HomeMy WebLinkAbout2019-05-08-PB-min
PLANNING BOARD MINUTES
MEETING OF MAY 8, 2019
A meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, Town
Office Building was called to order at 7:00 p.m. by Chair Ginna Johnson with members Richard
Canale, Charles Hornig, Bob Creech, Michael Leon, Associate Planning Board Member and
planning staff Julie Mercier and Lori Kaufman present. Robert Peters joined the meeting in
progress.
**********************DEVELOPMENT ADMINISTRATION***********************
497 Concord Avenue, Continued Pubic Hearing Definitive Subdivision:
Chair, Ms. Johnson, opened the continued public hearing at 7:02 p.m. with approximately 2
people in the audience.
The applicant has requested that the public hearing be continued to June 26, 2019.
The applicant has granted the Board an extension of time to August 1, 2019, subject to the
Board’s approval.
On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted, 4-0, to continue the public
hearing to June 26, 2019, in the Selectmen’s Meeting Room at 7:00 p.m. Staff will follow up the
applicant to let them know that future continuations without information will be viewed
unfavorably.
On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted, 4-0, to approve the request of
applicant and agreed to extend the review period to August 1, 2019.
56 Blossomcrest Road, Approval Not Required (ANR):
Mr. John Farrington said this falls under MGL ch 41 section 81L to allow a parcel to divide with
two original structures. The single family structures were from 1915. Mr. Farrington presented
the background on the lot as explained in the memo found in the Planning Board packet. The
thought was to subdivide, but the topography would make that difficult and it has a shared
driveway with a 14% grade.
Individual Board comments:
There was concern that one house has the lot line goes right through it. If lot line goes
around the house would be more supportive. Mr. Farington has granted to extend the
action deadline to May 31, 2019 and will put in writing tonight upon the Board’s
approval.
Page 2 Minutes for the Meeting of May 8, 2019
You applied for variances from the ZBA and they wanted to hear from the Planning
Board before issuing any variances.
On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted 4-0 to extend the action
deadline to May 31, 2019.
*************************BOARD ADMINISTRATION****************************
Minutes:
On a motion of, Mr. Hornig, seconded by Mr. Canale, it was voted, 4-0, to approve the minutes of
April 11 2019, as amended.
Board Member Updates:
Mr. Creech said the Design Advisory Committee (DAC) will be hearing a request by Sherman
Williams for a 12 foot high non-illuminated sign tonight.
Mr. Canale said the Bicycle Advisory Committee met with Engineering to discuss improved
infrastructure for bicyclists on the streets and a potential location for a pilot on a new protected
bike lane.
Mr. Hornig said the School Master Plan Advisory Committee continues to meet and he is on the
elementary school working committee.
There is a staff meeting to update the TMOD for Hartwell Avenue in coordination with keeping
the Bedford/Hartwell Avenue project on the Long Range Plan.
MAGIC had legislative breakfast in the Community Center in Lexington it was very interesting.
Mr. Peters joined the meeting in progress.
PUBLIC HEARING
15-17 Fairland Street, Definitive Special Permit Balanced Housing Development:
Ms. Johnson recused herself from this matter and Mr. Leon, Associate Planning Board Member
sat in her place. Vice Chair, Mr. Creech, opened the public hearing at 7:22 p.m. with
approximately 35 people in the audience. Mr. Farrington submitted a letter, dated May 7, 2019, to
the Board tonight which was a response to Mr. Wang’s letter.
Mr. John Farrington, attorney, Mr. James Burke and Mr. James DeCelle, engineers of DeCelle-
Burke-Sala & Associates, Peter Flinker, landscape architect, and Mark Barons, applicant were
present. Mr. Farrington explained that the delays were due to meetings with immediate neighbors.
The next door property owner was not honoring the contract for a 1.2 acre parcel that was to be
part of the project. The technical aspects have not changed and the road profile is the same.
Minutes for the Meeting of May 8, 2019 Page 3
Mr. Flinker presented the site analysis and showed the trees to be removed and replanted. There
will be 12 units facing the common open space eight units inside and four units outside of the
looped road. We are planting more than is required by the bylaw to buffer the property from
abutter views and along the street. There will be native species and birch trees at the entrance and
shrubs and trees around the houses. Access to the garages will be accessed in front from the
looped road. There is a shared central open space with a shared garden and small private gardens
with sugar maples surrounding the central area open space. The planted beds and sidewalk will be
maintained by the condo association. These homes will be smaller than the typical Lexington
houses.
Individual Board Comments and Questions:
Will there be common walls? Yes, they will be joined by the garage. Will you use a
condominium form of ownership? We were going to do a homeowner’s association, but
decided do a condominium format to address concerns of collecting fees for repairs and
maintenance.
Will there be a designated exclusive use of the open area? Yes.
What will the triangle parcel of land (Lot A) be part of? It will be part of #17.
Just for clarification Lot A will be part of the subdivision but not part of the
condominium association. Yes.
Mr. DeCelle said this is a 12 unit condominium balanced housing development. The proof was
done a year ago which was for seven lots. There is a 20 foot looped road that goes down to 18
feet. There will be three 2,700 square foot units, six 3,500 square foot units, and three units that
will be unrestricted and this project will be under the maximum gross floor area allowed. A
proposed walkway was created at the request of the Board. The drainage remains the same and
reduced the impervious surface since the driveways, patios, and walkway will have pervious
pavers.
Individual Board Comments:
Will the utilities and drainage remain the same? Yes.
Engineering expressed concerned regarding the ongoing maintenance of the footpath.
Will the Condo Association address their concerns? Yes, if it is written on the condo
documents it will be maintained. Looping the water line (providing an easement for
Engineering) and the booster pump for the neighborhood will be a significant
improvement of conditions for everyone by reducing the runoff from the site.
Page 4 Minutes for the Meeting of May 8, 2019
You have not responded in writing to Conservation and Engineering. We responded to
engineering and spoke with Mr. Pavlik to address the concern regarding maintenance of
the path. We will be filing with the Conservation Commission and have no issues with
their comments.
How are cyclists being accommodated? They will use the road.
Engineering was not sure how you can build the walls. Mr. Burke said they could or may
not even need them, but may have to field design them. This needs to be conditioned in
the special permit so you have to design them and decide if you want them and bring
back more details next time. The maximum height for the wall is not greater than 6 feet
and at least two feet off the property line.
Has the calculations been revised for how much fill will be needed? Not yet I will look
into that information.
Are the plants native to Middlesex County? I am not sure but most if not all are on the
Town’s recommended list. If any plantings are not included on the list we will need
justification for why you need to use them. We will use only what’s on the Towns list.
Do you have the number of trees existing and remaining and a caliper count for what is
being removed? We will provide that, but we will be doing a lot of landscaping on site
that are not trees.
Will the Fairland Street road be done to the town standards? Yes. That is not what the
plans says. Incorporate these new plans into revised plans for next time.
Is the current proposed plan have the undeveloped land subject to a conservation
restriction and public access granted? Have not thought through the best way to address
that yet.
Will you comply with the DEP new stormwater calculations? We will look into it and
comply.
The letter received from the Greenways Corridor Committee was read by a Board
Member. Please address their concerns at the next meeting.
Have you considered having one unit be income restricted? It would increase the cost to
do this development dramatically.
Consider increasing the number of units with some smaller units to address affordability
considerations. This would provide more density for the developer and get more diverse
buyers. Mr. Farrington said they would work with staff on this. Mr. Farrington asked that
Board Members to provide their thoughts and comments to the Planning Director.
Minutes for the Meeting of May 8, 2019 Page 5
Like the footpath, but Conservation and Engineering are not in favor of developing one.
Public comments:
There have been a lot of changes in the past 5-10 years, but the infrastructure has not
been set to accommodate those changes. The developer makes money, but does not give
anything to the Town to upgrade the infrastructure for the people that are going to live
there and those that already do.
At the next meeting discuss a dual access way for the Fairland commons and onto
Lincoln Street.
The neighborhood has three main concerns:
1. Safety crossing Lincoln Street. Traffic moves very fast on that road.
2. The water pressure is very poor for the residents on upper Fairland Street and
there is concern about implementing a new pump station and the impact it will
have on the old water main which is 70 years old.
3. Concern about the legal responsibility for maintenance of this proposed
development was expressed. Easements should not be granted to adjacent
property owners to be able to hook in and use the utilities and stormwater for this
property.
Dan Johnston, attorney representing Mr. Wang was requesting that a condition be added
to the Special Permit requiring an easement agreement between the parties to allow
access to Mr. Wang’s landlocked parcel (lot42-232B) and restrict development along the
southern portion of the project to allow for frontage of that parcel based on the
subdivision regulations. This is a special permit not a subdivision so §175 subdivision
regulations do not apply. The plan creating this lot in question was clear that it was not a
buildable lot. The Board just received Mr. Farrington’s response to address that matter
and assume there will be further communication after the letters have been reviewed.
Individual Board Member Comments:
The pedestrian access to Lincoln Street is an asset and is a good project in reducing trips
for parents driving their children to school.
The cars on Lincoln Street go too fast and pedestrians should take charge and make the
crosswalk safe.
The applicant will submit plans by June 19 for the June 26, 2019 continued public hearing.
On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted, 5-0, to continue the public
hearing to 7:30 p.m. on June 26 in the Selectmen’s Meeting Room.
186 Bedford Street, Working session PSDUP:
Page 6 Minutes for the Meeting of May 8, 2019
Mr. Grant, attorney said the Ciampa Family wants the Board’s input before revising the plans.
Individual Board comments:
All land use regulations in the MOU should be in the PSDUP.
The Planned Development cannot freeze the zoning. The zoning freeze is not
enforceable and the language should be removed. Town Counsel said it does not belong
in zoning.
Put landscape screening and transition area requirements in your zoning.
The affordable housing element and smaller units are very desirable.
Be careful and look very closely at retail uses especially since many stores remain empty
in town.
Food establishments are a concern with dumpsters with regards to the trash requirements.
Eliminate the half story and combine apartments to reduce the height of the building.
Parking in the rear near abutters is not acceptable and reduce the commercial space to
reduce the parking spaces needed.
Relocate dumpsters, lighting, adjust the diagonal cross walk it is not safe, canopy trees
should be added to the front walk. The addition needs to be reduced to so less parking
spaces are needed. Show abutter footprints.
The landscape transition area, needs to be 15 feet as required in the RS zone and there
should be no parking or play area in that section. It would be possible to consider a 10-15
foot transition area.
For uses no banks, but will accept an ATM, a small coffee shop would be a great use,
catering would be an issue for the neighborhood, signage is also a concern. Maintain the
number of units and put some on the first floor, a school of the arts would cause traffic
issues. The specific uses in the PSDUP should be listed. Invasive species should not be
used in the landscaping.
The six extra spaces have to go you showed that you have adequate spaces without them.
An ATM is not really needed.
Propose standards that would work on the site don’t just eliminate them. Institute a
landscape standard that would be an acceptable as a transition area for the abutters and
would like 15 feet, but would listen to less.
Mr. Grant said they could address the issues and make things clearer and more specific.
The problems come from the density of the project and should be reduced to take the
pressure off the parking. The site was permitted for the number of parking spaces
Minutes for the Meeting of May 8, 2019 Page 7
provided and we do not want to reduce the parking. Mr. Radner, landscape architect,
said that they can accommodate the transition area request for 10-15 feet. Mr. Grant said
that they can’t reduce this project further with the affordable component and the historic
preservation. Mr. Grant asked how you would reduce this project.
Reduce the size of the addition and the parking. Mr. Grant said it is only 6000 square feet
of retail and reduce what and by how much? Make the commercial space smaller in the
front and keep the residential in the back.
What is the Board’s position on the housing and retail space?
Mr. Canale said the proposal is too dense for the site, but if you want to keep the size how can we
minimize that detriment?
Mr. Peters said he would not want to limit some of the permitted uses just because the uses
maybe less attractive it could be a mistake to eliminate what is permitted in the table not knowing
what the future may bring. We do not know what the situation will be in 20 years. It would be ok
to eliminate the music school anything that has traffic coming and going would not be good.
Mr. Hornig said we need to decide what we want to do. We want the site to have vibrant uses to
bring people to the site, but we don’t want vibrant uses because it will bring people to the site,
you can’t have it both ways.
Mr. Creech said uses with come and go traffic could be bad for the site. The project should
remove the second floor.
Mr. Mckay said without the second dormer it would be a very unattractive building with a flat
roof. The half story has units and the parapet hides the mechanicals. The storage could be put
back in the basement accessed by the elevator.
Mr. Grant said we can make the landscaping clearer and protect abutters. We need more
direction on reducing the size and scale we are down to bare bones.
Mr. Canale said the only thing I would require would be to get rid of those six spaces and put in
the protections and “Yes, you will have a good chance of getting my vote”. We will have to rely
on the bylaws regarding uses.
*************************BOARD ADMINISTRATION****************************
Mr. Canale said the Turning Mill Neighborhood Conservation District (NCD) heard the
application of 17 Demar Road. The plans were good and approved. The applicant applied for a
building permit and was told they had to go through the NCD. It was questioned if letters went
out to the property owners to notify them that they were in the NCD? Ms. Mercier will look into
that question.
Board Reorganization:
Page 8 Minutes for the Meeting of May 8, 2019
On a motion duly made and seconded, it was voted, 5-0, to elect Mr. Canale as chair, Mr. Creech
as vice chair, and Mr. Peters as clerk.
The Board updated the list of Planning Board Representatives/Liaisons to Boards and
Committees. The list can be found in the Planning Board packet for this meeting with the
following changes:
Mr. Canale will be the attending the MPO as of July 1, 2019; Ms. Sheila Page, Assistant Planning
Director will be the alternate;
Ms. Page will the alternate for the Battle Road Scenic Byway Committee;
Mr. Hornig will be the MAGIC alternate; and
Ms. Johnson will be the liaison for the Sustainable Lexington Committee and Tree Committee.
Board Discussion on times for the agenda:
It was asked why the Board does not put down times on the agenda? Responses were that it’s
hard to predict how long an item will take. We can try. It was also mentioned that in past times
the Board Member agendas had times, but it was not for the public.
Upcoming Meetings and Anticipated Schedule:
Next meeting will include the Rangeway extension public hearing.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 10:23 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.
497 Concord Avenue:
Letter from Donald Borenstein, attorney, dated May 2, 2019 request for continuance and
extension of time (1 page).
56 Blossomcrest Road:
ANR Plan (1 page).
Title Abstract (36 pages).
MGL41A §81L (4 pages).
Mr. Farrington’s memorandum regarding the ANR submission (3 pages).
15-17 Fairland Street and 185 Lincoln Street:
Site Plan for Balanced Housing development dated March 20, 2019 (18 pages).
Engineers report for Fairland Estates from DeCelle-Burke-Sala (89 pages).
Memo from Karen Mullins, Conservation Director, dated April 29, 2019 (2 pages).
Minutes for the Meeting of May 8, 2019 Page 9
Memo from Town Engineering department, dated April 29, 2019 (3 pages).
Letter from Greenways Corridor Committee dated May 8, 2019 (1 page).
Mr. Wang’s letter dated May 1, 2019 (3 pages).
186 Bedford Street:
Recommendation Planning Board report for Town Meeting (9 pages).
Robert Peters, Clerk