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PLANNING BOARD MINUTES
MEETING OF FEBRUARY 15, 2017
A meeting of the Lexington Planning Board, held in Battin Hall, Cary Memorial Building was
called to order at 5:32 p.m. by Chair, Richard Canale with members Charles Hornig, Nancy
Corcoran-Ronchetti, Tim Dunn, and Ginna Johnson and planning staff Aaron Henry, David
Fields, and Lori Kaufman present. Mr. Mina Makarious Town Counsel was present.
*******************************STAFF REPORTS********************************
General Updates:
Staff has been preparing the first drafts of articles for Town Meeting and is waiting to hear from
the Town Moderator for timing on when the planning articles will be presented.
Upcoming Meetings and Anticipated Schedule:
The remaining fiscal year meeting schedule will be in Dropbox. If any Board members have
vacation or a conflict on these dates please notify staff.
*********************DEVELOPMENT ADMINISTRATION************************
PUBLIC HEARING
0 Grove Street, Definitive conventional subdivision:
Chair Richard Canale opened the continued public hearing at 5:37 p.m. with approximately 30
people in the audience. Present was John Farrington, attorney, Ron Lopez, the applicant and
president of North Shore Residential Development, Jack Sullivan, engineer of record, David Jay,
landscape architect, Dan Mills, transportation consultant, and Mr. Rosen, attorney.
Additional items were received from the applicant regarding this project and a vote will be called
for tonight on the conventional plan for 0 Grove Street.
Mr. Farrington said there were three minor modifications to the plans as well as Mr. Rosen’s
memorandum. Mr. Jack Sullivan said there were three basic changes: extending a trail 30 feet on
lots three and four, the overflow was relocated on lot six, 22 feet away from the Wrigley property
and a swale was added, and a wider easement was created on lot six. A note was removed on the
limit of tree clearing.
Board comments:
The draft decision was presented by Mr. Henry with added conditions requested by Board
members.
The recreational easement should be increased to ten feet wide.
Page 2 Minutes for the Meeting of February 15, 2017
There was a statement made that the submission is not complete regarding the trees.
Trees being removed are not marked including the Limit of Work (LOW) was not
complete. The applicant did not submit the buildability of lots with regard to setback and
buffer zones. Mr. Makarious indicated the bylaw language states that trees to be
removed must be shown, which the applicant has done. If the Board feels it is important
to show additional information then this should be added to the landscaping plan
Public Comments:
Instead of unreadable markings use red dots instead of x’s on the trees to be removed.
On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 7:03 p.m.
The following additional changes will be added to the draft decision;
Any amendments made to the plan will require the applicant must come back to the
Board;
LOW must be approved prior to starting construction;
The landscaping plan will be updated to show trees removed; and
LOW will be used as staging area.
Board members believe this is not the best plan and is very destructive to the site and hope to get
a better plan next month which is less destructive to this site. The Board is forced to approve the
plan with conditions, but is sorry there is not an alternative to this plan in the bylaw. The
endorsement of this plan is a confirmation it meets the conditions.
On a motion duly made and seconded, it was voted, 5-0, to approve the conventional subdivision
plan based on the draft decision by staff and the four additional conditions added tonight.
Mr. Makarious left the meeting.
APPROVAL NOT REQUIRED (ANR)
Wright Farm Lot Adjustment (241 Grove St), ANR:
On a motion duly made and seconded, it was voted, 5-0, to endorse the ANR plan for 241 Grove
Street.
On a motion duly made and seconded, it was voted, 5-0, to allow the Planning Director to sign
the ANR plan for 241 Grove on the Boards behalf.
Minutes for the Meeting of February 15, 2017 Page 3
167, 173 & 177 Cedar Street, Preliminary Conventional Subdivision:
This meeting was continued from February 1, 2017. Present were Mr. Ben Finnegan the
applicant, Mr. Gary Larson, landscape architect, Mr. Rick Waitt and Mr. Michael Novak from
Meridian, and Mr. Peter Staecker, property owner who will be retaining one of the lots.
Mr. Finnegan explained that this is a ten lot conventional subdivision by right plan. No waivers
are being requested. The applicant has solicited abutters within 500 feet and encourage any
questions and provided them with their contact information. They will have a neighborhood
meeting before construction begins to go over scheduling. Mike Novak said they have gone to
Conservation and have an approved ANRAD.
Board Comments:
Appreciate the applicant getting in touch with abutters.
Low impact buildings would be good for sustainability.
Have a single pear shaped cul-de-sac in the center for all the units.
Want there to be a formal arrangement to protect the land.
Show easements on property rights plan.
When there is undeveloped land and access is not provided then you should request a
waiver from providing future access. Mr. Waitt said the access would be in the 50 foot
buffer zone and wanted to know why access would be needed to a substantial wetland.
What is the rationale for going with a conventional? Mr. Waitt said the owners wanted
the conventional plan which is a by right plan as opposed to site sensitive development,
which would require a special permit.
Audience Comments:
Long time abutter’s who live right next door said there would be three 5,000 square foot
houses above them, which would increase the density and the homes would be right up to
our property lines. Concern that our medium size house will be overwhelmed and have
asked the owner to relocate two of the houses. There will be a loss of a lot of green space.
The construction will be two to three years which is a long time. Concern was also
expressed with the additional runoff and they have a dry basement now along with all the
houses around it.
Concern with safety, noise, and dust from this project. It was requested to relocate the
road and maybe construct it as a pear shape to make it less impactful.
Appreciate the communication by the applicant. For the long term the abutter is in favor
of this project.
Page 4 Minutes for the Meeting of February 15, 2017
There was concern with the invasion of privacy when constructing this development. Mr.
Waitt said the applicant is aware of all the comments. The ROW regulations says the
road needs to be right across Freemont Street, but Mr. Finnegan will continue to meet
with abutters to work on that. The applicant will meet with Conservation to address the
drainage until the Boards are happy. This plan is down from a 12 lot conventional
subdivision to 10.
Ask the Board to consider a waiver for a different kind of cul-de-sac.
Consider pursing a Site Sensitive Development.
Site analysis plan should identify adjacent houses.
At the edge of the 25 foot buffer address erosion control.
Showing a compliant plan without waivers, but the Board would rather see the best plan
possible and would be more amenable to a better plan.
On a motion, duly made and seconded, 5-0, to approve the preliminary conventional subdivision
plan for 167,173 & 177 Cedar Street.
On a motion, duly made and seconded, 5-0, to authorize the chair to sign the decision on the
Board’s behalf.
****************2017 ANNUAL TOWN MEETING PUBLIC HEARINGS***************
PUBLIC HEARINGS
Balanced Housing Development (citizen’s petition), Article 45:
Chair Richard Canale opened the public hearing at 8:21 p.m. with approximately 15 people in the
audience. Mr. Bruce Jackan (2 McKeever Dr) presented the amendment which was put forward
as a result of the current Grove Street proposal. If passed, it would apply to all large residential
developments in the future. This would only be a challenge to a development that allows more
units then a by right plan.
Board Comments:
Staff spoke with Town Counsel and this would not be a legally workable amendment.
Town Meeting never had oversight on large developments.
If passed this would only allow conventional plans or planned developments routes.
Work with Town Meeting Members and Town Counsel to propose this article with
amendments to see if it can accomplish what you are looking for.
Minutes for the Meeting of February 15, 2017 Page 5
On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 8:44 p.m.
Special Permit Residential Development, Article 40:
Chair Richard Canale opened the public hearing at 8:45 p.m. with approximately 15 people in the
audience. Mr. Canale and David Fields presented this Article to the audience.
Board Comments:
The financial and physical models developed for this article will need to be presented to
Town Meeting.
This interacts closely with the Article proposing changes to the definitions. It will result
in smaller units.
Public Comments:
Require the units be sold to LexHab.
Better off replacing dashes with 100% in the chart.
How did you get the 2100 square foot size?
Given the complexity of the alternative developments doesn’t the Board open itself to
inconsistencies or unfairness? Why would a developer bother to go through this when
they could do a conventional?
When you give the models and financials include the infrastructure savings for the
developer.
The table needs to be tweaked, but it is better than what we have now.
Board Comments:
This would provide options with Board decisions early on.
On a motion duly made and seconded, it was voted, 5-0, to continue the public hearing to March
1 at 7:30 p.m. in the SMR.
Economic Development Refinements, Article 43:
Chair Richard Canale opened the public hearing at 9:38 p.m. with approximately 8 people in the
audience. Mr. Hornig presented this Article.
Public Comments:
Is the expectation MIT would sell the land or develop it?
Will the Traffic Management Overlay (TMO) district plan be written after the rezoning is
approved?
Page 6 Minutes for the Meeting of February 15, 2017
Was the National Park’s administration included? They have been notified of the
proposal.
Can’t imagine how a TMO would do anything helpful in this situation.
Board Comments:
There is a lot of concern with traffic.
The Board needs to relook at the use table to incentivize more lab and research.
This may be the wrong direction and we should wait till we undertake the comprehensive
plan.
Like this proposal and would like to do more. This is a good first step and the Board
should do something to increase the revenue base. The Board should put this forward and
see where it goes from here.
We need to be responsible about our traffic and not do this because other Towns are
doing this.
We need to increase the commercial tax base, but need to do it in a better way rather than
what this proposal offers.
On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 10:11 p.m.
On a motion duly made and seconded, it was voted, 5-0, to adjourn at 10:25 p.m.
The meeting was recorded by LexMedia.
The following documents used at the meeting can be found on file with the Planning Office:
Amend Zoning Bylaw Article 40, Special Permit Residential Developments (6 pages).
Amend Zoning Bylaw Article 43, Amend GC, CM & CRO Districts (6 pages).
Amend Zoning Bylaw Article 45, Balanced Housing developments (4 pages).
Presentation on Articles 40, 43, & 45 (6 pages).
Letter from John Farrington, Esq. regarding Grove Street Conventional subdivision (3
pages).
Letter from Michael Rosen, Esq. regarding Grove Street Conventional subdivision (6
pages).
Staff memo regarding 0 Grove Street Conventional subdivision plan (2 pages).
Map of the ANR for 241 Grove Street (1 page).
Staff memo regarding Cedar Street Conventional subdivision plan (1 page).
Application and cover letter for 167,173 & 177 Cedar Street (10 pages.)
Preliminary Subdivision Plan set 167,173,177 Cedar Street (11 pages).
Ginna Johnson, Clerk