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HomeMy WebLinkAbout2025-04-17-PB-min Lexington Planning Board Meeting Minutes April 17, 2025 Page 1 of 7 Minutes of the Lexington Planning Board Held on Thursday, April 17, 2025, Virtual Meeting at 6:00 pm Planning Board members present: Michael Schanbacher, Chair; Robert Creech, Vice-Chair; Melanie Thompson, Clerk; Charles Hornig, Tina McBride; and Michael Leon, associate board member. Also present were: Abby McCabe, Planning Director; Meghan McNamara, Assistant Planning Director; and Carolyn Morrison, Planning Coordinator. Michael Schanbacher, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Thursday, April 17, 2025 at 6:00 p.m. For this meeting, the Planning Board is convening by video conference via Zoom. LexMedia 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 450 Marrett Road – Preliminary Subdivision Mr. Schanbacher opened the public meeting for a preliminary subdivision application at 450 Marrett Road. Ms. McCabe advised that the applicant requested continuance to May 7, 2025 and to extend the final action deadline to June 1, 2025. She recommended approval of the request. Mr. Creech moved to accept the Applicant's request to continue the public meeting for the proposal at 450 Marrett Road to Wednesday, May 7, 2025 at or after 6:00 pm on Zoom. He further moved to accept the Applicant's request to extend the final action deadline to June 1, 2025. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig – yes; McBride – yes; Thompson – yes; Creech – yes; Schanbacher – yes). MOTION PASSED. 162 Bedford Street and 5 Reed Street – Preliminary Subdivision Mr. Schanbacher opened the public meeting for a preliminary subdivision application at 162 Bedford Street and 5 Reed Street. Ms. McCabe advised that the applicant requested continuance to May 7, 2025 and to extend the final action deadline to June 1, 2025. She recommended approval of the request. Mr. Creech moved to accept the Applicant's request to continue the public meeting for the proposal at 162 Bedford Street and 5 Reed Street to Wednesday, May 7, 2025 at or after 6:00 pm on Zoom. He further moved to accept the Applicant's request to extend the final action deadline to June 1, 2025. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig – yes; Thompson – yes; McBride – yes; Creech – yes; Schanbacher – yes). MOTION PASSED. 7 Hartwell Avenue – Major site plan review for mixed-use and multi-family development Mr. Schanbacher re-opened the public hearing on the application of Dinosaur Capital Partners, LLC for a major site plan review at 7 Hartwell Avenue. The hearing was continued from 1/30/25 and 3/12/25. Mr. Schanbacher noted that Ms. McBride would not be a voting member on this application, as the hearing began Lexington Planning Board Meeting Minutes April 17, 2025 Page 2 of 7 prior to her tenure on the Board. The applicant’s team included: Scott Oran and Mark Dufton, Dinosaur Capital Partners, LLC; Matt Marotta, ICON Architecture; Michelle Callahan, Nitsch Engineering; and Allison Desbonnet and Ian Ramey, Copley Wolff. Also present was the Board’s peer reviewer, Brian Geaudreau of Hancock Associates. Mr. Marotta summarized the project and introduced the other presenters. Ms. Callahan explained a minor adjustment to the parking lot layout to accommodate movement of a fire truck through the lot. She confirmed the revised layout was approved by Lexington’s Assistant Fire Chief. Ms. Callahan also noted that the designated parking spaces for the café had been reassigned to full size spaces, as they were both compact car spaces. The Hartwell Avenue entrance was widened to 22’. She stated that all stormwater peer review concerns had been addressed. Ms. Desbonnet advised that the applicant has reached out to the Tree Warden for a public hearing and approval. She confirmed they will follow MGL c. 87 and all Lexington bylaws for tree removal. Mr. Marotta highlighted revisions to the garage entrance and summarized the garage layout. Mr. Marotta confirmed compliance with Lexington’s zoning bylaws. The highest point of the development, measured to the parapets, is 66.1’. He shared the balcony and bay window distribution and highlighted the inclusionary units with these amenities. The ratio of inclusionary units with balconies matches the ratio of market rate units with balconies. Mr. Marotta also showed revisions to the windows of the first-floor commercial space. Staff Comments Ms. McNamara summarized the staff memo dated April 11, 2025. She confirmed that there are no outstanding comments and the application complies with Lexington zoning bylaws and Planning Board’s zoning regulations. She advised that the applicant has requested two waivers for bicycle parking regarding interior storage dimensions and above-grade, lifted bicycle storage. She recommended approval of these waivers. Ms. McNamara further noted that the applicant has requested a special permit to allow parking within 25’ of the unbuilt portion of Westview Street. As that section of street is unlikely to be built, she recommended approval of the special permit. Ms. McNamara recommended partial waiver of the Tree Bylaw. She noted that the applicant meets requirements of the tree bylaw and mitigation of tree removal within the setbacks of the lot. Ms. McNamara recommended following the public hearing process with the Tree Warden for any removal of trees in public right of ways. Ms. McNamara advised that the applicant is working with the Conservation Commission. Their next meeting is expected to be April 29, 2025. Mr. Geaudreau provided peer review services for Conservation as well. She confirmed Assistant Fire Chief Chisholm’s approval of the revisions to the parking lot. Ms. McNamara stated the applicant would continue to work with the Town’s Engineering department to complete water and sewer analyses. She noted that there were no concerns with utility capacity when studies were run for the abutting development at 17 Hartwell Avenue. Ms. McNamara confirmed that the height of the building complies. Peer Reviewer’s Comments Mr. Geaudreau summarized his April 11, 2025 peer review memo and confirmed that all his comments and concerns have been addressed to his satisfaction. His memo confirms compliance with the Town’s stormwater management regulations. Board Questions Mr. Creech requested any outdoor grills be electric with an automatic shut-off. He asked if there were any significant changes to the landscaping due to the revisions in the parking lot. Ms. Desbonnet confirmed that Lexington Planning Board Meeting Minutes April 17, 2025 Page 3 of 7 there were no major changes and advised that they have used grills in other projects similar to the ones Mr. Creech suggested. Mr. Leon asked if there was a possibility of the Conservation Commission review requiring modifications to the presented plans. Ms. McNamara advised that the only pending item with Conservation was the Request for Determination of Applicability (RDA) for the drainage connection; she believes they have no other jurisdiction over the site. Ms. McCabe advised that in the case of an RDA, Conservation prefers the Planning Board close their hearing prior to Conservation’s. Ms. Thompson asked about the placement and size of the café space. Mr. Dufton advised that the café has not changed since the March 12 meeting when it was increased to 400 SF. The only change at this meeting was moving the two dedicated spaces to full-size spots. Ms. McBride asked if there was an automatic irrigation system connected to the rainwater harvesting tank. Ms. Callahan advised that roof runoff will be collected for irrigation. Ms. Desbonnet confirmed there will also be permanent supplemental irrigation on site. Ms. McBride questioned if the children’s play space will be open to the public. Mr. Dufton agreed that space would be a public amenity. She commended the applicant for their willingness to join the 128 Business Council. She encouraged the applicant to restrict or prohibit the use of second-generation anticoagulant rodenticides pursuant to Annual Town Meeting 2025 Article 24. She appreciated the inclusion of composting in the trash and recycling room. Mr. Schanbacher expressed displeasure that the revised fire turnaround has increased the amount of pavement on-site, however he noted that this is not unique to this development. There were no public comments on this application. Board Comments Mr. Creech appreciated the revisions to the first floor with additional fenestration. Mr. Schanbacher thanked the applicants for their clear tree removal and mitigation plan. He asked Ms. McCabe and Ms. McNamara to encourage other applicants to provide such clear plans. Mr. Schanbacher confirmed the applicant had received and reviewed the draft decision prepared by staff. He asked if they approved of the modifications added during the course of the meeting1. Mr. Dufton agreed to the modifications and the draft decision. Mr. Creech moved to close the public hearing for the site plan review and special permit application for 7 Hartwell Avenue. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Leon – yes; Creech – yes; Hornig – yes; Thompson – yes; Schanbacher – yes). MOTION PASSED. Mr. Creech moved to grant a partial waiver of the Tree Bylaw because the project's tree removal on the property is best mitigated with the proposed landscape planting plan that meets the tree replacement requirements on the project site and with a condition of approval requiring a tree protection plan prepared by a certified arborist. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig – yes; Leon – yes; Creech – yes; Thompson – yes; Schanbacher – yes). MOTION PASSED. 1 Outdoor grills to be electric with an automatic shut-off and the children’s play area to be open to public use. Lexington Planning Board Meeting Minutes April 17, 2025 Page 4 of 7 Mr. Creech moved to waive the strict requirements of §176-12.4.2.7 requiring each bicycle parking space to be at least 6 ft. x 2 ft. The Board finds this proposal meets the intent and purposes of this requirement by providing easy access in a double rack system. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Leon – yes; Creech – yes; Thompson – yes; Hornig – yes; Schanbacher – yes). MOTION PASSED. Mr. Creech moved to waive the strict requirements of §176-12.4.2.9 prohibiting bicycle parking from being lifted off the floor. The Board finds this proposal is acceptable to meet the intent and purposes of this requirement by providing easy access for bicycle storage with 64 of the 195 bicycle spaces in a lift assisted system. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig – yes; Thompson – yes; Leon – yes; Creech – yes; Schanbacher – yes). MOTION PASSED. Mr. Creech moved to grant the special permit waiving §135-5.1.11.3 to allow the driveway, maneuvering aisle, and some parking spaces within 25 ft. of the unbuilt portion of Westview Street. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Leon – yes; Thompson – yes; Hornig – yes; Creech – yes; Schanbacher – yes). MOTION PASSED. Mr. Creech moved to approve the proposal submitted by Dinosaur Capital Partners LLC at 7 Hartwell Avenue with the findings and conditions included in the draft approval decision prepared by staff and the 69 conditions as may be modified this evening. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Leon – yes; Hornig – yes; Thompson – yes; Schanbacher – yes). MOTION PASSED. Mr. Creech moved to have the Chair 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: Hornig – yes; Thompson – yes; Creech – yes; Leon – yes; Schanbacher – yes). MOTION PASSED. 16 Clarke Street – Preliminary Subdivision Mr. Schanbacher opened the public meeting for a preliminary subdivision application at 16 Clarke Street. Mark Vaughan, attorney with Riemer and Braunstein, is representing the applicant, North Shore Residential Development, Inc. He introduced Jack Sullivan of Sullivan Engineering Group, LLC. Mr. Vaughan advised that the plan is intended to freeze the multi-family zoning which existed on the lot prior to Special Town Meeting 2025-1. He does not expect the subdivision to be built as presented. Board Questions Ms. McBride highlighted that this lot is overlooked by the Belfry. She encouraged the applicant to be sensitive to this and the historic Battle Green District when designing plans for development. Mr. Creech asked the applicant to not overload the site with structures when developing plans. Ms. McCabe noted that the property is in the Battle Green Historic District. Any exterior changes to the building or new construction will require Historic Districts Commission (HDC) approval. She has advised the applicant’s team to work closely with the HDC on any proposed development. Mr. Schanbacher encouraged the applicant to make significant progress with the HDC before coming back to the Board with a proposal. Mr. Creech noted that there is a recent building on the corner of Muzzey Street and Raymond Street which was approved by the HDC. There were no public comments on this application. Lexington Planning Board Meeting Minutes April 17, 2025 Page 5 of 7 Mr. Creech moved to approve the preliminary subdivision plan for 16 Clarke Street as outlined in the draft approval prepared by staff with conditions of items to be incorporated into a definitive subdivision plan submission. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Hornig – yes; McBride – yes; Thompson – yes; Schanbacher – yes). MOTION PASSED. 329 Massachusetts Avenue – Preliminary Subdivision Mr. Schanbacher opened the public meeting on the application for a preliminary subdivision at 329 Massachusetts Avenue. Frederick Gilgun, attorney with Nicholson, Sreter, and Gilgun, represented the property owners, M&E Realty, LLC. Mr. Gilgun summarized the current state of the lot and noted that this application is intended to freeze the multi-family zoning on the lot prior to March 2025. It is his opinion that the plan meets the Board’s subdivision regulations and will not require any waivers. He introduced Mike Novak, Patriot Engineering, to present the proposed subdivision. Mr. Novak summarized the preliminary subdivision plan, which creates two new lots on a partial cul-de-sac. Mr. Novak shared preliminary stormwater and utility plans. Staff Comments Ms. McCabe advised that staff had prepared a draft approval and a draft disapproval for the Board. Ms. McCabe expressed concern with the partial cul-de-sac. It is staff’s opinion that it does not comply with Planning Board Subdivision Regulations §175-7.2E(8) and §175-7.2A(1)(a) for vehicular safety. Staff recommends disapproval. Ms. McCabe informed the Board that the draft approval contains conditions as recommendations to improve these areas for a definitive subdivision. She advised that a disapproval of the preliminary subdivision does not disqualify the applicant from filing a definitive subdivision application for the full zoning freeze. Board Questions Mr. Hornig would prefer to leave details to the definitive subdivision application. He suggested the applicant work with the Town to adjust Fottler Avenue if they would like to continue with the presented approach. Mr. Hornig also suggested there are simpler options, specifically highlighting the preliminary subdivision application at 450 Marrett Road as an alternative solution for this property. Mr. Creech asked if the right of way would accommodate one-way traffic or two-way. Mr. Novak advised that his intent was for it to be two-way traffic. Mr. Creech stated that is not safe. Ms. Thompson questioned the location of proposed parking. Mr. Novak advised that there are no buildings proposed at this time and it is likely there would be a complete renovation of the lot when development is proposed. Mr. Schanbacher commended Mr. Novak’s creativity in this application. He agreed with Mr. Hornig that there are simpler options and expressed concern about setting a precedent if this application is approved. He suggested the department and Board should review and update the bylaws. Mr. Leon agreed with Mr. Schanbacher that the Board should not endorse this approach for future subdivisions and recommended disapproval. Ms. McBride recommended disapproval of the application. There were no public comments on this application. Mr. Creech moved to disapprove the preliminary subdivision as submitted for 329 Massachusetts Avenue because the proposed subdivision does not comply with the Board's Subdivision Regulations as follows: Lexington Planning Board Meeting Minutes April 17, 2025 Page 6 of 7 1) the center line of the paved area in the proposed road modification does not follow the center line of the right of way (§175-7.2E(8)); and 2) Proposed street system is not designed to permit the safe, efficient and orderly movement of motor vehicles, pedestrians and cars (§175-7.2A(1)(a)). Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech – yes; Hornig – yes; Thompson – yes; McBride – yes; Schanbacher – yes). MOTION PASSED. 125 Hartwell Avenue – Preliminary Subdivision Mr. Schanbacher opened the public meeting on the application of a preliminary subdivision plan at 125 Hartwell Avenue. David Robinson, Allen & Major Associates, shared the current state of the property and the proposed subdivision. Mr. Robinson stated that this application is intended as a zoning freeze and that there are no plans for development at this time. He shared a preliminary drainage plan and advised that it would be more robust on the definitive subdivision application. Mr. Robinson stated that Conservation had requested they flag and survey any wetlands and file an Abbreviated Notice of Resource Area Delineation (ANRAD). He intends to follow up with Conservation on this request, as Mr. Robinson would prefer to receive the zoning freeze prior to undertaking this work. It is his intention to comply with Conservation’s request prior to any construction or development. Board Comments Ms. McBride supported Conservation’s request for an ANRAD at this time to avoid any complications with future plans. There were no public comments on this application. Mr. Creech moved to approve the preliminary subdivision plan for 125 Hartwell Avenue as outlined in the draft approval prepared by staff with conditions of items to be incorporated into a definitive subdivision plan submission. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5- 0-0 (Roll call: McBride – yes; Hornig – yes; Thompson – yes; Creech – yes; Schanbacher – yes). MOTION PASSED. 473 & 477 Lowell Street – Approval Not Required (ANR) Ms. McCabe stated that the applicant has not submitted their completed application and suggested this will be before the Board at a future meeting. 185 & 187-189 Bedford Street – Approval Not Required (ANR) Ms. McCabe reminded the Board that a condition of approval for the Site Plan Review approved in January was that the applicant file an ANR to combine the two lots, as units will cross the interior lot line. She recommended approval and reminded the Board members to come in to endorse the plans once approved. Mr. Creech moved to endorse the approval not required plan for 185, 187-189 Bedford Street. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: McBride – yes; Thompson – yes; Hornig – yes; Creech – yes; Schanbacher – yes). MOTION PASSED. Board Administration Board Member & Staff Updates Ms. McNamara informed the Board that the building permit for 17 Hartwell Avenue has been issued. Lexington Planning Board Meeting Minutes April 17, 2025 Page 7 of 7 Mr. Hornig notified the Board that the appeal on 5-7 Piper Road has been dismissed in Land Court records. He asked if there was any information the Board would need to know. Ms. McCabe had not been notified and will follow up with Town Council. It is her opinion that the application will not need to come back to the Planning Board for review. Mr. Schanbacher shared that there will be a meeting on April 28, 2025 at 6:00 p.m. in the Community Room of the Lexington Police Station regarding the affordable housing development on Lowell Street. Ms. McCabe reminded the Board the next meeting will be in 3 weeks. She confirmed details for an upcoming site visit at 952 Waltham Street. Review of Draft Meeting Minutes: 3/12/25 and 3/27/25 Mr. Creech moved to approve the draft March 12 and March 27, 2025 meeting minutes as presented. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5 -0-0 (Roll call: Creech – yes; Thompson – yes; Hornig – yes; McBride – yes; Schanbacher – yes). MOTION PASSED. Upcoming Meetings: Wednesdays 5/7, 5/28, 6/11, 6/25, 7/16 Adjournment Mr. Creech moved that the Planning Board adjourn the meeting of Thursday, April 17, 2025 at 7:04 p.m. Ms. Thompson seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig – yes; Thompson – yes; Creech – yes; McBride – yes; Schanbacher – yes). MOTION PASSED. Meeting adjourned at 7:04 p.m. on Thursday April 17, 2025. Lex Media recorded the meeting. Material from the meeting can be found in the Planning Board’s Novus Packet. List of Documents 1. 162 Bedford Street & 5 Reed Street a. Stamped Extension – 162 Bedford St and 5 Reed St – 2025-04-10, dated April 9, 2025 2. 450 Marrett Road a. Stamped Extension – 450 Marrett Rd – 2025-04-10, dated April 9, 2025 3. 7 Hartwell Avenue a. Hancock Review Memo 3, dated 4/11/25 b. Staff Memo-3 7 Hartwell Ave, dated 4/11/25 4. 16 Clarke Street a. 16 Clarke St – Preliminary Subdivision Plan – 3 Lot Preliminary 16 Clarke Street, dated 3/9/25 5. 329 Massachusetts Avenue a. 329 Mass Prelim Subdivision, dated 3/7/25 6. 125 Hartwell Avenue a. 125 Hartwell Avenue – Preliminary Subdivision Site Plans – Issued to Planning, dated 3/6/25 7. 473 & 477 Lowell Street a. 473-477_Lowell_St_Lexington_MA_anr_ANR_stamped, dated 9/23/24 8. 185 & 187-189 Bedford Street a. 185-189 Bedford St – ANR, dated 4/11/25