HomeMy WebLinkAbout2023-07-19-PB-min
Lexington Planning Board Meeting Minutes
July 19, 2023
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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
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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
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July 19, 2023
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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
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July 19, 2023
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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.
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July 19, 2023
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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
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July 19, 2023
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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.
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July 19, 2023
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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