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Home My WebLink About2016-12-07-PB-min PLANNING BOARD MINUTES MEETING OF DECEMBER 7, 2016 A meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room was called to order 7:01 p.m. by Chair Tim Dunn, with members Charles Hornig, Nancy Corcoran-Ronchetti, Richard Canale, and Ginna Johnson and planning staff Aaron Henry, and Lori Kaufman present. ****************************STAFF MEMBER REPORTS************************** General updates: As he could not attend the meeting, Mr. Michael Leon, the Board’s Associate Member and a land use attorney, offered comments on the draft articles included in the meeting packet material. ************MEETING WITH THE CONSERVATION COMMISSION***************** Development coordination and potential amendments to the Town Code: Conservation Commission Chair Philip Hamilton, Member Ms. Alex Dohan, and Conservation Agent Karen Mullins joined the Board. The discussion began with a request for closer communication on development projects that include protected resources and permitting from both groups. Ideally applicants would file an ANRAD, or Abbreviated Notice of Resource Delineation, which would provide the commission an early look at potential development sites and result in the Board receiving more accurate plans. There was concern about how the common open space should be transferred to the Town or placed under a conservation restriction. Board Comments:  Ask Town Counsel if the open space can be required to be titled to the Town.  In the past, the Planning Board was advised that the Town does not want land titled to them.  If land has a conservation restriction how should it be zoned, since it does not show in the open space plan? The Conservation Commission would like to be consulted when something comes up that is not listed on the open space plan.  When there is a Special Permit, the Board can request public access and easements, but not sure they can require it to be public access.  Invite the Conservation Commission to try to control the land through zoning.  What is the appropriate amount of building that should be allowed in the buffer zones? The Board can’t decide what is appropriate and cannot require the applicant to go for an Page 2 Minutes for the Meeting of December 7, 2016 ANRAD. The Conservation Commission will seldom allow new construction in the 50- 100 foot buffer zone, but goes application by application.  If there is infrastructure on the site would there be a desire to still control the property?  The Commission does not allow disturbance of more than 50% of the land in the 100-foot buffer of the original site. ******************************PUBLIC COMMENT*****************************  When the land gets conveyed does the Town want it and does it come off the tax bill?  Affordable housing some units will have an expiring use is that true and if that occurs how will the Planning Board handle these expirations? Are there plans in place? Mr. Henry said a review is done on a year to year and there are safeguards and contingency plans would kick in. The RHSO is working with Lexington and other neighboring towns and is in good shape for the 2020 recalculation.  Realtors that have been around could provide a wealth of knowledge, for example, blasting done to a site and the significant impact it has on an abutter’s property to the foundation and fireplace. ***********************2017 ANNUAL TOWN MEETING************************** Discussion of Warrant articles for 2017 ATM Economic Development Articles: The Board was joined by the Town’s Economic Development Director, Melisa Tintocalis, to share staff’s recommendations regarding both near-and long-term plans to encourage economic development within the Town. The purpose of these changes is to modestly expand the CRO district, move its boundary lines to coincide with parcel lines, and increase the permissible FAR while permitting more flexibility to its dimensional standards. Bedford Street, Forbes Road and South Spring Street were all addressed, making some GC Districts and others CRO Districts.  This article represents only the first part of a larger plan.  Concerned was expressed that this will create more office use, which is less desirable than the lab space and will add to the traffic jams.  Want to hear how abutters feel.  Want to see an analysis of a 0.35 Hartwell Avenue build out. Will further discuss next week. Continued Discussion of Residential Zoning Articles from 11/30/16 Meeting:  Two-Family Houses-Some Board members felt this would be a good starting point for this amendment to the zoning bylaw. Minutes for the Meeting of December 7, 2016 Page 3 Mr. Henry cautioned that as presently drafted it is unlikely to be any demand use for this right, and contains possibly illegal provisions, and therefore questions if it is worth bringing forward to Town Meeting. Other residential development standards: The new definition on site coverage, which is regulated in Table 2 of the Zoning Bylaw, attempts to address controls for the horizontal dimensions of residential development. The Board would like to see what neighboring communities are doing to help guide what would work in Lexington. The Board will continue this discussion at next week’s meeting. Vote for Warrant Article requests: On a motion duly made and seconded, it was voted, 5-0, to request the Board of Selectmen reserve placeholders for the following proposed warrant articles for the 2017 Annual Town Meeting:  Special Permit Residential Developments  GFA Follow Up (Definition Changes)  Scenic Roads (General)  NCD Technical Changes (General)  Zoning Bylaw Technical Changes On a motion duly made and seconded, it was voted, 5-0, to request the Board of Selectmen reserve placeholders for the following proposed warrant articles for the 2017 Annual Town Meeting:  Turning Mill NCD (General) ****************************BOARD ADMINISTRATION************************* Upcoming meeting schedule and known agenda items:  December 14, 2016: All placeholder articles moved through.  January 4, 2017: Definitive subdivision plan for Grove Street.  January 11, 2017: tentative meeting  January 18, 2017: Public Information Meeting on requested placeholders.  February 1, 2017: Public hearings for Town Meeting begin, some development administration may need to be included.  February 15, 2017: Continuation of public hearings, joint hearing with the Historical Commission regarding the proposal to create the Turning Mill NCD. Page 4 Minutes for the Meeting of December 7, 2016  March 1, 2017: Conclude any remaining public hearings for zoning bylaw amendments.  March 8, 2017: tentative  March 15, 2017: Finalize Town Meeting reports. The Planning Board may have to meet with the Board of Selectmen at their Monday meeting. Board Member Reports: Mr. Canale announced that the Battle ROAD Scenic Byway meets tomorrow. CPC still going through projects, with plans to take formal votes on Thursday, December 15. Mr. Hornig filled out a Disclosure by Non-Elected Municipal Employee of Financial Interest and Determination by Appointing Authority as required by G.L.c.268A §19, regarding the Community Preservation Committee’s discussion to fund Cotton Farm Conservation Area Improvements. Since the Planning Board is his appointing authority to the CPC, he asked for a determination of how he should proceed. On a motion duly made and seconded, it was voted, 4- 0, with Mr. Hornig recused, that the financial interest identified is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee. On a motion duly made and seconded, it was voted, 5-0, to appoint Mr. Canale as the Planning Board representative Byron Lockwood NCD. On a motion duly made and seconded, it was voted, 5-0, to adjourn at 9:37 p.m. The meeting was recorded by LexMedia. The following documents used at the meeting can be found on file with the Planning Department:  Article D Amend Zoning Bylaw & Map CRO District (3 pages).  Site Coverage (1 page).  CRO proposed changes maps showing existing and proposed (6 pages).  Two-family Homes Amend Zoning Bylaws (2 pages).  Mr. Hornig filled out a Disclosure by Non-Elected Municipal Employee of Financial Interest and Determination by Appointing Authority as required by G.L.c. 268A§19 (2 pages) Minutes for the Meeting of December 7, 2016 Page 5  Mr. Leon, Associate Planning Board member comments on proposed amendments to the bylaw regarding lot regularity, proof plans and special permit residential developments (2 pages). Ginna Johnson, Clerk