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PLANNING BOARD MINUTES
MEETING OF MARCH 1, 2017
A meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room was called to
order 7:00 p.m. by Chair, Richard Canale with members Charles Hornig, Nancy Corcoran-
Ronchetti, Tim Dunn, and Ginna Johnson and planning staff Aaron Henry, and Lori Kaufman
present.
Elections are Monday and this is Tim Dunn’s last meeting and the Board wanted to thank him for
his service and will honor him after Town Meeting. On Tuesday the Town Moderator will have a
meeting to discuss the Town Meeting scheduling. Once Mr. Canale gets the schedule he will
advise the Board and staff.
*******************************STAFF REPORTS********************************
General Updates:
There will be an additional meeting on March 8 and the Tree Committee will be presenting to the
Board their proposed Article 37 on trees for discussion and input. A sketch plan for 443 Lincoln
Street has been submitted and staff will work with the chair to schedule this meeting.
****************2017 ANNUAL TOWN MEETING PUBLIC HEARINGS***************
PUBLIC HEARINGS
Amend Brookhaven RD-6 to PD-1, Article 44:
Chair Richard Canale opened the public hearing at 7:12 p.m. with approximately 7 people in the
audience.
The applicant has requested a continuance on this matter.
On a motion duly made and seconded, it was voted, 5-0, to continue the public hearing to
Monday, March 20, 2017, in the Parker Room at 6:00 p.m.
Medical Marijuana, Article 46:
Chair Richard Canale opened the public hearing at 7:19 p.m. with approximately 7 people in the
audience.
Mr. Ethan Handwerker did the presentation for Article 46. The presentation can be found in the
Planning Board meeting file. The proposed warrant article refines the definitions and expands the
locations where the use would be allowed. This is only for medical marijuana for cultivation,
processing and dispensing.
Board Comments:
Why would the Town permit uses in the GC Districts considering all the legal
ramifications that would go along with this use? For future possibilities.
Page 2 Minutes for the Meeting of March 1, 2017
This was defeated two years ago; why should this proposal be changed now? The longer
the Town waits the more likely homeowners will do home cultivation causing more
problems.
Lt. Det. James Barry was present to represent the Lexington Police Department.
Audience Comments:
The Police Department said this was already addressed two years ago in Town Meeting
and the Town should wait to see how this plays out over the next two years and see what
regulations might come up.
The American Medical Association (AMA) has come out with concern about the use of
marijuana.
On a motion duly made and seconded, it was voted, 5-0, to close the public hearing at 7:50 p.m.
The Board supported the medical marijuana zoning article two years ago and Town Meeting
decided where it would be allowed. Considering this will be taken up next year the Board
recommends accepting some of the proposed definition changes but not change the current
locations where the use is allowed.
Mr. Handwerker will accept the changes to definitions, but requested making location changes to
make current zoning a little less restrictive.
Two other articles are proposed that seeks to create a Cannabis Committee and Right to Farm
Bylaw (Articles 32 and 39). This will create a burden to notify new residents of the right to grow.
The Board decided to take these matters up at a later meeting.
Special Permit Residential Development, Article 40:
Chair Richard Canale opened the continued public hearing from February 15, 2017 at 8:03 p.m.
with approximately 6 people in the audience. The Board was waiting for additional changes to be
presented.
Mr. Henry said staff tried to develop a model that would work for all the Board members. Staff
created a design matrix based on input from the Board members as well as helped the Board to
guide the developers through this mechanism. With this revision a developer who does not want
to build a conventional plan (by right) could come to the Board at the sketch plan level and get
guidance on a proposal for that site that would be acceptable to the Planning Board.
Board Comments:
Each line should have the same financial incentive.
This would provide some clear guidance on what the Board would like to see.
Minutes for the Meeting of March 1, 2017 Page 3
Comfortable with the basic concept, but could be hard to explain. Mr. Hornig explained
his revisions that were submitted to staff.
Like this matrix approach less and less since the outcry was to look at balanced housing
developments. This does not respond to what the public was requesting to address these
issues. This gives no predictability for abutters and want it much more restrictive capping
on the number of units to 1.75 times the proof plan. Increased density should only be
allowed when there are benefits to the Town. This will not get us where we should be and
will oppose this approach.
Not sure this is clear and easy and will also oppose this approach.
Remind those opposed that what is on the books is worse then what this proposal offers.
The site sensitive developments (SSD) had a restriction on site coverage which is now
gone and have a concern about that.
The funds to construct the affordable units would be submitted to the Town or developer
can build them and transfer the rights to the Town. This is not generating the type of units
that would benefit the Town in terms of creating obtainable units. Cluster developments
are needed but want them scaled back.
What would be the difference between 2.0 and 1.75 times proof to you? What would be
different?
Audience comments:
Developers do not want to sit on large single houses and will always choose the larger
number of houses.
Get rid of the higher numbers and keep affordable units.
The proof plan should show what can actually be built and saleable and done by right.
Board Comments:
Need to find a way to change developable land, redefine open space and have it deeded to
the Town, affordable units should be rounded up, interior roads should not be allowed
with no higher than 8% grade, trails should be required and every two years reviewed by
the Board and Town Meeting.
Message at public hearing was people don’t like conventional subdivisions where they
clear the entire lot for large lawns.
Cart Path Lane totally cleared the lot for a conventional subdivision and if there is no
cluster developments, more lots will be totally cleared to allow a conventional
subdivision.
Page 4 Minutes for the Meeting of March 1, 2017
The opportunity to get smaller units will be lost if no reasonable alternatives are provided
and will get more Cart Path Lane developments.
On a motion duly made and seconded, it was voted, 5-0, to continue the public hearing to March
8, 2017 in the Selectmen’s Meeting Room at 7:30 p.m.
Neighborhood Conservation Districts, Article 35:
The Board discussed revisions to the Article.
The Board agreed to bring it forward and vote on it next week with a new member.
Scenic Roads, Article 33:
Make this part of the Comprehensive Plan for next year.
Concerned that residents don’t want it based on feedback and don’t see the benefits to the Town.
This is a tool in our efforts to preserve parts of the Town and acknowledge our heritage.
There should be an opt-out provision.
The Board agreed to bring forward.
Definitions, Article 41:
The Board agreed to bring it forward and vote on it next week with a new member.
Balanced Housing Development, Article 45:
This is not actionable and not workable under this scheme nor is it permissible. Recommend
Town Meeting not approve this proposal.
Blasting, Article 34:
This is prohibited by State Law and should be discussed with the Fire Safety Board first. During
the last two months of hoe ramming (hydraulic hammering) on Summit Road, abutters were
calling to ask to allow blasting. Staff recommends addressing this with Fire Safety Board first
before bringing to Town Meeting. The Board will discuss this over the next two weeks.
************************BOARD ADMINISTRATION*****************************
Minutes:
On a motion duly made and seconded, it was voted, 5-0, to defer the minutes of January 4, 5, and
18, 2017, to next week.
On a motion duly made and seconded, it was voted, 5-0, to adjourn at 10:10 p.m.
The meeting was recorded by LexMedia.
The following documents used at the meeting can be found on file with the Planning Office:
Letter from Brookhaven requesting a continuance from March 1, to March 20, 2017 (1
page).
Minutes for the Meeting of March 1, 2017 Page 5
Amend Zoning Bylaw medical marijuana, Article 46 (2 pages).
Amend Zoning Bylaw medical marijuana, Article 46 with edits by Mr. Hornig (2 pages).
Amend Zoning Bylaw SPRD, Article 40 (6 pages).
Amend Zoning Bylaw SPRD, Article 40 with edits by Mr. Hornig (6 pages).
Amend Zoning Bylaw NCD, Article 35 (2 pages).
Amend Zoning Bylaw NCD, Article 35 with edits by Mr. Canale (2 pages).
Amend Zoning Bylaw Scenic Roads, Article 33 (1 page).
Amend Zoning Bylaw Definitions, Article 41 (2 pages).
Amend Zoning Bylaw BHD, Article 45 (1 page).
Amend Zoning Bylaw Blasting, Article 34 (1 page).
Ginna Johnson, Clerk