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HomeMy WebLinkAbout2025-07-16-PB-min.pdf Lexington Planning Board Meeting Minutes July 16, 2025 Page 1 of 7 Minutes of the Lexington Planning Board Held on Wednesday, July 16, 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, July 16, 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 1303 Massachusetts Avenue – Approval Not Required (ANR) Mr. Schanbacher opened the application of Matthew Gaines for an Approval Not Required (ANR) plan at 1303 Massachusetts Avenue, also known as Hollow Lane. Ms. McCabe summarized the ANR request, which seeks to separate the historic house at 1303 Massachusetts Avenue from the 5 condominium units on Hollow Lane. She stated that staff reviewed an early version of the plan and had requested that the applicant include reference notes to the original 1986 special permit, site plan review, and cluster subdivision approvals. She confirmed the proposal complies with zoning and recommended the Board approve the ANR. Matt Gaines, applicant and attorney for the Mason Hollow Condominiums, agreed with Ms. McCabe’s presentation and highlighted that the house is functionally separate from the condominiums. He indicated that the association supports the ANR and that he believes the intent is to sell the house once separated from the association. Mr. Gaines noted that the lot lines had been drawn to preserve an existing Conservation restriction easement entirely on the condominium land. Board Questions Mr. Creech asked how the house became part of the condominium association and confirmed that the unit owners agree with the lot division and removal of the house. He asked if the pool is fenced in exclusively for use by the house only. Mr. Creech noted that 1299 and 1303 Massachusetts Avenue share a curb cut and asked if there an easement. He stated that making unit 6B of 1303 Massachusetts Avenue would advance the Comprehensive Plan goal of creating more housing. Public Comments Mark Kaepplein, Arlington resident and prospective buyer, shared his understanding that units 6A and 6B function as one unit with a shared kitchen and that the 1299 Massachusetts Avenue abutter has access to the driveway by privilege, not an easement. Mr. Kaepplein questioned some of the lot lines Lexington Planning Board Meeting Minutes July 16, 2025 Page 2 of 7 and the easement behind the pool. Mr. Gaines explained the easement behind the pool is for landscaping purposes and advised that any irregular lot lines were used to ensure the Conservation easement remained on condominium land. Board Comments Ms. McBride asked about the shared kitchen and wondered if the units could be considered separate units with no kitchen. Mr. Gaines responded that he did not think there was a legal requirement for a condominium to have a kitchen. Mr. Hornig noted that the 1986 Special Permit allows for 2 units at 1303 Massachusetts Avenue. Mr. Schanbacher reminded the Board they will need to sign the plans in the Planning Office. Ms. Thompson moved to approve and endorse the ANR Plan for 1303 Massachusetts Avenue submitted by Mason Hollow Condominium Trust. 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. 475 Bedford Street – Definitive Subdivision Mr. Schanbacher opened the public hearing on the application of Pulte Homes of New England for a definitive subdivision at 475 Bedford Street. The applicant was represented by Essek Petrie, Pulte Homes; and Dale Horsman, civil engineer with VHB. Ms. McCabe reminded the Board that the applicant submitted a preliminary subdivision application prior to Special Town Meeting 2025-1 and confirmed this definitive subdivision application has been submitted within the 7-month timeframe required for a zoning freeze. She summarized the staff memo prepared by Mr. Koepper dated July 3, 2025. Ms. McCabe noted no issues and confirmed the application complies with subdivision regulations and zoning bylaws. She recommended approval. The applicant is seeking two waivers to allow the submission of the draft easement language and the construction phasing plan documents prior to any construction. Ms. McCabe explained that these items will be included as conditions of approval, rather than waived completely. She further advised that this property would require a Conservation Commission Notice of Intent (NOI) filing for any development, which would also be included in the conditions of approval. Mr. Horsman stated that this application is for a zoning freeze under MGL Ch. 40 Section 6. He shared the current state and history of the property before presenting the proposed subdivision plans showing 3 lots on a cul-de-sac. Mr. Horsman highlighted changes from the preliminary subdivision plan set, including an updated stormwater system and landscaping plan, and the addition of sight distance triangles, construction control plans, and a draft homeowner association declaration. Board Questions Ms. Thompson wondered if the applicant would present any building plans. Mr. Horsman stated that he could share utility and landscaping plans, but that no building plans had been developed. Ms. McCabe clarified that this application is intended to freeze the 2024 zoning bylaws and that any multi-family development would require an additional application, public hearings, and abutter notification. Mr. Leon wondered how much of the property would fall within Conservation’s jurisdiction. Mr. Horsman advised that all lots contain some wetlands or fall within the 100’ buffer. Lexington Planning Board Meeting Minutes July 16, 2025 Page 3 of 7 Public Comments Lin Jensen, 133 Reed Street, Precinct 8 Town Meeting member, Sustainable Lexington Committee, questioned how much developable area was on the lot, excluding wetlands and buffers. Applicant’s Response Mr. Horsman calculated an estimated 2 acres of land outside the 100’ Conservation buffer. Board Comments Ms. McBride confirmed that the waivers would only be in place until plans move forward. Ms. McCabe explained that as conditions of approval, the applicant must provide the waived documents prior to any site work or permitting. She advised that if the applicant does not go forward with construction of the subdivision as proposed, then the waived documents would likely never be submitted. Mr. Schanbacher recommended the applicant review past MBTA projects and requested exemplary design if they proceed with a multi-family development. Ms. McBride wondered if staff could share neighborhood feedback from other nearby projects. Ms. McCabe advised that as part of a Village Overlay application, the applicant must have a neighborhood meeting prior to filing. Ms. Thompson moved to close the public hearing for the Definitive Subdivision for 475 Bedford Street. 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 two waivers to allow the submission of draft easement language and a construction phasing plan to be submitted prior to any site work and any construction for this development. 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. Ms. Thompson moved to approve the Definitive Subdivision for 475 Bedford Street with the 23 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; McBride – yes; Creech – yes; Thompson – 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: Thompson – yes; Creech – yes; McBride – yes; Hornig – yes; Schanbacher – yes). MOTION PASSED. Board Administration Planning Board Zoning Regulations The Board continued their review of revised proposed zoning regulation amendments. The discussion was continued from June 11 and June 25, 2025. Ms. McCabe stated that the Affordable Housing Trust, Sustainable Lexington Committee, and the Tree Committee provided comments that have been incorporated to this draft. §176-3.6.4 Field Changes: Mr. Leon asked for clarification on the process to determine if a modification is minor or substantive. He questioned whether these determinations are at staff discretion or if they should sometimes come before the Board, as is the practice in some other communities. Ms. McCabe explained that the current practice involves applicants submitting a written request with a description Lexington Planning Board Meeting Minutes July 16, 2025 Page 4 of 7 and visuals of the proposed change. She makes an initial assessment and, if the change seems minor and not visibly different, it may be handled administratively. If there is any doubt, she brings the matter to the Planning Board. She further explained that visually significant or substantial changes would require a formal amendment and public hearing. Ms. McCabe stated that common field changes include underground utility shifts or minor landscaping changes. §176-9.2.4 Disapproval: Ms. McCabe stated she worked with Mr. Hornig and Mr. Leon to clarify the reasons for a disapproval. Mr. Leon further explained the reasons a disapproval might be issued and that it would only be in rare or very unusual circumstances. Ms. McBride questioned the revisions to the section. Mr. Leon and Mr. Hornig explained the language in the previous regulations was repetitious. §176-9.3.2 Required Submittals: The LEED checklist was removed in favor of the revised narrative that includes a form with questions specific to Lexington for the building, land, and operation. §176-12.4.2 Bicycle and Other Device Parking: Language was added to define a shared bicycle station and clarify the spacing required between rows of bicycle parking. §176-12.5.3 Building Massing: Mr. Leon requested clarification on §12.5.3.5 detailing the circumstances when a minimum setback is preferred over tree plantings or vice-versa. Ms. McCabe explained there are cases when an existing tree may not allow for a second tree to be planted in the setbacks. Ms. McBride confirmed required setbacks for MBTA projects. Mr. Hornig advised that Village Legacy Overlay (VLO) mixed-use projects have a 0’ setback, residential-only projects require a 15’ setback, and all other projects require a 10’ setback. §176-12.6.4.4 Plant Selection: Mr. Hornig wondered what changed on the preferred planning list. Ms. McCabe advised that a list of invasive species and plants that should never be used was added. §176-12.6.8 Irrigation and Soils: Ms. McCabe advised that the Tree Committee recommended language requiring soil restoration. Mr. Leon wondered at the use of “shall.” Ms. McCabe stated that the applicant would need to request a waiver if they did not intend to do soil restoration. §176-12.6.9 Outdoor Gathering and Amenity Space: Mr. Leon clarified with Mr. Hornig that the “developable site area” means the lot area without wetlands. §176-12.9.5 Drainage and Stormwater Management: Ms. McCabe explained the revision to “should” to make the language stronger, without using “shall.” §176-14.4 Payments in Lieu: Ms. McCabe shared the Affordable Housing Trust (AHT) recommendation, including referencing the Census Bureau Price Index for future adjustments. The Board engaged in a discussion regarding when the payment amount should be reviewed and which index or indexes should be used. Mr. Creech expressed that it wouldn’t be logical to maintain the payment in lieu amount if the index decreases. Mr. Hornig noted that the AHT preferred using an index for payment increases over Planning Board discretion. Ultimately, the consensus of the Board was to increase the amount from $325 to $400 per gross square foot and leave the rest of the language of the section the same. Public Comment Dawn McKenna, 9 Hancock Street, Precinct 6 Town Meeting member, recommended bringing this discussion to the Housing Summit group. Linda Prosnitz, 3 Demar Road, noted that Cambridge uses different indexes for commercial and residential projects for payment in lieu. She recommended tying the payment in lieu to a specific time or event in the Lexington Planning Board Meeting Minutes July 16, 2025 Page 5 of 7 development process (e.g. when a building permit is issued) and further suggested payment be deferred until the certificate of occupancy is issued. Nancy Sofen, 3 Abernathy Road, Tree Committee, clarified that the Massachusetts prohibited plant list is extensive and that the list she provided to Ms. McCabe is species that are exempt from mitigation in the bylaw. She encouraged the addition of language stating that “trees or plants on the MA prohibited list are not allowed to be planted, even those allowed to be sold” given that there are invasive species which the state has granted a grace period on for sales. Speaking for herself, she appreciated the Board and Town’s efforts to promote sustainability and green infrastructure. Ms. Sofen shared the benefit to soil restoration, noting that a tree takes decades to reach maturity. Lin Jensen, 133 Reed Street, Precinct 8 Town Meeting member, Sustainable Lexington Committee, expressed a preference for the original language of §9.2.4.1 and recommended alternate language for §9.3.2.18. Ms. Jensen suggested using Lexington’s data from the Assessor’s and Building offices to determine the payment in lieu amount. Final Board Comments Mr. Hornig suggested revisions to §12.6.4.4 to encompass Ms. Sofen’s comments about species being phased out and recommended removing the Lexington Tree Committee list from the prohibited planting list, given that the state list includes many more species. Ms. McBride requested a reference to “SITES v2” be added to §9.3.2.9. She expressed her opinion that there are important guidelines for developers in the SITES document. Mr. Creech agreed with Ms. Jensen’s recommendation for §9.3.2.18 and approved of the revised disapproval language. Ms. McBride suggested adding language to emphasize the positive impact of trees and plantings on stormwater management, including reducing pressure on the Town’s sewer system during flooding. Ms. McCabe advised that no changes were proposed in the current draft and noted that stormwater regulations (§12.9) were updated two years ago to address retention and on-site treatment for larger projects. She further noted that connections to storm drains require Conservation Commission review. Mr. Leon asked if the regulations provide sizing guidance for rain harvesting systems. He suggested typical systems may be too small to make a significant impact. Ms. McCabe confirmed there are no sizing standards and advised that the regulation is intended as design guidance rather than an engineering requirement. Ms. McBride had additional suggestions for regulations that had not been previously included in this discussion. Mr. Schanbacher recommended closing the hearing on the items that have been discussed and reviewing new changes at a later date. Ms. Thompson moved to close the public hearing on the amendments to the Planning Board's Zoning Regulations various sections of Chapter 176. 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 approve and accept the amendments to the Planning Board's Zoning Regulations Chapter 176 as detailed in the draft revised through July 14, 2025 as may be amended this evening. 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. Lexington Planning Board Meeting Minutes July 16, 2025 Page 6 of 7 Board Member & Staff Updates Mr. Hornig reported on a Housing Summit on July 16, 2025 including the Select Board, Affordable Housing Trust, Lexington Housing Authority, LexHAB, and the Housing Partnership Board to clarify roles and responsibilities, improve coordination, and reduce overlap in work. Ms. Thompson and Ms. McCabe also attended. He stated that the meeting generated discussion, but no major changes or decisions were made. Mr. Hornig also shared that 17 Hartwell Avenue held a groundbreaking ceremony on July 16, 2025 which was also attended by several Board members and staff. Ms. McBride shared that the Transportation Advisory Committee is reviewing potential Lexpress bus redesigns and that there will be increased MBTA service. She reported that the Historic Districts Commission is discussing how to best regulate by-right MBTA developments. Ms. McCabe shared that the Historic Districts Commission (HDC) has assigned two members to act as liaisons for the North Shore Residential Development, Inc team on their proposal for 16 Clarke Street. She reminded the Board that they submitted a preliminary subdivision and intend to pursue a zoning freeze and mixed-use multi-family development on the property. Ms. McCabe stated that she believes the team is targeting submission to the HDC this fall. Given the HDC’s purview on architecture and historic preservation, she recommended the developer make significant progress or receive approval from the HDC prior to coming before the Planning Board. This is in alignment with past MBTA projects requiring concurrent Conservation Commission approval, although she noted that this is the first MBTA project proposed in a historic district. Ms. McCabe informed the Board that the Select Board stated in a recent meeting that they would like to assign the responsibilities of the Condominium Conversion Board to the Planning Board on a case by case basis. She noted that the Conversion Board was created in the 1980s, but they have not met in over a decade, nor do they have any current members. She summarized the Committee Charge and responsibilities. The Board engaged in a discussion of this request. Mr. Hornig was strongly opposed, noting that the bylaw is outdated, may conflict with current state laws, and would open the Board up to legal liability. He recommended repealing the bylaws rather than attempting to modify them. Mr. Creech acknowledged the benefit of having the Planning Board involved, but admitted he was under-informed on the legal aspects. Ms. McBride recommended further conversations with Planning staff to fully understand the commitment. She agreed that repealing Lexington’s bylaw in favor of state bylaws may be best. Ms. McBride stated that she supported simplifying condominium conversions for large single- family residences, but does not support rental unit conversion to condominiums. Ms. Thompson wondered what precipitated this request and expressed reluctance to become involved with legal state matters. Mr. Leon agreed that ownership should not be regulated by zoning and that outdated bylaws should be cleaned up with Town Council review. He suggested a review of the bylaws for Spring 2026 Annual Town Meeting. Mr. Creech emphasized the need to preserve multi-family rental properties while agreeing with Ms. McBride about converting large single-family homes. Mr. Schanbacher observed that the discussion had turned to proposing new zoning bylaws to accommodate condominium conversions. He supported that discussion overall, but cautioned against bringing any amendments forward at this time, citing the Town’s priorities in the new High School and debt override vote. Review of Draft Meeting Minutes: June 11 and June 25, 2025 Ms. Thompson moved that the Planning Board approve the draft meeting minutes of June 11 and June 25, 2025 as presented. Ms. McBride seconded the motion. The Planning Board voted in favor of the Lexington Planning Board Meeting Minutes July 16, 2025 Page 7 of 7 motion 5-0-0 (Roll call: Hornig – yes; Thompson – yes; McBride – yes; Creech – yes; Schanbacher – yes). MOTION PASSED Draft Fall Meeting Schedule The Board reviewed the proposed fall meeting schedule. Ms. McCabe explained her selection of dates, noting several holidays and Town Meeting in November. She suggested holding November 5th as a possible meeting date if the workload necessitates an additional meeting. Mr. Hornig noted that there were 4 weeks between some proposed meetings and wondered when additional Definitive Subdivision applications would be received. Ms. McCabe stated that she expects those applications to arrive in August and September and would be scheduled for September and October meetings. Mr. Schanbacher supported Ms. McCabe’s recommendations. He noted that the Planning Board members who are also Town Meeting Members have not held a significant role in the High School discussions leading up to Special Town Meeting 2025-2. Upcoming Meetings: Wednesday August 13 and August 27 Adjournment Ms. Thompson moved that the Planning Board adjourn the meeting of July 16, 2025 at 8:21 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; McBride – yes; Thompson – yes; Schanbacher – yes). MOTION PASSED Meeting adjourned at 8:21 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. 1303 Massachusetts Avenue Cover Letter dated 7/11/25; ANR Plan dated 7/8/25; 1986 Special Permit; 1986 Subdivision Approval; 1986 Plan 2. 475 Bedford Street Staff Memo, dated 7/3/25; Plan Set date 6/25/25 3. Planning Board Zoning Regulations DRAFT Amendments to Regulations, dated 7/14/25; Sustainability Narrative-Bldg-SITE; Preferred Planting List Amended 7.10.25; Affordable Housing Trust Memo to PB, dated 7/10/25 4. Draft Minutes DRAFT 6/11/25 Minutes; DRAFT 6/25/25 Minutes