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PLANNING BOARD MINUTES
MEETING OF AUGUST 14, 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, and planning staff interim planner Eve
Tapper and Lori Kaufman present.
**********************DEVELOPMENT ADMINISTRATION***********************
PUBLIC HEARINGS
Rangeway Extension (Map 87 lot 37), Public Hearing Definitive Subdivision:
Mr. Peters is recused from this project. Mr. Canale opened the continued public hearing at 7:02
p.m. with 0 people in the audience. The applicant has requested a continuance to September 11,
2019, subject to the Board’s approval.
Concern was raised with the number of continuances requested and is there good reason to
believe this will be the last one. Mr. Grant said at the last meeting the Conservation Commission
did not have a quorum and their public hearing was pushed to August 19 and he expects the
Conservation Commission to finish that night.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 4-0, to continue the public
hearing to September 11, 2019 at 7:00 p.m. in the Selectmen’s Meeting Room.
186 Bedford Street, PD-4 District, Public Hearing:
Mr. Canale, opened the continued public hearing at 7:06 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, and Robert Michaud, senior project manager from
MDM Transportation Consultants.
Mr. Grant explained the changes that were made to the revised PSDUP, revised plans, and the
approved and executed MOU that were submitted to the Board. Mr. Hartnett presented the
revised plans which included the basement floor plan, landscape plan, re-location of the
transformer (upon approval from Eversource), adjustments to the grading plan, and the revised
FAR computation. He explained that the applicant is retaining an arborist to evaluate and
maintain the health of the trees during excavation. The applicant’s team looked at ground source
heat pumps as requested and it would not be possible for a number of reasons which include the
Page 2 Minutes for the Meeting of August 14, 2019
site and financial constraints. The project does meet some extra sustainable design goals and
commitments that the town has enacted which include: outside generators for emergency power
for the residents in case of a storm or other emergencies; air source heat pumps for the
mechanical systems; providing natural gas for the commercial tenants and possible gas stoves for
residents; and try to reduce greenhouse gases. Stormwater management is now going to be on site
to deal with the 100-year storm event.
Board Member Comments:
Thank you for relocating transformer will it require regrading and the loss of tree
canopy? There will be no loss of tree canopy, but there may be minor grading changes.
Please minimize regrading to preserve the existing trees.
Make every effort to use clean energy to meet the Town’s Net Zero goals. Minimize gas
stoves for residential units by installing electric stoves and limit fossil fuel consumption.
Thank you for moving the dumpster but do not see that in the PSDUP, and there should
be no utilities in the transition zone. Can the electric charging stations be moved outside
the landscape transition zone to allow for as much rooting area as possible and
minimizing activity in that area? Yes, we can look into that.
You are leaving the existing fence to the south for the abutter; was it at the request of the
abutter? The concern that car headlights would shine through the old stockade fence and
glare into someone’s house, the applicant and you should work with the abutter to replace
the fence.
Why didn’t the MOU have the 5 DB ambient noise limit requirement? 10 DB is a pretty
high noise level. The 5 DB ambient noise limit could just be added to the PSDUP and
leave the MOU as it is and would be a good sign to have minimal noise intrusion.
To address unclear PSDUP language business or professional office uses will be allowed
but limited to 25% of the commercial space of the new addition.
Public comments:
Why in the new PSDUP is a child care center still allowed? It is allowed through state
law.
There were questions regarding the proposed new location of the transformer and concern
about safety since the proposed new location is closer where my children play?
Eversource will be making the decision based on certain guidelines on where the
electricity will be transported from. The electric conduit will be safe and underground.
Minutes for the Meeting of August 14, 2019 Page 3
Planning Board Comments:
What will you choose to do about the 5 DB limit? Mr. Grant said the noise bylaw is
going to be followed as stated in the MOU and has been used and established in previous
years through protocol. That should be established at site plan review and right now it is
premature since Town Meeting has to first approve the project. The Board may need to
consider bringing to Town Meeting an amendment for the noise limit to be put in the
PSDUP.
On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to close the public hearing
at 7:55 p.m.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to recommend approval
of this zoning change to Town Meeting.
12 Myrna Road, Street Adequacy Determination:
Michael Capachietti of Meridian Associates was present.
On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to determine that the roads
Myrna Road and Carl Street in the area of 12 Myrna Road are currently not of adequate grade and
construction, but will be once the recommended improvements are made.
Audience comments:
The abutter lives in front of a storm drain that is not properly graded and does not work
and would appreciate any improvements that are being made.
What has changed so the whole street is not being upgraded as in the past?
99 East Street and 197 Grant Street, Approval not Required:
Staff asked the applicant to provide proof that 99 East Street has a legally non-conforming status
to the RO zone for the frontage requirement of 150 feet. A Board Member believes this should go
through as a subdivision and not an ANR since it is a non-conforming lot with not enough
frontage. Staff has not received the documentation yet since the lot was so old the applicant
would have to go to the registry.
The Board decided not to take any action and allow this to go ahead by constructive approval.
1 Bennington Road, Approval not Required:
On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to endorse the revised
ANR plan showing the property at 1 Bennington Road as it does not require approval under the
Subdivision Control Law.
Page 4 Minutes for the Meeting of August 14, 2019
*************************BOARD ADMINISTRATION****************************
Review Outline for Board Training:
The Board discussed the outline for the Planning Board training. There was concern expressed
that this training does not address the root cause of why we need this training and to help the
Board to address the issues with the Selectmen, staff relations, and relations with Town Meeting.
This would be a first step in the right direction. This looks like it might be helpful and there
should be follow up after this training. Concern was expressed if there would be anything
discussed that should be in a public meeting and if so this should be an open meeting. This
training is an exception to the Open Meeting Law and does not need to be posted as a meeting.
The Chair suggested that the Board follow staff’s recommendations on this matter.
Goals and Work Plan:
Staff provided a FY 2020 Planning Board Implementation Items List for the Board to discuss
what should be included on the work plan.
The Comprehensive Plan is still in the process of gathering information and reaching out to
stakeholders and it is not clear how much more time is needed to start drafting the report.
Potential Planning Board Special Town Meeting items:
The Board discussed some potential zoning items which included a change to the criteria for by-
right definitive subdivision by amending rules for proof plans regarding odd shaped lots. Ms.
Page, Assistant Planning Director is looking into what other communities are doing. Staff is
looking at Limited Site Plan Review which currently does not have a trigger for parking. This
proposed amendment is being considered for a bylaw change and staff is working on the draft
amendment for the next meeting. Planned Development Districts need revisions to either the
bylaws and/or regulations. Both 186 Bedford Street and 7 Hartwell Avenue zoning amendment
reports are being worked on by staff.
Potential Annual Town Meeting items:
The Board discussed the following potential items for the Annual Town Meeting:
Revisions to Planned Development Districts;
Wireless services zoning;
East Lexington revitalization;
Solar power bylaw maybe let other towns figure that out first;
Short term rental limitations and coordinate with the Board of Selectmen;
Modernize of the Use Table;
Special permits for retaining walls over four feet;
Setbacks for sheds;
Minutes for the Meeting of August 14, 2019 Page 5
Zoning clarifications;
Affordable Housing;
Two Family Homes Multi-Family/Mixed use;
Transportation -Update the TMO1 District Plan;
Need Clarity on whether zoning should be in the PSDUP or MOU or both; and
Hartwell Avenue Zoning.
Consider having the Planning Board form a working group to modernize the use table and look at
commercial districts
Board Member and Staff Updates:
Mr. Creech and Mr. Peters met with Jerry Michelson and Howard Levin from the Center
Committee regarding having the CD1-Lexington Place adopt the uses of the CB District. The
question is how to get that done and will require more research and the Center Committee wants
the Planning Board to do propose that amendment to Town Meeting. The Board requests that the
Center Committee be more explicit about what they are looking for to see if staff can handle
those potential changes to the CB District. There is a long list of things the Board wants to do and
needs to decide if this is a good use of staff’s time. Put this as an agenda item for the September
11 meeting for discussion.
The EDAC met with outsiders to discuss opportunities for economic development in Lexington
and what are the needs of the Town.
The Special Permit Residential Development Committee wants input at their next meeting from
the individual Planning Board Members.
There will be a second round of interviews for the Planning Director position the first week of
September.
Schedule:
There will be a Planning Board Training August 28 which is an exception to the Open Meeting
Law and does not need to be posted as a meeting.
September 11 the Board will discuss priorities for the work plan. Staff will send it in a word
document a copy of the goals for FY 2020 and the Board Members will highlight what they want.
Mr. Michelson will do a presentation on CD1-Lexington Place and the CB District for potential
zoning changes.
Minutes:
On a motion of Mr. Canale, seconded by Ms. Johnson, it was voted, 4-0-1, (Mr. Hornig
abstained), to approve the minutes of July 10, 2019, as submitted.
Page 6 Minutes for the Meeting of August 14, 2019
On a motion, duly made and seconded, it was voted to adjourn the meeting at 10:07 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.
186 Bedford Street:
Engineer submission email (2 pages).
Revised plans (4 pages).
Signed MOU dated August 2019 (8 pages).
Revised PSDUP Zoning text dated August 8, 2019 (12 pages).
1 Bennington Road:
ANR Plan (1 page).
Letter of changes dated August 12, 2019 (1 page).
12 Myrna Road:
Street determination plan dated July 18, 2019 (1 page).
Meridian memorandum to the Planning Board dated August 8, 2019 (1 page).
Waiver request form (1 page).
Project cover letter from Meridian dated July 18, 2019 (1 page).
Street adequacy Determination Plan (1 page).
Staff memorandum - recommended street improvements (1 page).
Staff Memorandum –right of way Improvements (1 page).
Application (5 pages).
99 East Street:
99 East Street ANR (1 page).
Robert Peters, Clerk