HomeMy WebLinkAbout2019-11-20-PB min
PLANNING BOARD MINUTES
MEETING OF NOVEMBER 20, 2019
A meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room in Town
Offices was called to order at 7:00 p.m. by Chair Bob Creech with members Ginna Johnson,
Charles Hornig, Robert Peters, Richard Canale, Michael Leon, and planning staff Carol
Kowalski, Acting Planning Director Eve Tapper and Lori Kaufman present. Amanda Loomis
was present.
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Confirmation of Appointment of Planning Director finalist Amanda Loomis:
Ms. Carol Kowalski, Assistant Town Manager for Land Use, introduced Amanda Loomis, the
finalist for the Planning Director position. Ms. Loomis has worked for Framingham for the last
nine years and was the Planning Board Administrator for the past six years.
On a motion of Mr. Canale, seconded by Ms. Johnson, it was voted, 5-0, to approve the
appointment of Ms. Loomis as the new Planning Director. Ms. Loomis will start in mid-
December once the formal paper work is completed.
Ms. Tapper has done a great job and will stay until at least until the end of December or longer to
allow for a sufficient overlap for a decent handoff to the new Planning Director.
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PUBLIC HEARING
453 Concord Avenue-Limited Site Plan Review of the Cotting School Athletic Addition:
The applicant has requested a continuance to December 4, 2019, and an extension of the action
deadline to January 7, 2020, subject to the Board’s approval.
On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted, 5-0, to extend the action
deadline to January 7, 2020.
Mr. Creech opened the continued public hearing at 7:15 p.m.
Page 2 Minutes for the Meeting of November 20, 2019
On a motion of Mr. Hornig, seconded by Mr. Canale, it was voted, 5-0, to continue the public
hearing to December 4, 2019 at 7:00 p.m. in the Selectmen’s Meeting Room.
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Hartwell Avenue Initiative update by Ted Brovitz Consultant and including discussion of
40R Growth:
Mr. Peters will be recused from this matter.
Mr. Ted Brovitz, consultant gave an updated presentation on the Hartwell Avenue District Zoning
Initiative. The presentation can be found in the Planning Board packet on the website. The
updated concept would be to divide this proposal in to smaller pieces for individual properties to
simplify things for Town Meeting. The proposed amendments that were discussed are concepts to
create an enjoyable place to live, work, play, with places for retail activity and outdoor amenity
spaces. The CM zoning amendment changes were for parking, dimensional standards, height
standards, mixed use properties and smart growth 40R housing program with 20% affordable
units with sustainable development standards. Mr. Brovitz said this is where we are today and it
beileved this would be the best approach to bring to Town Meeting that may allow it to move
forward.
Board Comments and Questions:
What happened to the form-based zoning code concept for our vision? Why are we doing
this piecemeal and not the whole area as originally discussed as a 40R overlay District?
This proposal would not be much different than what can be done in the area now. We
need more information on how the housing part will be integrated to get the maximum
monies in this new proposal? Mr. Brovitz said we could not have the number of
restrictions we have in place for the 40R program. It was requested that Mr. Brovitz
double check with the State about these restrictions. Mr. Brovitz confirmed he will check
with the State. How will we get to our vision with this piecemeal approach? Mr. Brovitz
said this will have the same impact and would be easier to get through Town Meeting in
smaller packages as opposed to a very large package.
Town Meeting will be concerned with the impacts, revenue, and other costs when this
gets fully built-out. Who would do the build-out analysis after the zoning is decided? Mr.
Brovitz said he would do it. Mr. Canale would fully support a form-based zoning code,
but would have a problem supporting the proposal as shown tonight. Mr. Brovitz does not
believe state regulations allow communities to limit housing to a certain percentage of
the total development of a lot for 40R housing projects, but will double check.
Minutes for the Meeting of November 20, 2019 Page 3
What does the project do to benefit the people, the planet, and profit? There is concern
that the zoning proposal and overall goal does not does not take into account existing
environmental issues. We would need a hydrologic analysis since this is adjacent to
swamp; groundwater is high and with climate change may be prone to flooding. There
are no provisions for trees; mitigations for climate change hazards are missing. What is
are the amenities for people where they work? Where is the open space vision? The
zoning gutted dimensional controls; this proposal needs to be more prescriptive if by-
right, without no public process, or planning board hearings. Without any controls there
is concern that we will get all the negative impacts that come with development.
This will require a lot of discussion because of concern about what we don’t know.
The timing is an issue since we are trying to present this at the next Annual Town
Meeting. This seems to be rushed and think more time will be needed for such a huge
endeavor.
When would you start the public outreach and walk us through what you plan to do over
the next few months. Mr. Brovitz said if we are not ready for this Town Meeting we may
need to look to the next one.
How will this be advertised? Mr. Brovitz said it will be a variety of different things which
include small meetings, large meetings and pubic civic meetings. Once we have a
package we are comfortable with we can plan the outreach.
There are residents on Bedford Street and concerns about lighting and how it will impact
them? A better vision of Bedford Street is needed. Mr. Brovitz said he would do some
cross sections of different areas once more is known about what the dimensional controls
will be.
The commercial district parking standards in this new proposal will require a strong
transit component and it will be necessary for parking adjustments to have set maximums
to force these developments to not rely automobile transportation as much as the current
ones do. Mr. Brovitz said we want to make sure parking standards are reasonable,
flexible, and in the zoning.
Audience comments:
If this goes to Town Meeting there will be questions for sustainability and the Lexington
Sustainable Committee would like to help with some of those practices.
The Commercial Development (CD) and Planned Development (PD) processes are
impediments to developing properties with the current quick moving market. The process
is not good and the Town needs to open up the zoning bylaw (ZBL), which is over 40
Page 4 Minutes for the Meeting of November 20, 2019
years old, to allow owners of small lots to allow shared parking, lot lines and other
common items. Tenants will not wait for a special permit process and this should be
brought to Town Meeting as soon as possible for discussion. With all the restrictions it
will take 20 years to see the fruits of your labor so Lexington needs to show the
development community they are welcoming to developers by trying to fix the ZBL. I
support this initiative and it is time for it to happen.
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Mr. Brovitz will come back to the Planning Board on December 4 and 18.
Review and Possible Adoption of Eligibility Criteria for Moderate Income Units:
The Board discussed the document for the eligibility criteria for moderate income units in
Lexington. Board members were confused about eligibility requirements and believe they need
Ms. Kowalski for this discussion. Ms. Tapper will speak with Ms. Kowalski before the December
4 meeting and see if a memo providing more information on the purpose and application may
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help. This item will be added to the agenda for the December 4 meeting.
Review/discussion of Community Preservation Committee Projects:
Mr. Hornig reviewed the possible CPA projects for the packet. The list can be found in the
Planning Board packet for this meeting.
Discussion of Possible Zoning Articles for Annual Town Meeting:
The Board discussed the document for the possible 2020 ATM Article which can be found in the
Planning Board packet meeting. These proposed warrant articles will need to be submitted by
December 19 to the Board of Selectmen (BOS).
The following items were discussed as potential warrant articles for the 2020 ATM:
Staff is putting a proposal together for short-term rentals and will be done in time for the
2020 Annual Town Meeting;
The Hartwell Avenue initiative;
Site Plan Review revisions for Dover protected uses.
Limiting odd shaped lots going forward (Research on impacts for current property
owners will not be completed on time);
Zoning clarifications which are technical in nature;
Stormwater and groundwater technical corrections;
Bank and ATM clarification- Mr. Hornig is working on a proposal by folding banks,
ATMs and credit unions together on the use table; and
Minutes for the Meeting of November 20, 2019 Page 5
1040-1050 Waltham Street will be moving forward and coming back tentatively on
December 4 with a follow-up to the sketch plan. There was a letter from an abutter
expressing concern on how close the garage would be built to the property line.
The Board decided the following articles would be supported or decided soon for 2020 ATM:
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Hartwell Avenue is still being worked on and will be back on December 4 and 18 for
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further discussion. The Board will decide after December 18if it is ready to go;
Short-term rentals will be ready;
The Site Plan review revisions can be done to the bylaws now and regulations later;
Zoning technical clarifications and stormwater technical corrections will be done;
Banks and ATMs should go forward;
Odd shaped lots can be done, but staff will not have the bandwidth to evaluate how
existing lots would be affected and become non-conforming. This could be done by only
having this apply to properties moving forward. Ms. Tapper will send a memo to the
Board before Thanksgiving on her research.
Staff will have proposed warrant articles ready for odd shaped lots and short term rentals ready
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for the December 4 meeting.
Mr. Hornig will have the proposed warrant articles for Site Plan Review for parking only and
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Banks, ATMS ready for the December 4 meeting.
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53 Hancock Street, Approval not Required:
On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to endorse the ANR plan
showing the property at 53 Hancock Street as it does not require approval under the Subdivision
Control Law.
The Board expressed an interest in that site being a site sensitive development. The attorney
present said that maybe a possibility.
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Schedule:
The next meetings are December 4 and 18.
Board and Staff Member updates:
Page 6 Minutes for the Meeting of November 20, 2019
The annual town report is due. Mr. Canale and Ms. Johnson will write the Planning Board annual
report. Mr. Hornig will check regarding who is doing the MAGIC report.
The Housing Partnership Board did a joint presentation with the BOS on chapter 40R and would
like to repeat the presentation with the Planning Board when it can be scheduled.
The Pierce Lockwood Neighborhood Conservation District (NCD) has not had any activity on
changes to properties so far. They have not done their certificate of compatibility or certificate on
non-compliance and hardship done yet but do have drafts of those documents.
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Ms. Kowalski found a 13 member for the Comprehensive Plan Advisory Committee (CPAC)
and the Planning Board may approve them at the next meeting. The CPAC is on hold while topic
groups meet. The next CPAC meeting will be the end of January.
If Lexington is interested it is possible to get a local grant from MAPC to develop a 40 R zoning
proposal for Lexington.
Minutes:
On a motion of Mr. Canale, seconded by Ms. Johnson it was voted, 5-0, to approve the minutes of
October 30 as amended.
On a motion of Mr. Canale, seconded by Ms. Johnson it was voted, 5-0, to approve the minutes of
November 6 as submitted.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 10:30 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.
53 Hancock Street:
ANR Plan (1 page).
Reference plans (4 pages).
Deed (4 pages).
CPC Projects:
List of CPC projects (1 page).
Minutes for the Meeting of November 20, 2019 Page 7
Schedule:
Permitting schedule (1 page)
Eligibility Criteria for Moderate Income Units:
Town of Lexington Eligibility Criteria for Moderate Income Units (2 pages).
Possible Town Meeting Articles for the 2020 Annual Town Meeting:
List of possible 2020 ATM Articles
Robert Peters, Clerk