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Lexington Planning Board Meeting Minutes
May 8, 2024
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Minutes of the Lexington Planning Board
Held on Wednesday May 8, 2024, 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; Meghan McNamara, Planner; Sheila Page, Assistant
Planning Director; Carol Kowalski, Assistant Town Manager for Development; James Kelly, Building
Commissioner and Kiruthika Ramakrishnan, Planning Coordinator.
Robert Peters, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board
on Wednesday, May 8, 2024, at 6:00 p.m. For this meeting, the Planning Board is convening by video
conference via Zoom. Lex Media is filming this meeting and will record it for future viewing here.
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. The Board will
go through the agenda in order.
Development Administration
24 Wachusett Drive – Minor modification to approved street adequacy determination requiring
road improvements
The Planning Board considered the request of the applicants Fred and Rhoda Feldman to not require road
improvements in the vicinity of 24 Wachusett Drive. Ms. McCabe reminded the Board that earlier in
January of 2023, the applicant was required by the Planning Board to perform road improvements to
widen the road to 18 feet for approximately 280 feet from the property’s frontage as part of a Street
Adequacy Determination per § 176-7.0 of the Planning Board Zoning Regulations. Ms. McCabe reminded
the Board about the new regulations they had adopted for unaccepted streets and street adequacy
determinations in June of 2023 and added that the applicant’s request was to not have to reconstruct and
widen the road, which is consistent with the now amended Unaccepted Street Regulations.
David Feldman represented the applicants. Ms. McCabe shared the plan that was approved by the
Planning Board on January 18, 2023. Mr. Feldman explained that he wanted to come before the Planning
Board to get their views before impacting the neighbors’ landscaping and disturbing large trees in the
neighborhood and to reconsider his application under the new regulations.
Mr. Hornig said that he needed feedback from the fire department saying that the current condition of
the road is acceptable to them before he could support this request.
Mr. Leon reminded the Board that, back when the application came before the Board, some of the
neighbors wanted to be in control of the road improvements and hence did not want the applicant to
improve a portion of the road. Mr. Leon added that the Fire Department felt compelled to ask that private
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May 8, 2024
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ways be improved to the standards of the public ways, approximately 20 feet wide. Mr. Peters added that
he had the same recollection of the process.
Public Comments
Mary Alice Haddad, 25 Wachusett Drive, said that a portion of the road has been significantly degraded
since early 2023 and would like the road to be widened.
Melanie Tanionos, 30 Wachusett Drive, said she was also impacted by the construction vehicles and the
road in front of her house was also damaged and asked for the road to be widened.
Board Discussion
Mr. Hornig felt that based on the neighbor’s comments, he sees a lot of reasons for the road to be
widened.
Mr. Schanbacher, felt that though reassurances from the Fire Department would be good, he felt that
with the change in regulations, the Board should not require any road improvements from the applicant.
Ms. Thompson, Mr. Peters and Mr. Creech felt that the concerns of the neighbors and the Fire Department
can be addressed by widening the narrow portions of the road. Mr. Peters also asked the staff to confirm
with the Fire Department that it was acceptable to them. The Applicant agreed to widen the road in the
two areas shown on the approved plan by adding the base and paving in those two areas.
Mr. Schanbacher moved to approve the Applicant's request to not require the full road improvements
outlined in Planning Board's January 18, 2023 Street Adequacy Determination and on the approved
road improvement plans, with the condition that the widening as identified in gray on the site plan will
occur, but not require the complete repaving as previously outlined.\ 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
28 Meriam Street & 32 Edgewood Road, 28 Meriam Street Lexington, LLC – Site Plan Review
Public Hearing for Special Residential Development (continued from March 13 & April 11)
Mr. Peters opened the continued Public Hearing on the application of 28 Meriam Street Lexington, LLC
for major site plan review under §135-6.9 of the Zoning Bylaw and Article VI of §181-71, Stormwater
Management Regulations. The application is for a site sensitive Special Residential Development with 10
dwelling units in four buildings. The project proposes to preserve and renovate the house at 28 Meriam
Street to create a two-family dwelling, raze the house at 32 Edgewood to construct three new buildings
with 8 dwelling units, landscaping, parking, and stormwater improvements. The property is also known as
Map 56, Lots 94A and 94B in the RS zoning district.
The applicant team included: Jason Brickman, Ben Finnegan, Landscape Architect Gary Larson, attorney
Fred Gilgun, Project Engineer Michael Novak, and Jamie Osborn.
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May 8, 2024
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The professional engineer hired by the Town as a peer reviewer for the project, Thomas Houston from
Professional Services Corporation, PC (PSC), was also present.
Mr. Brickman reviewed the changes the applicant had made based on the comments received from the
peer reviewer, neighbors and the Board. Mr. Brickman went over the revisions made to increase the
usable open space to create more centralized courtyard space that can be utilized by the residents. Mr.
Brickman explained that they removed some of the parking spaces as requested at the last meeting. Mr.
Brickman explained the upgrades that would be done to the inclusionary unit and to the historic house to
address concerns raised by Board members. The historic house will keep the hardwood floors and trim
but there will be extensive renovations including insulation added to the attic.
Mr. Finnegan addressed the Board’s questions regarding the Condominium fee, the allocation of the
inclusionary GFA, and the demand for the larger 4-bedroom inclusionary unit. Mr. Finnegan explained the
architectural adjustments to reduce the depth of Building C, the adjustments to elevations of Building A
and B, and shared alternative elevations for Building C.
Mr. Houston said that all his comments from the previous meetings and previous plan sets were resolved
and listed the final ten comments, which can be addressed and included as conditions of approval.
Mr. Kelly went over his memo which explained how the buildings comply with the zoning with respect to
the height in stories.
Ms. McCabe said that the plan changes requested by staff were incorporated in revised plans, added that
staff would like to see an updated landscape plan showing native species, and wanted to confirm with the
fire department if the underground infiltration system would be able to withstand the weight of the fire
truck. Ms. McCabe stated that staff believes that any outstanding issues could be appropriately addressed
through conditions of approval.
Mr. Creech asked if the applicant had considered additional screening for the privacy of direct abutters
including plantings on an abutter’s property. Mr. Finnegan responded that they have proposed a
landscape plan that includes some screening but that plantings on abutting lots did not come up when
speaking with the neighbors.
Mr. Schanbacher asked the applicant the plans they had for screening some of the mechanical units. Mr.
Finnegan explained that it was addressed in the revised landscape plan. Mr. Schanbacher pointed out to
the applicant the code requirements for the egress in buildings A and B and asked the applicant to confirm
if another egress is needed. Mr. Finnegan said they believe they comply but steps will be taken to make
sure the code requirements are complied with.
Mr. Leon asked if any protective measures will be taken to preserve the abutter’s trees. Mr. Finnegan
replied that the tree protection guidelines will be adhered to and will be reviewed by an arborist. Mr. Leon
also wanted to know if the noise mitigation plan covered all the aspects of blasting, pounding and
chipping. Mr. Finnegan said the noise bylaws will be complied with.
Ms. Thompson wondered if it was possible to have a two and a three-bedroom inclusionary dwelling
instead of one four-bedroom unit. Mr. Finnegan explained that based on the recommendation of the
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May 8, 2024
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Regional Housing Services Offices (RHSO) Director, they decided to include the four-bedroom inclusionary
unit.
Mr. Peters opened the Public Hearing to Public Comments.
Public Comments
Kenneth Virgile, 23 Edgewood Road, opposed the project as he felt that the project would destroy the
character of Meriam Hill.
Kate McCarey, 11 Brigham Road, was concerned about the open space issue and that the proposed plan
would ruin the site.
Margaret Heitz, 335 Marrett Road, felt that the project is a good option for Lexington residents who want
to age in place at a walkable distance to the Center and expressed her support for the project.
Steve Woit, 30 Edgewood Road, expressed concern about tree protection and ledge handling on the
property.
Ann Lee, 26 Oakland Street, expressed her concern about the demolition of the historically valuable
Carriage House and the blasting that would impact the landscape of the Town.
Frank Haydu, 37 Meriam Street, expressed his concern about historic properties being demolished and
the project setting a bad precedent for future developments.
Jennifer Mckinley, 4 Upland Road, expressed her concern about the destruction of the Carriage House and
shared her slide with alternatives that would save the Carriage House.
Lisa Newton, 15 Ledgelawn Avenue, voiced her concerns about demolishing the historically important
Carriage House.
Kelly Littlewood, 6 Chandler Street, expressed her concerns about destroying the historical Carriage House
and the environmental impact on the trees and the neighborhood.
Jeanne Desanto, 1 Upland Road, felt that this development would violate the threshold criteria of the
Zoning Bylaw.
Julia Liu, 27 Edgewood Road, felt that the amount of open space under the current proposal is far less
than the minimum requirement and favored a smaller inclusionary unit.
Bridger McGaw, 89 Meriam Street, thought that the project does not comply with the requirements of
the Zoning Bylaw and also thought that the character of the neighborhood would be lost.
Donnie Garrity from O’Sullivan Architects, Inc., working with a group of abutters, offered alternatives that
could preserve the site’s slope and historic structures.
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May 8, 2024
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Erin Serino, 31 Bertwell Road, felt that there are ways to make a better plan and asked the Planning Board
to have the developer come back with a better plan.
Lauren Brodsky, 31 Meriam Street, asked the developer to come up with better renderings for the
community to have a better idea.
Dawn McKenna, 9 Hancock Street, asked the Planning Board to make reasonable accommodations for a
Site Sensitive Development.
Board Discussion
All the Planning Board members wanted to preserve the Carriage House, but since the structural framing
of the house, central stairs, and the layout limit the developer’s ability to use it as part of the project, they
concluded that it was not viable to preserve the Carriage House.
Ms. Kowalski reminded the Board members that Town Meeting adopted the SRD bylaw with a significant
majority of 82% and they were very aware of what they were adopting. Ms. Kowalski emphasized that the
current proposal met the guidelines and the intent of the bylaw.
Public Comments
Gwen King, attorney for some abutters, stated that the neighbors wanted to preserve the Carriage House
and see a building that is consistent with the Carriage House and size and scale of the neighborhood.
Zachary Speert, 39 Meriam Street, was concerned about the speed with which the application process
was going through.
Mr. Schanbacher moved to close the public hearing for 28 Meriam Street & 32 Edgewood Road. Ms.
Thompson seconded the motion. The Planning Board voted in favor of the motion 4-1-0 (Roll call: Creech
– yes; Peters – yes; Schanbacher – yes; Thompson – No; Hornig – yes). MOTION PASSED
The Board recessed at 8:15 p.m. and reconvened at 8:21 p.m.
Board Deliberation
Mr. Creech said that the intent of the bylaw is to create new housing, but everything cannot be preserved
since the bylaw permits dense housing.
Mr. Hornig said that this project complies with the mandatory provisions of the bylaw and that all the
issues needed to comply with the regulations have been adequately addressed by the conditions in the
draft decision. Mr. Hornig added that he will be comfortable with approving the application with those
conditions.
Mr. Schanbacher stated that the project provides the Town with more housing and meets all the
requirements of the bylaw. Mr. Schanbacher added that in order to create more density, trade-offs like
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May 8, 2024
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not preserving the historic Carriage House have to be made. Mr. Schanbacher also stated that the current
plan will help preserve the historic landscape in the corner.
Mr. Peters said that, though it will be desirable to preserve both the historic structures, he felt that this
proposal was a better option to add more housing instead of three very large homes under a conventional
subdivision and hence extended his support for the proposal.
Mr. Leon agreed with Mr. Schanbacher’s view about preserving the historic landscape. Ms. Thompson
wanted to check if the applicant had thoroughly explored all the options for preserving the Carriage
House. Mr. Finnegan explained that they had explored all options and preserving the Carriage House was
not a viable option.
Ms. McCabe walked through the draft decision prepared by staff. The Board went over the findings
regarding height & GFA, residential diversity, the details of the inclusionary housing, the Comprehensive
Plan’s Housing goals, and Site Sensitive Development. Ms. McCabe then went over the partial waivers
pertaining to tree plantings along Meriam Street, bike racks, and to waive application of the Tree Bylaw.
Ms. McCabe also added that there were 66 conditions of approval and explained them briefly. The Board
discussed the specifics of the findings and made some minor edits to include noise screening, tree
protection on abutting properties if recommended by the arborist, referencing the most up to date noise
bylaw, and removing the word “greater” from one of the findings. The Board did not recommend the
alternative roof design for building C.
Mr. Peters asked the applicant if they agreed to all the conditions and if they will be able to meet the
conditions. Mr. Finnegan stated that they had read all the conditions and that they agreed to them.
Mr. Schanbacher moved to approve the site plan review application for 28 Meriam Street & 32
Edgewood Road for a site sensitive residential development with the findings and conditions as drafted
by the staff and further revised by the Board this evening and permitting the staff to make non-
substantive changes with the approval of the chair. 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 authorize the chair to sign the decision on behalf of the Board. 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 Avenue - Public hearing on a Definitive Subdivision application to subdivide the lot
into three lots on a small cul-de-sac
The Planning Board considered the application of 25 Hartwell Owner, LLC C/O Greatland Realty Partners
LLC for approval of a definitive non-residential subdivision plan under §175-6.0 of the Planning Board’s
Subdivision Regulations. The property is located at 25 Hartwell Avenue, Lexington, MA - Map 84, Lot 80B
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May 8, 2024
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in the CM Zoning District. The property consists of an office building with an associated parking lot. The
applicant is proposing to construct a small cul-de-sac off Hartwell Avenue to subdivide the lot into 3 lots.
David Robinson, the Project manager for the project, represented the applicant. Mr. Robinson shared the
definitive non-residential subdivision plans and shared the details of the proposal. He explained he
received staff comments and will work on plan revisions.
Mr. Schanbacher moved to continue the public hearing for the Definitive Subdivision for 25 Hartwell
Avenue to Wednesday, May 22 at 6:00 pm. 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
40 Hartwell Avenue – Public hearing on a Definitive Subdivision application to subdivide the
lot into three lots on a small cul-de-sac
The Planning Board considered the application of 40 Hartwell Owner, LLC. for approval of a definitive non-
residential subdivision plan under §175-6.0 of the Planning Board’s Subdivision Regulations. The property
is located at 40 Hartwell Avenue, Lexington, MA - Map 84, Lot 84A in the CM Zoning District. The property
consists of an office building with an associated parking lot. The Applicant is proposing to construct a small
cul-de-sac off Hartwell Avenue to subdivide the lot into 3 lots.
David Robinson, the Project manager for the project represented the applicant. Ms. McCabe shared the
definitive non-residential subdivision plans and Mr. Robinson shared the details of the proposal. He
explained he received staff comments and will work on plan revisions.
Mr. Schanbacher moved to continue the public hearing for the Definitive Subdivision for 40 Hartwell
Avenue to Wednesday, May 22 at 6:00 pm. 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
75 Outlook Drive (Effie Place) – Lot release request and change in performance guarantee
Ms. McCabe reminded the Board about their approval of a Special Permit Residential Development in
April 2022, of four house lots at 75 Outlook Drive, now known as Effie Place. Ms. McCabe informed the
Board that the applicant now requests the Board to release the lots from the covenant and accept a new
performance guarantee in the form of a tri-party agreement.
Mr. Hornig said he had concerns regarding the drainage and sewer and wanted reassurance that the
drainage work will happen before there is any construction, that the water, sewer and rough grading will
happen before there is any certificate of occupancy, and that it will be legally binding.
The Board members discussed and decided to consider this request at a later date and would like to see
the utilities installed prior to any lot release and prior to building permits.
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May 8, 2024
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Board Administration
Reorganize: Chair, Vice Chair, Clerk, and other committees
Mr. Peters appreciated all the support he had received as chair for the past two years and said that he
was happy to pass on the responsibility to another member of the Board.
Mr. Hornig nominated Mr. Schanbacher for the position of Chair of the Planning Board. Mr. Creech
seconded. 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. Peters nominated Mr. Creech for the position of Vice Chair and Ms. Thompson for the position of
Clerk of the Planning Board. Mr. Schanbacher seconded. 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
The Board members discussed representing and serving as liaisons of the Planning Board in other
Committees and decided to hold their respective positions.
Goals for next year
Ms. McCabe recommended the Board members to review the regulations to accommodate any changes
due to the recent Town Meeting and asked the members to focus on the site plan review of the new
applications that are about to come in. Mr. Hornig recommended later in the summer discussing if there
are any zoning amendments that should be brought forward in the fall based on experience with the 2023
housing changes.
Signatures for Land Court & Registry
Ms. McCabe asked the Board members to stop by at the Planning Office to sign the forms to be sent to
the Land Court and Registry of Deeds.
Board Member Updates
Mr. Creech informed the members about the Legislative Breakfast for members of the Metropolitan Area
Group on Interlocal Communication (MAGIC) on May 10th in Bedford Center.
Review of Meeting Minutes: Draft 4/11/24,4/24/24
Mr. Creech moved that the Planning Board approve the draft Minutes of the meetings held on 04.11.24
and 04.24.24 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
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May 8, 2024
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Upcoming Meetings: May 22, June 5, June 26
Mr. Schanbacher reminded the Board about the meetings scheduled for May 22nd, June 5th and June 26th
and Ms. McCabe went over the proposed agenda items.
Adjournment
Mr. Creech moved that the Planning Board adjourn the meeting of May 8, 2024. 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 9:38 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. 24 Wachusett Dr. – Minor modification to approved street adequacy determination requiring
road improvements: Modification request from applicant dated April 18, 2024, 2023 SAD
approval
2. 28 Meriam St. & 32 Edgewood Rd., 28 Meriam Street Lexington, LLC – Site Plan Review Public
Hearing for special residential development:
a. Staff memo dated 05.02.24
b. Peer review memo dated 05.02.24
c. Building Commissioner’s memo dated 04.23.24
d. Draft Planning Board Site Plan Review decision with findings and conditions sent May 2,
2024, revisions sent May 7 and May 2024
Public Comments:
a. Electronic Mail from George Smith to Planning Board members, Subject: 28 Meriam St &
32 Edgewood Rd, dated April 12, 2024.
b. Electronic Mail from Jay Luker to Planning Board & Staff, Subject: Meriam/ Edgewood Site
Plan Review hearing, dated April 12, 2024
c. Electronic Mail from Kenneth Virgile to Planning Board and Developer, Subject: Meriam
Edgewood Project dated April 13, 2024
d. Electronic Mail from Julia Liu to Planning Board, Subject Suggestions- 28 Meriam St & 32
Edgewood Rd project (Meeting on 5/8), along with a spreadsheet of suggested options
dated May 2, 2024
e. Electronic Mail from Gwen Nolan King to Planning Board Members, Subject: Continued
Opposition to Site Sensitive Development at 28 Meriam Street and 32 Edgewood Road (8
pages) dated May 3, 2024
f. Electronic mail from Bridger McGaw to Planning Board, Subject: Please improve 28
Meriam Street Project (2pages) dated May 5,2024.
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May 8, 2024
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g. Electronic Mail from Steve Woit to the Members of the Planning Board, Subject:
Development of the Edgewood/ Meriam Street Properties along with three pictures dated
05.08.24
h. Electronic Mail from Jennifer McKinley to the Planning Director Abby McCabe, Subject:
Document to share for tonight’s hearing with an attachment titled: 2024-04 April-
23_Feasibility- Option B dated 05.08.24
i. Electronic Mail from Mark Swartz to the Planning Team and Developers, Subject: 28
Meriam St. Development Proposal Feedback and Questions dated 05.08.24
j. Electronic Mail from Jennifer McKinley to the Planning Team, Subject: 28 Meriam St.
Development Proposal Feedback and Questions, with an attachment titled 2028-05-May-
08_ Meriam St OSA Building Egress Opinion Letter (2 pages) dated 05.08.24
3. 25 Hartwell Ave: Staff memo dated April 18,2024
4. 40 Hartwell Avenue: Staff memo dated April 18,2024
5. 75 Outlook Drive: Request for lot release dated 05.06.24, Estimate of remaining work dated
05.04.24, Proposed performance agreement, draft lot release document
6. Draft meeting minutes from April 11 & 24, 2024