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HomeMy WebLinkAbout2025-06-25-PB-minMinutes of the Lexington Planning Board Held on Wednesday, June 25, 2025 Virtual Meeting at 6:00 pm Planning Board members present: Michael Schanbacher, Chair; Melanie Thompson, Vice -Chair; Tina McBride, Clerk; Charles Hornig; Robert Creech; and Michael Leon, associate board member. Also present were: Abby McCabe, Planning Director; Aaron Koepper, Planner; and Carolyn Morrison, Planning Coordinator. Michael Schanbacher, Chair of the Planning Board, called to order the meeting of the Lexington Planning Board on Wednesday, June 25, 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 952 Waltham Street — Village and Multi -family Major Site Plan Review Mr. Schanbacher introduced the application of HongSheng Tang for a multi -family development at 952 Waltham Street. Frederick Gilgun, attorney with Nicholson, Sreter, and Gilgun, represented the applicant. Discussion Ms. McCabe stated that the applicant requested a continuance to the August 13, 2025 meeting and to extend the final action deadline to September 3, 2025. She said the applicant is continuing to work on updated materials for submission. Mr. Gilgun reiterated the Applicant wishes to continue the hearing to have more time to submit new material. Public Comments Lin Jensen, 133 Reed Street, Precinct 8 Town Meeting member, Sustainable Lexington Committee, asked if the sustainability checklist was submitted as part of the application. Board Questions Mr. Hornig asked if the applicant is making progress, noting that there have been multiple continuances. Mr. Gilgun stated that they are making progress, but were delayed by exploring the option of a garden - style development instead of townhouses. Ms. Thompson moved to continue the public hearing for the site plan review application at 952 Waltham Street to Wednesday, August 13, 2025 at or after 6:00 p.m. on Zoom. Ms. McBride seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Creech — yes; Thompson — yes; McBride — yes; Hornig — yes; Schanbacher — yes). MOTION PASSED. Lexington Planning Board Meeting Minutes June 25, 2025 Page 1 of 6 Ms. Thompson moved to accept the Applicant's request to extend the final action deadline to September 3, 2025. Ms. McBride seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Thompson — yes; Creech — yes; Hornig — yes; McBride—yes; Schanbacher — yes). MOTION PASSED. 131 Hartwell Avenue — Definitive Subdivision Mr. Schanbacher opened the public hearing on the application of Charlie Minasian for a Definitive Subdivision at 131 Hartwell Avenue. The applicant's team included: David Robinson, Project Manager with Allen & Major Associates, Inc. and Frederick Gilgun, attorney. Mr. Gilgun presented the 3 -lot subdivision application and advised that the intent is to freeze the Village and Multi -Family zoning under the 2024 bylaws. He stated that the applicant does not intend to build the subdivision as proposed. Mr. Gilgun summarized the three waivers being requested for soil testing, creating a maintenance agreement for the subdivision owners, and providing sight lines from the driveways. He suggested the applicant could comply with these requirements, but as the subdivision is unlikely to be built, granting the waivers would be consistent with the subdivision control laws. Mr. Gilgun also noted that the Board approved a definitive subdivision in July 2022 and stated that the applicant would like to rescind that approval provided this one is granted. Mr. Robinson presented the site's current state and shared the proposed subdivision plans for three lots, including stormwater management, utilities, and landscaping. He stated that the plans were designed to be fully compliant with the Board's Subdivision Regulations. Mr. Robinson noted that site triangles were provided for the new subdivision road with Hartwell Avenue, but not for each driveway within the subdivision. Staff Comments Ms. McCabe summarized the staff memo from Mr. Koepper dated June 16, 2025. She stated the application complies with regulations and staff recommends approval with conditions. Ms. McCabe recommended approval of the waivers with the condition that the waived materials be submitted prior to any future construction. She further noted that there are wetlands nearby and that another condition requires the applicant to file with the Conservation Commission prior to any construction. Ms. McCabe explained that the preliminary subdivision application was filed prior to the Special Town Meeting 2025- 1 vote and therefore the definitive subdivision would freeze the zoning bylaws at that time on this property for 8 years from the endorsement of the plan. Board Questions and Comments Mr. Leon asked if the abutting lot had any frontage on the cul-de-sac. He cautioned that there has been litigation on other properties with abutters seeking access rights through a subdivision. Mr. Leon proposed minor modifications to the language in the draft approval surrounding the zoning freeze finding. Mr. Hornig suggested using the statute language in Project Finding 1. Mr. Leon, Mr. Hornig, and Mr. Gilgun engaged in a discussion to clarify the language in this finding. All Board members and Mr. Gilgun agreed to the revised draft approval'. There were no public comments on this application. 1 Revised language reads: "As a preliminary subdivision plan was filed before this vote, the property is governed by the applicable provisions of the Zoning Bylaw in effect as of February 11, 2025 for the period of the zoning freeze." Lexington Planning Board Meeting Minutes June 25, 2025 Page 2 of 6 Ms. Thompson moved to close the public hearing for the Definitive Subdivision for 131 Hartwell Avenue. Ms. McBride 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. Ms. Thompson moved to approve the request for three waivers to allow the submission of the material to be submitted prior to construction for the soil test pits, owner maintenance agreement, and driveway sight lines. Ms. McBride seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Thompson — yes; McBride — yes; Hornig — yes; Creech — yes; Schanbacher — yes). MOTION PASSED. Ms. Thompson moved to approve the Definitive Subdivision for 131 Hartwell Avenue with the conditions of approval in the draft decision. Ms. McBride seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig — yes; Creech — yes; Thompson — yes; McBride — yes; Schanbacher —yes). MOTION PASSED. Ms. Thompson moved to have the Chair sign the decision and correct for any non -substantive changes such as grammar, typos, and consistency. Ms. McBride 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. Ms. Thompson moved to close the public hearing to rescind the Definitive Subdivision approval granted by the Planning Board on July 13, 2022. Ms. McBride 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. Ms. Thompson moved to rescind the 2022 Definitive Subdivision approval for 131 Hartwell Avenue after the expiration of the appeal period for the Definitive Subdivision granted on June 25, 2025 without an appeal. Ms. McBride seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Thompson — yes; McBride — yes; Hornig — yes; Creech — yes; Schanbacher — yes). MOTION PASSED. Board Administration Public Hearing to Amend the Planning Board's Zoning Regulations Ch. 176 The Board reviewed the revised proposed zoning regulation amendments. Mr. Schanbacher noted that feedback was still pending from some other boards and committees and advised that the discussion would be continued to the next meeting. Ms. McCabe stated that she met with members of the Tree Committee to review the SITES v2 checklist. She advised that some changes were incorporated for review tonight, but that additional comments would be forthcoming. §3.6.4 Field Changes — Ms. McCabe added language elaborating on minor changes required by other committees or boards. §4.1.2 Administrative Fee Schedule — The maximum limit for application fees was removed. §9.2.4 Disapproval — Ms. McCabe reviewed this section at Mr. Hornig's request. She advised that a Site Plan Review cannot be disapproved for uses that are allowed per the Zoning bylaws. She clarified that a disapproval is only allowed if required materials have not been provided or there is insufficient information to impose conditions of approval. Mr. Hornig and Mr. Leon discussed the removal of the word "reasonable" from 9.2.4.2, with Mr. Hornig noting that the courts have not permitted disapproval if the project can reasonably made to comply and Mr. Leon suggesting it was not in the Board's purview to decide what is or is not a reasonable condition. They agreed to work with Ms. McCabe offline to discuss Lexington Planning Board Meeting Minutes June 25, 2025 Page 3 of 6 further prior to the next meeting. Mr. Creech asked for clarification of the additional language in §9.2.4 and expressed concerns with by -right development. Ms. McBride agreed that "reasonable" is ambiguous and opposed reducing or removing the Board's ability to deny a project. Ms. Thompson asked for clarification on §9.2.4.1. Mr. Hornig noted that the Board has not denied, or come close to denying, a Site Plan in over 13 years. §9.3.1 Major Site Plan Review — Mr. Creech suggested minor modifications to the language for clarity. §9.3.2 Required Submittals; §9.4 Minor Site Plan; §9.5 Limited Site Plan Review — Ms. McCabe shared minor language cleanup and advised that further changes, particularly for §9.3.2, are forthcoming. §12.4.2 Bicycle and Other Device Parking — Ms. McCabe highlighted an addition to §12.4.2.2 encouraging a bicycle share system in multi -family developments over a certain size. Mr. Leon questioned the "standards" for storage and encouraged additional language for clarity. He further questioned the addition of "non -accessible" and recommended clarifying that it refers to the nearest non -ADA Accessible parking space. Mr. Creech asked for clarification on §12.4.2.11. Mr. Hornig suggested changing "parking spaces" to "parking rows." Mr. Creech then asked for minor revisions to §12.4.2.12 regarding lift -assist bicycle storage. The Board discussed the e -bike charging requirement (§12.4.2.14). Mr. Creech wondered if 25% would be enough. Mr. Hornig questioned the practicality and logistics of large-scale charging needs. Mr. Schanbacher acknowledged Mr. Hornig's concerns and advised that the regulation could be revisited if feedback from developers indicates an unreasonable burden. Mr. Hornig requested feedback from developers of recently approved projects. Ms. McBride wondered if 25% was too high. Mr. Leon suggested the applicant could request a waiver if 25% was unreasonable. Mr. Hornig noted that it is easier to retrofit the infrastructure for e -bikes than for EV car charging. Public Comment — Tom Shiple, 18 Phinney Road, Precinct 9 Town Meeting member, Bicycle Advisory Committee, confirmed that amperage required for charging and supported the proposed revisions. §12.5.3.5 Building Massing — Mr. Leon suggested using "pedestrian -oriented" for the main fagade in a campus setting. Mr. Creech requested examples of mixed-use campus settings. §12.5.4 Facade Treatment — Mr. Schanbacher and Mr. Leon recommended the use of "pedestrian - oriented" in this section and Mr. Hornig suggested this should apply to publicly -oriented commercial spaces. Mr. Leon noted that in situations where transparent windows would not be appropriate, the tenant could install blinds. Mr. Hornig wondered if blinds would violate the transparent requirement. Mr. Leon stated there are no existing bylaws that govern interior coverings. §12.6.1 Site Design; §12.6.4.4 Plant Selection — Minor language revisions for clarity. §12.6.5 Parking Perimeter Buffers, Transition Areas, and Screening — Additional language was added to ensure tall trees would enhance street canopy when applicable. Mr. Leon suggested changing "street line" to "property line." Mr. Hornig noted that Eversource requires tall trees be planted at least 30' from overhead wires. Public Comment - Nancy Sofen, 3 Abernathy Road, Tree Committee, advised that the Tree Committee views "If [... ] room exists..." to include the consideration of vertical room and overhead wires. §12.6.9 Outdoor Gathering and Amenity Space — Mr. Creech clarified with Ms. Morrison that the items listed for revision were §12.6.9.2 and §12.6.9.3, rather than 1 and 2 as listed in the draft document. §12.8 Outdoor Lighting—Added "shall" to enforce the requirements of §12.8.5 and §12.8.6. Ms. McCabe noted that the height of light fixtures in parking lots has been discussed on several projects and recommended adding a height restriction for residential parking lots. Ms. McBride supported this addition. Mr. Hornig raised concerns with this height limit in mixed-use developments, where the Lexington Planning Board Meeting Minutes June 25, 2025 Page 4 of 6 commercial first floor is required to have a 14' floor to floor height. He noted that if a light fixture is to be mounted to the building, it could interfere with commercial windows. Mr. Schanbacher stated that it is unlikely to be a problem as most commercial properties would not have glazing the entire 14'. Mr. Leon suggested it should apply to standalone fixtures. Mr. Hornig confirmed the regulation would not apply to driveways. §12.9.5 Drainage and Stormwater Management — Ms. McBride asked to include language requiring stormwater to be contained on-site for irrigation. Ms. McCabe and Mr. Hornig advised that there are other regulations under §12.9.5 and in Ch. 181 regarding stormwater retention on-site and irrigation. Mr. Leon noted that several waivers have been granted for these regulations. Mr. Hornig suggested eliminating this regulation if it is not required. Ms. McBride encouraged prioritization of stormwater management and opposed removing the regulation. Mr. Leon and Ms. Thompson agreed with Ms. McBride's suggestion that the applicants can continue to request waivers if they are unable to comply. Upon further discussion, the Board agreed to use "should" in §12.9.5.8. § 14.4 Payment in Lieu — Increased to $400 per previous discussion. Mr. Leon suggested $400/SF was still conservative and recommended a regular review, noting that insurance companies are reviewing their cost analysis annually. Ms. Thompson asked for a definition of "regular" and wondered if the cost should be based upon insurance replacement costs. Ms. McCabe appreciated the flexibility that "regular" provides. Mr. Schanbacher supported "regular" review, noting that costs may change drastically in 6 months or remain stable for long periods. Public Comment Carol Sacerdote, 15 Loring Road, Precinct 4 Town Meeting member, recommended retaining §9.2.4.3 and did not support the proposed changes. Lin Jensen, 133 Reed Street, Precinct 8 Town Meeting member, Sustainable Lexington Committee, agreed with Ms. Sacerdote. She expressed concerns with the revisions to the first paragraph of §9.2.4 and wondered about the purpose of the change. Ms. Jensen further expressed concern with the differences between the Special Permit and Site Plan Review process. Final Board Comments Mr. Creech agreed with Ms. Jensen's concerns about the Board's control of Site Plan Review, particularly involving by -right developments. Mr. Leon reiterated that he and Mr. Hornig would discuss section §9.2.4 further prior to the next meeting. Ms. Thompson moved to continue the public hearing to amend the Planning Board's Zoning Regulations Chapter 176 to Wednesday, July 16, 2025 at or after 6:00 pm on Zoom. Ms. McBride 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. Housing Inventory Ms. McCabe shared the housing inventory statistics compiled by Mr. Koepper. They shared that 82% of housing in Lexington is single-family and 48% have 4+ bedrooms. Ms. McBride confirmed that the data is for all housing in Lexington and wondered if the studios were in multi -family buildings. Mr. Koepper stated that it was likely, but his resources did not provide that level of detail. Mr. Leon suggested they could be in ADUs. Mr. Creech appreciated the breakdown of housing units. Lexington Planning Board Meeting Minutes June 25, 2025 Page 5 of 6 Board Member & Staff Updates Ms. McCabe stated that 17 Hartwell Avenue received a demolition permit and are expected to start demolition Monday with a groundbreaking ceremony for new construction in July. She asked that the Board members RSVP to her or to the invitation from Boston Properties directly. Ms. McCabe advised that she has begun reviewing accessory dwelling unit (ADU) regulations with the intent to prepare a zoning amendment for Annual Town Meeting 2026. She recommended against bringing any zoning amendments to the fall Town Meeting. Ms. McCabe stated the goal would be to align Lexington's bylaws with new state laws and regulations. Review of Draft Meeting Minutes: June 16, 2025 Ms. Thompson moved that the Planning Board approve the draft June 16, 2025 meeting minutes as presented. Ms. McBride 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 7/16, 8/13, 8/27 Adjournment Ms. Thompson moved that the Planning Board adjourn the meeting of June 25, 2025 at 7:56 p.m. Ms. McBride seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll call: Hornig — yes; Creech — yes; Thompson — yes; McBride — yes; Schanbacher — yes). MOTION PASSED Meeting adjourned at 7:56 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. 952 Waltham Street Continuance & Extension deadline Request dated 6/5/25 2. 131 Hartwell Avenue Definitive Subdivision Plan Set dated 3/28/25; Request to Rescind 2022 Approval dated 5/6/25; Draft Covenant; Response to Preliminary Conditions dated 4/22/25; Staff Memo dated 6/16/25 3. Zoning Regulations Bike Examples; DRAFT Sustainability Narrative; DRAFT Regulations Amendments dated 6/23/25 4. Housing Inventory Lexington Housing Summary dated 6/20/25; Housing Data; Housing by Unit Type; Housing by Bedrooms 5. Draft Meeting Minutes REV DRAFT PB-Mins-06-16-2025.docx Lexington Planning Board Meeting Minutes June 25, 2025 Page 6 of 6