HomeMy WebLinkAbout2019-12-04-PB-min
PLANNING BOARD MINUTES
MEETING OF DECEMBER 4, 2019
A meeting of the Lexington Planning Board, held in the Selectmen’s Meeting Room, in the Town
Office Building was called to order at 7:00 p.m. by Chair Bob Creech with members Ginna
Johnson, Charles Hornig, Robert Peters, Richard Canale, and planning staff Eve Tapper and Lori
Kaufman present.
*************************BOARD ADMINISTRATION****************************
PUBLIC HEARING
453 Concord Avenue, Limited Site Plan review of the Cotting School Athletic Addition:
Mr. Creech opened the continued public hearing at 7:02 p.m. with approximately ten people in
the audience. Present were Bridget Irish, Chief Operating Officer, Bruce Embry, attorney, Megan
Buczynski, civil engineer, Giles Ham, P.E., transportation engineer, Vanasse Associates, Inc.
Megan Buczynski presented the updates made to the plan since September 25, 2019. The Zoning
Board of Appeals (ZBA) new submittal for the 489 Concord Avenue gravel parking was
determined to satisfy what was put before the ZBA for parking. The parking at 489 was reduced
to two additional parking spaces instead of the 4 proposed to meet the Conservation
Commission’s Order of Conditions and the school will restore the areas not being used for
parking to grass and continue with snow removal. The revised planting plan was updated with
plantings native to this county and removal of invasive species around the parking area at 489.
Conservation has requested invasive removal and replanting within the buffer zone adjacent to
the parking lot and submittal of an updated plan. An updated photometric plan was submitted
showing no light spill outside the area. Plans were submitted that show improvements that were
made to meet the net zero emission goals of the town. Parking space size will be 9’ by 18’ with
an additional foot of overhang. The fire truck turning radii and access plans were provided and
are propose to widen the access to improve turning from the road for fire truck access. The large
tree plus a few others will need to be removed to improve sight lines to allow safe exit from the
site. The applicant will donate money to the tree fund for trees being removed. The construction
access plan was shown.
Site traffic circulation within the site, parking requirements, use on a daily basis, and parking
calculations were addressed by Mr. Ham. Mr. Ham explained that they collected a lot of data in
November to help improve traffic flow and safety conditions in the area. They identified five
locations in the study area and school hours are from 8:00 a.m. to 3:00 p.m. Traffic counts were
Page 2 Minutes for the Meeting of December 4, 2019
done on November 12, 2019 from 7:00 to 9:00 a.m. and 2:00 to 4:00 p.m. and presented the
numbers for traffic going in and out of the school.
Currently there are 152 parking spaces and counts done during the day showed the parking lot
being relatively full, but there was always a parking space available on site. The proposal would
add 35 spaces in the new lot which would provide an abundance of parking on the site. Mr. Ham
discussed the speed data that cars traveled. The sight distance shows that some trees need to be
removed looking to the east and to the west the sight distance was adequate for 40 MPH speed.
The consultant recommends they propose a school speed zone with new flashing signs and speed
limit radar signs which flash the speed the vehicle is traveling at. He presented a conceptual plan
to widen one access to be an entrance only for the easterly driveway to 20 feet wide and add “Do
not enter” signs. The recommendation for the westerly drive is to do a minor widening to allow
for two ten-foot travel lanes one to enter and one to exit and most of the widening would occur at
the approach to Concord Avenue.
Board Comments and Questions:
With this configuration will it eliminate the need for van queuing on Concord Avenue?
Mr. Ham said no it will still need some queuing on Concord Avenue. Could one lane be
used for queuing? Mr. Ham said the eastern lane could be for queuing and the western
lane to bypass them.
Do you have recommendations that are more rigorous to reduce speeding on the road?
Mr. Ham said signs and enforcement are usually the way to reduce the speed limit.
There is agreement with staff’s comments on the parking analysis that the operational
demands and utilization of the school should be taken into account for what the parking
needs are.
Should the westerly drive be an exit only and this way cars could exit going either way
out and the easterly drive to enter? Use only one drive for in and one for going out. Will
there be a change for the amount of time for vehicles leaving the campus. Mr. Ham said
this will be a little more efficient and would also allow staff to enter the school away from
the students.
Will there be any increase in parking demand? Ms. Irish said we do not anticipate an
increase in the demand for parking.
The width of the drive at 497 is being looked at to be widened. Will there be any
engineering problems? Ms. Buczynski said no.
Will there be a problem with the utility poles and tree? Mr. Ham said the tree will be
removed, but the utility pole can be seen around.
Minutes for the Meeting of December 4, 2019 Page 3
If you had to construct more parking on the 497 lot would it be a problem? Ms. Buczynski
said the parking would not be used because of the distance to the main site. Mr. Embry
said there would also be some conservation issues.
Will the current parking still be adequate even with the widening of the drives? Ms.
Buczynski said the count will still be adequate.
A school zone would require a crosswalk. Would you be ok with that? Mr. Embry said
the school would be happy to have any of those changes.
With the tree mitigation will you be doing in kind plantings or will you donate money to
the tree fund? Ms. Buczynski said there really isn’t much room for more plantings since
this is a heavily wooded area, but would be in agreement with what the Board suggests.
Maybe neighbors could make suggestions.
Will the school work with the Town on the flashing signs to implement changes? Would
you recommend speed bumps where the school to be more effective in reducing vehicle
speeds? Mr. Ham said what is recommended would reduce speed. Speed bumps are more
drastic and do not believe it is needed and feel ours make the most sense. Speed bumps
should be looked at more closely.
At a site visit the delineation of the loading zones were a problem; did you make any
recommendations? Mr. Ham said yes there have been changes made.
Why are the vans sitting and waiting? The vans that queue in the morning are eight vans.
In the afternoon they arrive earlier and there are 25 vans on Concord Avenue. Ms. Irish
said they arrive early to be the first in line and we need to keep them off campus for
safety reasons and since they are not our employees and we cannot control them.
We will need another session to work out the details.
The planting guide in the past has been different. Confirm that all the plantings are native
to the county.
The bulbs proposed are not native and may have toxins to the animals so please use
native ones.
You are removing a lot of mature sassafras. Instead of birch please use sassafras and a
red or white oak to replace the large trees.
Be good stewards of the site and remove invasive species and exceed the requirements.
Staff comments made today were reviewed and can be found in the Planning Board
packet.
Page 4 Minutes for the Meeting of December 4, 2019
Should there be a right hand turn only out of the new driveway? Mr. Ham said he thinks
left turns can operate safely.
Ms. Buczynski said they want to meet with the Fire Department regarding if they really need to
change the drive at 497 Concord Avenue to asphalt. Contact Ms. Page to set up a meeting. The
screening will have a six-foot high vinyl fence with trees plantings eight to ten feet high along the
entire property line to prevent lights going into the neighbor’s house.
We will look at widening the drive and will discuss with Conservation for the eastern side of the
drive. Hydrants will be discussed with the Fire Department. We will work with the Transportation
Safety Group (TSG) and will need to understand what we can do without jeopardizing the
building. TSG would probably be happy to have you build the cross walk. If we cannot use the
489 lot while construction is going on Ms. Irish said we will have off-site parking available to us.
Audience comments:
Elissa Goodman 485 Concord Avenue said she had a number of concerns with this
process that has been going on for several years There were 40 trees cut down without
notice in 2017 while I was out of the country. The traffic at the Barberry Road
intersection, this driveway, and Concord Avenue was not taken into consideration and
the offset of the intersection with the driveway that would become a road. If this
driveway is widened to 22 feet the trees would not fit. The ZBA decision is being
appealed. Have the Police been consulted about enforcing a new speed limit? If the 497
driveway is being treated as a street then it is subject to different rules regarding the
sight distance. A six-foot vinyl fence is not adequate. There has been bad coordination
between the town departments and staff. Put parking under the gym or use off-site
parking and do not use the lot at 497. There is concern that they are buying property on
Concord Avenue and what are their long-term plans?
Christopher Bing, 475 Concord Avenue, said there have been 3 accidents right in front of
our house due to a blind spot because of a dip in the road. People speed about 55 mph and
you cannot see what’s coming out because it is a blind spot with the hill. The parking lot
will create light pollution even with a six-foot high fence and light will cut into the
conservation land. You will need a full-time policemen and need to consider events
occurring during the day. We are not getting the full story. Mr. Embry said the lighting
plan that was approved by Zoning Enforcement and we agreed and included the
neighbor’s requirements.
Minutes for the Meeting of December 4, 2019 Page 5
Ms. Thompson, 500 Concord Avenue across the street and up the hill. All the cars exiting
going west the lights will sweep right into our house. If anyone can think how to screen
the lights from going into my house it would be appreciated. Speed is a major issue and
this is not a safe place.
Ms. Cerny submitted a letter with her concerns and revisions to the parking circulation
and can be found in the packet for this Planning Board Meeting. We were hopeful there
would be a master plan for all the parking lots they own, but they are doing this
piecemeal instead. This would create a third or fourth exit and the neighborhood needs to
be protected. The Town has the right to restrict this and wants this done in a safe way.
There is no thought for the overall use of the land. She provided a potential alternative
plan and puts the parking on the main campus. Maybe we can save the tree and use a
shared drive. There is a lot of information that was requested regarding staff hours and
other information that was not provided by the Cotting School. She presented her
proposed on-site parking plan and believes that the Town can do it legally to protect the
neighbors. Ms. Cerny also suggested cutting the curb back where the vans are queuing.
Ms. Buczynski asked what items need to be continued. Staff wants additional information for
details on screening for 497 and other open issues from the staff memo from the Engineering and
Fire Departments. The Board asked staff to do a draft decision for the next meeting, but there are
too many open items to close public hearing tonight. Staff will do a draft decision after meeting
with applicant, fire and other departments.
On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted, 5-0, to continue the public
hearing to December 18, 2018 at 7:00 p.m. in the Selectmen’s Meeting Room.
1040/1050 Waltham Street-Follow up to November 20 Sketch Plan discussion for Proposed
Planned Development for a new life science building and garage:
Kevin Sheehan, of Greatland Realty Partners (the owner), began his presentation by introducing
the members of his development who were present at the meeting: Ed Grant, legal counsel,
Kristen O’Gorman, project architect, Bob Michaud, traffic engineer, MBM Traffic consultants,
Nick Skoly, VHB and Phil Dorman, Greatland Realty Partners, Steve Woods, IBI Landscape
Designers, and Peter Tamm, co-counsel.
Mr. Sheehan shared updates based on comments received from the Planning Board and others.
They have done outreach to town people, met with the Board of Selectmen (BOS) and other
Page 6 Minutes for the Meeting of December 4, 2019
departments since our last meeting. The documents presented for this project can all be found in
the Planning Board Agenda Packet for this meeting.
Robert Michaud presented the transportation overview. They looked at the patterns for traffic
volume for peak hours to address the patterns for access design to the site. They also want to be
sensitive to pedestrian access and relocating the crosswalk to accommodate the residents of
Brookhaven and encourage walking as opposed driving. There would also be bicycle
accommodations to provide bicycle connectivity with a striping plan for bike lanes on either side
to encourage biking on Waltham Street. There would be some design flexibility to allow for left
turn lanes if the Town requires it.
Nick Skoly, civil engineer said the two curb cuts would improve one of the major factors, which
was circulation on the site. This would accommodate different users and avoid as many conflicts
between vehicles and pedestrians as possible. The loading dock, emergency response access, and
porous stabilized path will allow access for those vehicles if necessary around the garage, shuttle
drop-off and parking were all presented.
The preliminary stormwater management plan showing the main site constraints which were
wetlands was presented and meets the bylaws and they had initial conversations with the
Conservation Commission and will file a Notice of Resource Area Delineation (NRAD) and a
Notice of Intent (NOI) with Conservation. They have requested to look at a water and sewer
utilities and will have that in the next few weeks. The snow storage plan shows adequate snow
storage outside the buffer area.
Kristen O’Gorman discussed what has changed since the last meeting. They are creating a nice
street wall, with the parking garage, south entrance, loading and service of building tucked into
the elbow, and creating a bicycle and pedestrian entry along Waltham Street. The building would
be stepped back from Waltham Street, and will have a green roof and terraces. The Building will
have an industrial look they showed the elevations and materials to be used and are creating a
very friendly pedestrian environment. We are studying the feasibility of solar for this project.
Sustainability is important and we are looking to be certifiable if not more.
Steve Woods reviewed the landscape plan. He showed some screening and planting design and
will look to add just under 100 trees and 70% are native, but can increase that to 100% native
trees. Access across the site and up to the nature trail to Brookhaven will be provided for
pedestrians. We are also looking at the site holistically and shows it is part of a larger plan and are
working with Chase Bank for that holistic approach.
Minutes for the Meeting of December 4, 2019 Page 7
Peter Tamm said we shared the proposed development data from PD2 for Hayden Avenue for this
Planned Development. We are trying to provide for future uses as well for current uses. We will
be working on a Transportation Demand Management Plan with the Board of Selectmen and file
the PSDUP before the end of the month for the 2020 Spring Annual Town Meeting.
Board Questions and Comments:
We should use as a template Bedford Street as opposed to Hayden Avenue since this is a
small constrained site with lots of action around it. There appears to relative mix of life
sciences and office spaces where 400 parking spaces would be adequate so why should
we allow you 600 spaces. Mr. Sheenan said that number of spaces are needed to give
them flexibility in leasing and making it more marketable. I will find it difficult to
approve anything with more than 400 parking spaces.
There was concern about the location of the garage and the height of each step back of
the building from the property line. Is it a 1 to 1 ratio? Mr. Sheehan said yes.
For pedestrian access through your property from Brookhaven is there any legal things
you need to do? Mr. Tamm said it could be established through an easement as at
Hayden.
You have not discussed any mitigation for this project. Mr. Michaud said we have not
had time yet to determine the impacts. Have you worked with MASSDOT on complete
street standards? Mr. Michaud said he does not believe it will be a complicated project
and will work with the Town.
Why not require tenants to compensate employees for those that do not use their car?
There should be a requirement that walkers, cyclists and mass transit users get
compensated for that in the TDM plan.
Noise is an important consideration especially with Avalon, condos in Waltham, and
Brookhaven and want a provision to monitor noise.
You plan on filing a PSDUP in 2 weeks so make sure to get it as close as possible to the
right thing.
In proposed pedestrian access to Brookhaven there is a 13 foot grade change; how will
you handle it? We are looking into an accessible connection. Consult with Brookhaven
since it will be done on their property. Mr. Freehling has been contacted.
The emergency access in Waltham will you guarantee it will not be sold. Waltham has
been notified. Mr. Tamm said he is not aware that it is a critical open connection to the
property in Waltham. If the Fire Chief requires it to be maintained we will.
Page 8 Minutes for the Meeting of December 4, 2019
There are several concerns about the parking garage with no setback from the property
line and the town line. There was concern from the owner of the 1111 property. It also
backs up to the wetlands. Have you discussed altering the buffers with Conservation? We
will stay back from the 25 foot buffer zone. Maybe relocate it or integrate it into the
building.
Consider realigning with the drives that exist with Avalon.
This feels rushed if you are submitting the PSDUP in two weeks. This is an important
meeting in developing the plans and the scale feels pinched.
The van circulation for your drop off is too close to parking. Consider restricting the
deliveries to the northern drive.
The industrial aesthetic you are promoting does not work for the gateway of Lexington.
You have a lot to do with architecture there are too many treatments. The terrace really
shrank and seems to be a meaningless gesture. The green roof is just a little band. It does
not look inviting and exciting yet.
Signage in PSDUP is going to play a large part of this proposal.
The concern is that the location of the garage has no opportunity for a transition zone on
the ground for a permanent buffer in case it gets sold.
The stairs might discourage use of the bridge connection for pedestrians.
Reduce the impervious surface in the entrance area. Keep a nice sidewalk along Waltham
Street.
There are concerns that the PSDUP may be is too flexible for fast food service with such
tight parking. Dry cleaning is not appropriate with fumes from processing on the site.
Concern was expressed about wireless communication facility towers and define how
they would be hidden.
The two foot setback for the garage is too little. The FAR does not include the parking
structure and needs to be clarified.
The building height does not include the penthouse and needs to be clarified.
There are a lot of large signs proposed in the PSDUP and you should relook at that.
The size of the parking garage with 600 spaces is too large and is an issue. Charging for
parking may level the playing field and bring people to public transportation or other
modes than single occupancy vehicles.
The traffic flow in the garage would limit the ability to have sufficient solar on the roof.
Plantings should all be native to Middlesex County.
Minutes for the Meeting of December 4, 2019 Page 9
Audience comments:
A Brookhaven representative said the developers have been very forthcoming and
cooperative with us. We are positive about the project overall, but some concerns are the
project looks too much like a factory and the aesthetics are a problem. The building is too
tall and could the mechanicals should be placed somewhere other than the penthouse,
which would be a visual obstruction. Traffic issues are a large problem especially with
the older drivers at Brookhaven. We need attention paid to the additional traffic and have
a left turn lane made legal and possibly create communal transportation which would be a
big help.
The Asset Developer Manager for 1111 Waltham Street has some concerns and have
been in conversation with Greatland Realty Partners. We are concerned with the scale
and massing of the project is a problem since it would use most of the buildable area, and
the siting of the garage with a two-foot setback provides very little screening and
maintenance opportunities and puts most of our property in the shadows in the morning
daylight. We like the use and there is an opportunity to mitigate and we will work with
the applicant. The large 600 car garage is a concern and would like some ideas how that
can be mitigated. The Waltham emergency garage access and snow removal are issues
with the location of the garage and its possible impacts.
*************************BOARD ADMINISTRATION****************************
Discussion of possible zoning articles for the 2020 Annual Town Meeting including but not
limited to: short term rentals bylaw; site plan review, limiting odd shaped lots; solar;
bank/automatic teller machines; technical corrections; and stormwater technical
corrections:
Short-term Rental:
Staff is working on this proposed amendment and is a work in progress. The Board Members
would like to review this document and discuss this next time.
Audience comments:
Ms. Moultrup said in her NCD neighborhood and she and others want to work with staff
on this matter to let others know what is going on with safety noise and a possible zoning
violation. With all this going on without regulations it is a major concern. If all of
Lexington knew what was going on with Airbnb it would be a problem and needs some
regulations.
Solar Energy Bylaw:
Page 10 Minutes for the Meeting of December 4, 2019
The Board discussed the amendment proposed that can be found in the Planning Board packet for
this meeting. This is to reduce the restrictions for the construction of solar energy systems. Mr.
Hornig said the Sustainable Committee supports this zoning amendment but does not want to be
the lead sponsor. Mr. Hornig presented the proposed amendment.
How do you balance solar and tree canopies? Do we know what other communities do? Mr.
Hornig said he is not sure but we could find out what other communities do.
Will this proposal create more solar energy opportunity for people?
Are there other communities that have something like this? Many communities have some kind of
regulations, but they are all over the place. It depends on the town or city and their needs.
Add impact on tree canopies as a criteria for consideration and change “remove” to “reduce”
restrictions.
This will be discussed on December 18 on whether to request the Board of Selectmen to place
this proposed amendment on the warrant for the Annual Town Meeting.
Odd Shaped Lots:
The Board briefly discussed this potential amendment. The Board will further evaluate this item
at the next meeting to determine if it should be brought forward to the Annual Town Meeting.
Board Members should review this item and see if they have anything to share at the next
meeting. Staff will not be able to do any work on this matter.
Schedule:
th
The next meeting is December 18 and will start at 6:30 p.m. with discussion on the potential
Annual Town Meeting Warrant Articles.
On a motion, duly made and seconded, it was voted to adjourn the meeting at 11:00 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.
453 Concord Avenue, Limited Site Plan review:
Responses cover letter from applicant’s civil engineer 11/26/19 (7 pages).
Traffic circulation study dated 11/27/19 (11 pages).
Parking Plan dated 11/26/19 (1 page).
Construction Access Plan dated 11/26/19 (1 page).
Layout and Materials dated 11/26/19 (1 page).
Planting Plan dated 11/26/19 (1 page).
Minutes for the Meeting of December 4, 2019 Page 11
Courtyard and panting plan dated 11/26/19 (1 page).
Drive Site Plan dated 11/26/19 (1 page).
Lighting Plan dated 11/26/19 (1 page).
Utility Plan dated 10/2/19 (1 page).
Detail 1 dated 9/24/19 (1 page).
Detail 2 dated 10/2/19 (1 page).
Detail 3 dated 10/2/19 (1 page).
Staff comments (2 pages)
1040/1050 Waltham Street:
Draft Civil Plans, dated 11/26/19 (7 pages).
Draft Landscape Plan, dated 9/24/19 (1 page).
Draft Building Elevations Plans (2 pages).
Draft Sustainability Strategy dated 11/26/19 (3 pages).
Draft PSDUP dated 11/26/19 (8 Pages).
Draft PTDM dated November 2019 (7 pages).
Engineering Comments dated 11/27/19 (2 pages).
Hartwell Avenue Initiative:
Draft Zoning for CM District (2 pages).
Draft Zoning for Bedford Street (1 page).
Draft Street Scape Zoning (1 page).
Possible Zoning Articles for Annual Town Meeting:
Draft Solar Bylaw (1 page)
Draft Bank Financial Services Amendment (2 pages).
Draft Site Plan Review Amendments (1 page).
Memo for Planning Board Regarding Odd Shaped Lots (4 pages).
Robert Peters, Clerk