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HomeMy WebLinkAbout2024-05-08-PB-min Lexington Planning Board Meeting Minutes May 8, 2024 Page 1 of 10 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 Lexington Planning Board Meeting Minutes May 8, 2024 Page 2 of 10 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. Lexington Planning Board Meeting Minutes May 8, 2024 Page 3 of 10 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 Lexington Planning Board Meeting Minutes May 8, 2024 Page 4 of 10 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. Lexington Planning Board Meeting Minutes May 8, 2024 Page 5 of 10 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 Lexington Planning Board Meeting Minutes May 8, 2024 Page 6 of 10 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 Lexington Planning Board Meeting Minutes May 8, 2024 Page 7 of 10 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. Lexington Planning Board Meeting Minutes May 8, 2024 Page 8 of 10 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 Lexington Planning Board Meeting Minutes May 8, 2024 Page 9 of 10 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. Lexington Planning Board Meeting Minutes May 8, 2024 Page 10 of 10 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