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HomeMy WebLinkAbout2019-02-13-PB-min PLANNING BOARD MINUTES MEETING OF FEBRUARY 13, 2019 A meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, was called to order at 7:03 p.m. by Chair Ginna Johnson with members Richard Canale, Charles Hornig, Nancy Corcoran-Ronchetti, and Bob Creech; and planning staff Sheila Page and Lori Kaufman were present. *****************************STAFF REPORTS********************************** Comprehensive Plan Update: Planning Board workshop was cancelled because of the weather. The workshop will be rescheduled. **********************DEVELOPMENT ADMINISTRATION*********************** PUBLIC HEARINGS Proposed Zoning Amendment to change all references from the “Board of Selectmen” to “Select Board” and “Member of the Board of Selectmen” to “Member of the Select Board”: Chair, Ms. Johnson, opened the public hearing at 7:04 p.m. with approximately 4 people in the audience. Ms. Page explained that the Board of Selectmen (BOS) are changing their name to Select Board. They will be asking Town Meeting to amend the general by-laws to reflect the name change. They are also asking the Planning Board and Town Meeting to amend the zoning by-laws to reflect the name change. Specific locations in the document would be identified using the search and find feature. Board Members felt that this was a good language change. Public Comments:  No problem with concept, but have a problem with the way they plan to implement it. Removing the term Board of Selectmen completely could run afoul of state law. Individual Board Members comments:  The actual motion will have to be more careful because sometimes we use Selectmen instead of Board of Selectmen.  Staff was asked to inquire where in the by-law these changes would occur. On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted, 5-0, to close to the public hearing at 7:14 p.m. Proposed Zoning Amendment to reasonably regulate land uses protected by Mass. General Law Chapter 40A Section 3 through site plan review: Page 2 Minutes for the Meeting of February 13, 2019 Chair, Ms. Johnson, opened the public hearing at 7:15 p.m. with approximately 4 people in the audience. Ms. Jeanne Krieger presented the citizen’s petition for limited site plan review for uses protected by Massachusetts General Law Chapter 40A Section 3 such as educational, religious and child care activities but not farms. This would provide for reasonable regulations to allow for abutters concerns to be heard and protect the proponents. The review would consider bulk and height of structures, yard sizes and setbacks, lot area, open space, parking, and building coverage. The purpose is to shape the project and not deny the project. Individual Board Member comments:  Mr. Hornig said that he helped draft the amendment.  Why are only six things listed in the zoning? Ms. Krieger said she did not want to set the expectation too high as this would be a limited review per state law. Listing the items is to help clarify expectations.  This proposal provides and understanding of the certain protected uses and provides clarity on what’s appropriate to regulate.  Based on past experiences, a reviewed project could have a better outcome. There could be a better project with input from staff and boards.  Are these the only things that can be discussed? They can be discussed, but not regulated. This provides an opportunity for discussion and often the proponent would be agreeable to some issues of concerns.  Do some of these items need to be defined? They are referenced in the state regulations. Public Comments:  This seems to be unnecessary and will be arduous for churches. The speaker highly encourages the Board not to recommend this.  This is a good proposal and adds significantly to the tool set and should be approved.  There are examples of two past projects where neighbors were unaware of a new project. Issues could have been addressed by the developer and help the developer be a good neighbor. Even though certain aspect cannot be controlled, they could have been modified and add value to the project. Little Sprouts, a recent project, did not have a connected to the sewer system before they tore down trees. Neighbors were not even aware they were permitted to build. This process could be made to not over burden churches and daycares. The speaker recommends the Planning Board support this article.  An abutter did not know about the Goddard School until they got a stormwater permit notice. The abutter contacted the developer and discussed the stormwater notice and was Minutes for the Meeting of February 13, 2019 Page 3 shocked to learn that they could build inside a neighborhood. During this discussion, suggestions were made that improved the outcome. This warrant article would make abutters part of the process and made aware of the projects entering their neighborhoods and support this proposal.  Residents were not aware that the Goddard School was having a Halloween event and people were parking on lawns along the street. An emergency vehicle needed to get through and the Police were called to help. This issue could have been avoided if the neighbor was notified and the School prepared their guests. The Goddard School will have a negative impact on the neighborhood once it is at capacity. They should have a neighborhood committee to coordinate with the neighbors. A review could prevent safety issues, impacts like headlights beaming into abutter’s living room, and encourage appropriate and effective screening?  There is a reason for the looser regulations for these protected uses. History has shown that certain religious uses create concern and as a result the building process was slowed. Daycares are different. Individual Board Comments:  It is wise to have the six items listed. This new bylaw does not change anything that is allowed and just makes the process transparent to the applicants and citizens. Transparency has been a major concern the last few years and this would be a win-win for everyone. This member welcomes this proposal and strongly supports it.  This amendment provides a forum for concerns to be heard. Without notification a resident’s quality of life can change without warning.  This is forcing the applicants to think about things that they are not focused on and provides a way to interact more with the neighbors. On a motion of Mr. Hornig, seconded by Ms. Corcoran-Ronchetti, it was voted, 5-0, to close the public hearing at 7:51 p.m. The Board deliberated: The Board should be cognizant that site plan review creates additional procedure and at least 60 days for review. There may be a negative impact as people will expect the Board to do more than they can do. The extent of the review is limited by law and the use cannot be denied. This may be a learning period for some. Allowing a forum for the public to air their concerns and thoughts and the developer to hear and address their concerns. There is a benefit to have the public meet with the applicants and be clear about the regulations. Page 4 Minutes for the Meeting of February 13, 2019 Part of the Board’s report should include the regulations of what can be done to give Town Meeting Members. On a motion of Ms. Corcoran-Ronchetti, seconded by Mr. Canale, it was voted, 5-0, to recommend support for this proposed article to Town Meeting. *************************BOARD ADMINISTRATION**************************** Review of joint Planning Board and CPAC workshop Planning Board Workshop: The workshop was cancelled and the Board wants to reschedule the Planning Board and CPAC workshop for February 28, March 6 or 9. Ms. Johnson’s presented power point presentation for the Board for review. Board Member Updates: Mr. Creech is unable to attend the March 6 meeting. . Review of Annual Town Meeting Warrant Articles and potential recommendations: The Planning Board reviewed the Community Preservation Committee’s appropriations request for the following projects which are listed in Article 14. 14-a) Conservation Land Acquisition 14-b) Willard’s Woods Site Improvements 14-c) Archives & Records Management/Records Conservation & Preservation 14-d) Battle Green Master Plan- Phase 3 14-e) 9 Oakland Street- Renovation and Adaptive Re-Use 14-f) Athletic Field Complex at Minuteman Regional Vocational Technical School 14-g) Old Reservoir Bathhouse Renovation 14-h) Park Improvements- Hard Court Resurfacing 14-i) Park Improvements- Athletic Fields-(subject to reduction if (f) is fully funded) 14-j) Playground Replacement Program- Bridge 14-k) LexHAB-Preservation, Rehabilitation, and Restoration of Affordable Housing 14-l) CPA Debt Service- $3,094,680 m) Administrative Budget The Board was unanimously in favor of all the CPA projects listed above with special support for the following five article: 14-a) Conservation Land Acquisition 14-b) Willard’s Woods Site Improvements Minutes for the Meeting of February 13, 2019 Page 5 14-d) Battle Green Master Plan- Phase 3 14-i) Park Improvements- Athletic Fields-(subject to reduction if (f) is fully funded) 14-k) LexHAB-Preservation, Rehabilitation, and Restoration of Affordable Housing The Board propose to discuss Town Meeting warrant articles at upcoming meetings. Staff will invite the citizen proponents of: Article 4- reduce Community Preservation Act (CPA) Surcharge rate from 3% to 1% pursuant to G.L. c. 44B §16 (Citizen Article) Article 7 – Appropriate Funds for the Creation of a Lexington Economic development Strategy (Citizen Article) Article 35 –Amend Article III of Chapter 118 (Citizen’s Article) Mr. Canale asked that the traffic study for Hartwell Avenue be sent to the Board. Upcoming Meetings and Anticipated Schedule: There are Planning Board meetings February 27, March 6 and 13. The Planning Board workshop is tentatively set for February 28 providing CPAC Members can make it and getting a room for that evening. On a motion, duly made and seconded, it was voted to adjourn the meeting at 8:51 p.m. The meeting was recorded by LexMedia. The following documents used at the meeting can be found on the Planning Board website in Planning Board packets.  Citizen’s petition proposed amendment for Proposed Zoning Amendment to reasonably regulate land uses protected by Mass. General Law Chapter 40A Section 3 through site plan review (1 page).  Revised Citizen’s petition proposed amendment for Proposed Zoning Amendment to reasonably regulate land uses protected by Mass. General Law Chapter 40A Section 3 through site plan review (1 page).  Citizen’s petition regarding CPA status (1 page).  Annual Town Meeting Warrant for 2019 (24 pages).  PowerPoint presentation by Ms. Johnson for the Planning Board Workshop. Robert D. Peters, Clerk