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HomeMy WebLinkAbout2024-08-28-PB-min-copy Lexington Planning Board Meeting Minutes August 28, 2024 Page 1 of 9 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 Page 2 of 9 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 Lexington Planning Board Meeting Minutes August 28, 2024 Page 3 of 9 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 Lexington Planning Board Meeting Minutes August 28, 2024 Page 4 of 9 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. Lexington Planning Board Meeting Minutes August 28, 2024 Page 5 of 9 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 Lexington Planning Board Meeting Minutes August 28, 2024 Page 6 of 9 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. Lexington Planning Board Meeting Minutes August 28, 2024 Page 7 of 9 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. Lexington Planning Board Meeting Minutes August 28, 2024 Page 8 of 9 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 Lexington Planning Board Meeting Minutes August 28, 2024 Page 9 of 9 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.