriate for the location, for the neighborhood, for the environment and for the residents
of Waltham and Lexington.
Jill Stein, 17 Trotting Horse Dr Lexington, believes runoff associated with deforestation in a steeply
tilted hill above Cambridge’s water supply would be a negative impact. Ms. Stein also added that
the health risks associated with safety concerns were substantial and she is concerned about the
potential use of chemical fire suppression.
John Andrews, a Lexington resident, expressed his concern about the deforestation and putting
impervious services adjacent to public water supply. Mr. Andrews added that there will be litigation
and did not want his tax money spent on a cause that was detrimental to the health and safety of
residents.
Waltham City Councillor Randy LeBlanc, asked that the safety and environmental impacts on the
citizens of Waltham be taken into consideration for the Board’s deliberation.
Audrey Griffin- Goode, 90 Leslie Road Waltham, believes the project that will endanger the
environment and the lives of thousands where only one individual gets to benefit.
Ed Sullivan, 24 Sherbourne Place Waltham, doesn’t believe the Board should be concerned with the
generatable capacity of the solar project. Mr. Sullivan also shared the fire departments’ concerns
regarding access to water supply and turnaround capabilities in the event of fire extinguishing.
Mary Ann Callahan, 114 Sherbourne Place Waltham, expressed her opposition and stated that it was
a peaceful neighborhood and the solar project would be heartbreaking for the community.
Teresa Brennan, 80 Crestview Road, Waltham, wondered, while usually it is difficult to be permitted
to cut one tree in Lexington, how the applicant cut away more than 900 trees.
David Holzman, 33 Peacock Road Lexington, reiterated the need for trees and the impact of
deforestation, and expressed his opposition to the project and was particularly concerned about
the run off to the Cambridge reservoir and the impact on the ecosystem.
Rachel Learned believes the electromagnetic radiations are a concern despite what the applicant’s
electrical engineer said.
Bianca Stezzi, 39 Wimbledon Circle Waltham, spoke against the project asking the board how many
times the neighbors have to speak against for the concerns to be valid.
Lexington Planning Board Meeting Minutes
May 17, 2023,
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Waltham Councilor George Darcy spoke against the project saying his principal concerns were risks
to the municipal water supply and wetlands, due to fire suppression, loss of trees, and the impact
on the health of the neighbors, and the financial impact on the City of Cambridge to clean up their
water supply.
Board Discussion & Deliberation:
The Board reviewed the decision proposed by the staff and discussed it in detail. Ms. McCabe shared
the draft decision on the screen and the Board started the discussion by reviewing the waiver
requests.
The first waiver request discussed by the Board was the waiver from the Planning Board’s
regulations relating to surveying and identifying every tree species on the plan. The Board members
felt that the request was reasonable and surveying every tree was not necessary to protect public
health, safety and welfare and unanimously agreed for the waiver to be granted.
The Board then discussed the waiver from the site plan review regulations to waive some of the
requirements in section 12, the checklist that required identification of public transportation,
bicycle racks, sidewalks and such, which were not relevant to this solar proposal. The Board
unanimously agreed for the waiver to be granted.
The Board then discussed the waiver to have the tree bylaw waived in full in accordance with the
provision that stated that if an application was reviewed by the Planning Board, the tree bylaw can
be waived. The staff suggested that it was most beneficial to require landscaping along the
perimeter of the property rather than have the tree mitigation go into a fund to be used elsewhere
in Lexington. The Board members supported the waiver and agreed that appropriate language to
include the spirit of the tree bylaw be included per condition of this approval that there be
substantial tree planting along the perimeter of the property to mitigate the trees removed.
The Board discussed the conditions to be placed on approval of the application. The first condition
was to have a hundred-foot setback from the residential properties to the south. Mr. Hornig wanted
to know the justification for the condition and reminded the Board that all the conditions to be
approved by the Board have to both be necessary to protect the health, safety and welfare of the
public and necessary to implement the bylaw and standards. Ms. Thompson said the setback would
help provide a better visual buffer and Mr. Creech felt that the setback would not only affect the
visual effect but will also address the safety aspects to allow more room for fire response in the
event of a fire. Mr. Schanbacher added that increased setbacks will also help address the concerns
regarding stormwater runoff and allow more room for plantings. Mr. Peters agreed with Mr.
Schanbacher. Mr. Hornig thought the setback to Zone A was more important from an environmental
point of view. All the Board members, except Mr. Hornig felt that the hundred feet setback was a
necessary condition.
Attorney Griffin said they do not agree to the panel setback and that he did not believe they could
require that, he asked the board to remove that condition.
The next condition involved increasing the buffer along the conservation land, by having the
infiltration trench and swale at 25 feet from the western property line adjacent to Conservation
land. Ms. McCabe informed the Board that the Conservation Commission had asked for an increased
buffer. Mr. Schanbacher and Mr. Peter felt that appropriate setbacks should be negotiated with the
Conservation and Engineering staff to resolve the storm water runoff issue. It was considered to
Lexington Planning Board Meeting Minutes
May 17, 2023,
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change the language to specify the requirements to protect the tree roots on the abutting
conservation land and to prevent stormwater runoff. The Board decided to allow for a greater
setback depending on conservation and engineering’s stormwater review and have more flexible
setback language in the condition. The Board also edited the timelines of the conditions.
The next condition discussed by the Board was whether to have the 20-foot-wide access drive paved,
instead of the gravel access road. The members discussed whether the road should be gravel or
paved. Mr. Hornig suggested that it should be either bituminous concrete or conditioned for a gravel
road that will be maintained regularly. The Board unanimously decided to have the access road paved
with bituminous concrete.
The Board then discussed the request from the Waltham Fire Department for a turnaround area on
the eastern portion of the site to include a paved cul-de-sac with an inside turning radius of 25 feet
and an outside radius of 50 feet. The alternative was to have an emergency access out to Tracer Lane.
The Board discussed the options. Mr. Hornig suggested offering three alternatives to the applicant
namely, a cul-de-sac, a hammerhead that would satisfy the requirements of the fire department or
an alternative access to the public street system. The Board unanimously agreed to Mr. Hornig’s
suggestions.
The Board discussed the condition that required the hydrant in front of 119 Sherbourne Place to be
looped to an existing infrastructure facility in Waltham. Mr. Hornig wanted the condition to be
clearer and more specific and wanted the condition to be made applicable before the systems were
ready for operation. The Board unanimously agreed on the condition.
The next condition discussed by the Board was relocating three utility poles at least 15 feet from the
side property line at 119 Sherbourne Place. The Board discussed and unanimously agreed to remove
this suggestion from the list of conditions.
The Board recessed at 8.07 p.m. and reconvened at 8.12 p.m.
The Board then discussed the condition to clearly show and label the 12-foot-wide perimeter access
on the proposed layout plan. The members discussed and unanimously agreed for the condition.
The next condition that the Board discussed was to relocate the fence, trench and the limit of work
in the southwestern corner of the project to maintain the 29 feet setback from the property line.
The Board members agreed to the condition if this condition can be implemented without causing
any issues with the stormwater management system.
The Board discussed replanting to provide a landscape plan, to provide evergreen plantings along
the southerly property line, visual landscaping along the resource area and along 119 Sherbourne
Place and, to have the disturbed areas to have the native pollinator ground cover. The Board
discussed and agreed to have the screening on the residential side of the fence as that would provide
a more pleasing visual effect.
The Board then continued their discussion on all the other conditions listed in the document and
made some minor edits to the document. It was also decided that the Fire Department should be
the regulating authority in the event of a fire.
Lexington Planning Board Meeting Minutes
May 17, 2023,
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Mr. Schanbacher moved to close the public hearing on 0 Cambridge Street, Tracer Lane. 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 to approve the three waivers for the survey of all tree species, the section
12 checklist, and to waive the tree bylaw as prepared in the draft waiver findings as discussed
tonight. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion
4-1-0 (Roll call: Creech – No; Peters – yes; Schanbacher – yes; Thompson – yes; Hornig – yes).
MOTION PASSED
Mr. Schanbacher moved to approve the site plan review application from Tracer lane II Realty for
the solar energy system at 0 Cambridge St/Concord Turnpike with the conditions prepared by staff
(dated 5/17) and further modified by the Board tonight and to authorize the Chair to sign the
decision as well as to authorize staff and the Chair to correct any grammatical errors. Ms.
Thompson seconded the motion. The Planning Board voted in favor of the motion 4-1-0 (Roll call:
Peters – yes; Creech – No; 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, continued from March 15
Mr. Peters informed the Board that the Presentation and consideration of updated Transportation
Management Overlay District Plan for TMO-1 (Hartwell Avenue) Area, will be continued on to the
Planning Board meeting to be held on July 19th.
Mr. Schanbacher moved to continue the public meeting for the TMO-1 for Hartwell Ave. district
plan to Wednesday, July 19 at 6:00 pm 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.
Amendments to Board’s Zoning Regulations §176-7.0 Unaccepted Streets Standards by
modifying the Street Adequacy Determination (SAD) requirements
Mr. Hornig recused himself from the discussion due to a potential conflict of interest and left the
meeting as a zoom panelist. Mr. Peters explained the rationale for considering the amendment to
§ 176-7.0, Unaccepted Streets Standards by explaining the scope of work for the street adequacy
determinations that had come before the Board. Ms. McCabe explained the proposed amendments
to the Board. The Board decided to more time for review was needed and wanted to discuss in
further detail during the Planning Board meeting to be held on June 7th, 2023.
Review Work Plan for FY 2024
Lexington Planning Board Meeting Minutes
May 17, 2023,
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Ms. McCabe recommended the Board to start working on the regulations for the new village and
multifamily overlay districts in the next meeting and then work on the zoning amendments for the
annual town meeting.
15-17 Fairland Special Permit Residential Development Street Name
Ms. McCabe gave a brief recap on the project on Fairland Street, which was approved in 2019 and
the subsequent modification in 2022, and added that there was no street name and the applicant
now requested for the street to be named as Common Court and the Town staff had no issues with
the street name.
Mr. Schanbacher moved to approve the name for the common drive as "Common Court" for the
drive serving the balanced housing development at 15-17 Fairland and Lincoln Street. 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
Staff Updates
Ms. McCabe said that she did not have any staff updates.
Board Member Updates
Mr. Hornig informed the Board that Hanscom Area Town Committee was meeting on May 18th 2023
and asked the Board members to inform him if they had any concerns with anything that is going
on in Hanscom.
Upcoming meetings: June 7 & June 28
Ms. McCabe reminded the Board members about scheduling the Planning Board meetings for Summer
of 2023. Mr. Peters asked the members to inform Ms. McCabe about the members’ availability for the
proposed dates. Mr. Peters reminded the Board about the upcoming meetings on June 7th and June 28th
and went over the anticipated agenda items for the meetings.
Review of Meeting Minutes: 5/3/2023
The Board decided to review the Minutes of May 3rdth 2023 at the next meeting.
Adjourn
Lexington Planning Board Meeting Minutes
May 17, 2023,
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Mr. Schanbacher moved that the Planning Board adjourn the meeting of May 17, 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 9.44 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. 0 Cambridge St./Concord Turnpike Tracer Lane Solar Project – Material can be found in View
Point Cloud: PLAN-22-14
a. Waltham City Solicitor Comments, packet with exhibits dated 05.03.23
b. Waltham City Solicitor letter dated 05.10.23
c. Response to questions from Ed. Sullivan from applicant’s Electrical Engineer
d. Features and specifications of 3-Phase Transformer-less Commercial String
Inverters.
e. Lexington Tree committee letter received May 12, 2023
f. 1993 Lexington PB Trial Court Case documents
g. Tracer Lane II Realty, LLC Vs City of Waltham document dated 06.02.2022
h. Letter from City of Waltham Law Department received 05.02.23
i. Letter from City of Waltham Law Department dated 05.12.23
j. Staff suggested waivers and conditions.
k. Public Comments submitted via email provided to Board members, for the May 17th
2023 meeting
2. Street Adequacy Determination (SAD) requirements – Planning staff memo to Board, draft
regulations.
3. Review of Work Plan for FY 2024- Planning Board work plan for May 2023 – April 2024.
4. 15-17 Fairland St- 2022 Approved plans.