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HomeMy WebLinkAbout2019-07-10-PB-min PLANNING BOARD MINUTES MEETING OF JULY 10, 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 and planning staff Carol Kowalski and Lori Kaufman present. **********************DEVELOPMENT ADMINISTRATION*********************** PUBLIC HEARINGS: 7 Hartwell Avenue, proposed change to zoning district designation: Chair Mr. Canale opened the continued public hearing at 7:02 p.m. with approximately 10 people in the audience. Present were Kristine Hung, attorney from Reimer and Braunstein and Frank DiPietro traffic consultant from the BSC Group. Ms. Hung asked which uses listed by right would the Board have issue with? Individual Board Member Comments: • This is only temporary zoning since all of the Hartwell Avenue area is going to be rezoned. This is to make sure the Board Members do not have any objections but also make sure you would not be made non-conforming. • You should be guided by the uses permitted for the CM District and do not believe any uses are not good. • The following uses would not be good for this site: real estate sales or rental offices, hardware, wallpaper, and paint stores, building materials, lawn and garden supplies and equipment shops, and stores for rentals conducted in part outdoors with 24 hour displays. • The primary intent is school instruction with compatible uses. The applicant should decide what should be in or out. In the CM District manufacturing would not be acceptable, but am comfortable with uses allowed with the CSX District. Ms. Hung said they do not want outdoor storage of unregistered vehicles, kennels for boarding of pets, or a funeral parlor. • Just make sure that the dimensional controls of the CSX District are acceptable and there are no variances or special permits that would be required. Ms. Hung said the only problem would be the roof line is higher then what is permitted. Would there be phone towers or anything higher placed on the roof? Ms. Hung said no, but we will see what part of the roof exceeds the 25 foot height limit. Page 2 Minutes for the Meeting of July 10, 2019 Mr. DiPietro gave the background for the proposed project located at 7 Hartwell Avenue. Traffic counts were done from Thursday May 9 to 11, for 72 hours, May 30 to June 1, and turning movement counts from the driveway on June 9. When we did the trips most parents did not hang around and most of the traffic was over the weekend. It was determined that there were four trips per child and no weekday morning trips. Mr. DiPietro presented information on the Route Assumptions, North and South Driveway Automatic Traffic Recorder Data, Estimated Daily Trips, Trips Compared to Hartwell Avenue Total Traffic, and Street Turning Movement Counts. It was determined that there was no major difference in traffic for what currently exists. Ms. Kowalski said there was concern with restricting uses outside of zoning and explained it is an unorthodox approach the simple approach would be to amend the CD-1 and add uses you would need for the immediate future. It is understood that the applicant wants more flexibility, but this approach is not ideal. Ms. Hung responded that they were looking for more flexible uses especially for down the road so they would not have to come back again to expand the uses. The Board would like to explore the different options as to what would be the best approach to make this a success. Ms. Hung said this could all be subsumed with the Hartwell Avenue initiative for consistent zoning. Mr. Canale asked is this the best way to do this rezoning? Individual Board Member Comments: • Move the site into the CM District making any adjustments as needed or just making it non-conforming. Development restrictions are not preferable, or pick the CSX District without restrictions. Ms. Hung said the applicant does not like the CM District uses because they would not be complimentary to the area. • Would like to explore more about modifying the CD-1. • Fewer restrictions would probably be better and feel comfortable with the CSX District without restrictions. • Leaning towards the CSX District but still have safety concerns. There should be a striped turning lane added to allow for a left on to Hartwell Avenue. The applicant should speak with the Town to see if it is feasible. • What is the time frame to move in?Ms. Hung was not sure since they are on a short term lease so she would have to check with the client get back to the Board with that information On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to close the public hearing at 7:41 p.m. Minutes for the Meeting of July 10, 2019 Page 3 On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to recommend approval to Town Meeting to change the zoning from the CD-1 to the CSX District without restrictions for 7 Hartwell Avenue. 15-17 Fairland Avenue & 185 Lincoln Street, review conditions for decision: Ms. Johnson recused herself from this matter and Mr. Leon, Associate Planning Board Member sat in her place. The Board discussed the proposed draft decision and the list of proposed additional information submitted by Board Members. Staff is still working on final wording for covenants and other documents for the Condominium Association. Individual Board Member Comments: • There was some conceptual issues regarding inconsistencies on the clarity of the two easements and timing of documents being recorded. The essential public benefits should be secured by surety until it is finished so that new owners do not get caught paying for the unfinished work. • All recordable documents should be recorded before the Master Deed and Condominium Trust is recorded. • Have an Operation and Maintenance Plan of the stormwater systems included in the documents. Require an engineering report after five years on the system. • The proposed wildlife crossing strip should be described better and specify this is to remain in a natural state (or consider a different phrase) in perpetuity. • Habitable basements were discussed. There was a poll taken by Board Members 4-1 to not allow basements to be habitable, however even though there was concern basements could be habitable if calculated in the gross floor area(GFA). • The construction of the footpath needs to be finished before the issuance of the certificate of occupancy for the last two units. • Factual issues should be cleaned up regarding truck traffic to include regular construction traffic and the 800 plus loads of fill. • The findings for Lot 42-232B should be included. On a motion of Mr. Hornig, seconded by Mr. Leon, it was voted, 5-0, to approve the special permit for 15-17 Fairland Street with the amendments and conditions as noted in various documents and modified as discussed tonight with additional editorial changes as needed and Mr. Canale will review the decision with staff and sign on behalf of the Board. Page 4 Minutes for the Meeting of July 10, 2019 PUBLIC HEARING 186 Bedford Street, PD-4 District, Public Hearing: Chair Mr. Canale, opened the public hearing at 8:30 p.m. with approximately 15 people in the audience. Present were Ed Grant, attorney, Philip Ciampa, Joe Ciampa, and Tony Ciampa applicants, Doug Hartnett, project engineer from Highpoint Engineering, Mike Radner, landscape architect from Radner Design Associates, Daniel Dumais, senior project manager from MDM Transportation Consultants, and Mike Mckay, project architect from McKay Architects. Mr. Grant gave a history of this project for the last two years and listed the changes that were done in response to Board Member concerns. Mr. Tony Ciampa said he met with the Precinct Eight Town Meeting Members at a round table discussion. There were some things they agreed on and some they did not but he explained to them the reason for the size and keeping the retail aspect of this project and they did seem to understand and said it was an honor to speak with them. Mr. Hartnett went through the major site context plan changes that included the neighborhood and the surrounding parcels. The changes include the elimination of the six reserve parking spaces,but have the right to add them through site plan review if deemed needed in the future, the relocation of the dumpster site away from the residential area, the transformers relocated away from the residential district and they are waiting for the utility approval, new storage and bicycle storage for residential and commercial tenants, bicycle racks for employees, and formally documenting landscape setbacks. Mr. Radner said they moved the dumpsters, did a reconfiguration of the crosswalks, relocated the light pole away from the residential area, added three canopy trees, will use native plantings on the site to eastern Massachusetts if not it will be subject to review for native plants to New England, the landscape transition setbacks were added, a tree inventory was done subject to the Tree Bylaw with more trees added from the original number proposed for additional screening. Mr. McKay said they are not proposing any new changes to the building except the basement plan which has not been added yet, but there will be a full basement accessed by an elevator. There will be no changes in the unit designs. Doug Hartnett showed the context of where the building is in relation to abutter's homes and other commercial properties. He showed the proof plan if done by right, which would allow three 7,000-8,000 square foot houses and restated the project's attributes and benefits. Minutes for the Meeting of July 10, 2019 Page 5 Individual Board Comments: • This is a good faith effort that has been made here. What net zero energy policy are you are pursuing for this project?Mr. Hartnett said for this site the sustainable design we are looking at two methods LEED design with reference to silver rating, but not getting a formal LEED certification, but going for the points, and they will improve the energy efficiency of the older historic building, replacing doors and windows and reskinning the building, they will use electric source heating pumps, looking at solar panels on the roof, the roof line will provide screening and hide mechanicals, will limit the use of natural gas to kitchen ranges and any food services establishment,promote two charging stations for electric cars, provide short term and long term bike parking, provide 100% infiltration for up to a 100 year event ( right now the runoff goes into the street). Continue looking into more items for solar and geothermal energy. • Will there be any blasting?None that we know of. • The affordable units will be marketed, rented, and included on the affordable subsidizing housing inventory(SHI)? Yes. • The capacity of the dumpster is there enough clearance for it to be picked up in that location? Mr. Tony Ciampa said he spoke with company regarding the roll out dumpster; swapping out dumpsters, multiple pick-ups after 8:00 a.m. in the week, recycling dumpsters, and having locks and keys. • Will the handicapped parking for residents be separate from the commercial parking?No, it will be all together. • Is the elevator wide enough for the bicycles? Yes. • Are there 49 parking spaces? Yes • Historic preservation and short term rentals need to go into the text which belongs in the PSDUP not the MOU. • Specify the number of parking spaces and bicycle spaces and include in the text how many bicycle spaces there will be. Mr. Hartnett said he will get a tally and provide that information to the Board The maximum number of 49 spaces should be in the text. • Word differently the request for additional parking through a special permit. Page 6 Minutes for the Meeting of July 10, 2019 Audience comments: • I heard the changes, but as a neighbor the largest concern has not been addressed which is the degree of intensity of uses for this site, there is no projected number of school children in this plan, there is inconsistency in comparing the proposed intensity as opposed to the previous 60 years, which has been an underutilized site. Hope you will consider the broader perspective then the one being brought to you tonight. • This does not warrant doing a no holds barred for the intensity of this site. They did make some changes, but this is just too big. It's not the Board's responsibility if the applicant spent too much for the property. They can do a smaller footprint for this site. • The floor area ratio (FAR) calculations are only for the commercial property and not for the residential piece. Would like to have someone double check the numbers. • We should not overpopulate these small lots. • The mitigation of noise and light is important and am pleased with the electric charging stations. It's very difficult to obtain affordable housing and this is valuable to the Town. • Thank you for moving the dumpster away from my house. If the applicant could make the transition area 15 feet away that would be a great benefit to my family because I will be surrounded by three different zones. I am also concerned about snow storage in that transition area, in the past the snow has push my fence in. For privacy would it be possible to get an eight foot fence instead of six feet to make a better relationship with abutters. • Based on the School Enrollment Working Group calculations for 2019 the number of school children for this development will be two. This mixed use development is a wonderful project and am encouraged with the affordable housing for the SHI. Individual Board Comments: • I apologize to the abutters for the adverse impacts that will happen, but believe the Chiampa family will be good neighbors. • The transformer should be relocated closer to the rear of the barn. • A better swale is needed for the runoff into the basement. • The setbacks here are significantly smaller than the residential setbacks and the standards loosened so please mitigate where you can. • In the PSDUP add a restriction that only 25% office space be allowed and remove banks and credit unions. Have a conversation with Precinct Eight Town Meeting Members to see if they want banks. Minutes for the Meeting of July 10, 2019 Page 7 • You have a restaurant use included and am not in favor of it. • The parcel should be described with the actual lot size and frontage to reflect what is really there. • Electric should be located underground. Mr. Hartnett said there is a riser on a pole and it would depend on the utility company. Mr. Hartnett said he will get back to the Board, but the location of the transformer should be addressed at site plan review. • Regarding the landscape plan work carefully with abutters so you do not damage the existing trees. • Creating affordable housing is expensive and the affordable component benefit is tremendous and the other units are needed as well. • Look carefully at retails uses when considering parking and be cautions on what is to be ruled out. • There are a lot of good uses in this project and do not believe there will be a lot of negative impacts. • Make sure to list that the references are to zoning as of 2019 in case they change. • Write a landscape plan that is useable. • Be as flexible as possible with the list of uses. • This is a good project it almost serves as a model for a number of places in Town, but believe this is too much on this small site. There are good benefits and the Board can address issues and add conditions at site plan review. • Regarding the noise bylaw, we want to be sure that the five DB increase will hold on this site since it is right next to a residential area. The five Board Members are willing and ready to vote to recommend approval of this warrant article to Town Meeting. • Offices and banks do not create a vibrant site and we want this to be a vibrant place. • Is what you are proposing tonight going to be your final proposal? Mr. Grant said yes and would like the consensus on uses by the Board Members. Page 8 Minutes for the Meeting of July 10, 2019 Planning Board Consensus on Uses. • Bank use is a waste but have an ATM for convenience Ms. Johnson was in favor of no banks, Mr. Creech was not against a small bank, Mr. Canale, Mr. Hornig, and Mr. Peters were fine with keeping banks. • There will only be 25% of the 6,400 square feet that can be used for business or professional offices. On a motion of Ms. Johnson, seconded by Mr.Peters,it was voted, 4-0-1, (Mr. Hornig abstained), to continue the public hearing to August 14 at 7:00 p.m. in the Selectmen's Meeting Room, 1 Bennington Road,Approval Not Required (ANR): On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to endorse the ANR plan showing the property at I Bennington Road as it does not require approval under the Subdivision Control Law. Reconfirm vote to extend time for review of Rangeway Extension definitive Subdivision application: The applicant has requested to extend the action deadline to August 2, 2019. Mr.Peters is recused from this project. On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 4-0, to extend the action deadline to August 2, 2019. *************************BOARD ADMINISTRATION**************************** Report July 8 meeting Planning Board and Board of Selectmen (BOS) Chairs/Vice Chairs and Staff: The Chairs and Vice Chairs of the Planning Board and BOS met with Ms. Kowalski, Assistant Town Manager for Development and Mr. Malloy, Town Manager for the second time on July 8. They discussed what would be the next step and there was not consensus on issues like elected vs. appointed Planning Board Members. The BOS will meet with the Planning Board next Monday, July 15 at 7:00 p.m. in Estabrook Hall and have a facilitator present. Minutes: On a motion of, Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to approve the minutes of June 12, 2019, as amended. On a motion, duly made and seconded, it was voted to adjourn the meeting at 10:58 p.m. Minutes for the Meeting of July 10, 2019 Page 9 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. 7 Hartwell Avenue: • Developers draft Development agreement with changes (11 pages). • Draft development Agreement clean(7 pages). • Traffic Analysis dated June 28, 2019 (9 pages). 1 Bennington Road: • ANR Plan(1 page). • ANR Application(5 pages). 186 Bedford Street: • Planning Board Article 38 ATM Report for 186 Bedford Street(9 pages). • Form B signed 6-6-19 (5 pages). • Petition for change of zoning district-signed(3 pages). • PSDUP-zoning text(12 Pages). • PSDUP-non-regulatory plans (3 pages). • PSDUP -proof plan(3 pages). • PSDUP-counsel of support(9 pages). • PSDUP-Environmental impact infrastructure assessment(41 pages). • PSDUP- Traffic Study(72 pages). • PSDUP- Fiscal Impact Analysis (11 pages). • Changes to the PSDUP (3 pages). • PSDUP- Regulatory plans part 1 (3 pages). • PSDUP- Regulatory plans part 2 (3 pages). • PSDUP- Regulatory plans part 3 (4 pages). Robert Peters, Clerk