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HomeMy WebLinkAbout2023-07-19-PB-min Lexington Planning Board Meeting Minutes July 19, 2023 Page 1 of 7 Minutes of the Lexington Planning Board Held on Wednesday July 19, 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: Sheila Page, Assistant Planning Director; Molly Belanger, Planner; and Kiruthika Ramakrishnan, Planning Coordinator. Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, July 19, 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 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 Amend Transportation Management Overlay District Plan for TMO -1 (Hartwell Avenue) Area Mr. Schanbacher moved to continue the public hearing to amend the Hartwell Avenue TMO-1 District Plan and section 10 of the regulations to August 30, 2023 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; Hornig-yes; Thompson – yes). MOTION PASSED Development Administration 95 Hayden Ave. (128 Spring St.) Minor Modification to 2022 Site Plan Review approval for a temporary construction access The applicant was represented by their attorney Peter Tamm. Also present were the project engineers Chase Johnson and Scott Turner, project transportation engineers Robert Michaud and James Pfeiffer. Mr. Tamm shared the presentation on the request for minor modification for a temporary construction access. Mr. Tamm gave a brief summary of the Planning Board’s Site Plan Review approval from September of 2022 approve the new lab building after the zoning was amended by Town Meeting. Mr. Tamm shared details of the proposed minor modification with the Board. The Planning staff informed the Board about the review of the application by police, fire, building and engineering staff and explained that they did not have any objections. Ms. Page asked the applicant if one of the trees could be moved to the applicant’s property. The applicant agreed to the request. Lexington Planning Board Meeting Minutes July 19, 2023 Page 2 of 7 Mr. Creech wanted clarification on the number of phases served by the temporary access. Mr. Tamm said the temporary access will serve all the phases of the construction. Mr. Schanbacher moved to determine the request to be a minor modification. 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 modify the 2022 Site Plan Approval to grant temporary construction access and to adjust the tree mitigation plan to account for an additional tree removal. 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 25 Hartwell Ave. – Public meeting on a Preliminary Subdivision application to subdivide the lot into three lots on a small cul-de-sac The applicant and property owner Teri Ford of Greatland Realty Partners was present. Also present was the project manager David Robinson. Mr. Robinson gave a brief overview of the preliminary subdivision and stated that the purpose was to subdivide the lot into 3 parcels for the purpose of a zoning freeze. Mr. Robinson shared his presentation and went over the details of the application. Ms. Belanger explained that since it is a preliminary subdivision application, it will not result in any building permits and that the applicant has to come before the Board at a later date for a definitive subdivision plan. Ms. Belanger added that the staff do not see any issues with this application and they recommend the Board to vote on the application. Ms. Belanger shared the draft decision of the Board pertaining to 25 Hartwell Avenue and the members discussed the provisions and made a few minor edits. Mr. Schanbacher moved to approve the preliminary subdivision for 25 Hartwell Avenue as written in the draft decision prepared by staff and as further amended during the meeting. 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; Hornig-yes; Thompson – yes). MOTION PASSED 40 Hartwell Ave. – Public meeting on a Preliminary Subdivision application to subdivide the lot into three lots on a small cul-de-sac The applicant Teri Ford was present. Also present was the project manager David Robinson. Mr. Robinson gave a brief overview of the preliminary subdivision and stated that the purpose was to subdivide the lot into 3 parcels for the purpose of a zoning freeze. Mr. Robinson shared his presentation and went over the details of the application. Ms. Belanger stated that the staff do not see any issues with this application and they recommend the Board to vote on the application. Ms. Belanger shared the draft decision of the Board pertaining to 40 Hartwell Avenue and the members discussed the various provisions. Public Comments Ms. Keranie Theodosiou, 38 Drummer Boy Way, wanted to have a better idea of what was being considered in the future for the preliminary subdivision. Mr. Peters explained that the two applications Lexington Planning Board Meeting Minutes July 19, 2023 Page 3 of 7 under consideration were for zoning freezes and would enable the property owners to preserve their rights under the current zoning. Ms. Doris Wang, 12 Drummer Boy Way, wanted to know the purpose of obtaining a zoning freeze. Ms. Page clarified that the purpose was to allow an applicant to file a preliminary subdivision followed by a definitive subdivision that would freeze the zoning as of date for eight years and the applicant has the ability to opt in to zoning at the time of freeze. Mr. Schanbacher moved to approve the preliminary subdivision for 40 Hartwell Avenue as written in the draft decision prepared by staff and further amended during the meeting. 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; Hornig-yes; Thompson – yes). MOTION PASSED Board Administration Public Hearing to amend the Planning Board’s Zoning Regulations Chapter 176 of the Code of Lexington sections on: General Regulations, Fee Schedule, Submission Material, Special Permits, Site Plan Review, Transportation Management Overlays, Site Plan Review Design Regulations, Open Space Residential Developments Mr. Peters opened the public hearing to amend the Planning Board’s Zoning Regulations Chapter 176 of the Code of Lexington sections on: General Regulations, Fee Schedule, Submission Material, Special Permits, Site Plan Review, Transportation Management Overlays, Site Plan Review Design Regulations, Open Space Residential Developments. Mr. Peters explained that this was a work session for the Planning Board members to update their Regulations and they will also take public comments at certain portions as they move through certain chapters of the Regulations. Staff has prepared a draft for Board members, also posted in Novus. Ms. Belanger reminded that ‘shall’ would mean that it was expected and ‘should’ would mean that it was desired but not expected. Ms. Belanger shared the draft amendments and staff suggestions related to Section 176 of the Planning Board regulations, section 12, and went over the recommended changes. The Board members reviewed the regulations pertaining to § 12.2 General Compliance and came up with their recommendations. The Board members next discussed § 12.3 Construction Standards. Mr. Leon suggested that clear and concise words be used to specify trees in order to preserve existing vegetation. Mr. Peters opened the public hearing up to public questions and comments. Public Comments: Tina McBride, 45 Turning Mill Road, commented that specimen, unique and mature trees are very specific. The Board then discussed § 12.4: Access; Parking; Transportation. Mr. Leon wanted to know the basis on which a determination will be made about not creating backups on the public ways for vehicles trying to access the site. Ms. Page responded saying that a traffic study may not be required for staff to determine Lexington Planning Board Meeting Minutes July 19, 2023 Page 4 of 7 it, but it could be the responsibility of the applicant to prove that it will not create any backups. The Board agreed to put some thought on this provision and come up with ways to determine the impact on public ways. The Board then discussed the updates for bike parking, safe pedestrian and bicycle access from sidewalks and bikeways. The Board members also discussed the parking space for micro mobility devices, carriages and strollers. The Board members discussed the provisions of Drainage and Stormwater Management and wanted to come up with a rational threshold for storm water control and also sidewalks and pathways. The Board recessed at 8:04 p.m. and reconvened at 8:09 p.m. Mr. Peters opened the public hearing up to public questions and comments. Public Comments: Tom Shiple, 18 Phinney Road, said that based on § 135.5.1.8 of the bylaw pertaining to bicycle parking facilities, there are a lot of different kinds of commercial establishments besides office manufacturing and research laboratories that should also be taken into consideration. Sally Bleiberg, 960 Waltham Street, commented that the Board was not doing the right thing in passing on the issue of sustainability and building materials and that it would be beneficial to have them addressed in the regulations. Tina McBride, 45 Turning Mill Road, commented that the parking issues have to be addressed with higher density in mind. Ricky Pappo, 16 Blossom Crest Road, supported retaining the language in the draft version regarding storm water management. The Board discussed the regulations pertaining to § 12.5 Building Planning and Design and came up with their recommendations. Public Comments: Ricky Pappo, 16 BlossomCrest Road, felt that it is essential for the Town to meet some of the sustainability goals and to set clear expectations for the builders. The Board members reviewed the provisions of §12.6 – Landscaping and offered their suggestions. The members discussed the provisions of Outdoor gathering and Amenity space in detail and discussed the suggested edits for residential and commercial spaces. Public Comments: Nancy Sofen, 3 Abernathy Road, felt that the Planning Board should encourage trees along public ways wherever possible. Ms. Sofen added that the SITES checklist is critically important particularly for larger projects and appreciated that it was present in the regulations. Lexington Planning Board Meeting Minutes July 19, 2023 Page 5 of 7 The Board then discussed the provisions of § 12.7 Signage and Wayfinding and §12.8 Outdoor Lighting. Mr. Hornig provided his suggestions to reflect the regulations in the zoning bylaw. Public Comments: Keranie Theodosiou, 38 Drummer Boy Way, wanted to know where life science buildings will fall in the use table that was presented to the Board and wanted the specifications regarding internal lighting to be more specific. The Board then discussed the provisions of §12.9 pertaining to Utilities and § 12.10 pertaining to Inclusionary Dwelling units. Mr. Hornig felt that regulations pertaining to inclusionary dwelling units should be in a separate section in order to be clear and concise. The members discussed the various provisions and came up with their suggested recommendations. Mr. Schanbacher moved to continue the public hearing for the Amendments to the Board's Zoning Regulations to 6:00 pm on Wednesday, August 9 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; Hornig-yes; Thompson – yes). MOTION PASSED 28 Meriam St. & 32 Edgewood Rd. – Approval Not Required (ANR) Plan – Create additional lot at Map 56, Lot 94A Ms. Belanger shared the ANR plan of 28 Meriam Street to divide the existing lot into two lots and gave a brief overview of the application. Ms. Belanger explained that both lots being created from 28 Meriam St. meet minimum frontage requirements (along Edgewood Rd.). Ms. Belanger added that the staff see no issues with the application and the plan. Mr. Hornig wanted to know if the applicant was moving or adjusting the lot line between 32 Edgewood Road and 28 Meriam Street. Ms. Page clarified that both the lot lines were involved and that the lot line was being moved is on 28 Meriam St. Public Comments: Mark Swartz, 35 Meriam Street, wanted to know, given the outlined plot lines, if building a new structure on the vacant lot was contingent upon destruction of the existing structure. Ms. Page clarified that since the lot lines meet the requirements, another structure could be built upon approval by the zoning and building commissioner. Mr. Swartz wanted to know the zoning type for the new lots and the restriction on the type and number of units on the property based on the type of zoning. Mr. Schanbacher moved to endorse the ANR Plan for 28 Meriam 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; Hornig-yes; Thompson – yes). MOTION PASSED Lexington Planning Board Meeting Minutes July 19, 2023 Page 6 of 7 6 Park St. Release of surety for completion of work associated with 2022 Street Adequacy Determination Ms. Belanger explained that the applicant had scheduled road improvements for the week before, which was delayed due to equipment issues and added that they are expected to reschedule it before the next Planning Board meeting. Ms. Belanger added that the staff requests the Board to vote to allow the Planning staff to release the surety upon confirmation from engineering that the road improvement was complete. Mr. Schanbacher moved to allow Planning staff to return the surety funds to the applicant after confirmation that the road improvements have been completed per the September 21, 2022 Street Adequacy Determination and approved plans. 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; Hornig-yes; Thompson – yes). MOTION PASSED Board Member Updates There were no updates from Board members. Staff Updates There were no updates from staff Upcoming Meetings: August 9, August 30, September 13 Mr. Peters reminded the Board about the upcoming meetings scheduled for August 9, August 30 and September 13 and went over the anticipated agenda items for the meetings. Review of Meeting Minutes: 6/28/23 Mr. Schanbacher moved that the Planning Board approve the Minutes of 6/28/23 meeting as presented. 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 July 19, 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. Lexington Planning Board Meeting Minutes July 19, 2023 Page 7 of 7 List of Documents 1. 95 Hayden Ave. (128 Spring St.): 95 and 99 Hayden Temporary Construction Access Letter dated June 28, 2023, Temporary Construction Driveway Sketch revised through June 22, 2023, Temporary Access – Presentation, 2022 Site Plan Review approval decision dated September 21,2022 (17 pages) 2. 25 Hartwell Ave: Preliminary Subdivision application submission for 25 Hartwell Avenue, preliminary development plans (PLAN-23-31) online application, Engineering Comments dated July 12,2023, Staff memo dated July 12,2023 (4 pages), draft decision dated July 19, 2023 (6 pages), Preliminary Subdivision- Applicant’s responses to staff comments dated July 19, 2023 (4 pages). 40 Hartwell Ave: Preliminary subdivision application submission for 40 Hartwell Avenue, preliminary development plans (PLAN-23-32), Engineering Comments dated July 12,2023, Staff memo dated July 12, 2023( 4 pages)and draft decision dated July 19, 2023 ( 5 pages), Preliminary Subdivision- Applicant’s responses to staff comments dated July 19, 2023 (4 pages). 3. Public Hearing to amend the Planning Board’s Zoning Regulations Chapter 176 of the Code of Lexington: Letter from Lexington Cluster Housing Study Group T. Shiple, J. Luker, B. Katzenberg; Letter to Planning Board re 7-19-2023 hearing date and webinar format from P. Hoffman, E. Luther, H. Theodosiou, D. Wong, Email from Christopher Barnett, Email from Emir Roach on Net Zero techniques, Ms. McCabe’s response to Mr. Emir’s email, draft of Net Zero Development Guide, Section 3, 4, 5 and 6 of Planning Board regulations revised through July 14, 2023, Section 12 Site Plan Review Design Regulations revised through July 14th,2023, Section 9 Site Plan Review Design Regulations, Section 9 Site Plan review revised through July 15,2023, Summary of changes to regulations from Ms. McCabe revised through July 15, 2023, Excel spreadsheet showing the frontage, square feet, area, parcel count and units per acre in East Lexington VOD., Chapter 176- Planning Board Zoning Regulations, Revised Section 9 Site Plan review revised through July 19,2023, Revised Section 12 Site Plan review revised through July 19,2023, Revised Section 12.4 Site Plan review 4. 28 Meriam St. & 32 Edgewood Rd: ANR application submission PLAN-23-34, ANR plan for 28 Meriam St dated July 13, 2023, Aerial view of 28 Meriam St 5. 6 Park Street: Road improvement plan September 2022, Planning Board SAD decision dated September 21, 2022( 3 pages), Surety Release Request from Planner Ms. Belanger, dated July 18, 2023. 6. Draft meeting minutes for 6/28/23 Planning Board meeting