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PLANNING BOARD MINUTES
MEETING OF JANUARY 22, 2020
Minutes of the Lexington Planning Board
Held on January 22, 2020, in the Selectmen’s Meeting Room, Town Office Building at 6:45pm
Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters; Ginna Johnson; and Richard Canale.
Also, present were Amanda Loomis, Planning Director; Eve Tapper; and Lori Kaufman, Department Assistant
Robert Creech, Chair, read the agenda into the record, introduced members of the Planning Board and Planning
Department Staff and called the meeting to order at 6:46 p.m. on Wednesday, January 22, 2020.
Board Administration
1. Security for 443 Lincoln Street Balanced Housing Development – Hobbs Brook
Present for the public discussion: Jeffrey Rhuda, Symes Development and Permitting, LLC
Robert Creech opened the public discussion regarding a request to provide security in lieu of two CO
presently held by the Town. Mr. Creech questioned if Mr. Rhuda had any questions or comments. Mr.
Rhuda provided no questions or comments.
Mr. Creech requested comments from members of the Planning Board. The following comments were
provided:
Charles Hornig requested clarification regarding items being requested by the Developer relative
to the letter from Sheila Page, Assistant Planning Director, RE: Balanced Housing Special Permit
Residential Development – 443 Lincoln Street – Hobbs Brood, dated January 22, 2020. Mr.
Rhuda provided a brief review of his concerns regarding the Gross Floor Area (GFA), but further
stated that they will comply with all other items outlined in the letter.
Robert Peters and Ginna Johnson did not have any comments at this time.
Mr. Creech reviewed the request and provided an outline of expectations.
Richard Canale requested clarification regarding the cost associated with winter storms and if the
security deposit was appropriate.
Mr. Hornig stated that the amount requested by the Planning Board for surety should not be less
than $125,000. Mr. Rhuda agreed to the requested amount of surety as proposed by the Planning
Board.
Charles Hornig moved that the Planning Board release the two (2) Certificate of Occupancy
(CO)s contingent on the completion of the three items outlined in the January 22, 2020 memo
and signed off by the Department of Public Works (DPW), in addition to a deposit of $125,000
surety in a suitable format accepted by the Town. Furthermore, the Building Commissioner
shall certify that the Gross Floor Area (GFA) meets the requirements as shown on the
approved plans. Richard Canale seconded the motion.
Mr. Rhuda introduced into the record an amendment to the fence type to be the same as the Grey
Oaks fence and the relocation of the adjacent path. The Planning Board discussed this matter.
Ms. Johnson stated that she would be recusing herself from the vote due to recusing herself from the
original project vote.
Page 2 Minutes for the Meeting of January 22, 2020
Mr. Hornig stated that staff shall hold all documents until all conditions are complied with by the
developer.
The Planning Board voted in favor of the motion 4-0-0. MOTION PASSED
2. Security Release for 1371, 1373, 1375, 1377 Massachusetts Avenue Balanced Housing Development
Present for the public discussion: Todd Cataldo, Sheldon Corporation Inc.
Robert Creech opened the public discussion for the requested release of security deposit for the properties
at 1371, 1373, 1375, and 1377 Massachusetts Avenue. Mr. Creech requested clarification regarding the
status of the private pathway. Mr. Cataldo provided a brief update.
Charles Hornig moved that the Planning Board vote to release the security bond held for the properties
at 1371, 1373, 1375, and 1377 Massachusetts Avenue. Richard Canale seconded the motion. The
Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Charles Hornig moved that the Planning Board allow for Robert Creech to sign-off for the Planning
Board on the release of security. Richard Canale seconded the motion. The Planning Board voted in
favor of the motion 5-0-0. MOTION PASSED
3. Public Hearing: 109 Reed Street – Definitive Subdivision Plan
Present for the Public Hearing: Michael Capachietti, EIT, Meridian Associates; and Todd Cataldo,
Sheldon Corporation Inc.
Robert Creech opened the public hearing at 7:06 p.m. and requested a presentation from the applicant.
Mr. Capachietti provided a brief presentation of the project including a review of existing conditions,
natural and manmade features, the filing of an ANRAD application with the Conservation Commission,
as well as review of soil testing and associated items. Furthermore, Mr. Capachietti provided a review of
the number of proposed lots, the stormwater management system, the roadway, review of the topography,
and landscaping.
Mr. Creech requested comments from members of the Planning Board. The following comments were
provided.
Ginna Johnson requested clarification regarding the species of trees being proposed for the
project. Ms. Johnson suggested an alternative to the White Ash due to the Ash Bore. Ms. Johnson
requested clarification regarding Lot D being located within the one-hundred (100) foot buffer
and the location of the proposed house. Mr. Capachietti provided a review of the three (3)
required Conservation Commission Notice of Intent (NOI) filings. Ms. Johnson requested further
clarification regarding the location of the stormwater management system and why such systems
was not located under the landscaped cul-de-sac. Ms. Johnson questioned the total number and
caliper of the trees being removed. Mr. Capachietti stated that forty-five (45) trees would be
removed for a total of six-hundred and thirteen (613) diameter at breast height (DBH). It was
noted that presently there are four-hundred and seventeen (417) trees on-site, totaling five-
thousand one-hundred and eighty-two (5,182) caliper inches.
Charles Hornig requested copies of drafts, easement, covenants, etc. for the Planning Board to
review. Mr. Hornig requested clarification regarding the proposed water system and whether it
would be looped or not. Mr. Hornig stated that he strongly suggests access is provided to the
Minuteman Commuter Bikeway. Mr. Cataldo questioned if the pathway leading to the
Minuteman Commuter Bikeway had to be ADA accessible. Mr. Hornig requested information
about the proposed water lines and if the project would be connected to gas. Mr. Hornig
Minutes for the Meeting of January 22, 2020 Page 3
questioned if the roadway had a name. Mr. Cataldo stated that they would be naming the road
Tiffany Way after the previous owner.
Richard Canale requested a copy of plans for the proposed pathway. Mr. Canale requested
clarification as to how the developer would relocate or manage the existing stonewall. Mr. Canale
requested further clarification regarding the existing house. Mr. Cataldo provided a brief review
of the intentions for the stonewall and that the house would be razed.
Robert Peters stated that he did not have any comments at this time.
Mr. Canale questioned if the developer has considered relocating the stones from the stonewall.
Mr. Creech opened the floor for public comment. The following public comments were provided:
A statement regarding the clearance of trees and the number of lots being proposed.
A statement of appreciation knowing that the name of the road will be Tiffany Way after a long
time resident.
A statement regarding the location of the stone wall within the project.
A statement regarding the path to the Minuteman Commuter Bikeway, and further request that
quick access to the Minuteman Commuter Bikeway is provided.
The Planning Board concluded the public hearing with questions about the easement requested
by the Department of Public Works (DPW) which Mr. Cataldo agreed to grant to the Town. In
addition, the Planning Board requested clarification regarding the loss of trees and the ability to
save some of the trees.
Charles Hornig moved that the Planning Board continue the public hearing to Wednesday,
February 12, 2020 at 7:00 p.m. in the Selectmen’s Meeting Room. Ginna Johnson seconded
the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
4. 1050 Waltham Street – Amend Zoning By-law and Map
Present for the public hearing: Kevin Sheehan and Phil Dorman, Greatland Realty Partners; Edmund
Grant, Esq., Nicholson, Sreter & Gilgun; Robert Michaud, P.E., MDM Transportation; Steve Woods, IBI
Placemaking; Kristen O’Gorman, SGA; Nicholas Skoly, VHB; Peter Tamm, Esq., Goldston and Storrs
Robert Creech, Chair, opened the public hearing at 7:43 p.m. and requested a presentation from the
applicant.
Mr. Sheehan presented the project to the Planning Board. The presentation included an overview of
Greatland Realty Partners, a review of the existing conditions of the property, amendments to the
proposed project since the November 2019 letter of comment from the Town, along with a brief review of
the proposed project.
Ms. O’Gorman provided a review of the proposed building, interior layout and amenity space, in addition
to amendments to the architecture of the structure. Ms. O’Gorman further reviewed the interior layout of
the parking garage which included potential screening options (living façade) and inclusion of solar.
Mr. Woods provided a review of the landscaping, circulation of the site, and accessibility all relative to
pedestrian and appearance of the project from the street.
Mr. Skoly provided a review of the project that focused on utilities stating that all utilities will tie into
Waltham Street, in addition to stormwater management, and the required filing of a Notice of Intent
(NOI) with the Conservation Commission relative to enhancing wetland plantings.
Page 4 Minutes for the Meeting of January 22, 2020
Mr. Michaud reviewed bicycle lanes, visibility, considerations of Brookhaven, review of public
transportation, and review of off-street parking
Attorney Tamm provided an overview of the proposed amendments relative to the Annual Town Meeting
Article, in addition to Proposed Development Data (Existing Zoning – CLO vs. Proposed Zoning (PD-5).
Attorney Tamm further mentioned the Memorandum of Understanding (MOU) and the status of the
document.
Mr. Sheehan provided a review of the draft MOU, project benefits that touched upon transportation,
sustainability, design, etc.
Mr. Creech requested comments from the Planning Board. The following comments were provided:
Robert Peters provided compliments relative to the revisions. Mr. Peters stated his concerns
regarding the off-street parking provided, and requested information relative to the employee
population. Mr. Peters provided his support for the solar canopy – questioning if the parking
garage would shade the residents at Brookhaven.
Ginna Johnson provided support for the project but did not feel fully comfortable with the project
as designed. It was noted that the project remains urban. Ms. Johnson requested clarification
regarding pedestrian flow through the project. Ms. Johnson reviewed the accessibility of the
project, the amenity space to the north of the property, and site access. Ms. Johnson provided a
review of the materials utilized for the façade and requested that the parking garage and the
building be unified. Ms. Johnson concluded her comments noting concerns with the penthouse,
relative to the height.
Charles Hornig stated that he was happy with the proposed changes. Mr. Hornig provided
comments that were technical in nature about the parking garage, fire access on Waltham Street,
and site circulation. Mr. Hornig provided a technical review –of Section 3.1, 3.2, and 6.1 of the
Zoning Bylaw.
Richard Canale agreed that the project has been improved since it was last presented to the
Planning Board. Mr. Canale stated confusion about the off-street parking, in addition to concerns
regarding extra off-street parking spaces for other uses. Mr. Canale stated that he had similar
questions about the technical questions proposed by Mr. Hornig. Mr. Canale requested
clarification about the twenty-five (25) percent design. Mr. Canale questioned if the applicant
had received comments from the Town that were sent earlier in the day.
Mr. Creech requested shuttle service for employees and greater energy usage awareness. Mr.
Creech requested clarification regarding the phasing of construction. Mr. Creech questioned if it
was an option to prewire the garage for the installation of future electric vehicle charging
stations. Overall, Mr. Creech stated his support for the project.
Mr. Creech opened the floor for public comment. The following comments were provided:
A suggestion for public transportation to and from Alewife.
A statement that commuters will not do three (3) modes of transportation, they will do one (1)
and possibly two (2), but not three (3).
A statement of concern regarding shadows, noise pollution, and light pollution, followed by an
urge to the developer to be concerned about the impacts on the abutters.
A statement regarding the reverse shuttle for the public is more preferable, in addition to
providing transportation options.
A question about heating and cooling – heat by electricity or natural gas.
The Planning Board provided additional comments for the development team to consider.
Minutes for the Meeting of January 22, 2020 Page 5
Mr. Canale stated his appreciation of the renderings of the site views in the winter, followed by a
request for evening sketches.
Ms. Johnson requested compliance with the Lexington Sign Bylaw.
Mr. Hornig stated that the Planning Board would want to see input from the Department of Public
Works (DPW).
Charles Hornig moved that the Planning Board continue the public hearing to Wednesday,
February 12, 2020 at 7:00 p.m. in the Selectmen’s Meeting Room. Richard Canale seconded
the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Town Meeting
1. Amend Zoning By-law Public Hearing – Financial Services
Robert Creech opened the public hearing at 9:29 p.m. for the Financial Services Annual Town
Meeting Article.
Charles Hornig provided an overview of Financial Services Town Meeting (ED-K: Financial Services).
Such review included the background for such amendment, the need for the amendment, and the proposed
language.
The Planning Board briefly discussed the proposed topic and the article.
Mr. Creech opened the floor for public comment. The following comments were provided:
A statement of support for the proposed article, with a request for clarification regarding
accessory uses of ATMs.
The Planning Board provided additional comments. Ginna Johnson questioned if the Center
Committee had reviewed the draft article and whether they were ok with it or not. Mr. Creech
responded that he had emailed a copy of the proposal to Center Committee members Michelson,
Levin and Beaudette some weeks earlier and had received no reply. He said that he would follow
up.
Charles Hornig moved that the Planning Board voted to close the public hearing at 9:45 p.m.
for the Financial Services Article for Annual Town Meeting. Robert Peters seconded the
motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Charles Hornig moved that the Planning Board vote to make a favorable recommendation to
Annual Town Meeting on the Financial Services Article.
Richard Canale stated that he would like to think about the language prior to voting.
Motion was not seconded. MOTION FAILED
Mr. Creech requested a straw poll to determine the will of the Planning Board. Members of the
Planning Board support the article with a few minor edits.
2. Amend Zoning By-Law Public Hearing – Technical Corrections
Robert Creech opened the public hearing at 9:48 p.m. for the Technical Corrections Annual
Town Meeting Article.
Eve Tapper provided a brief presentation of the proposed article. Charles Hornig provided a brief review
of the history associated with the proposed amendments.
Mr. Creech opened the floor for public comment. No comments were provided.
Page 6 Minutes for the Meeting of January 22, 2020
Charles Hornig moved that the Planning Board vote to close the public hearing at 9:53 p.m.
for the Technical Corrections Article for Annual Town Meeting. Richard Canale seconded the
motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Charles Hornig moved that the Planning Board vote to make a favorable recommendation to
Annual Town Meeting on the Technical Corrections Article. Richard Canale seconded the
motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
3. Amend Zoning By-Law Public Hearing – Site Plan Review
Robert Creech opened the public hearing at 9:54 p.m. for Site Plan Review Annual Town
Meeting Article.
Charles Hornig presented a brief presentation to the Planning Board regarding the proposed amendments
to Site Plan Review.
Richard Canale requested clarification regarding the number of off-street parking spaces that would
trigger the need for site plan review.
Ms. Loomis requested that the Planning Board not close the public hearing and continue the discussion to
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February 12.
Mr. Canale requested clarification regarding the notification to abutters. Both Ms. Loomis and Mr. Hornig
provided the requested information.
Ginna Johnson stated that the trigger should not be anything greater than ten (10). Ms. Johnson further
stated that the Planning Board needed to provide language associated with a modification of a previously
approved site plan.
Mr. Creech also supported a ten (10) parking space trigger for Site Plan Review.
Mr. Canale stated his concerns regarding notice to abutters, especially about renters vs. landowners and
who receives notification.
Mr. Creech opened the floor for public comment. The following comments were provided.
A statement of opposition relative to the elimination of advertising in the Minuteman Newspaper.
Charles Hornig moved that the Planning Board continue the public hearing to Wednesday,
February 12, 2020 to 7:00 p.m. in the Selectmen’s Meeting Room. Richard Canale seconded
the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED
Board Administration
1. Meeting Schedule
The Planning Board discussed meeting dates for the month of March. The Planning Board concurred to
ththth
meet on both March 4 and March 11. Ginna Johnson stated that she would be away for March 11
meeting. Mr. Creech stated he that he would be away April 2 through April 17.
Charles Hornig announced an invite received from the League of Women Voters relative to an event held
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on February 13. The Planning Board discussed the invited and suggested that the Planning Board put it
on their agenda and post the meeting.
2. Board Member and Staff Updates
Eve Tapper announced that this was her last meeting with the Planning Board. The Planning
Board thanked Ms. Tapper for her service to the Town of Lexington.
Minutes for the Meeting of January 22, 2020 Page 7
Members of the Planning Board did not have any updates.
3. Minutes of January 15, 2020
The Planning Board reviewed the draft minutes of January 15, 2020.
Robert Peters moved that the Lexington Planning Board approve the minutes of January 15, 2020.
Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0.
MOTION PASSED
Adjournment
Robert Creech moved that the Planning Board adjourn the meeting of January 22, 2020. Robert
Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION
PASSED
The Planning Board adjourned the meeting of January 22, 2020, at 10:36 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.
443 Lincoln Street BHD:
Project decision dated 7.26.18 (16 pages).
Conservation Order of Conditions (28 Pages).
Staff Site Visit photos captured 1.14.20 (3 pages).
Remaining items for applicant to complete (2 pages).
1371- 1377 Massachusetts Avenue:
Project decision dated 7.13.11 (7 pages).
As-built dated 1.15.20 (1 page).
Compliance letter (2 pages).
2020 Annual Town Meeting Articles:
Draft language Site Plan Review Amendment (2 page).
Draft language financial services amendment (2 pages).
Draft language technical corrections amendment (1 page).
1050 Waltham Street PSDUP:
Project cover letter dated 12.19.19 (4 pages).
Project application dated 12.19.19 (5 pages).
Petition for zoning change (4 pages).
PSDUP proposed zoning text (9 pages).
Page 8 Minutes for the Meeting of January 22, 2020
Parking and transportation Demand management plan, dated 12.17.19 (6 pages).
Non-regulatory plans dated 12.19.19 (7 pages).
Environmental Impact and Infrastructure Assessment, dated 12.19.18 (48 pages).
Traffic study (67 pages).
Traffic Study appendix (297 pages).
Final Impact analysis dated 12.17.19 (14 pages).
Attorney’s support letter, dated 12.18.19 (6 pages).
Applicant’s response to Planning Board comments dated 12.19.19 (11 pages).
Regulatory plan set, dated 12.19.19 (8 pages).
109 Reed Street:
Project cover letter and application dated 12/4/19 (11 pages).
Stormwater report dated 12.4.19 (156 pages).
Proposed definitive subdivision plan set (14 pages).
Staff comments (4 pages).
Robert Peters, Clerk of the Planning