HomeMy WebLinkAbout2024-05-22-PB-minLexington Planning Board Meeting Minutes
May 22, 2024
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Minutes of the Lexington Planning Board
Held on Wednesday May 22, 2024, Virtual Meeting at 6:00 pm
Planning Board members present: Michael Schanbacher, Chair; Robert Creech, Vice-Chair; Melanie
Thompson, Clerk; Robert Peters, Charles Hornig, and Michael Leon, associate member.
Also present were: Abby McCabe, Planning Director; Meghan McNamara, Planner; Carol Kowalski,
Assistant Town Manager for Development; and Kiruthika Ramakrishnan, Planning Coordinator.
Michael Schanbacher, Chair of the Planning Board, called to order the meeting of the Lexington Planning
Board on Wednesday, May22, 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. Schanbacher conducted a roll call to ensure all members of the Planning Board and members of staff
present could hear and be heard.
Mr. Schanbacher 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
17 Hartwell Ave. Definitive Subdivision – Boston Properties Request to extend 2022 approval
Rick DeAngelis, counsel to Boston Properties, reminded the Board members of the Planning Board’s June
2022 approval of a Definitive Subdivision for the creation of a 3-lot subdivision at 17 Hartwell Ave, and
added that the intent of the subdivision was for a zoning freeze, which applies to the land for a period of
8 years. Currently, the Applicant does not plan to build the subdivision and seeks a modification to the
Planning Board's 2022 condition #20 requiring the road be constructed within 2 years (by 2024) for
another 2 years (until 2026).
Ms. McCabe said that staff do not have any concerns.
Mr. Creech moved to approve the request to modify condition #20 of the Planning Board's 2022
Definitive Subdivision approval for 17 Hartwell Ave. to extend the completion date for two more years
from the date of endorsement to August 26, 2026. 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
420-430 Bedford St. Definitive Subdivision – Boston Properties Request to extend 2022
approval
Rick DeAngelis, counsel to Boston Properties, reminded the Board members of the Planning Board’s
approval of a Definitive Subdivision for the creation of a 3-lot subdivision at 420-430 Bedford St. Ms.
McCabe added that the purpose of the subdivision plan is to freeze the zoning on the land for a period of
eight years. Condition #22 of the Planning Board 2022 approval requires the road to be constructed within
2 years. The Applicant does not intend to build the road but requests an extension for another 2 years
(from 2024 until August 3, 2026).
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May 22, 2024
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Mr. Creech moved to approve the request to modify condition #22 of the Planning Board's 2022
Definitive Subdivision approval for 420-430 Bedford St. to extend the completion date for two more
years from the date of endorsement from August 3, 2024 to August 3, 2026. 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
5 & 7 Piper Road – Public hearing for a major site plan review proposal for a multi-family
development in the Village Overlay district
Mr. Schanbacher opened the Public Hearing on the application of Morgan Point LLC for approval of a
major site plan review under §135-7.5 [Village & Multi-Family Overlay Districts] and §135-9.5 [Site Plan
Review] of the Zoning Bylaw and Article VI of §181-71 [Stormwater Management Regulations]. The
proposal is for 59 dwelling units in two buildings with underground parking, landscaping, and stormwater
improvements. The property is located at 5-7 Piper Road, Lexington, MA also known as Map 10, Lots 58A
and 59A in the RO (One Family) and VO (Village Overlay) zoning districts.
The applicant team included: Phil Porter (Morgan Point LLC), Dan Riggs (Embarc), Dartagnan Brown
(Embarc), Nick Campinelli (MDLA), Michael Novak (Patriot Engineering).
The peer reviewer, Mark Bartlett, from Professional Services Corporation was also present.
Mr. Riggs, the project architect, shared his presentation and gave a detailed overview of the project, which
includes: 59 dwelling units (including 8 inclusionary units) consisting of 26 1-bedroom, 26 2-bedroom, and
7 3-bedroom units; below grade podium style parking connected underground for 89 parking spaces with
a car shuffle system; two buildings above ground that are three stories; 89 long-term resident bicycle
parking spaces and 6 short-term visitor bike parking spaces; 3 surface vehicle spaces; plantings throughout
the property including evergreen plantings along the property line; some small roof decks and balconies,
a play area for children and an interior courtyard area with patio and seating. Project engineer Mr. Novak
went over the site analysis plan and provided details about the test pits. Mr. Riggs shared the architectural
site plan and went over the details. Mr. Novak shared the Civil Engineering Plan and explained in detail.
Mr. Campinelli shared the Landscape Design and gave details of the landscape plans. Mr. Riggs shared the
Basement Plan and gave details of the shuffle parking system. Mr. Riggs also shared the proposed Floor
Plans, the Massing and Design Strategy and the Elevations and different views.
Peer Reviewer Comments
Mr. Bartlett informed the Board that he had 91 comments and summarized them for the benefit of the
Board, the applicant, and his team. Mr. Bartlett said he needs to know the existing and the post-
development drainage patterns. Mr. Bartlett also wanted to see the drainage facilities for the courtyard.
Mr. Bartlett said he has concerns about the presence of rocks in the vicinity of infiltration systems and
wanted the applicant to address the feasibility issues for stormwater management through additional
testing. Mr. Bartlett also expressed his concern regarding the presence of rock near the foundation of
underground parking and the proposed planting above the infiltration system, which might cause root
intrusion. Mr. Bartlett recommended that a Geotech engineer be hired to determine the extent of blasting
that would be required. Mr. Bartlett also pointed out the lack of provisions for overflow and strongly
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May 22, 2024
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recommended that the infiltration systems are provided with overflow to carry the excess stormwater to
a drainage system. Mr. Bartlett also asked for detailed plans and profile drawings of the proposed sewer
system. For the water supply, Mr. Bartlett wanted the applicant to get a pressure test done on a hydrant
in Piper Road to show there was adequate water supply and pressure to supply this project.
Ms. McCabe said that the project complied with the zoning and setbacks, but requested revised plans that
showed the minimum yard setbacks. Ms. McCabe added that the Fire Department also had concerns
about the truck turnaround radius and asked the applicant to connect with the Fire Department and
comply with their requirements. Ms. McCabe also asked for more information from the applicant
regarding the proposed car stacking and shuffling system in the parking garage. Ms. McCabe asked the
applicant to plant trees that are present in the approved planting list and to ensure the lighting is dark sky
compliant. Ms. McCabe asked the applicant to make sure the sewer system complies with the Town’s
standards. Ms. McCabe said that the Commission on Disabilities asked for a van accessible parking space
in one of the surface parking spaces near an entrance.
Mr. Bartlett stated that the applicant has to provide a design for the management of drag-in water that
collects in the underground parking areas and that any drainage in the underground parking needs to go
to an oil and gas separator and then be connected to the sewer and not to the storm drains.
Board Member Questions
Mr. Schanbacher disclosed that he was formerly employed by Embarc, the proposed architect of the
project, and added that he had submitted to the Town Clerk a disclosure form to confirm that he does not
have a conflict of interest, that his former employment will not have any impact on his duties as a Planning
Board Chair, and that he would remain fair in considering the compliance of the project for the Village
Overlay Site Plan Review.
Mr. Creech conveyed to Mr. Bartlett the concern of one of the neighbors regarding damage to their
foundation and septic system due to blasting. Mr. Bartlett said that the applicant needs to have a Geotech
engineer develop a plan for rock removal.
Mr. Peters told the applicant that the aim of the Board is to minimize parking, wanted to know the
rationale behind the 1.7 parking spaces per unit, and wanted to know the applicant’s plan regarding
marketing the units and parking spaces. Mr. Porter responded that he does not have a marketing plan at
the moment. Mr. Riggs added that the parking also includes visitor parking and staff parking. Mr. Peters
reminded the applicant about the revised Noise Bylaw. Mr. Porter said that they have drafted a
construction mitigation plan which will address the regulations of the Noise Bylaw and that they have
engaged a Geotech engineer, who will determine the extent of blasting required.
Ms. Thompson wanted to know if 3 EV spots would be sufficient for this project. Mr. Brown responded
that there was a lot of flexibility with the EV charging stations and added that he would provide additional
details regarding automated parking. Ms. Thompson also hoped that the inclusionary units would be
blended with the other units. Mr. Brown said that the inclusionary units will be evenly distributed
throughout the building.
On the Site Construction Plan, Mr. Hornig asked for a detailed calculation of the amount of earth to be
removed, brought in, and remain on the site. Mr. Novak said that he will provide those details on the next
set of revised plans. Mr. Hornig asked the applicant if he would be able to comply with section 4.5 of the
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May 22, 2024
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Zoning Bylaw pertaining to basement, slab or crawl space, and groundwater. Mr. Novak responded that
they will be able to comply and that he will provide the details in the next set of revised plans. Mr. Hornig
also wanted to know if the applicant had an agreement with the Temple Emunah for construction access
across their property and landscaping in the future. Mr. Novak responded that the applicant will share the
agreement in the next set of revised plans. Mr. Hornig asked the applicant if he envisions any difficulty in
getting a grant of location for the sewer line from either the Town or from MassDOT. Mr. Novak said he
does not see any major hurdles from either the Town or MassDOT and that he will update the Existing
Conditions Plan. Mr. Hornig also asked the applicant if they had communicated with the Affordable
Housing Trust (AHT) to check their interest in buying down affordability on units and Mr. Porter said they
were working with the AHT in this regard.
Mr. Leon asked the peer reviewer, applicant, and staff whether it was feasible to put the two buildings
and the underground parking exactly where they are shown on the Landscape Design plan. Mr. Bartlett
felt that the feasibility questions should be answered first as it forms the basis for all aspects of the project.
Mr. Schanbacher wanted clarification on the proposed process for removal of trash. Mr. Brown shared
the Basement Plan and went over the trash removal process.
Mr. Schanbacher opened the Public Hearing to public comments.
Public Comments
Linna Ettinger, from Temple Emunah, voiced her concerns about the proposed density of the project.
Alan Sherman, from Temple Emunah, raised concerns about the traffic, pedestrian safety, congregational
security, interruption of religious activities due to construction, and the possibility of the temple’s solar
project being shadowed due to the project.
Margaret Heitz, 335 Marrett Road, asked the applicant to decouple the parking spaces from the cost of
the condos and asked the applicant to explore alternate transit options.
Pamela Lyons, 51 Grant Street, urged the applicant to provide a bus shelter to be consistent with the
intent and spirit of the MBTA Community Act.
Tamar Finan and Chandi El, 8 Piper Road, expressed her concerns about the density of the project, the
effects of blasting on their foundation, and the impact of the project on the lives of their neighborhood.
Tom Shiple, 18 Phinney Road, wanted details on accessing the playground and pedestrian access behind
the buildings.
Rena Maliszewski, 310 Concord Avenue, expressed her concern about the physical impact of blasting on
foundations and asked the Board to require the developer post a sizable bond to rectify damages to any
abutting properties.
David Lerner, 5 Lawson Street, felt that the proposal does not fit in the location and expressed his concern
about the density of the project.
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May 22, 2024
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Jay Luker, 26 Rindge Avenue, stated that single family homes are not subject to public hearings and this
project could easily have been a few large McMansions.
Nihad Makary, 10 Piper Road, expressed his concern about the density of the project and traffic safety.
The Board recessed at 7:56 p.m. and reconvened at 8:01 p.m.
Mr. Brown addressed some of the comments of the neighbors and mentioned that they were proposing
a full new sidewalk along the edge of the site on Piper Road and taking all measures to create a safe and
secure neighborhood.
Ms. McCabe explained that if the project involved blasting, the blasting company was required to offer
property owners a free pre-blasting survey inspection of all properties within 250 feet which is regulated
and required by state law.
Board Deliberation
Mr. Hornig said that he liked the look of the project, especially the mix of unit sizes and bedroom mix.
Mr. Creech liked the overall design, mix of unit sizes, and the inner courtyard space. Mr. Creech had some
concerns about the rock and ledge removal, and potential disruption to the neighborhood. Mr. Creech
shared his slides to share ways to reduce the size of the project and add some outdoor space for kids to
play.
Mr. Peters wanted the applicant to address the traffic safety concerns and pedestrian safety problems for
the residents.
Mr. Leon felt that creating more open space would also help with stormwater flows. Mr. Leon felt that
this is one location where ample visitor parking is required to avoid overflow parking on Piper Lane. Mr.
Leon also felt that the Temple’s security concerns will need to be addressed by the applicant.
Ms. Thompson added that creating more open space, addressing concerns regarding parking and creation
of moderate housing were the key things she was looking for.
Mr. Schanbacher felt that the building can be aligned in a better way to suit the adjacent buildings and
encouraged the applicant to follow the mid- century modern architecture. Mr. Schanbacher also wanted
the applicant to make the entry to the parking more prominent. Mr. Schanbacher said he liked the mix of
unit sizes.
Mr. Creech moved to continue the public hearing for 5-7 Piper Road's site plan review to Wednesday,
June 26 at 6:00 pm on Zoom to allow time for the Applicant to submit revised materials. 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 hearing on a Definitive Subdivision application to subdivide the lot
into three lots on a small cul-de-sac
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May 22, 2024
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Ms. McCabe reminded the Board that on May 8 the Planning Board had opened the public hearing on the
application of 25 Hartwell Owner, LLC C/O Greatland Realty Partners LLC for approval of a definitive non-
residential subdivision plan. Ms. McCabe informed the Board that the applicant has requested that the
public hearing be further continued to the Planning Board meeting on June 5, 2024 because they are still
working on revised plans in response to staff comments for the May 8 meeting.
Mr. Creech moved to continue the public hearing for the Definitive Subdivision for 25 Hartwell to
Wednesday, June 5, 2024 at or after 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; Thompson – yes; Hornig – yes). MOTION PASSED
40 Hartwell Ave. – Public hearing on a Definitive Subdivision application to subdivide the lot
into three lots on a small cul-de-sac
Ms. McCabe reminded the Board that on May 8 the Planning Board had opened the public hearing on the
application of 40 Hartwell Owner, LLC C/O Greatland Realty Partners LLC for approval of a definitive non-
residential subdivision plan. Ms. McCabe informed the Board that the applicant has requested that the
public hearing be further continued to the Planning Board meeting on June 5, 2024 because they are still
working on the revised plans requested at the May 8 meeting.
Mr. Creech moved to continue the public hearing for the Definitive Subdivision for 25 Hartwell to
Wednesday, June 5, 2024 at or after 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; Thompson – yes; Hornig – yes). MOTION PASSED
440 Bedford St. – Review of proposed sign package
Ms. McCabe reminded the Board that the new lab building was approved by the Planning Board in 2021.
Condition #57 of the site plan review approval required the applicant to return to the Planning Board for
a sign package review prior to the building occupancy permit.
The proposed sign package in the Board’s packet. The proposal is for a 94 SF, 6-ft. high, externally
illuminated down-lit standing sign facing Bedford Street. The proposal complies with the signage section
of the zoning bylaw as amended at 2024 Annual Town Meeting. The applicant Evan Battaglia was present.
Mr. Creech moved to Approve the Sign Package submitted by Trammel Crow for 440 Bedford St. 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
Board Administration
Board Member Updates
Mr. Hornig mentioned to the Board that he will be presenting to the Hanscom Area Towns Committee
about the whole Lexington MBTA Zoning process.
Mr. Creech updated the Board that the Town Manager Search Screening Committee will be working with
Municipal Resources, Inc. (MRI), a professional, executive search firm, specializing in this area. The first meeting
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May 22, 2024
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of the Committee will be within the next 2 weeks. As of now, the meeting has been scheduled for May 29 at
7:00 PM and will be in person. Mr. Creech added that The MAPC Legislative Breakfast, which he was unable
to attend, was held in Bedford on Friday, May 10. A presentation was made regarding demographics in
the MAPC region.
Staff Updates
Ms. McCabe informed the Board that she heard from the Attorney General that the change allowing the
associate member to act on a Site Plan Review application, which was passed at the 2023 Special Town
Meeting, was approved. Ms. McCabe reminded the Board that this would only be if one of the Planning
Board members was unable to act due to a conflict or in the event of a vacancy or absence of a Board
member.
Review of Meeting Minutes: Draft 05/08/24
Mr. Creech moved that the Planning Board approve the draft Minutes of the meeting held on 05.08.24
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
Upcoming Meetings: June 5, June 26, July 17, July 31
Mr. Schanbacher reminded the Board about the possible pre-Town Meetings scheduled for June 5th, June
26th, July 17th and July 31st. Ms. McCabe went over the proposed agenda items.
Adjournment
Mr. Creech moved that the Planning Board adjourn the meeting of May 22, 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 8:43 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. 17 Hartwell Ave: Extension request dated April 4, 2024, Town Clerk stamped Decision of Planning
Board dated July 11,2022
2. 420-430-Bedford St: Extension request dated April 4, 2024, Town Clerk stamped Decision of
Planning Board dated May 24,2022
3. 5 & 7 Piper Road:
a. Staff memo dated 05.15.24
b. Peer review memo dated 05.10.24
Public Comments:
a. Electronic Mail from Nihad Mamdouh to Planning Board, Subject: 5-7 Piper Rd, dated May
12, 2024.
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May 22, 2024
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b. Electronic Mail from Linna Ettinger to the Lexington Planning Board, Subject: 5-7 Piper
Road Site Plan Review Written Comments from Temple Emunah, with an attached letter
(2 pages) dated May 13,2024
c. Electronic Mail from Ed and Ann Danielson, Subject: 5-7 Piper Road dated May 15, 2024
d. Electronic Mail from Gabor Papp to Planning Board, Subject: 5-7 Piper Rd application-
Concerns/ objections (inline) dated May 15, 2024 (2 pages)
e. Electronic Mail from Gabor Papp to Planning Board, Subject: 5-7 Piper Rd application—
concerns/objections (PDF attachment) (3 pages)
f. Electronic mail from Joe Lei to Planning Board, Subject: Proposed Revision to 5-7 Piper
Road construction plan dated May 16,2024.
g. Hand delivered mail from John K. Weiser to the Lexington Planning Board, Subject: 5-7
Piper Rd major Site Plan Review dated 05.16.24 with 9 attachments of 8X10 inch
Photographs (13 pages)
h. Electronic Mail from Tamar Finan to the Lexington Planning Board, Subject: 5-7 Piper Rd
dated 05.16.24
i. Electronic Mail from Tom Shiple to Ms. McCabe, Subject: comments from LBAC on 5 Piper
and 89 Bedford applications dated 05.16.24 (2 pages)
j. Electronic Mail from John Weiser to Abby, Subject: 3 Piper Rd Parking Issue 5-7 Piper
Letter to PB dated 05.20.24
k. Letter from John Weiser dated May 16, 2024 with photo attachments (13 pages)
4. 25 Hartwell Ave: Staff memo dated April 18,2024
5. 40 Hartwell Avenue: Staff memo dated April 18,2024
6. 440 Bedford St: Externally illuminated monument, light fixture specification sheet revised March
22,2024, Town Clerk Stamped Decision dated October 28,2021, Exterior Signage Production
Drawings
7. Draft meeting minutes from May 8, 2024