HomeMy WebLinkAbout2019-06-26-PB-min
PLANNING BOARD MINUTES
MEETING OF JUNE 26, 2019
A meeting of the Lexington Planning Board, held in Selectmen’s Meeting Room, in the Town
Office Building was called to order at 7:00 p.m. by Chair Richard Canale with members Ginna
Johnson, Charles Hornig, Robert Peters, Bob Creech, Michael Leon, Associate Planning Board
Member and planning staff Carol Kowalski and Lori Kaufman were present.
**********************DEVELOPMENT ADMINISTRATION***********************
PUBLIC HEARINGS:
Bridges at 56 Watertown Street, Site Plan Review:
Mr. Canale opened the public hearing at 7:05 p.m. with approximately 11 people in the audience.
Present were Mr. Ted Tye, Managing Partner for National Development, Steve Senna, Vice
President for National Development, John Farrington, attorney, and consultant Theo Kindermans,
landscape architect, from Stantec. Mr. Tye highlighted the changes for Bridges from the last
meeting which include protecting any existing stonewalls on site, minor changes to the
stormwater design in response to the final peer reviewer’s comments, a revised tree schedule to
replace trees from sweetgum to shagbark hickory and white spruce trees, all parking lot lights will
be timed if not needed for safety and shut off in areas not needed for staff to park at night, the
contractor will remove all invasive species within the limit of work, and along the property line of
the Golden Avenue there will be a fence eight feet tall and locked for emergency access only
which will connect to the existing fence. The existing five foot tall fence will remain in place for
now, but within a period of time after the building is open the Golden Avenue residents can
request another fence.
Waterstone at 55 Watertown Street, Site Plan Review:
Mr. Canale opened the continued public hearing at 7:05 p.m. with approximately 11 people in the
audience. Present were Mr. Ted Tye, Managing Partner for National Development, Steve Senna,
Vice President for National Development, and John Farrington, attorney, and consultants Theo
Kindermans, landscape architect from Stantec.
Mr. Tye highlighted the changes for Waterstone from the last meeting which include changing to
the curbing from Cape Cod curbing to slope granite curbing up the driveway, protect or stockpile
for reuse any existing stonewalls on site, shorten the retaining walls around the transformers at
the service area, minor stormwater management changes in response to the peer reviewer’s
comments, additional protection for the oak tree at the entrance of Waterstone which will to
Page 2 Minutes for the Meeting of June 26, 2019
remain, revised the tree schedule to replace trees from sweetgum to shagbark hickory and white
spruce trees, relocation of parking spaces dedicated to the walking trail to a less invasive location,
change the most northwestern retaining wall from a modular block wall to a fieldstone wall,
there will be a slight adjustment to the generator location due to the relocated trail parking, all
invasive spaces will be removed from within the limit of work, and additional evergreen trees will
be added to better screen the generator and retaining wall.
Individual Board Comments:
It is appreciated the work that the applicant did to accommodate all the suggestions made
at the last meeting.
When the invasive species are removed is there a plan to reseed? Mr. Kindermans said
yes.
Can you leave the stones from the stone walls adjacent to where they would be removed?
Yes.
When you cross the property line to get to Golden Avenue is that public property or an
easement to another private property? Mr. Senna said Golden Avenue is a private way
and our property has frontage on that private way.
There is concern about the speed limit which is an issue and needs to be addressed and it
is important to have an appropriate speed limit there.
The Planning Board has an obligation regarding site vegetation being removed for safety
of the residents on a public way. The development team has to come up with a plan and
present it to MASSDOT regarding a proposed speed limit of 25 mph.
Would you to agree to continue the work for the best solution on safety for a reduced
nd
speed limit? Mr. Senna said they will continue to work on this and the 2 phase will be to
look at the regulatory approach to reduce the speed limit with MASSDOT. Once we are
open we hope to have data to come up with a good solution.
The clearing of the site lines will be done before getting the building permit.
When do you expect to get your building permit? Mr. Senna before the end of the year.
Separate from our process was a Board of Selectmen (BOS) Memorandum of Agreement
with a requirement to meet with the Sustainable Committee before we make a decision;
where is that at? Mr. Tye said they hired a sustainability consultant and tried to initiate
efforts in early May and the committee had to cancel our meeting last night, but have an
alternate date to meet and our consultant will bring the report with the LEED silver
standard. The report has been submitted. The Planning Board will not concern ourselves
with that and leave it to the BOS.
Minutes for the Meeting of June 26, 2019 Page 3
Can you make sure the boundary oak is not impacted by the site line clearing? Yes the
tree is on the Waterstone side.
Audience comments:
Ajay Joseph, 46 Golden Avenue thanked Mr. Senna for meeting and coming together
with residents abutting the site. Who owns the fence? Mr. Senna said the property owner
(developer) owns the fence and will take care of it. So we know who to call if there is a
problem. Yes.
Mr. Joseph spoke for Holly Sweet and asked who can we contact when noise levels are
too loud, construction goes on too long, deliveries are made at the wrong times, or if the
rules are not followed? The noise level is in the conditions and if the noise exceeds the
threshold the Town has a consultant and will make sure National Development will
remediate? Residents can call the Zoning Enforcement Officer and they will work with
the residents to resolve the issues.
Bijan Afshartous, 5 Green Lane, if the two facilities are built and finished do they need to
make a left or right turn from Route 2. It would be a right turn.
On a motion of Mr. Hornig, seconded by Mr. Creech, it was voted, 5-0, to close the public
hearings at 7:40 p.m. for Waterstone and Bridges Site Plan Reviews.
Board Members should send their changes to staff electronically for Waterstone and Bridges site
plan reviews.
On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted 5-0, to approve staff’s draft
decision for Bridges as amended by the Board tonight.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted 5-0, to approve staff’s draft
decision for Waterstone as amended by the Board tonight.
On a motion duly made and seconded, it was voted, 5-0, to have Mr. Canale meet with staff to
review final edits and sign the decisions on behalf of the Board.
Page 4 Minutes for the Meeting of June 26, 2019
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 continued public hearing at 8:20 p.m. with
approximately 35 people in the audience.
Present were John Farrington, attorney, Mr. Barons applicant, Peter Flinker, landscape architect
and Jim Decelle and Jim Burke. Mr. Farrington said they will present the final updates for 15-17
Fairland Street, which will now be called Fairland Commons. 185 Lincoln Street was added to
the project which makes the site 4.72 acres and the number of units has been increased to 16. The
house at 185 Lincoln Street will be converted to a duplex and be completely gutted, renovated
and have a brand new interior and rebuilt. This will be a Condominium Association as
recommended by the Board and the master deed and trust are on file with planning staff. It was
required that a separate capital reserve be maintained and funded to ensure funds for the repair
and maintenance of the drainage detention structure in the center of the development and that it
be inspected, maintained, and cleaned annually by a qualified company. The developer will be
required to pay for the first two years of its operation for the inspection and cleaning of the
drainage system. One unit in the 185 Lincoln Street building will be an attainable unit with two
bedrooms and one den and will be at 80-150% of the annual affordable housing income limit with
a permanent deed restriction on the unit. We have run into an issue that involves the trail and
Engineering has recommended we not build it. If we cannot get casualty insurance for the
condominium association with the trail we may need to reconsider that issue and may not build
the trail.
Mr. Flinker presented the trees that were surveyed at 185 Lincoln Street and updated the site
analysis and plan. We are still going with central common open space and the infrastructure has
been updated to include the additional units. The planting plan shows some plants are not native
to Middlesex. The trail plan has been added to the plan with the design and details of the trail
which includes a soft surface trail with stone dust, appropriate signage, and designed to go with
other trails in the system. The trail goes through the upper part of the development and will have
stairs built into the retaining wall system and bend though the open space area to reduce the grade
and will wiggle back and forth and through the easement area. Mr. Flinker gave the details for
safety and erosion control and was looking to add an attractive value hopefully using rock from
the site.
Individual Board Questions:
Engineering is against the trail and will not maintain it, but have you checked with
conservation or Across Lexington regarding volunteers for trail maintenance? Mr. Barons
Minutes for the Meeting of June 26, 2019 Page 5
said yes they met with Across Lexington and they support this trail system as designed.
This is a real benefit to the project and if you choose not to keep it the Board will look for
other benefits like an additional affordable unit.
For the moderate income housing unit how will the ownership be handled? Mr.
Farrington said they are going to speak with LEXHAB and the developer may consider
keeping it and it will be restricted forever.
Will the trail have snow removal or be left natural? Mr. Flinker said it would probably be
done like the other trails in Lexington. You are creating a Condominium Association and
the trail connects the two disconnected units to the rest of the development so we would
like to have the trail.
What is the gross floor area (GFA) of the 16 proposed units? Mr. Decelle said there is a
schedule on the first cover sheet of the plans and the units at 185 Lincoln Street will be
smaller than the 2,700 square feet.
You are using all but 20 square feet of what is allowed? Mr. Decelle said that is what we
are putting in for, what you see is what you get forever.
The units are clustered around the open space and fairly close. What are the first floor
elevations and are there basements? DeCelle said some units will have basements under
6’7” and cannot be convertible to living area and the larger units may have basements
over 6’7” which will be counted in the GFA. Mr. Canale asked them to provide the
basement heights for each of the units.
You said there might be legal issues that might preclude doing the trail. Should we
approve a plan that requires a trail and if it cannot be built then come back to the Board?
Mr. Farrington said he was not sure if the approval should include the trail as a
requirement. If we have to eliminate the trail we would come back to the Board with a
request to eliminate the trail with explanations. The Engineering Department did not
review the trail plans.
Abutters feel the trail is an important aspect to the project and there are condominium
associations that have much more challenging problems and I do not think this would be
a compelling reason to not have the trail.
Why doesn’t Engineering have a concern about the walls being two feet away from each
other? Mr. DeCelle said he spoke with Engineering and the walls are only five feet high
and can be back filled. The terrace wall is in a cut and can also be backfilled behind it.
Are there any trees or obstructions on the abutter’s property that would be affected?
Page 6 Minutes for the Meeting of June 26, 2019
There is an easement agreement for construction with Mr. Terry. Is there one for the
other abutter?
The trail if there is a one foot drop over six feet it is not very steep. That is why we are
using the stone steps.
The moderate attainable unit is at 80% to 150% of the annual affordable housing income
limit? Yes, we are hoping this would attract a Lexington older couple who sold their
home and would love to rent in Lexington, but do not have the asset income to afford
that.
Will you be asking the Town for guidance for a tenant selection process? Yes.
How do we arrive at 10,000 yards of cubic fill? Jim Burke said the roadway was more
aggressive than what was originally thought by the Engineering Department. What was
the estimated number of trucks trips? Over 800 truck trips. How long will it take for
bringing in all the fill? Approximately three months. The lower site work would be
deferred and remain relatively undisturbed on the eastern side of the lot until the top is
pretty much done. Yes.
Public Comment:
A Cambridge resident formerly a Lexington resident and member of the Greenway Corridor
Committee said Mr. Barons invited members of the committee to take a site walk last year of his
proposed trail. The committee developed a tentative plan to connect this trail to our existing trails.
This satisfies the goals of Across Lexington to connect to schools, town centers and other
facilities throughout Town. We have included this walkway in our top priority trails and have
submitted a letter May 8 to the planning staff. We would like to work the developer on how to
develop the trail further. Maintenance is always a concern and we are a volunteer committee and
possibly donations can be made to buy tools for the volunteers. Perhaps the Condominium
Association can buy tools or provide volunteers.
A resident wrote a letter to the Planning Board and Mr. Barons about changing the one
access road from only Fairland Street to two access ways in by using a temporary access
via 185 Lincoln Street. We would like to discuss the construction period phase since we
are concerned about large trucks going on this small road (Fairland Street) and suggest
the load goes up one way and comes down the temporary road on Lincoln Street. Mr.
Farrington said the construction plan can regulate the times from 10-2 and manage 12-
18 trucks daily. Where will the fill be coming from and we need more details on the
construction plan? Mr. Barons said he is looking into a local place for fill. We would like
more details for the construction plan.
Minutes for the Meeting of June 26, 2019 Page 7
How will you handle the parking concerns for the conversion of 185 Lincoln Street to
two units to accommodate guests? Mr. Decelle said the parking garage for 185 Lincoln
will have 4 spaces for parking. The building at 185 footprint will stay the same.
How will you provide safe crossing from one side of the street to other. You could
request the Town put in a flasher through the Transportation Safety Group.
Regarding traffic when kids go to school there should be no trucks. When considering
construction trucks include those that remove trees. We are concerned about the pipes
that are 80 years old and want to make sure when they increase pressure for the pump
station they check the condition of the pipes since you are connecting the new pipes to
the old ones.
It is being requested that the Town does a traffic study on Lincoln Street.
Regarding the feasibility of the water system; who is in charge and provides the
information to get the report. The applicant submits the report to Engineering and the
Assistant Town Engineer. The Engineering Department will review and provide
comments and you can contact Planning Staff, Sheila Page for that information.
What is the current road grade standard of Fairland Street on the town system of rating
streets considering all the trucks that will be traveling on it during construction? It is a
private way and the applicant will restore the road.
Mr. Cheng, attorney, on behalf of Mr. Wang property owner of Lot #42-232B as a direct
abutter and owner of a landlocked parcel requests that the Board condition the approval
of the special permit and require that Mr. Barons enter into an easement agreement with
Mr. Wang that would allow Mr. Wang to access to his lot. Board Members disagreed
with the assertion based on the facts.
Ms. Kowalski said the Board can ask staff to prepare a decision for the Board’s review. Mr.
Farrington said there is no more information and this our final submission.
On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to close the public hearing
at 9:43 p.m.
Individual Board conditions regarding for the draft decision:
The Condominium Association is preferable.
For the stormwater management system we want to make sure it is effective for the long
term and assurance if there is any failures they would need to be corrected.
Public access rights to the site for Fairland Street to gain access to Lincoln Street should
be included.
Page 8 Minutes for the Meeting of June 26, 2019
Who is responsible for the general maintenance of the walkway to Lincoln Street and it
needs to be addressed in the master deed and trust documents.
The common area walkways needs to be maintained and reflected in the master deed and
it trust documents.
Public easements must be reflected in the master deed.
The condominium master deed and trust documents should be very explicit on
maintenance required by the Condominium Association.
The prevailing density of the project looks like it matches the density for the existing
neighborhood.
We need details on how the decision addresses the issue of the attainable housing.
Guidance on the tenant selection and process and kind of documentation that would be
needed has to be provided.
There needs to be a condition that includes the gross floor area for each unit regarding
basements.
Make sure to address in the construction management piece truck timing, routing, and
phasing.
Would the attainable unit be on the housing subsidized list? No.
Mr. Farrington would like see the document once the staff drafts the decision.
The Board will discuss this on July 10th or 24th and will be sure of a date by Friday.
Rangeway Extension (Map 87 lot 37), Definitive Subdivision:
Mr. Canale, opened the public hearing 9:54 p.m. with approximately 0 people in the audience.
The applicant has requested a continuance to July 24, 2019, subject to the Board’s approval. Mr.
Peters will be recused from this project.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 4-0, to continue the public
hearing to July 24, 2019 at 7:00 p.m. in the Selectmen’s Meeting Room.
497 Concord Avenue, definitive subdivision
Mr. Canale, opened the continued public hearing at 9:57 p.m. with approximately 0 people in the
audience. The applicant has requested a withdrawal without prejudice, subject to the Board’s
approval.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to accept the applicant’s
withdrawal without prejudice.
Minutes for the Meeting of June 26, 2019 Page 9
*************************BOARD ADMINISTRATION****************************
Board Member Updates:
Mr. Canale will meet with the Board of Selectmen (BOS) for goal setting. What do the Board
Members want him to submit?
We need additional funding for the combined effort to update the TMO-1 District and to
keep our application alive before the MPO. It is important we get the funding when we
need it.
The Hartwell Avenue initiative which has been on for ten years.
Perhaps we should hold off on the Hartwell Avenue initiative since it has been on the list
that long and trim the list with the staff situation and focus on another area.
The Comprehensive Plan should be continued to get it finished.
Board Members should send thoughts and comments to staff. Put the work plan on the July 10
agenda.
We asked to meet with the BOS in June and we need to hold off on to the Hartwell Avenue
initiative till we hear from them.
The Housing Partnership met last night the property owner of 952 Waltham Street presented a
concept for a potential friendly 40B on the property and it was decided more information is
needed. The committee will send a letter to the Governor supporting more housing choices.
The Center Committee discussed the increased number of power outages that have been
happening lately in the center.
Bank of America wants to replace the ramp and garage with 14 surface parking spaces.
Mr. Peters and Mr. Creech are meeting with Jerry Michelson and Howard Levin regarding the
handling of ATMs in the bylaws.
Ms. Kowalski will be preparing an agreement for a part time planner to attend the meetings.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 10:12 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.
Waterstone at 55 Watertown Street:
Response letter dated June 19, 2019 from National Development (6 pages).
Page 10 Minutes for the Meeting of June 26, 2019
Attachment A Revised plan set dated June 19, 2019 (17 pages).
Attachment B changes memo from Stantec (2 pages).
Attachment C Baseline Sound information dated June 18, 2019 (16 pages).
Attachment D Stormwater peer review dated June 14, 2019 (1 page).
Bridges at 56 Watertown Street:
Response to comments dated June 12, 2019 from National Development (7 pages).
Attachment A Revised plan set dated June 19, 2019 (16 pages).
Attachment B changes memo from Stantec (1 page).
Attachment C Baseline Sound information dated June 18, 2019 (19 pages).
15-17 Fairland Avenue:
Revised Plan set dated June 12, 2019 (19 pages).
Fire Truck Turn Diagram (2 pages).
Revised Engineering Report dated June 18, 2019 Includes Operation and Maintenance
plan (88 pages).
Response to comments dated June 12, 2019 (6 pages).
Rangeway extension:
Request to continue the public hearing to July 24, 2019 (1 page).
497 Concord Avenue:
Request to withdraw the application subject to the Board’s approval (1 page).
Robert Peters, Clerk