HomeMy WebLinkAbout2019-09-25-PB-min
PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 25, 2019
A meeting of the Lexington Planning Board, held in Selectmen’s Meeting Room, in the Town
Office Building was called to order at 7:01 p.m. by Chair Richard Canale with members Ginna
Johnson, Charles Hornig, Robert Peters, Bob Creech, and planning staff Eve Tapper and Lori
Kaufman present.
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Hartwell Avenue Initiative update by Ted Brovitz Consultant:
Mr. Ted Brovitz, consultant made a presentation on the Hartwell Avenue District Zoning
Initiative. This is the second step of a public outreach to show the opportunities and constraints
for that area. The presentation can be found in the Planning Board packet on the website.
According to Mr. Brovitz the Hartwell Avenue area:
Lacks amenities to attract businesses and young professionals;
Has limited public and alternative transportation options; and
Is governed by zoning and other regulations that restrict the ability of existing businesses
to expand.
As part of the discussion a Board Member suggested that traffic issues on Hartwell Avenue must
be done in tandem with the zoning initiative.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, that the chair should
write a formal letter to the Board of Selectmen (BOS) in support of the inclusion of this warrant
article to get money for the 25% state design and development of Hartwell Avenue as quickly as
possible so if it is a shovel-ready project it could move up on the TIP.
Board Feedback on the presentation:
Diagonal parking is not a good design;
Showing the shared use path is critical;
The Hartwell frontage design should consider addressing the back door design;
With increased impervious surface how will stormwater runoff management and high
ground water be handled? We need calculations.
Page 2 Minutes for the Meeting of September 25, 2019
Where does zoning fall in the weighting of the variety of challenges? Mr. Brovitz said
while it is not all zoning a good chunk of it is and there needs to be flexibility, amenities,
and bumping up of the density.
Has the Town reached out to the Town of Bedford? Acting in a transparent and
collaborative way together with Bedford and our residents is important.
Convenience retail being added is a good idea;
Address some mixed use and the future of transit and traffic.
People will need to embrace traffic on the streets and we will have to include extremely
strong residential housing and beefed up multimodal transit to qualify for the state
monies.
**********************DEVELOPMENT ADMINISTRATION***********************
PUBLIC HEARINGS
Rangeway Extension (Map 87 lot 37), Definitive Subdivision:
Mr. Canale opened the continued public hearing at 7:54 p.m. Mr. Peters is recused from this
project. Present were Mr. Grant, attorney Fred Russell, engineer, Suzanne Raymond, applicant
(perspective purchaser), Doris Duff owner of the property. Mr. Grant provided a detailed history
of the property, which is included in the application. This is for a road improvement plan to
provide frontage for this lot on a private way.
Mr. Russell presented the changes to the plan which included the road with an inconsistent width
of 14 to 16 feet to be extended 150 feet to create frontage for this lot with a T- turnaround instead
of a cul-de-sac. The path will be relocated to allow pedestrian access to the Town of Lexington
conservation land and will enhance the landscape buffer zone along the street and between the
most affected abutter at #27. The applicant’s proposal is to install three underground infiltration
systems, utilities, and flatten out the slope from 14% to 10% without impacting any abutters. The
increase of the easement for the turnaround is to include snow storage.
Individual Board Comments:
There was concern with the waiver for the wall height and specifics of the retaining wall
since it will need repairs? Mr. Russell said the retaining wall is four feet higher than the
street to provide protection and provide as a guardrail and the construction will be
concrete block. The abutters on Drummer Boy will see a 10 foot high 30 foot long
concrete wall in an area that used to be woodland. What will be done to mitigate in
plantings to screen this wall? The condo owners will not see it. Did you reach out to
Minutes for the Meeting of September 25, 2019 Page 3
abutters? Mr. Russell said some of the abutters showed up at the meetings. Do screening
to cover the mass of the wall.
Based on the house size you will be working with Conservation to determine the size of
the infiltration systems Can you give us any information on the house size, footprint or
roof size? Mr. Russell said he has no clue.
Who will be maintaining the infiltration basins? The owner of the lot will be responsible.
There will be an operation and maintenance plan that will be approved by the Town
Engineer.
The 2013 approval was grueling work and hope the Board will use that as the basis for
the decision and only look at the changes that have been made since that time and not
revisit all aspects of this plan.
Why did you put a jog in the road around station 230? Mr. Russell said the house at 25
had their driveway modified and so we will widen the road on the opposite side of the
street based on discussion with the Conservation Commission.
Will there be a jog in the water line also? No. If you do you will lose a lot of trees and
then need to show the trees lost. Mr. Russell said he will look into that.
You need to update the drafts for all the easements, restrictions, and covenants to match
the current language of our regulations in § 6.3.
Show some restraint on the height of the building 40 feet is a huge house.
Provide updated measurements for the trees being removed. Mr. Russell will have the
updated size of the trees being removed provided.
What will be the net increase of fill being brought on to the site and how many truck
loads is that? Mr. Russell said 370 yards is roughly 15 to 20 tractor trailer truckloads
that will be brought in and nothing will be brought out.
We need a construction plan for access of the trucks for some of the streets.
Audience Comments:
Ms. Duff presented the history of her property and said she has been a good neighbor and
paid taxes for 90 years on a vacant piece of land requiring no services so this is not just a
matter of rules, regulations and procedures it is a matter of morals and fairness and
thanked the Board for listening.
A Lawyer representing the residents at 25 Rangeway said they have some concerns. The
T-turn around should always be free of parked cars. There needs to be a long term
covenant for the owner to maintain the infrastructures in perpetuity. The neighbors had
Page 4 Minutes for the Meeting of September 25, 2019
driveway improvements which raised the driveway and they should have a smooth
connection upon completion of the road. This is not a conventional subdivision but if the
road is half done there should be a bond or some surety to make sure the road is not left
half completed. He submitted a letter for Mr. Schick.
The resident of 22 Rangeway has a disabled child and moved here for the solitude. The
prospect of a lot of trucks coming and going making a lot of noise, a wall with a nine foot
drop to the other side, and the maintenance of the road is a concern. Not sure this is the
right forum to enlarge and widen the road. I question if this will be legally enforceable.
Mr. Canale said this is the right forum mandated by the state. If you do not like the
decision you have a forum to appeal the decision.
A neighbor was speaking for Mr. Schick to consider the house size based on the
conditions.
Board Comments:
Bring updated legal documents and all changes to the next meeting.
Can you put a crash resistant guardrail up to reduce the height of the wall? Mr. Russell
said the wall is crash resistant and even with a guardrail it would still be a five foot drop.
Consider using a guardrail it would be cheaper and much more attractive than a concrete
wall. Mr. Russell will look into it.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 4-0, to continue the public
hearing to October 16, 2019 at 7:00 p.m. in the Selectmen’s Meeting.
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The Board requested staff have a draft decision ready for the 16 and asked Mr. Grant to request
an extension for the action deadline by email and the Board will address it at the next meeting.
453 Concord Avenue-Limited Site Plan review of the Cotting School Athletic Addition:
Mr. Canale opened the public hearing at 8:58 p.m. with approximately eight people in the
audience. Since the application is not complete the Board cannot close the public hearing tonight.
The next meeting is October 16, the action deadline is October 18, and the following meeting is
November 20. The Board asked the applicant to extend the action deadline in writing to
November 30, 2019 before the next meeting October 16, 2019.
Present were Bridget Irish, Chief Operating Officer, Bruce Embry, attorney, Megan Buczynski,
civil engineer, Rebecca Ray, project architect. Ms. Irish presented this plan for their special needs
school which includes a new gymnasium for the students and reconfiguration of the entire school
to better meet the needs of the students. Ms. Buczynski said this project will enhance our facility
but is not intended to increase the number of students and presented the changes to the plan which
include the turnaround and a walking path that are all within the setback requirements and have a
Minutes for the Meeting of September 25, 2019 Page 5
20% floor area ratio (FAR). The elevations of the building, lighting plan and landscape plan were
presented and will be updated and submitted to the Board. There will be no increase in parking
since the school will have no new staff added. The spots from the other parcels were not included
in the parking numbers.
Board Members Comments:
There is no issue with the number of parking spaces, but there is a problem with the
loading bays with children being dropped off in the morning.
There are a lot of invasive plants which provide a screening and need to be addressed.
Thank you for adjusting the plant list. There should be documentation for the invasive
removal and restoration plan. There will be a lot of tree removal on the uplands so make
sure the mitigation is adequate and the species planted are native.
What is the school’s plan for the Town’s net zero energy goals? There will be solar
panels on the roof and 60% of our electrical needs will be gotten from our own solar
panels. Please get the engineers to quantify the amount of energy that will be generated
by that installation.
There is concern about the adequacy of parking on the main school site.
You may need to lose the tree at the bottom of the driveway for safety concerns.
Ms. Tapper said the Fire Chief was at the new parking lot today and staff received a text
that the driveway needs to be widened.
Have a clear plan on invasive removal.
You need a clearer parking and circulation plan on both sides of the site and justification
for the adequacy regarding the number of parking spaces. The neighbors are concerned
there is insufficient parking and you need a strong parking presentation even during
construction to resolve any safety issues.
There is concern about the safety of the new driveway.
Consider a transportation study on Concord Avenue.
For the parking and circulation it is strongly suggested you get a traffic engineer to look
at how the onsite circulation works and for parking on Concord Avenue.
I don’t believe taking the tree down will make it safer.
Public Comments:
Sharon Cerny, 1 Barberry Road, read her letter on the record for the neighborhood. The
neighborhood is most concerned with traffic safety and believe there should be a traffic
study and an independent peer review funded by the Cotting School required.
Page 6 Minutes for the Meeting of September 25, 2019
There is a dip in the road that creates a major blind spot. There have been many accidents
there and the new driveway could create a serious problem.
There is concern about safety and there should be a full traffic study to include entry and
exit of the site. Mr. Embry said they met with the representatives of the neighborhood last
night and agreed to get the vans and parents queuing on the Cotting School side of
Concord Avenue and discussed partnering to get the speed reduced on Concord Avenue
to a reasonable pace. We will also have buses and parents drop off in one location
Board Comments:
A right turn only from the 497 Concord Avenue driveway might help.
What Can the Town do to help within the Right of way? Can the Town partner with the
school and neighborhood?
You need a strong robust plan on entering on exiting the site.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to accept the written
request for an extension to the decision deadline to December 20, 2019 and continue the public
hearing to October 30, 2019 at 7:00 p.m. in the Selectmen’s Meeting Room
Review 7 Hartwell Avenue Owner’s petition Zoning Amendment Report to Town Meeting:
The Board reviewed the draft report and discussed minor wordsmithing and some substantive
changes to the draft report. The CSX use table will be added as an appendix and will include the
summary of public comments.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to adopt the report to
Town Meeting as modified at this meeting with staff to make the changes as indicated.
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Board Member and Staff Updates:
The Board discussed whether Town Meeting and or the Planning Board needs to do anything to
accommodate 5G technology.
Planning Board Reorganization:
Mr. Hornig nominated Mr. Creech as Planning Board Chair.
Ms. Johnson nominated Mr. Peters as Planning Board Chair.
Mr. Peters declined the nomination.
Minutes for the Meeting of September 25, 2019 Page 7
On a motion of Mr. Hornig, seconded by Mr. Peters, it was, 3-0-2, (Mr. Canale and Ms. Johnson
abstained) to appoint Mr. Creech as chair.
Mr. Creech nominated Mr. Hornig as vice chair.
On a motion of Mr. Creech, seconded by Mr. Peters, it was, 4-0-1, (Ms. Johnson abstained) to
appoint Mr. Hornig as vice chair.
On a motion of Mr. Creech, seconded by Mr. Canale, it was, 4-0-1, (Ms. Johnson abstained) to
appoint Mr. Peters as clerk.
Planning Board Outreach Discussion:
The Board discussed what will be the Planning Board outreach date October 23 or November 6.
The topics considered would be the Comprehensive Plan updates and/or the Hartwell Avenue
zoning changes.
Mr. Creech will find out when the TMMA information session is and work the date out with Ms.
Page tomorrow.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 11:02 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.
Hartwell Avenue Initiative update Ted Brovitz:
Stakeholders meeting dated September 5, 2019 (36 pages).
Hartwell Avenue District Zoning Initiative Planning Board Meeting, presentation dated
September 25, 2019 (28 Pages).
RKG Preliminary Finding Meeting October 2018 (39 pages).
Rangeway extension:
Town Counsel memo from 2000 regarding orphaned lots (9 pages).
Zoning Determination dated June 21, 2002 (1 page).
Ed Grant memo regarding Berg v. Town of Lexington dated 5/2/11 (8 pages).
Land Court Order of Remand (2 pages).
Application for Rangeway from Doris Duff dated 7/11/11 (12 pages).
Memo from Ed Grant on his opinion dated April 30, 2012 (9 pages).
From B application dated January 15, 2010 (9 pages).
Rangeway definitive subdivision plan dated March 7, 2019 (104 pages).
Rangeway Extension plan set dated December 3, 2018 (8 pages).
Page 8 Minutes for the Meeting of September 25, 2019
Rangeway turning radius (3 pages).
Rangeway daft easement from 205 (3 pages).
Conservation Commission comments dated May 14, 2019 (1 page).
2003 - proposed subdivision denied by Planning Board, mainly due to inadequacy
of proposed road and safety access. The Applicant appealed.
2011 - Doris Duff submitted a statement to the Planning Board.
2012/2013 - Applicant proposed improved access and the Planning Board issued a
Certificate of Action approving the subdivision. However, the subdivision plans
were not endorsed or recorded at this time.
2015 - Conservation Commission issued an Order of Conditions. The neighbors
appealed it.
2017 - DEP issued a Superseding Order of Conditions.
2019 - Conservation Commission amended their Order of Conditions.
2019 - New plans & application filed with Planning Board.
Pdf of tree clusters possible removal.
Engineering comments September 10, 2019.
Staff summary September 25, 2019.
Updated waiver request September 20, 2019.
Applicant Memo September 20, 2019.
453 Concord Avenue, Limited Site Plan review:
Athletic Addition Plans dated 8/12/19 (28 pages).
Project memo to Planning Board dated 8/21/19 (11 pages).
Stormwater Report dated 8/12/19 (124 pages).
Logisitic Plan (1 page).
Lighting Spec Plan (6 pages).
Applications dated 8/21/19 (5 pages).
Sharon Cerny e-mail dated 9/25/19 (2 pages)..
Robert Peters, Clerk