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Lexington Planning Board Meeting Minutes
August 28, 2024
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Minutes of the Lexington Planning Board
Held on Wednesday August 28, 2024, Virtual Meeting at 6:00 pm
Planning Board members present: Michael Schanbacher, Chair; Robert Creech, Vice-Chair; Melanie
Thompson, Clerk; Robert Peters, and Charles Hornig.
Also present were: Abby McCabe, Planning Director; Meghan McNamara, Planner; and Kiruthika
Ramakrishnan, Planning Coordinator.
Michael Schanbacher, Chair of the Planning Board, called to order the meeting of the Lexington Planning
Board on Wednesday, August 28, 2024, at 6:01 p.m. For this meeting, the Planning Board is convening by
video conference via Zoom. Lex Media is filming this meeting and is recording it for future viewing here.
The Chair explained the process and the procedure of the meeting.
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
331 Concord Ave. – Public hearing on a definitive subdivision application to subdivide the lot
into three lots
Mr. Schanbacher opened the public hearing on the application of Cabot, Cabot & Forbes, LLC for approval
of a definitive subdivision plan under §175-6.0 of the Planning Board’s Subdivision Regulations.
Nick Dellacava from Allen & Major, the Civil Engineers for the project, represented the applicant Cabot,
Cabot & Forbes. Mr. Dellacava explained that the reason behind the application for definitive subdivision
was to freeze the zoning at the time of application and shared the property rights and dimensional
standards plan and that they did not intend to construct the subdivision. Mr. Dellacava said that the plan
was to manage all the stormwater up at the front of the site and would seek review and approval from
the Conservation Commission.
Staff Comments
Ms. McCabe stated that this subdivision plan was submitted with an intent of not building a cul-de-sac
with 3 lots since the applicant also had an application for a Village and Multi Family Site Plan Review
before the Planning Board. Ms. McCabe explained that the zoning freeze process would freeze the zoning
from the 2023 zoning and the few zoning amendments that were passed in spring of 2024 relating to the
permitted height for including commercial space in the property would not apply to this particular
application. Ms. McCabe added that the staff had reviewed the plans and did not see any issues and
explained the seven waivers submitted by the applicant, which is common practice as the waiver request
are details that typically come prior to construction (final easement language, tree identification, soil test
Lexington Planning Board Meeting Minutes
August 28, 2024
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pits, construction phasing plan) and asked the Board to make the waivers as to be submitted prior to any
construction and be made conditions of the approval.
Public Comments
Nancy Sofen, a member of the Tree Committee, stated that she does not see any issues waiving the
requirement that all trees on the lot be identified at this stage and stated that the tree bylaw would apply
to trees that are cut even within 3 years prior to a development taking place. Ms. Soften requested that
there be a condition that if any of these protected trees were removed in the three years prior to
construction, the applicant should notify the Planning Board for purposes of tracking.
Steven Heinrich, Town Meeting member Precinct 3, wanted to know how the freezing of the zoning
process will affect the multi-family development.
Ms. McCabe responded that with the amendment made to the zoning bylaw in the 2024 Town Meeting,
more commercial space would be required because the minimum amount of commercial space required
was amended to be based on the total gross floor area rather than net floor area, which excludes the
parking, would act as a basis in determining the permitted height of a building up to the 53-feet.
Mr. Creech moved to close the public hearing for the definitive subdivision application for 331 Concord
Ave. 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. Creech moved to approve the waiver requests to postpone submission of the 7 items to be
submitted prior to construction of the subdivision as outlined in the draft conditions of this approval.
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. Creech moved to approve the definitive subdivision application from Cabot, Cabot & Forbes for 331
Concord Ave. with the 32 conditions outlined in the draft decision along with the new condition added
and reviewed this evening. 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. Creech moved to have the chair to sign the decision and correct any non-substantive changes such
as grammar, typos, and for consistency. 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
329 & 331 Concord Ave. – Continued public hearing for a major site plan review proposal for a
multi-family development in the village overlay district (continued from 7/31)
Mr. Schanbacher re-opened the public hearing on the application of Cabot, Cabot, & Forbes (CCF) for
major site plan review under §135-7.5 [Village & Multi-Family Overlay Districts] and §135-9.5 [Site Plan
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August 28, 2024
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Review] of the Zoning Bylaw and Article VI of §181-71 [Stormwater Management Regulations] at 331
Concord Avenue.
The applicant team included: Jay Doherty, Quinlan Locke, Nick Dellacava, Ian Ramey, Steve Prestejohn,
and Allie Sullivan.
Mr. Locke, project manager from CCF, gave a brief overview of the progress made since their last meeting
with the Planning Board and explained the revisions they have made in response to comments and
questions. Changes since the last meeting include: updated bicycle rack system all indoors rather than
some in an outdoor area; a dog area added; asphalt changed to pavers; more benches added; community
garden area added; more evergreen plantings; relocated play area; bus shelter added on Concord Ave.;
and have engaged a traffic consultant. Mr. Locke informed the Board about their meeting with the
Commission on Disability and the additional affordable housing commitments based on the
recommendation from Regional Housing Services Offices. Mr. Locke also informed the Board that they
proposed to reduce the parking fees for inclusionary dwelling units and agreed to a 70% local preference
if the Board consents.
Mr. Ramey, the landscape architect with Copley Wolf, shared the updates to the landscape plan and went
over the changes that were made to the previous plan to activate the front of the building. Mr. Ramey
went over the reduction in surface parking spaces from 29 to 19, the change in hardscape material from
asphalt to vehicular paver, and moving the play space and bike parking. Mr. Ramey added that the space
created by reducing the parking spots was made into a flexible outdoor space with evergreen shade trees
that will provide screening. Mr. Ramey stated that with the relocation of play space, they have added
more usable open space for the residents, including a dog park and composting facilities. Mr. Ramey
added that they will be erecting a perimeter fence in response to abutter’s requests, which will be
integrated with the existing tree and topography locations. Mr. Ramey stated that at present they planned
on using pre-engineered and prefabricated systems with natural stone and veneer for the front retaining
wall and shared pictures to depict the size and usability of the three internal courtyards in the building.
Mr. Ramey also shared details of the specialty pavement for the project and added that the tree planting
and tree mitigation plans would meet all the requirements of the Town’s tree bylaw.
Mr. Prestejohn, the architect from CUBE 3, gave an overview of the floor plans and went over the changes
made to bike parking, which he said will be consolidated in a single room with a mix of parking types to
serve a variety of bike users and explained the mechanism used. Mr. Prestejohn went over the revisions
made to the wall planes of the building and went over the strategies employed in detail. Mr. Prestejohn
also shared perspective renderings from different sides of the building.
Mr. Locke informed that they have engaged a transportation consultant to address the concerns related
to traffic, transportation and ledge removal and that their civil engineer is working towards addressing
the issues raised by the peer reviewer.
Board Questions
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August 28, 2024
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Mr. Creech asked Mr. Prestejohn if they planned to do make facade improvements to the East side of the
building as they have done to the West side of the building. Mr. Prestejohn responded that they can look
at implementing the improvements on the East elevation as well.
Ms. Thompson asked for renderings to help visualize the changes to the play area and the open area for
residents. Mr. Ramey responded that he will provide them. Ms. Thompson said that she felt the buildings
looked very boxy and commercial and asked the applicant to explore other options for the roof line to
make the building look more residential. Mr. Prestejohn responded that with the zoning regulations, they
will not be able to go further high with the roof line and also since the proposed project is a Passive House
project, they have to stick to simple geometries to conserve energy in an efficient manner.
Mr. Peters wanted clarification on where the parking spaces that were reduced in the front of the building
would be placed in the property. Mr. Ramey gave the details of the locations of the relocated parking
spaces and added that they will serve as visitor spaces. Mr. Peters also asked the applicant if they are
familiar with the Town’s noise bylaw and if they had a noise mitigation plan that they would be adhering
to. Mr. Locke responded that they have been working with vibration and noise consultants and that they
are coming up with plans that will comply with the Town’s regulations. Mr. Peters asked the applicant to
participate in the offsite traffic mitigation plans such as the 128 Business Council shuttle and potential
adjustments to the timing of the traffic signals at Concord and Waltham Streets. He was also supportive
of the suggestions in the Design Advisory Committee’s letter and asked the applicant to consider them.
Mr. Schanbacher wanted details of the ceiling heights in the buildings and Mr. Prestejohn said that it was
8 feet 10 inches.
Public Comments
Masoud Sanayei, 240 Concord Avenue, asked for the details of the number of affordable units in the
building and also wanted to know, since they have commercial space in the proposed building, if there
will be more commercial spaces on Concord Avenue.
Darwin Adams, 8 Field Road, wanted to know if the amount of light trespass was considered.
John Elander, 304 Concord Avenue, wanted details regarding the guest parking, the type of heating fuel,
and details of EV charging stations.
Kunal Botla, Chair of the Transportation Advisory Committee, relayed the committee’s support and
encouragement for a bus shelter on Concord Avenue, a contribution to the Transportation Demand
Management fund to support services and infrastructure, and decoupling parking spaces from units.
David Lerner, Rabbi from Temple Emunah, felt that the proposed building looked like an enormous IKEA,
asked for architectural changes, and also expressed his concerns about guest parking and traffic.
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August 28, 2024
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Sarah Forrester, 26 Blossom Street, felt that the proposed building is out of character with the
neighborhood and asked for additional details about the play area. Ms. Forrester also wondered where
the exact number of bike spaces came from and wanted details of the retaining wall.
Michael Germanetto, 291 Concord Avenue, expressed his concern about the enforcement of building
regulations, traffic closures, and handling of construction debris.
Sharon Levin, 5 Blossom Street, wanted details about the price of the condos in the proposed
development and the proposed method for handling Amazon and food deliveries.
Jay Luker, 26 Rindge Avenue, supported the project and provided statistics to show that with more
housing, people would travel less miles to work and hence would lead to reduced traffic.
Steve Heinrich, 11 Potter Pond, felt that the proposal was too large for the location and asked the
applicant to eliminate the commercial space and scale down the project and expressed his concern on
traffic.
Nancy Sofen, 3 Abernathy Road, expressed her pleasure about the applicant’s proposal to achieve gold
certification under the sustainable SITES guidelines, that the tree bylaw mitigation will be carried out with
a native planting plan, and asked the applicant to consider a species different from American Beech as at
present they are under threat for beech leaf disease.
Connie Stump, 151 Pleasant Street, asked the applicant to consider coming up with a proposal that would
conform to the neighborhood character and asked if there were any plans to handle the increased traffic.
Rena Maliszewski, 310 Concord Avenue, expressed her concerns for the lack of overflow parking for guests
and asked for renderings in fall and asked the applicant to consider planting evergreen trees.
Kunal Botla, 40 Grapevine Avenue, expressed his support for the project and stated that any additional
construction of housing inventory, will help bring down the cost of housing across the region and would
help resolve the housing crisis.
Cindy Arens, speaking on behalf of the South Lexington Civic Association, asked the applicant to look into
options to come up with a commuter bus express access to Alewife for the residents of the proposed
development and for other neighbors.
Thomas Yan, 32 April Lane, asked if the shared plans have been drawn to scale.
Staff Comments
In response to questions, Ms. McCabe responded that there will be 30 inclusionary units and that they
will be income restricted. Ms. McCabe added that there will be EV charging stations as required by the
bylaw, which would be 4% of the total parking spaces and that the fire department had reviewed the
proposed locations. Ms. McCabe stated that the applicant has provided a bus shelter on Concord Avenue
and staff supports the Town’s transportation manager’s recommendation for a contribution to the Town’s
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August 28, 2024
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transportation demand management fund. Ms. McCabe added that contributing to the 128 Business
Council would help serve the residents to get to Alewife and would address many concerns about traffic.
Ms. McCabe provided clarifications to a question from the public regarding the number of bicycle parking
spaces and stated that the number was arrived at based on the Planning Board’s requirements. Ms.
McCabe added that though the closest MBTA bus stop is around a half mile away in Waltham, this would
serve as encouragement for the MBTA to reevaluate their bus stops. Ms. McCabe also added that the size
of the trees in the proposed landscaping plan is based on research and past experience with tree planting
in recent developments. Ms. McCabe stated that staff had reviewed the proposal and that it complies
with the zoning bylaw and the requirements of the Planning Board.
Applicant’s Comments
Mr. Locke stated that they will have the transportation engineer in the next meeting to address the traffic
comments from the neighbors. Regarding light trespass, Mr. Locke said that they have submitted a
photometrics plan which will be updated based on the comments received from staff. Mr. Locke added
that they have moved the 10 visitor parking spots to the rear of the site for the business and visitors, and
also provided details of the overflow parking. Mr. Locke added that it will be an all-electric building and
that they will provide more details on the play area and provisions to receive deliveries and mail in the
next set of plans. Mr. Locke stated that they will explore options to address the comments regarding
providing shuttle services for the neighbors.
Board Comments
Ms. McCabe reminded the Board about the two waivers pertaining to bicycle parking regulations, one
related to the dimensions of the bicycle parking and the other one related to bicycle parking spaces not
requiring lifting. Ms. McCabe stated that the applicant was looking for some guidance to see if the Board
will accept the proposal. Ms. McCabe also shared the recommendations from the Bicycle Advisory
Committee with the Board. Ms. McCabe added that the applicant was also looking for guidance from the
Board regarding parking spaces in front of the building which will aid them with coming up with the next
set of revised plans.
Mr. Creech stated that the traffic study would help the Town to evaluate the measures needed to address
the traffic issues that might arise. Mr. Creech also asked the applicant to consider putting a little indent
near the proposed stop for Lexpress, route 128 business shuttle or school buses in to help ease the traffic
tie-ups caused by a bus consuming the full west-bound lane. Mr. Creech added that the rendering of the
courtyard helped him to get a better understanding of the courtyard. Mr. Creech said he was satisfied
with the changes made to the outdoor space and the facades and was supportive of the three waivers.
Mr. Peters felt that a number of concerns relating to the proposed project could be alleviated if the
applicant were to seriously consider building a fully residential building as the location is not well suited
for commercial space. Mr. Peters said he supported the three waivers.
Mr. Hornig said he was supportive of granting the three waivers and didn’t have an issue with the parking
in front.
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August 28, 2024
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Ms. Thompson said she will wait for the revised plans before she could decide on the waivers.
Mr. Schanbacher said he was in support of the waivers for bike parking. Mr. Schanbacher agreed with Mr.
Peters that commercial space was not ideal for this particular site as it would not activate the streetscape,
and hence asked the applicant to consider making it a fully residential project, which would resolve the
parking in front of the building.
Mr. Hornig added that the primary customers for the proposed commercial space would be the families
that would live in the proposed building.
The Board discussed when the next meeting date would be and asked for revised plans by September 23
for an October 9 meeting. The applicant was agreeable to this timeline.
Mr. Creech moved to continue the public hearing for the site plan review application for 331 Concord
Avenue to Wednesday, October 9th 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
The Board recessed at 8:04 p.m. and reconvened at 8:09 p.m.
37 & 39 Peacock Farm Road – No action was taken on this application as the applicant did not
follow through with submission.
Board Administration
Review Draft Planning Board Annual Report
Ms. McCabe reminded the Board about the draft annual report that she had circulated to the members
for review and asked the members if they had any comments or questions.
Special Town Meeting - discussion of zoning amendments
Ms. McCabe said that though she would not recommend any zoning amendments to be considered for
the Special Town Meeting, the new legislation stating that accessory dwelling units be allowed by right in
single family zones up to 900 square feet by all communities might necessitate a zoning amendment at
some point. Mr. Hornig agreed that it was necessary to make the Planning Board’s zoning regulations
consistent with the State law.
Board & Staff Member Updates
Mr. Hornig updated the Board about a webinar he attended on accessory dwelling units conducted by
APA.
Mr. Creech gave brief updates from the Town Manager search screening committee’s meetings and gave
a timeline of events.
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Review of Draft Meeting Minutes: 8.14.24
Mr. Creech moved that the Planning Board approve the draft Minutes of the meeting held on 08.14.24
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: 9/11, 9/25, 10/9, 10/23
Ms. McCabe reminded the Board about the upcoming meetings on September 11, September 25, October
9th and October 23rd.
Adjournment
Mr. Creech moved that the Planning Board adjourn the meeting of August 28, 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 8.22 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. 331 Concord Ave-Public Hearing on definitive subdivision: Planning staff memo dated August 19,
2024, Engineering staff memo dated July 30, 2024
2. 329 & 331 Concord Ave – Public Hearing for Site Plan Review Application: Staff memo dated
8.23.2024; full link to application material -
https://lexingtonma.portal.opengov.com/records/91785. Architectural Plan set, average natural
grade worksheet forms, drainage report dated June 17, 2024, LEED Checklist, Response to DRT
comments, Neighborhood meeting notes, preliminary construction management plan, project
narrative, preliminary signage, zoning summary, design checklist, SWPPP dated June 17, 2024,
Inclusionary Dwelling Unit Narrative dated June 27, 2024, Inclusionary Dwelling Units locations
dated July 10, 2024, Sustainability Narrative dated July 17, 2024, RHSO Memo for inclusionary
units dated July 25, 2024, Peer Review memo dated July 25, 2024, Tree Report dated August 13,
2024, Site Plan Review Application Progress dated August 12, 2024, Non Residential Use letter
dated August 13, 2024, Surface Parking Letter dated August 13, 2024, Supplemental Materials
Narrative dated August 13, 2024, Comments from Design Advisory Committee dated August 27,
2024, Revised Project Narrative dated June 27, 2024, Definitive Site Development Plan Set dated
July 17, 2024, Revised Architectural Plans dated July 17, 2024, Revised Zoning Narrative dated
June 27, 2024, Shadow Study dated June 24, 2024.
List of Public Comments:
a. Electronic Mail from Edmond John, Subject: 329-331 Concord Avenue, dated August 1,
2024
b. Electronic Mail from Jeff Cheng to Planning Officer, Subject: 329-331 Concord Avenue
Village & Multi-family Site Plan, dated August 22, 2024
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August 28, 2024
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c. Electronic Mail from Mark Terzian to Lexington Planning Board, Subject: 329-331 Concord
Avenue, dated August 9, 2024
d. Electronic Mail from Cindy Arens on behalf of South Lexington Civic Association to
Lexington Planning Board, Planning Staff and Quinlan Locke/Cabot Cabot & Forbes (CCF),
Subject: Questions and Comments from SLCA regarding 329/331 Concord Ave Proposal
dated August 22, 2024
e. Electronic Mail from Tom Shiple to Planning Staff and Planning Board, Subject: feedback
on 331 Concord Ave bike parking, dated August 27, 2024
f. Comments from Design Advisory Committee dated August 6, 2024
3. 37 & 39 Peacock Farm Rd: Draft ANR Plan, no application submission
4. Draft Meeting Minutes of 8.14.24.