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HomeMy WebLinkAbout2019-12-18-PB-min PLANNING BOARD MINUTES MEETING OF DECEMBER 18, 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. Jim Kelly, Building Commissioner and Jennifer Gingras, Zoning Administrator were present as well. *************************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 Rentals: Ms. Gingras presented the proposed short-term rental zoning article which can be found in the Planning Board packet on the website. Board Questions and Comments:  Does this article address every issue or will this need to be revised next year? Ms. Gingras does not believe it will need revisions.  In Section 4b why are accessory apartments excluded? Ms. Gingras said they did not want to take away from the affordable house inventory.  Section 5 & 6 seems to say that you will need to follow the law which is already required. The proposed article looks to incorporate the requirements of the state as well as address the Board of Health and recommends of Town Counsel. Mr. Kelly said Section 6 would require older houses to have upgrades of a more modern home if you register for this use. Would like this to be checked by Town Counsel.  A request to include standards for insurance requirements, which should be in either the zoning or regulations.  A request for clarification as to whether Lexington can discriminate against persons under the age of 21? Ms. Gingras stated that Town Counsel did not have any issues with this but we will check again. Page 2 Minutes for the Meeting of December 18, 2019  A request for clarification as to whether staff feels they are adequately staffed to handle additional enforcement for this regulation? Great question about staffing and I am not sure at this time. Such response was followed with a statement of concern about not having enough staff and feel the $300.00 fee is not adequate and should be increased.  A question as to what the cost for the homeowner who has been renting their homes for a year was? Rates would be determined by the Board of Selectmen (BOS).  Relative to the occupancy tax, does short-term rentals fall under the local and/or state tax? There is a community impact fee we can have and there is also a state tax, but not sure.  A request for clarification as to whether smoke and CO2 detectors are required to be hardwired? Is this required in other communities for short-term rentals? Not really but so important for safety concerns. Public Comment:  In Boston, there is concern that properties are being bought just to use for the purpose of short-term rentals. Does this proposed amendment have a limit on rentals so the house or unit is not secretly being used as a hotel? Requiring hard wire detectors could be a financial hardship for the owner of an old home. We should not forego using accessory apartments for this purpose.  Thank you for putting together this bylaw and I live next door to a rental home and this has become an issue in this Town. On a motion of Mr. Hornig, seconded, by Ms. Johnson, it was voted, 5-0, to request the BOS put a place holder on the annual Town Meeting warrant for this proposed article. Groundwater bylaw: This bylaw is to preserve and protect groundwater and to maintain and enhance public safety to control adverse effects of building basements floors nearer than 30 inches from the estimated seasonal high groundwater table. This only applies to a dwelling (homes). Board Comments:  Can there be an exemption for a building on a slab? Mr. Kelly said we could remove the word slab since it would only apply to basements.  There should a reference for a time of year to do the testing and avoid times of drought which would measure water that would be feet below the normal estimated seasonal high groundwater table. On a motion of Mr. Hornig, seconded, by Ms. Johnson, it was voted, 5-0, to request the BOS put a place holder on the Annual Town Meeting warrant for this proposed article. Minutes for the Meeting of December 18, 2019 Page 3 Add to agenda for discussion on January 8 for actual warrant language. Believe this is going in February. ********************DEVELOPMENT ADMINISTRATION************************* CONTINUED PUBLIC HEARING 453 Concord Avenue-Limited Site Plan Review of the Cotting School Athletic Addition: Mr. Creech opened the continued public hearing at 7:18 p.m. with approximately ten people in the audience. Present were Bridget Irish, Chief Operating Officer; Bruce Embry, Esq.; Megan Buczynski, civil engineer; and Giles Ham, P.E., transportation engineer, Vanasse Associates, Inc. Ms. Buczynski presented updates since the last meeting on December 4. The main issues remaining had to do with clarifying the parking count, screening at the 497 Concord Avenue driveway, tree removal at the 497 Concord Avenue entrance, and material for the drive to the parking area for fire access. The updates include widening the eastern drive to 20 feet, adjusting parking spaces, a pathway for crossing, and an update on the total number of parking spaces. We will be working with the Tree Warden regarding the large tree on the Cotting property and in the Right-of-Way (ROW) since it is a protected tree under the Tree Bylaw. Fire wanted pavement material for fire access so they will use porous pavement. We are opening up the ROW, adding proper screening and providing loam and seed to any disturbed area. We will work with Mr. Morrow and the Town to implement a school zone but it is up to the State. Fire asked that the fire access in the back be paved and we will use as much porous pavement as we can and submit the modification to the Conservation Commission. Board Comments:  Do you have any comments with the draft decision? Ms. Buczynski replied and said they made some minor corrections and reviewed her changes.  A request that all plantings be native to Middlesex County per the Vascular Plants of Massachusetts: A County Checklist, latest edition or as required by Conservation Commission. Two trees are not native and would have to be changed. Would like sassafras trees to be planted. Page 4 Minutes for the Meeting of December 18, 2019  How will the parking lot at 497 Concord Avenue be used? Ms. Irish said it would be for staff who arrive later from 8 to 8:30 a.m. and exit from 4:30 to 5:00 p.m.  Do you have a problem with a right turn only? Ms. Irish said she spoke with the traffic engineer who said it was not necessary. Audience Comments:  Elisa Goodman said she will speak for the neighborhood and gave a presentation on the reasons not to approve the proposed plan. (1) Concern for traffic safety for the offset of the drive from Barberry Road, which is 37 feet, van queuing and vehicle speed on Concord Avenue. (2) The protected tree to be removed cannot be cut down as per the tree bylaw. rd. (3) The ZBA appeal is not resolved and is going forward on January 23 (4) The screening trees shown only have two evergreens on the westerly side. That is not screening that is decoration. They should use alternative parking during the construction. There is already enough parking why do they need more?  Sharon Cerny said the neighborhood was concerned about queuing, and the offset from Barberry Road and ask to please have the right hand turn only. There is a petition signed by 70 people and 10 Town Meeting Members asking you to use your authority to protect us by requiring a third party engineering firm selected by the Town to review the plans and have the Cotting School paying for the review.  How much parking is sufficient? It would be helpful to have 3rd party to do a traffic study.  There were concerns from a parent that five families use the school bus stop at Barberry Road and Concord Avenue and it is unsafe for children now. The extra vans coming and going will make the situation worse. On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, to close the public hearing at 7:58 p.m. Board Comments:  A traffic study was done and reviewed by professional staff and we do not see the need rd for a 3 study.  Additional plantings in the rear and along the drive is needed for more abutter screening and use red cedar and white pine. The traffic issues on Concord Avenue is really up to the Town to make it safe and citizens should be after the Town to do what it needs to do.  There will be a tree hearing for the protected tree and citizens should attend. Minutes for the Meeting of December 18, 2019 Page 5  The Board member was hesitant to override a professional traffic engineer but maybe adding a right turn only as a condition was the best approach for the 497 Concord Ave intersection with Concord Ave. (Another Board member thought that overriding the traffic engineer was not the right thing to do.) The Board reviewed the draft decision and made some amendments. The Board should write a letter to the BOS regarding the concerns heard from residents for the traffic issues on Concord Avenue and ask them to address the issues with their committees. On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted, 5-0, approve the site plan with conditions as amended tonight. 840 Emerson Gardens Road- public Discussion sketch plan Balanced Housing Development (BHD): John Farrington, Esq.; Mr. Seaver, Seaver Construction Inc.; and Fred Russell, civil engineer were present. Mr. Farrington presented an overview of the plan. This proposal is for a 24 unit Balanced Housing Development (BHD) which is a lot smaller than the friendly 40B proposed a few months ago. The site could allow nine houses at 9,000 square feet each on a 1.5 acre lot in the One-Family Dwelling (RO) Zone. Mr. Russell presented the locus plan, existing conditions plan, nine-lot proof plan, and discussed the developable area and impervious service. The proposed development shows 10 garden style houses and 14 townhouses. A trail would extend for walkers and bikers as well as serve as fire access. This application will be under review with the Conservation Commission for the existing site. The site construction plan, landscaping plan, utility plan, parking, and trail access were presented. The traffic will be reduced significantly from what the current institutional use would allow. Board Comments:  Why would you not go for a Planned Development (PD) at Town Meeting? Mr. Seaver preferred to do something through the zoning in four to six months rather than two years and would get less opposition regarding traffic and rental as opposed to ownership.  These would not be rentals? Correct. This plan could be for some units to be restricted to moderate income units. Mr. Grant explained that clean up on the site for hazardous material would be $1,000,000. We could consider moderate income but need to know Page 6 Minutes for the Meeting of December 18, 2019 what would be the price. Mr. Seaver said the BHD gives 24 units but public benefit would make no sense to recoup the loss for the cleanup.  The easement access used to Arlington Great Meadows does anyone have an enforceable legal right to use it or is it only by your permission? Mr. Grant said it is currently a revocable license but would put in place a permanent easement for anyone to use and also protect the association from liability.  The preference is not to have large houses here and would prefer flats to townhouses, but you cannot build flats so would you build this development if you could only build townhouses? Yes. This site is better suited through the 40B or PD process rather than the BHD approach with townhouses. Consider other alternatives, but this is better than a conventional plan.  The site could hold comfortably five buildings with four units each for a total of 20 units without creating more disturbance using the area that has already been developed. Permanent access and parking for Arlington Great Meadows needs to be provided. Looking for a compact development area with common open space by remediating the already developed portion of the site. There should be two affordable units first because it is the right thing to do and not put it on the town to build them.  A member of the Planning Board provided a series of alternative designs for the Emerson Gardens Project. Attachment A in the Planning Board packet.  You are reserving three parking spaces for use at the Arlington Great Meadows is that based on any utilization data or do you have any idea of what is being used there now? Is parking allowed on Emerson Garden Road? There is plenty of parking on the Emerson Garden Road and do not want to add parking on the site. Greater density needs to be given back in some affordable housing.  Looking for some degree of affordability based on the AMI.  If you build a conventional subdivision would you deny access to the Arlington Great Meadows. It would be hard to sell a two million dollar house with people crossing through their backyard.  We are looking for some fairness and balance. I didn’t know you couldn’t build flats with a BHD and am disappointed. The project does not interest me with only townhouses. Mr. Grant said the Board does not fully understand the cost of recouping for an affordable unit. That is why a friendly 40B would have so many units. Mr. Seaver asked for guidance and if a BHD would be a good path for this site? Audience comments: Minutes for the Meeting of December 18, 2019 Page 7  Where would be the entrance from Emerson Gardens be located for the trail? There needs to be more parking for trail goers. Board Comments:  Did the developer meet with the residents? Mr. Seaver said not really.  We want a balanced approach but you need to look at other concepts.  The units presented do not relate well to the other units and do not add more building in the buffer zone. Maybe staff along with the chair can draft a letter to give the applicant more feedback. The Board th can discuss this further on January 8 to give the applicant more direction. *************************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: Site Plan Review: The Board discussed this article and discussed:  There should be better public notice, a public hearing, and advertised in the paper at least once.  Is there a downside to having it as a public hearing? Town Counsel recommended that this should not be a public hearing to distinguish it from a special permit.  We just need to talk about the first paragraph and can add details later. Ms. Tapper said this is just for a placeholder for the BOS to add to the warrant.  We need to add a paragraph for applicability.  We need a trigger for parking. On a motion of Mr. Hornig, seconded by Mr. Peters, it was voted 5-0, to request the BOS add a placeholder for this article to the warrant in substantially the form shown here for Site Plan Review with the changes made tonight. Zoning clarifications/ Technical changes: On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted 5-0, to request the BOS add a placeholder for this article to the warrant for zoning technical corrections with the details to be added later. Banks/ATM clarification: Page 8 Minutes for the Meeting of December 18, 2019 On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted 5-0, to request the BOS add a placeholder for this article to the warrant in substantially the form shown here for Banks and ATMs. Wireless for 5G: Design guidelines need to be added. On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted 4-0-1 (Richard Canale abstained), to request the BOS add a placeholder for this article to the warrant in substantially the form shown for Wireless for 5G. Odd Shaped lots: This amendment will be postponed and the Board needs to think about what the problem is and then staff can work on it. Concern was expressed that this is destroying the character of Lexington. Stormwater Technical Corrections: Engineering will be doing this. Solar: This is just to reduce restrictions to allow solar canopies. We need to address the setbacks and find balance and should look to move this to the Fall Special Town Meeting (FSTM). Ms. Loomis said this could be done in two parts. The first part would be applied to commercial applications for canopies over impervious surfaces like parking lots only. The second part for residential properties could be done for the next FSTM. On a motion of Mr. Hornig, seconded by Ms. Johnson, it was voted 5-0, to request the BOS add a placeholder for this article to the warrant in substantially the form shown here for Solar. Hartwell Avenue Initiative update by Ted Brovitz Consultant and including discussion of 40R Growth: Mr. Peters will be recused from this item. Mr. Hornig asked the Board Members if they want to support this article or react to it as a citizen petition. The majority of the Board felt the proposal was not ready to be a Board sponsored article in its current state. Minutes: On a motion of Mr. Canale, seconded by Mr. Hornig it was voted, 5-0, to approve the minutes of th November 12 and 20 as submitted. On a motion, duly made and seconded, it was voted to adjourn the meeting at 11:01 p.m. Minutes for the Meeting of December 18, 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. Cotting School, 453 Concord Avenue:  Cotting School response dated, December 13, 2019 (7 pages).  Layout Plan, dated December 13, 2019 (1 page).  Building detail plan, dated December 13, 2019 (1 page).  Drive Site Plan, dated December 13, 2019 (1 page).  Drive Site Plan Sheet, dated December 13, 2019 (1 page).  Parking Plan, dated December 13, 2019 (1 page). 2020 Annual Town Meeting Articles:  Draft Groundwater Bylaw (1 page).  Draft Short term Rental Bylaw (5 pages).  DRAFT Site Plan Review Amendment (1 page).  Memo for Planning Board on add shaped lots (4 pages).  Proposed Solar Bylaw (2 pages).  DRAFT ATM/Bank amendment (1 page).  Stormwater general bylaw amendment (1 page).  Chart of Possible 2020 ATM zoning Articles (1 page).  Nosie Bylaw BOS presentation (7 pages).  Discussion ideas (1 page). 840 Emerson Gardens Road:  Comments from DRT meeting (1 page).  Old Easement Plans (3 pages).  Proposed Sketch Plan, dated December 9, 2019 (8 pages).  Applicant Project Package (14 pages).  Conservation Restriction (1 page).  Photo of Proposed Building (1 page).  Photo 2 of Proposed Development (1 page).  Why a BHD instead of a Public Benefit (1 page).  Arlington Open Space Letter (1 page).  Town of Arlington Letter (1 page). Page 10 Minutes for the Meeting of December 18, 2019  Friends of Arlington’s Great Meadows letter (1 page).  Greenways Corridor Committee letter (1 page).  Attachment A: A series of alternative designs for the Emerson Gardens Project from Ginna Johnson (6 pages). Hartwell Avenue Zoning Initiative:  Proposed Development Guidelines, dated November 2019 (90 pages).  Draft Zoning for CM District, dated December 13, 2019 (2 pages).  Draft Zoning for Bedford Street, dated December 13, 2019 (1 page).  Draft Landscape zoning, dated December 13, 2019 (1 page).  Hartwell Avenue Map (1 page). Robert Peters, Clerk