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Lexington Planning Board Meeting Minutes
June 26, 2024
Page 1 of 7
Minutes of the Lexington Planning Board
Held on Wednesday June 26, 2024, Virtual Meeting at 6:00 pm
Planning Board members present: Michael Schanbacher, Chair; Robert Creech, Vice-Chair; Melanie
Thompson, Clerk; Charles Hornig, and Michael Leon, associate member.
Also present were: Abby McCabe, Planning Director; Meghan McNamara, Planner; Carol Kowalski,
Assistant Town Manager for Development; Sheila Page, Assistant Planning Director and Kiruthika
Ramakrishnan, Planning Coordinator.
Michael Schanbacher, Chair of the Planning Board, called to order the meeting of the Lexington Planning
Board on Wednesday, June 26, 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
5 & 7 Piper Rd. – Continued public hearing for a major site plan review proposal for a multi-
family development in the village overlay district (Continued from 5/22)
Mr. Schanbacher said that the Board has previously continued 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]. Ms. McCabe informed the Board that this was a continued hearing from May
22nd. She reported that the applicant was not ready with the revised plans yet, they have submitted a
written request to continue the public hearing to the Planning Board Meeting to be held on August 14th
at 6 p.m. on zoom and had also requested to extend the final action deadline.
Mr. Creech moved to accept the Applicant's request to further continue the public hearing for 5-7 Piper
Road to the Planning Board's Wednesday, August 14 meeting at or after 6:00 pm on Zoom and extend
the final action deadline to October 30, 2024. Ms. Thompson seconded the motion. The Planning Board
voted in favor of the motion 4-0-0 (Roll call: Creech – yes; Schanbacher – yes; Thompson – yes; Hornig
– yes). MOTION PASSED
25 Hartwell Ave. – Continued public hearing on a Definitive Subdivision application to
subdivide the lot into three lots on a small cul-de-sac (Continued from 5/8, 5/22, 6/5)
David Robinson, the Project manager for Allen and Major Associates represented the applicant. Mr.
Robinson stated that the application was for 25 Hartwell Avenue, for a zoning freeze for a definitive
subdivision and explained that they had revised the earlier plans based on staff comments and agreed
with all the conditions mentioned in the draft decision.
Lexington Planning Board Meeting Minutes
June 26, 2024
Page 2 of 7
Ms. McCabe informed the Board that staff had reviewed the revised plans and feel that it is ready for
approval with conditions. Ms. McCabe also informed the Board that the applicant wanted waivers for
postponing submission of the test pit data and construction phasing plan, asking to submit them at the
time of construction.
Mr. Creech moved to approve the request for two waivers to postpone the submission of the test pit
information and the construction phasing plan to be submitted prior to construction. Ms. Thompson
seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes;
Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED
Mr. Creech moved to approve the Definitive Subdivision application from Greatland Realty Partners for
25 Hartwell Ave. with the conditions outlined in the draft decision reviewed this evening. Ms.
Thompson seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech
– yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED
Mr. Creech moved to close the public hearing for 25 Hartwell Ave. Ms. Thompson seconded the motion.
The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes; Schanbacher – yes;
Thompson – yes; Hornig – yes). MOTION PASSED
Mr. Creech moved to have the Chair sign the decision and correct any typos. Ms. Thompson seconded
the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes; Schanbacher
– yes; Thompson – yes; Hornig – yes). MOTION PASSED
40 Hartwell Ave. – Continued public hearing on a Definitive Subdivision application to
subdivide the lot into three lots on a small cul-de-sac (Continued from 5/8, 5/22, 6/5)
David Robinson, the Project manager for Allen and Major Associates represented the applicant. Mr.
Robinson stated that the application was for 40 Hartwell Avenue, for a zoning freeze for a definitive
subdivision and explained that they had revised the earlier plans based on staff comments and agreed
with all the conditions mentioned in the draft decision.
Ms. McCabe informed the Board that staff had reviewed the revised plans and support the waiver
requests and feel that it is ready for approval with conditions
Mr. Creech moved to approve the request for two waivers to allow the submission of the soil test pits
and construction phasing plan to be submitted prior to construction, instead of right now. Ms.
Thompson seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech
– yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED.
Mr. Creech moved to approve the Definitive Subdivision application from Greatland Realty Partners for
40 Hartwell Ave. with two waivers and the conditions of approval outlined in the draft decision
reviewed this evening. Ms. Thompson seconded the motion. The Planning Board voted in favor of the
motion 4-0-0 (Roll call: Creech – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION
PASSED.
Lexington Planning Board Meeting Minutes
June 26, 2024
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Mr. Creech moved to close the public hearing for 40 Hartwell Ave. Ms. Thompson seconded the motion.
The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes; Schanbacher – yes;
Thompson – yes; Hornig – yes). MOTION PASSED
Mr. Creech moved to have the Chair sign the decision and correct any typos. Ms. Thompson seconded
the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes; Schanbacher
– yes; Thompson – yes; Hornig – yes). MOTION PASSED
28 Meriam St. & 32 Edgewood Rd. – Public hearing to amend the May 8, 2024 site plan review
approval for the special residential development
Mr. Schanbacher opened the public hearing on the amendment application from 28 Meriam Street
Lexington LLC. The application is to amend the site sensitive special residential development approved on
May 8, 2024 for 8 dwelling units in three new buildings and to renovate the historic house for 2 dwelling
units (10 total dwelling units). This amendment proposes to change the configuration of Building A from
garden style to townhouse style dwelling units, the roof line for Building C, and associated parking,
drainage and landscaping.
Mr. Schanbacher informed the Board that Mr. Peters was not present for the meeting and hence Mr.
Leon, the associate member, is being called in to serve as the 5th voting member for the site plan review
application.
The applicant team included: Jason Brickman, Ben Finnegan, attorney Fred Gilgun, Project Engineer
Michael Novak, and Jamie Osborn.
Mr. Finnegan gave a brief background for the reason for the amendment and explained that following the
approval of the Site Plan Review application, a neighborhood group reached out with their concerns and
to accommodate their concerns, the applicant team came up with amendments to the project. Mr.
Finnegan shared the revised architectural plans, revised site plan and the revised landscaping plan and
went over the proposed amendments in detail. The changes revised building A to be two stories above
the garage rather than three and changed building A from garden style to be townhouse style; there is no
long an elevator in building A but there are options for one in each dwelling unit. One of the garages in
building A will be for one car instead of two. Building C has been revised to have the craftsman style roof.
Summary of Peer Reviewer and Staff Comments
Ms. McCabe summarized the Peer Reviewer’s comments on the revised plans and added that the peer
reviewer found that the proposed design complies with the stormwater regulations. Ms. McCabe added
that the peer reviewer asked for minor revisions and the updated stormwater report would be reviewed
by the peer reviewer and staff and can be a condition of approval. Ms. McCabe also stated that Planning
Staff had determined that the amended plans complied with the GFA regulations and current parking
requirements and added that the Planning staff recommended approval of this amendment with the
conditions mentioned in the decision.
Lexington Planning Board Meeting Minutes
June 26, 2024
Page 4 of 7
Board Member Questions
Mr. Creech asked the applicant if the stairway configuration would change due to the changes in the
revised version. Mr. Finnegan explained that the stairway configuration would not change and the buyers
would have the option to go for either elevator or storage closets.
Mr. Leon asked about the distance between the existing historic house and the proposed building B. Mr.
Finnegan explained that Building B shifted 2 feet closer towards Meriam Street and it did not get any
closer to the historic house.
Mr. Schanbacher opened the hearing up to public comments.
Public Comments
Steven Woit, 30 Edgewood Road, appreciated the applicant’s efforts to revise the plans to address the
neighbors’ concerns and asked the Planning Board to approve this amendment.
Christina Kinard, 24 Meriam Street, supported the amendment and asked the Planning Board to approve
the amendment.
Mr. Creech moved to approve the amendment to the site plan review approval granted on May 8, 2024
for 28 Meriam St. & 32 Edgewood Rd. with the following conditions:
1. The trees planted on the neighboring properties at 24, 31 & 35 Meriam Street shall meet or
exceed the caliper inch requirement of 42 replacement inches and the species must be from the
Planning Board’s Preferred Planting List or the Tree Committee’s recommended list and shall be
native. The trees shall be planted in the next available growing season (fall 2024).
2. The applicant shall update the stormwater report revised through June 12, 2024 to address
and incorporate the comments (1-10) in the memorandum from Thomas C. Houston of PSC dated
June 21, 2024. The revised stormwater report shall be submitted to the Planning Office and PSC,
PC for review and approval.
3. The applicant shall submit building height and average natural grade forms to the building
department and zoning administrator to confirm height compliance prior to issuance of any
building permits for any of the new buildings.
4. All other conditions in the May 8, 2024 Planning Board’s approval shall remain in full force and
effect.
Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call:
Creech – yes; Schanbacher – yes; Leon- yes; Thompson – yes; Hornig – yes). MOTION PASSED
Mr. Creech moved to close the public hearing on the amendment to the site plan review approval
granted on May 8, 2024 for 28 Meriam St. & 32 Edgewood Rd. Ms. Thompson seconded the motion.
The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Leon- yes; Schanbacher –
yes; Thompson – yes; Hornig – yes). MOTION PASSED
Mr. Creech moved to allow the Chair to sign the decision and correct any typographical errors. Ms.
Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech
– yes; Schanbacher – yes; Leon- yes; Thompson – yes; Hornig – yes). MOTION PASSED
Lexington Planning Board Meeting Minutes
June 26, 2024
Page 5 of 7
32 Brookside Ave. (formerly 10 Stedman Rd.) - Public hearing to amend the approved Definitive
Subdivision approval to modify the driveway and drainage structure locations and turnaround
easement
The Planning Board next discussed the application of Homes Dev. Corp. to amend a definitive subdivision
plan under §175-6.0 of the Planning Board’s Subdivision Regulations for the lot at at 32 Brookside Avenue
(formerly 10 Stedman Road) - Map 24, Lot 87 in the RS Zoning District. The proposal is to amend the 2010
Definitive Subdivision approval regarding the installed subsurface drainage structure location and to not
require the hammerhead turnaround area.
Ms. McCabe gave a brief background of the application under consideration.
The applicant, John Esserian of Homes Development Corporation, was represented by his attorney
Frederick Gilgun. Mr. Gilgun explained that the slope of the house led the applicant to design the house
closer to Stedman Road to avoid ledge removal and blasting. Mr. Gilgun also told the Board that the
applicant will work with the Fire Department to provide for some sort of turnaround easement to be used
by emergency vehicles.
Mr. Hornig, who had participated and approved the 2010 plans for the same address, informed the Board
about the two options that were discussed in 2010, one being the turnaround hammerhead and easement
and the other being to construct Stedman Road through to Farmcrest Avenue. Mr. Hornig said that his
position is still the same and that he wanted a solution that meets the needs of emergency services and
the public and was as good as the existing easement before releasing it.
Michael Novak, the applicant’s Civil Engineer, shared a set of plans showing a proposed solution for the
applicant. Mr. Hornig wanted to know the largest vehicle that could turn around with this new proposal.
Mr. Novak said he will have to work on the details. Mr. Hornig also asked the applicant to list the barriers
to extending Stedman Road. The applicant explained that this may not be practical from the neighbors’
point of view. Mr. Hornig reiterated that the solution that the applicant has to come up with has to be
functional as the original approval intended and asked for a full set of plans reflecting the changes since
2010 including a stormwater analysis.
Mr. Creech and Mr. Leon agreed with Mr. Hornig. Mr. Leon reiterated that the alternatives have to be
carefully examined to judge their suitability and to make sure the fundamental purpose of the original
intent of the easement is achieved. Mr. Leon also emphasized that the applicant has to ensure that the
current stormwater management requirements and Fire department’s requirements are complied with
by the proposed alternative. Mr. Schanbacher reiterated Mr. Leon’s suggestions and asked the applicant
to come up with a viable solution that would comply with the requirements of the Fire Department.
Ms. Thompson asked the applicant as to why the turnaround was taken out of the plans. The applicant
admitted that it was a big mistake on his part. Mr. Creech did not favor the idea of extending Stedman
Road as it would impact the neighbors and the site around the parcel. The Planning Board discussed and
Lexington Planning Board Meeting Minutes
June 26, 2024
Page 6 of 7
asked the applicant to come up with creative solutions that would meet the goals of the initial easement
that was approved by the Planning Board in 2010.
Ms. Page stated that, based on her conversation with the Conservation Director and Assistant Fire Chief,
a side by side comparison of stormwater calculations of what was originally required and what was built
is required. Ms. Page also asked for a confirmed calculation of the total impervious surface and asked the
applicant to design an infiltration system to factor in the changes due to the present driveway. Ms. Page
also added the comments from the Fire Department that the turnaround that was built was not big
enough for them to turnaround and would have to back up on their way out, which is not ideal for them.
Ms. Page emphasized that a turnaround is required per fire code for this dwelling unit and that the Fire
Department liked the idea of constructing Stedman Road from Farmcrest Avenue to Brookside Avenue
and wanted it to be fully paved for at least 18 feet.
Public Comments
Robert Hewett, 23 Hilltop Ave, expressed his view that based on the geography of the location, an ideal
solution for emergency services has to be worked out.
Mr. Creech moved to continue the Public Hearing for 32 Brookside Avenue, formerly known as 10
Stedman Road, to Wednesday July 31st at or after 6 p.m. on zoom. Ms. Thompson seconded the motion.
The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes; Schanbacher – yes;
Thompson – yes; Hornig – yes). MOTION PASSED
Board Administration
Board Member Updates
Mr. Creech updated the Planning Board members about the Town Manager Search Screening
Committee’s meetings and shared the timeline for the selection process.
Staff Updates
Ms. McCabe informed the Board that EOHLC had approved the economic feasibility study which was part
of the Zoning for MBTA Communities, according to which the requirement for inclusionary dwelling units
in properties with 14 or more units would be 15%
Amend Planning Board Procedural Rules
Ms. McCabe recommended updates to the Planning Board’s procedural rules focusing on the Associate
Planning Board member’s ability to act on Special Permit applications in the absence of one of the 5 voting
members of the Board. Ms. McCabe added that she had also made some minor changes regarding the
timing and frequency of the Planning Board meetings and the submission deadlines.
Mr. Creech moved to approve the changes to the Planning Board’s procedural rules reviewed here this
evening. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 4-0-0
(Roll call: Creech – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED
Lexington Planning Board Meeting Minutes
June 26, 2024
Page 7 of 7
Review Fall Meeting Schedule
The Board members reviewed the schedule presented by Ms. McCabe for the meetings to be conducted
in Fall 2024
Review of Draft Meeting Minutes: 6/5/24
Mr. Creech moved that the Planning Board approve the draft Minutes of the meeting held on 06.05.24
as presented. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 4-
0-0 (Roll call: Creech – yes; Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED
Upcoming Meetings: July 17, July 31, August 14, August 28
Ms. McCabe reminded the Board about the upcoming meeting on July 17th.
Adjournment
Mr. Creech moved that the Planning Board adjourn the meeting of June 26, 2024. Ms. Thompson
seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll call: Creech – yes;
Schanbacher – yes; Thompson – yes; Hornig – yes). MOTION PASSED
Meeting adjourned at 7.52 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. 5 & 7 Piper Rd: Request for continuance/ extension of constructive approval date, dated 06.20.24
2. 25 Hartwell Ave: Staff memo dated 06.21.24, draft decision with findings and conditions for 25
Hartwell Definitive Subdivision
3. 40 Hartwell Ave: Staff memo dated 06.21.24, draft decision with findings and conditions for 40
Hartwell Ave. Definitive Subdivision
4. 28 Meriam St & 32 Edgewood Rd: Staff memo dated 06.20.24, Peer review memo dated 06.21.24,
draft decision with findings and conditions
5. 32 Brookside Ave: Staff memo dated 06.21.24, revised staff memo with additional comments
from Ms. Page dated June 25, 2024
6. Draft meeting minutes from June 5, 2024
RECEIVED
2024 58 prn
TOWN CLERK
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1 3 Jul, a
W own of Lexington LEXINGTON MA
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CERTIFICATION PURSUANT TO G.L C.39,SECTION 23D OF PARTICIPATION
IN A SESSION OF AN ADJUDCITORY HEARING WHERE THE UNDERSIGNED MEMBER
MISSED A SINGLE HEARING SESSION(THE MULLIN RULE):
[NOTE:CAN ONLY BE USED FOR MISSING ONE SINGLE HEARING SESSION]
1, Robert D. Peters(name),hereby do swear and certifyunder the pains and penalties
of perjury as follows,-
1.
ollows:1. 1 am a member of Planning Board (board or committee)
2. 1 missed a.hearing session on the matter of 32 Brookside Ave. Definitive Subdivision
Amendment public hearing
which was held on June 26, 2024
3. On 2229&07f30J2p241 examined all the evidence and testimony received at the
hearing session that l missed'which included a review of(initial which one(s)
applicable):
a. official audio recording of the missed hearing session:or
b. X official video recording of the missed hearing session;or
C. official transcript of the missed hearing session;or
d. X official maps, plans or submittals relevant to the hearing session
This certification shall become a part of the record of the proceedings in the above matter.
en
Signed under the pains and penalties of perjury thls�� da Na , 20 .
1,n{
wr
Signature of Board or Committee Member
Received and recorded as part of the official record of the above matter:
RECEIVED
Date:
By: 3:40 pm, Jul 30 2024
a
Position:
LEXINGTON MA