HomeMy WebLinkAbout2023-10-25-PB-min
Lexington Planning Board Meeting Minutes
October 25, 2023
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Minutes of the Lexington Planning Board
Held on Wednesday October 25, 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: Abby McCabe, Planning Director; 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, October 25, 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.
Development Administration
Beech Tree Lane Subdivision, 1, 2, 3 & 6 Beech Tree Lane (Off Pelham Rd.) – RFP Family Trust
request to release 4 lots from covenant and accept new performance guarantee
Mr. Peters informed the Board that the item for Beech Tree Lane Subdivision, 1, 2, 3 & 6 Beech Tree Lane
(Off Pelham Rd) regarding RFP Family Trust’s request to release 4 lots from covenant and to accept new
performance guarantee, will be moved to a future date. Ms. McCabe informed the Board that the
applicant was in the process of determining the security amount to be proposed for their subdivision and
is not ready to go forward this evening. Staff will work with the applicant of an upcoming meeting.
Town Meeting
Public Hearing: Article 12 Amend Zoning Bylaw Planned Development District CD-15 for 2013-
2027 Massachusetts Avenue Inn at Hastings Park
Mr. Peters opened the Public Hearing on Article 12 for the Special Town Meeting to amend the zoning
bylaw for Planned Development District CD 15 for 2013-2027 Massachusetts Avenue, the Inn at Hastings
Park. The proposal is to amend the schedule of dimensional controls to increase the maximum allowable
seating capacity from 54 to 128 for the restaurant and amend the associated required off-street parking
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October 25, 2023
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from one parking space for every 6 seats to one space for every 12 seats from the CD-15 Planned
Development District zoning approved in 2012.
The Applicant Trisha Kennealy was present. Also present was her attorney Ed Grant. Ms. Kennealy gave a
recap on how zoning was established to create the Inn at Hastings Park. Ms. Kennealy shared her screen,
explained that they do not intend to expand the physical footprint of the property, that the seats under
discussion have been in existence since the Inn was opened, and explained the distribution of seating
across the property. Ms. Kennealy explained that, since they’ve been open for almost ten years, the
parking is sufficient, many guests now use rideshare which was not as common in 2012 when the Inn was
first opened, and there is an arrangement with Volvo for one shared vehicle on the property.
Mr. Creech explained the outcome of his site visit to the Inn earlier in the week and said that the seating
and parking at the Inn was very efficiently handled and he supports the request for changes to the parking
requirements and all other requests.
Mr. Peters asked Ms. Kennealy if there were any major accidents when vehicles exited from the Inn’s
parking lot. Ms. Kennealy said there have been no accidents and the redesign of the roads around the Inn
have ensured that it is safe around the Inn. Mr. Peters wanted to know if the MOU from the Select Board
was transferable to a new owner. Ms. Kennealy said that the MOU was transferable with the property
and Mr. Grant confirmed the same. Mr. Peters noted that in the staff memo staff suggested not setting
the number of seats in the zoning to reserve the seating limit at a 128 or another amount consistent with
the building code in Site Plan Review process. Ms. McCabe said that this suggestion was to not limit the
seating capacity to a set number which would require presenting the whole rezoning process to Town
Meeting for any future changes in zoning, but to give the Planning Board the powers to arrive at a number
based on the Site Plan Review process if in the future any further changes are proposed. She noted that
seating is typically limited by parking, building code, and board of health standards and is not typically set
at the Town Meeting zoning level.
Mr. Peters opened the hearing up to public comments and questions.
Public Comments
Phil Hurd, 2016 Massachusetts Avenue, was not in favor of the expansion because he is concerned about
light trespass and traffic issues.
Dawn McKenna, 9 Hancock Street, urged the Planning Board to support the request as the Inn will support
the community and tourism industry. The Inn has been an asset to the community.
Linda Boardman Liu, 18 Belfry Terrace, supported the expansion as the Inn provides a lot of job
opportunities to the members of the community and the management is responsible and productive.
Chris Dunham, 2006 Massachusetts Avenue, expressed his opposition to the expansion believing this is a
big increase from what was approved in 2012 by the Town Meeting and the Select Board.
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October 25, 2023
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Nyles Barnert, 142 Worthen Road, wanted to know why the Planning staff recommended keeping the
parking capacity variable when the footprint was undisturbed. Ms. McCabe said that the recommendation
was intended for minor changes in the future to be decided by a Site Plan Review process by the Planning
Board, instead of having to go back to the Town Meeting for approval.
Tom Shiple, 18 Phinney Road, felt that the Inn has gradually demonstrated their capacity to responsibly
accommodate more guests and hence supported the proposal.
Ruth Thomas, 10 Parker Street, wanted to know if after the approval, there was a possibility for the seats
to be located anywhere in the restaurant and if there was a possibility for the Inn to expand their footprint.
Ms. Kennealy said there was no room to physically expand the footprint of the property.
Mr. Dunham wanted to know if the applicant intended to seek a liquor license condition permitting 128
simultaneous covers with a full drinking and dining capacity. Ms. Kennealy responded that the way the
liquor license is from the State is by space, not capacity.
Mr. Hornig asked the applicant to change the proposed motion in the packet to make the language clear
and concise for future references by explicitly updating the section numbers to reference the current
bylaw. Ms. McCabe said that she will make those updates.
Mr. Leon supported Ms. Kennealy’s application since he felt that the Kennealys have revitalized the
location, the Inn is a valuable asset to the community, and stated that the location of the Inn is not a fully
residential neighborhood and is a mixed-use neighborhood. Mr. Leon wanted to address the possible
scenarios in case of transfer of ownership and also wanted to know if the Select Board will be able to
maintain the same control on the liquor and seating licenses over special event operations.
Ms. Hai, member of Select Board, stated that the transfer of liquor license requires approval through an
application to both the State and the Select Board. The Select Board would be the granting authority and
the change of use would be considered by the Select Board when considering the transfer application.
Mr. Creech felt that it would be very undesirable if the Inn was converted into an event facility in the
future and was hoping the Select Board had the ability to prevent such occurrence.
Mr. Schanbacher felt this was a reasonable request and felt that it would make things simple to stick with
the definite number of 128 for the seating capacity, instead of arriving at a number based on the Site Plan
Review process by the Planning Board. Mr. Peters agreed with Mr. Schanbacher.
Ms. Thomas emphasized that it was a residential area.
Mr. Schanbacher moved to close the public hearing for the zoning amendment for Article 12 for 2013-
2027 Massachusetts 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
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October 25, 2023
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Mr. Peters asked if there was any further discussion by the Board members on going ahead with the
definite number of 128 seats instead of leaving it to the discretion of the Planning Board based on Site
Plan Review approval. The Board members agreed with the applicant’s request for 128 seats.
Ms. McCabe shared the Planning Board report with recommendation to the Special Town Meeting 2023
and she told the Board that she will update item 3 to make it clear based on Mr. Hornig’s suggestions.
Mr. Schanbacher moved to recommend Town Meeting approve the motion under Article 12 for the
reasons described in the draft Planning Board report as amended through the October 25 and, as
discussed this evening. 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. Creech wanted to know if maintaining the landscape screening in front of the parking lot by the
property owner was required or not. Ms. McCabe clarified that it was required because it was part of the
original approval, in the event of a Site Plan Review in future it would be reviewed again, and that the
landscaping has to be maintained for the life of the project since the old approval will still be in effect.
Mr. Schanbacher moved to approve the draft report for Article 12 as discussed this evening for Special
Town Meeting 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
Public Hearing: Article 11 Amend Zoning Bylaw §9.3.3 Planning Board Associate Member
Mr. Peters opened the Public Hearing on Article 11 to amend the zoning bylaw §9.3.3 referring to the
Planning Board Associate Member.
Ms. McCabe shared the slides on Article 11 to amend the §9.3.3 of the zoning bylaw, referring to the
Planning Board Associate Member, at the Special Town Meeting. Ms. McCabe explained the purpose of
the amendment and the need for it. Ms. McCabe explained that currently the zoning bylaw only allows
the chair to designate the associate member as a voting Board member on Special Permit applications if
a full member can’t participate. With the proposed amendment, the chair’s authority is expanded to
designate and call the associate member to sit on all types of applications only in the event of a Board
member’s absence, conflict, vacancy or inability to act on an application. Ms. McCabe added that this is
necessary due to the zoning amendments at last Annual Town Meeting that would make Site Plan Reviews
more common as opposed to Special Permits. Ms. McCabe said that this Article 11 would allow more
opportunities in the event of any inability of a full Board member to act on an application and would allow
the application to move forward by expanding the powers of the Associate member to act as a full Board
member.
Mr. Peters opened the public hearing up to public comments and questions. There were none.
Mr. Schanbacher moved to close the public hearing for zoning amendment Article 11 relative to the
associate Planning Board member. Ms. Thompson seconded the motion. The Planning Board voted in
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October 25, 2023
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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 recommend Town Meeting approve the motion under Article 11 for the
reasons described in the draft Planning Board report as amended through October 25. 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 and discuss any other warrant articles for Special Town Meeting: - Article 8 Speed
Hump Pilot Program
Ms. Page gave a brief overview of the Transportation Safety Group (TSG) and its role in maintaining the
safety of roadways. Ms. Page explained that one of the main complaints of residents is speed and, on
receipt of complaints, the TSG places speed recorders for a week to determine the speed. Ms. Page said
that the residents usually want speed humps to control speeding. Due to concerns for public safety,
response time, damage to Town equipment, and noise and inconvenience to neighbors, speed humps are
not readily installed to address speeding concerns. Instead, Ms. Page said options like speed feedback
signs and road narrowing techniques are resorted to. Ms. Page said that a physical alteration to roads
have proven to slow the speed of the vehicles considerably.
Based on the success stories from other communities that have used speed humps or speed tables, Ms.
Page said TSG is proposing a speed pilot program modeled after the City of Salem. The proposal was to
purchase temporary rubber speed humps and their module in order to size it appropriately, and also to
hire a consulting engineer to help determine the appropriate size and location. The temporary speed
humps will be tested for two seasons from April to October and based on the evaluations necessary
adjustments will be made and tested again for one more season.
Ms. Page said that the first proposal is to try the speed hump on Walnut Street and based on the
evaluations and impacts to Town services and the neighborhood, decisions will be made for permanent
installation of the speed humps. Ms. Page said that the request is for $101,000, which would come from
the Transportation Mitigation Stabilization Fund.
Mr. Creech wanted to know if the TSG unanimously favored the speed hump pilot program. Ms. Page said
that the TSG members from the Police department were hesitant because of concerns of response times.
Ms. Page added that the Department of Public Works (DPW) and the Fire department have concerns too.
Mr. Creech said that in the past, speed humps have made him realize that he was going a little too fast,
concluded that they are effective, and felt that Walnut Street was a good candidate for a pilot program
and favored the pilot program.
Mr. Peters wanted to know if the temporary speed humps were of the same geometric profile as an
installed speed hump. Ms. Page said that the temporary speed hump would mimic the design of an
installed speed hump and depending on the target speed, the dimensions of the speed hump can be
modified.
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October 25, 2023
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Mr. Hornig wanted to know if the temporary speed hump will be appropriate for the current speed limit
on Walnut Street. Ms. Page said that, with the help of consultants, they would ensure that temporary
speed humps will be appropriate. Mr. Hornig also wanted to know if part of the appropriated money
would go towards data collection about the success of the project like surveys and measurements. Ms.
Page explained that there will be studies made before and after installation and to study the volume,
speed, and impact on traffic. Mr. Hornig asked if the neighbors were informed. Ms. Page said that the
request was put forth by neighbors and there will be neighborhood meetings at various points to educate
them and to get their feedback. Mr. Hornig also wanted to know if the idea can be abandoned if the pilot
program does not work as intended for the Fire and Police departments. Ms. Page said that the temporary
humps can be removed easily. Mr. Hornig said that he wanted to understand the concerns of the Police,
Fire, and DPW staff before extending supporting taking a position at Town Meeting. Ms. Page said that
she will share the views from Police, Fire and DPW staff on the subject.
All members of the Board agreed with Mr. Hornig. It was decided that they would take a position at Town
Meeting based on additional information received from Police, Fire, and DPW staff.
Board Administration
Work session to discuss possible zoning amendments for 2024 Annual Town Meeting, which
may include, but is not limited to the following areas, of the Zoning Bylaw: (Signs, Definitions,
Table of Uses, Gross Floor Area)
Ms. McCabe informed the Board that the staff are evaluating and assessing the signs and their permits
across town in various zoning districts and are working with the suggestions to be presented to the
Planning Board. Ms. McCabe mentioned that a lot of businesses have appeared before the Zoning Board
of Appeals asking for relief to have larger signs and second signs installed in their premises and hence the
need for amending the signage bylaw.
Ms. McCabe said that the staff is working on the Table of uses particularly pertaining to food
establishments, updating definitions pertaining to gross floor area (GFA) calculations and other definitions
in the zoning bylaw.
Mr. Leon said analyzing GFA calculations of neighboring communities will help make productive
recommendations and address the frustrations of residents. Ms. McCabe said that staff will work on the
analysis of other communities.
Board Member Updates
Mr. Hornig updated the Board about the activities going on in the housing world, specifically those related
to affordable housing, and informed the Board about the information session on community resources
and affordable housing earlier in the evening on October 25th. Mr. Hornig also informed the Board about
the housing roundtable to be held on November 2nd and encouraged board members to attend. Mr.
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October 25, 2023
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Hornig also encouraged the members to attend the Lexington Center Workshop on November 17th and
18th.
Mr. Creech updated the Board about the Community Preservation Committee’s (CPC) special meeting
with the Housing Partnership, LexHAB and the Affordable Housing Trust (AHT) and the chair of the AHT’s
presentation to CPC requesting funds.
Upcoming Meetings: 11/8 (pre-town meeting), 11/29, 12/13
Mr. Peters reminded the Board about the upcoming meetings scheduled for November 8, November 29,
December 13. The Planning Board decided to meet on November 7th briefly, to discuss matters before the
Special Town Meeting.
Review of Meeting Minutes: September 27, 2023 Draft
Mr. Schanbacher moved that the Planning Board approve the draft Minutes of the public meeting held
on 9/27/23 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 October 25, 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 8.13 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. Beech Tree Lane Subdivision, 1, 2, 3 & 6 Beech Tree Lane (Off Pelham Rd.): Scope of work cost
estimate dated 10.20.2023, Covenant dated 08.16.2021, Approved plans dated 2.11.2020,
Planning Board Approval decision dated 04.07.2020, Lot Release Request.
2. Public Hearing: Article 12 Amend Zoning Bylaw Planned Development District CD-15 for 2013-
2027 Massachusetts Avenue Inn at Hastings Park: Public Hearing Notice, Project Narrative,
Petition for Rezoning, Approved PSDUP Plan from 2012, New PSDUP Plan set, Planning Staff
Memo dated 10.20.23, Economic Development Director Memo dated 10.19.23, Proposed
Zoning Motion dated 10.25.23, Draft Planning Board Report dated 10.24.23.
3. Public Hearing: Article 11 Amend Zoning Bylaw §9.3.3 Planning Board Associate Member: Work
session to discuss possible zoning amendments for 2024 Annual Town Meeting: Notice of Public
Hearing, Article 11- 2023 Special Town Meeting Warrant, Special Town Meeting 2023- Motion,
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October 25, 2023
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Power Point Presentation to Special Town Meeting on Article 11, Draft Planning Board Report
dated 10.24.23
4. Review and discuss any other warrant articles for Special Town Meeting: -Article 8 Speed Hump
Pilot Program: Memo to Town Meeting regarding Special Town Meeting 2023 Town Meeting
Warrant dated 9.26.23
5. Draft Meeting Minutes of 09.27.23 Planning Board Meeting