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PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 13, 2017
A meeting of the Lexington Planning Board, held in Selectmen’s Meeting Room, was called to
order at 7:00 p.m. by Chair, Richard Canale with members Charles Hornig, Ginna Johnson,
Nancy Corcoran-Ronchetti, and Bob Creech, and planning staff Aaron Henry, David Kucharsky,
and Lori Kaufman present.
*******************************STAFF REPORTS********************************
General Updates:
Mr. Kucharsky gave an update on TSG meeting agenda for tomorrow. They will be looking at the
speed limit on Spring Street, electronic bicycles, and other safety requests.
Comprehensive Plan Update:
Mr. Henry provided a status update on the Comprehensive plan and he and Ms. Kowalski will be
convening the screening group.
***************UPCOMING MEETINGS, EVENTS & ANNOUNCEMENTS*************
Anticipated Meetings:
September 27, will be the continued the public hearings, recreational marijuana moratorium to be
used if Town meeting does not ban recreational marijuana. The Board will need to wrap up
everything for Town Meeting.
October 4, have recommendations ready for those articles. There is some development items
1106 Massachusetts Avenue, a sketch SSD and 10 Rangeway private way street determination.
There are two other possible street determinations.
The meeting for the rest of the year are on November 1, 15, 29 and December 13.
*********************DEVELOPMENT ADMINISTRATION************************
Cedar Street Subdivision-Proposed Street names:
The Board was going to determine street names and staff advised the Board that public safety said
the Abbey Road name was too close to Abbott Road. This item will be heard in two weeks and
there would be no discussion tonight.
Page 2 Minutes for the Meeting of September 13, 2017
PUBLIC HEARINGS
Brookhaven, Site Plan Review:
Chair, Mr. Canale, opened the continued public hearing at 7:10 p.m. with approximately 7 people
in the audience. Mr. Canale has certified that he watched the meeting so can vote on the plan by
using the Mullins Rule Statute.
Present were Mr. William Dailey, attorney, Jeanne Krieger, Member of the Board of Trustees, Ed
Grant, attorney Mr. James Freehling, CEO.
Mr. Daley said they met with the Conservation Commission and the public hearing has been
closed. There were two issues:
Consider changing the issuance of the building permit to the certificate of occupancy
regarding public access to the trail.
Will work with public safety on where to put the gate, bollards, or speed bumps.
Mr. Henry said there was already a gate and public access will need to be agreed upon.
Board Comments:
In the draft decision special condition 5 is not necessary since it is covered in section 4e
in the MOA.
Could do a separate MOA or subject to occupancy would be satisfactory.
Does Conservation feel 4e is not satisfactory? They were concerned since it was out of
their jurisdiction and after speaking with Town Counsel believed an easement would be
the best instrument.
Condition 5 the wording would be tied to CO not building permits. Mr. Grant said the
MOA is enforceable by the Town.
This should be about the implementation not the instrument. It should address how and
by when for occupancy.
Location of the bollards being pushed back is not an issue.
Is it possible to meet public safety in the current site design to get the trucks in and off
the street?
Special condition 3 should not include at the new curb cut.
Public comments:
Concerned about the existing trail that has a sign for employees only and would like to
see parking lot open to the public to allow public access to the trail system. The trail is
always open and the sign is just let employees know where to park. Want staff to park
there and not to prevent public access. Will add a sign that says the trail access is open
to public.
Minutes for the Meeting of September 13, 2017 Page 3
The resident spoke with an assistant fire chief regarding the access road and believed this
warranted a locked gate. The placement of bollards will be determined with input from
public safety officials to address access of this road. If there is a problem with residents
abusing the access road public safety in the future and come back to the Board to revisit
that issue. Mr. Dailey said if there is an issue it would be address immediately.
On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted 5-0, to close the
public hearing at 7:44 p.m.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to approve the draft
decision as amended.
*************************SPECIAL TOWN MEETING*****************************
PUBLIC HEARING
45-65 Hayden Avenue, Planned Development District:
Chair, Mr. Canale, opened the public hearing at 7:47 p.m. with approximately 6 people in the
audience. Present were Mr. Thomas Ragnau, principal and CEO of King Street Properties and
Mr. Robert Albro, managing director.
Mr. Albro said this is to propose a new building that would be 75 Hayden a multiple tenant
building, Merck will vacate in two years and will have the building available and the applicant
wants this to be a premier life science campus. Taking advantage of Hayden Woods, a café area
open to the public and encourage people to stay, including bike storage and amenities. There
would be a garage building built on top of the existing surface parking.
Bill Harris of Highpoint Engineering, Rick Cue and Derek Johnson of Perkins and Will presented
the plans and how the scale of the new buildings is consistent with the existing structures. The
new lab/office building will be 57 feet 65 Hayden Avenue is 58 feet high.
Mr. Albro presented the project benefits fiscally, environmentally, for town residents, recreation
and infrastructure, the addition of 1.65 acres of restricted conservation land which will be in the
MOU, and a shuttle bus stop on site and PTMD plan.
Board Comments:
The petition to change zoning should include how it would be used.
The traffic study was peer reviewed by Howard Stein Hudson and MDM is working on
addressing the issues listed. Staff will get the information to the Board as soon as
possible.
The café/meeting room access for the public where would they park and would it be
during the day? Open during business hours and residents could use evenings and
weekends.
Page 4 Minutes for the Meeting of September 13, 2017
Where is the conservation restriction? Doug Harnett of Highpoint Engineering showed
where that land was.
Want the number and caliper inches of trees that will be removed and added.
Can the double stacked parking be removed? Right now it can’t to make the parking
numbers work.
Where is snow storage? When done will have signs at the edge of the road. The final plan
is not done. Please share with the Planning Board when it is done.
Have concern about the number of cars exiting the garage. What is the traffic mitigation
for the 560 additional cars so they can exit? Provide two exit lanes to prevent queing. Bob
Michaud of MDM said the volume of traffic on Hayden Avenue does not require more.
Height parking garage is 87.5 feet.
Make sure the rules cover the entire site.
There are things in the traffic study that need to be changed regarding the traffic police.
Since this site is adjacent to conservation land ask plant schedule and seed mixes be from
Massachusetts and native to Middlesex County.
Some things in the report anticipate extended business hours is that the case? This type of
space have varying hours; employees can come and go 24 hours a day to check on
experiments that they are doing – but this is a small number of people.
How will the zoning allocate any extra space transferred during subdivision? Peter
Tamm, co-counsel, said this provides flexibility to allow for sale in the future to make
sure it remains compliant in the future. The overall GFA would be capped. If overall who
would get to do those changes for amenities? We would have to give this number in the
future and we will look at it to make the allocation clear.
Are there public easements to park by the Hayden Woods to allow public access? This
will be addressed in the future and has been expressed in the existing MOU. We can have
it similar to Brookhaven.
Make sure you request only what you need not more so the dimensions match.
Traffic concerns are a major issue with how many cars are going through the Lexington
Center. You need to ensure a balance for quality life for the Town.
Do what you can to assure Town Meeting and residents that this will not be dooms day
for traffic.
Missing from the draft MOU is the provisions in the mitigation packet to treat all
employees equitably for different modes of transportation.
Minutes for the Meeting of September 13, 2017 Page 5
The zoning proposal has two special conditions referencing the PTDM and the MOU
which should be redrafted.
What’s the qualification for 100% reimbursement? Mr. Michaud said he was working
with the applicant on the language meaning you come to the site three times a week and
be a full time employees.
Public Comments:
Concerned about losing parking spaces anywhere in the parking area. What is being
proposed now could prohibit walking in the woods and there should be at least a dozen
parking spaces provided in perpetuity.
The Waltham Street / Hayden Avenue intersection is a problem even in the middle of the
day. It may need a traffic signal how does that work? Are you using permeable
pavement? Yes in several areas and adding more except where there is parking.
Appreciated the outreach to the South Lexington Civic Association. Concerned was
expressed that South Lexington is absorbing most of the commercial development, but
the monies should be used to improve south Lexington not elsewhere. Make sure to give
the improvements to south Lexington. After 2:00 p.m. in the afternoon Waltham Street
becomes a parking lot. Would like to hear from the Town how they will implement what
was studied.
Send comments to staff and this needs to be completed by the next meeting and if there are any
issues please advise staff right away. Staff requested that the applicant send all documents in
pieces if need be and they will be forwarded to the Board as they are received.
On a motion made Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 5-0, to
continue the public hearing to Wednesday, September 27 in the SMR at 7:00 p.m.
*************************BOARD ADMINISTRATION****************************
Board Member reports:
The Turning Mill NCD is meeting on Thursday.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 9:27 p.m.
The meeting was recorded by LexMedia.
Bob Creech, Clerk