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HomeMy WebLinkAbout2020-02-12-PB-min PLANNING BOARD MINUTES MEETING OF FEBRUARY 12, 2020 Held on February 12, 2020, in the Select Board Meeting Room, Town Office Building at 7:00pm Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters; Ginna Johnson; Richard Canale and Michael Leon, Associate Planning Board Member. Also, present were Amanda Loomis, Planning Director; Sheila Page, Assistant Planning Director; 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 7:00 p.m. on Wednesday, February 12, 2020. Development Administration 1. Special Permit Modification for 443 Lincoln Street Balanced Housing Development – Hobbs Brook Ms. Johnson was recused from this project. Michael Leon, Associated Member of the Planning Board participated in the review of the Special Permit Modification for 443 Lincoln Street, Hobbs Brook. Present for the public discussion: Jeffrey Rhuda, Symes Development and Permitting, LLC; and Mr. Latham, attorney. Sheila Page provided an overview of the Applicant of Hobbs Brook request for occupancy, in addition to a review of four (4) outstanding items that need to be addressed by the Developer. It was noted that the Town Engineer has reviewed all of the outstanding items and that the Conservation Commission will be requiring review of the project as well. Ms. Page requested clarification from the Planning Board as to how to manage the increase in gross floor area (GFA) differences, whether this can be a field change or require a special permit modification (minor or major). Mr. Creech requested comments from members of the Planning Board. The following comments were provided:  Robert Peters requested clarification as to what constitutes a field change. Mr. Rhuda provided a review of what was constructed vs. what was approved. It was noted that the difference in the calculation of impervious area is different if the measurement is from the building wall compared to the roof dripline. Mr. Rhuda stated that the roadway has been constructed and is in binder form. Prior to the top coat being installed, Mr. Rhuda has agreed to trim down the edges of the pavement to what was approved by the Planning Board.  Charles Hornig requested clarification between the differences of a crawl space vs. a full basement. Mr. Hornig stated that what was required and approved by the Building Commissioner is what is supposed to be constructed. Mr. Hornig reviewed what was applied for in the building permit and stated that a special permit modification may be needed.  Richard Canale reviewed the email from Mr. David Fields whom was the prior Planner. Mr. Canale and Mr. Rhuda had a conversation regarding the differences in the recorded decision and what was constructed.  Mr. Hornig requested that the Applicant request a modification to the approved plan.  Michael Leon provided a review as to what a minor modification is compared to what took place in the project. There is a significant increase in GFA that is almost equal to construct another unit. Mr. Leon questioned how lenders would view such differences in what was approved by the Planning Board and what was constructed. Page 2 Minutes for the Meeting of February 12, 2020  Robert Peters stated that he did not have any additional comments at this time.  Mr. Creech requested clarification as to what the units with the crawl spaces sold for compared to the units with full basements. Mr. Creech noted that the Applicant does not appear to have added the extra space intentionally. Attorney Latham provided a review of the February 12, 2020 letter RE: Balanced Housing Special Permit Residential Development – 443 Lincoln Street – Hobbs Brook, dated February 12, 2020. The Planning Board provided additional comments.  Mr. Canale stated that the Planning Board does not encourage developers to construct structures at the maximum allowed. Such practice prohibits homeowners from expanding the unit in the future. Mr. Canale stated that it appears that such discrepancies warrant a special permit for modification.  Mr. Hornig stated that such modification may warrant a minor modification due to the circumstance.  Mr. Peters stated that he was in support of treating such modification as minor given the circumstances. Members of the Planning Board discussed the need for a modification and concurred that such an amendment should be reviewed as a minor modification. The Planning Board discussed the need for mitigation for the increase in the number of square feet. The Planning Board voted four (4) in favor, one (1) in opposition, and zero (0) abstention to review 443 Lincoln Street Balanced Housing Development – Hobbs Brook as a minor modification (Mr. Canale voted in opposition). The Planning Board discussed the need for the Developer to pay funds towards an affordable housing account. Mr. Leon provided reasoning as to the need to require the Developer to mitigate the error in additional GFA. Mr. Leon stated that a special permit modification as being considered allowed for an additional twenty-five hundred (2,500) square feet of additional space be constructed in Units Five (5) and Six (6). Therefore, since there was an additional $10,000 per unit gained and to discourage developers from adding additional GFA in the future. The Planning Board should condition the approval of the modification with a contribution of seventy-five thousand (75,000) dollars. Such funds shall be deposited in a separate account from the General Fund and be utilized for affordable housing in Lexington. The Planning Board discussed the amount that they should request the Developer to provide for the purposes of affordable housing in Lexington. Michael Leon moved that the Planning Board grant approval for the minor modification of the additional twenty-five hundreds (2,500) square feet of Gross Floor Area added between Units Five (5) and Six (6), with the condition that the Developer made a seventy-five thousand (75,000) dollar contribution to the Town Minutes for the Meeting of February 12, 2020 Page 3 for affordable housing. Charles Hornig seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED The Planning Board further stated that the Developer would still be required to trim down the pavement prior to installing the top coat as shown in the approved plan. Charles Horning moved that the Planning Board allow the Planning Board Chair to sign the Decision. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED Michael Leon exited the Planning Board Meeting at 7:57pm and Ginna Johnson rejoined the Planning Board Meeting at 7:57pm. Town Meeting 1. Article 39 – Discussion of Proposed Zoning Bylaw Amendment – Solar Energy Systems th Charles Hornig provided a review as to why the public hearing was being held on March 4 and tonight would be a public discussion. Mr. Hornig presented a PowerPoint Presentation entitled Public Discussion, Article 39: Solar Energy Systems, dated February 12, 2020. Said presentation addressed Why this change; Solar Energy System Types; Accessory Uses; Principal Use; Changes: Accessory use only; Changes: Principal use only; Changes: Standards; Design Standards; Future Work. Robert Creech, Chair, requested comments from members of the Planning Board. The following comments were provided:  Richard Canale requested clarification on limiting the size of the system. Ms. Loomis and Mr. Hornig provided clarification that it would be based on the site. Mr. Canale questioned why the total roof top and ground mounted for residential is not capped at 25kW? That could allow roof top mounts in addition to 25kW for residential ground mounted.  Ginna Johnson stated her support for electric power that has no carbon emission, but also stated her concern regarding the installation of solar within the set back and losing mature trees. Ms. Johnson stated that she is willing to support solar for commercial but was not ready to support solar for ground mounted residential at this time.  Robert Peters and Robert Creech concurred with Ms. Johnson’s comments.  Mr. Creech reviewed the various sizes of lots. Mr. Creech proposed that the size of the system be characterized by the size of the lot relative to residential installation. Mr. Creech opened the floor for public comment. The following public comments were made.  A statement of support for the proposed solar article. The speaker stated that the proposal is an opportunity for people to electrify their house. Followed by a statement that the Planning Board should move forward with residential.  A statement that Sustainable Lexington is in full support of the proposed article. It was noted that Sustainable Lexington voted to support of the article even as amended since they reviewed it in July of 2019. Page 4 Minutes for the Meeting of February 12, 2020  It was requested that the Planning Board remove the residential component from the proposal. There are a series of concerns and questions relative to solar installation on residential properties.  A letter of support for the proposal of Solar Energy Systems was read.  A statement of advice to not act in haste since there were concerns for the issues with the installation of ground-mounted in residential zoning districts.  A question as to what the impacts of solar canopies would have on stormwater.  A statement of support for the commercial but not the residential at this time. The Planning Board stated that the opening public hearing would be held on Wednesday, March 4, 2020 at 7:00 p.m. in the Select Board Meeting Room. 2. Article 45 – Discussion of Proposed Zoning Bylaw Amendment – Front Yard, Transition and Screening Areas. Robert Creech, Chair introduced the topic as a public discussion and then turned the floor over to Charles Hornig for a presentation. Mr. Hornig presented a PowerPoint presentation entitled: Front Yard, Transition and Screening Areas dated February 12, 2020. The presentation included discussion on Why this change?; Building Setback (A); Screening (B-D); Landscaping (E); Motion. Mr. Creech requested comments from members of the Planning Board. The following comments were provided:  Richard Canale requested that Mr. Hornig send the PowerPoint to staff in order to be sent to other members of the Planning Board and posted to the Town’s website.  Ginna Johnson stated her concerns about the impacts that the proposal would have on other parcels within the Town.  Mr. Canale questioned as to how to resolve issues associated with this article. Mr. Creech opened the floor for public comment. No public comment was provided. Members of the Planning Board discussed the article and the need for further review of the impacts on the project. Specific questions were asked about how many properties would be impacted by such change, what the impacts would be to the streetscape, why is the present law not being enforced. The Planning Board stated that the opening of the public hearing would be held on Wednesday, February 26, 2020. Development Administration 1. 109 Reed Street – Definitive Subdivision Plan – Continued Public Hearing Present for the Public Hearing: Michael Novak, Meridian Associates; and Todd Cataldo, Sheldon Corporation Inc. Robert Creech, Chair, opened the continued public hearing at 9:06 p.m. and requested an update from the Applicant. Mr. Novak reviewed amendments made to the site plan since the January 22, 2020 Planning Board public hearing. Minutes for the Meeting of February 12, 2020 Page 5 Mr. Creech requested comments from members of the Planning Board. The following comments were provided:  Ginna Johnson stated that she was pleased with the number of trees and the placement of the street trees. Ms. Johnson requested clarification as to whether the stormwater system could be shifted down the roadway.  Richard Canale requested clarification as to where the stones from the stonewall could be reutilized on the property. It was asked if the developer had an issue with adding a condition that all stones and stonewalls stay on site.  Charles Hornig requested clarification regarding street lighting. Mr. Novak stated that the project includes two street lights along the roadway. Mr. Hornig stated his dismay relative to the loss of the large pine trees. Mr. Hornig requested consideration for a trail connecting the end of the proposed Tiffany Way to Essex Street.  Ms. Johnson stated her support conceptually with Mr. Hornig but is there a precedent relative to other projects where foot paths were not required?  Robert Creech referenced a recent site visit and noted that, from a point on Reed Street in front of the project property, the distance to Essex Street whether traversed on existing streets or through the project property, is short. Mr. Creech questioned if the roadway could be named Kay Tiffany Way. Members of the Planning Board and the Applicant did not have an issue and provided support for use of the full name. Mr. Creech also mentioned that the spelling of the first name (Kay) needed to be verified. Mr. Creech opened the floor for public comment. The following public comment was provided.  A statement of recommendation for the improvement of the Essex Street pathway that leads to the Minuteman Commuter Way. The Planning Board and the Applicant reviewed a draft decision for the project. Members of the Planning Board discussed the access to the Minuteman Commuter Way and that connection of neighborhoods is important. It was a request for better transportation options rather than providing an easement to the bicycle pathway. The Planning Board voted five (5) in favor, zero (0) in opposition, and zero (0) in abstention to close the public hearing for the project at 109 Reed Street at 9:54 p.m. Charles Hornig moved that the Planning Board require the Applicant to provide access from the project onto Essex Street. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 3-2-0 (Ginna Johnson and Robert Creech opposed). MOTION PASSED Richard Canale moved that the Planning Board require the Applicant rebuild the stonewall along the property frontage of Reed Street with the stones from the existing stonewall. Charles Hornig seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED Town Meeting 1. Article 42 – 1050 Waltham Street – Amend Zoning Bylaw and Map – Continued Public Hearing PSDUP Page 6 Minutes for the Meeting of February 12, 2020 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 continued public hearing at 9:59 p.m. and requested a presentation from the applicant. Mr. Sheehan presented a series of amendments made to the project since the January 22, 2020 public hearing. Followed by a presentation on the revised architecture, inclusion of sign locations, and site circulation by Ms. O’Gorman. Mr. Creech requested comments from the Planning Board. The following comments were provided:  There are too many parking spaces - more than 400 is not needed.  Transportation mitigation needs to require transportation equity for employees who do not drive a single occupancy vehicle.  The height maximum is from where to where?  In the text clarify that nothing can happen in the buffer area.  Need a commitment to net zero and fossil free energy.  Sidewalk and pavement markings need to be minimized.  Consider an exit only on the northern curb cut.  There is way too much signage this is 4 times the size allowed by the bylaw.  Add transition zones to the dimensional standards.  Incentivize people to get out of their vehicles, which is important.  There is too much parking.  The Solar canopies are excellent.  Consider geothermal to get as close to net zero as possible. Mr. Creech opened the floor for public comment. The following comments were provided:  Was hoping for more information on the transportation. What specific services would be available to employees and town residents? Mr. Sheehan said there would be a shuttle to Alewife and provide contributions to Lexpress.  A resident from Brookhaven asked about the light spill and ambient noise from the proposed project.  Look at geothermal to heat the building.  There is support for this project; they have worked with residents at Brookhaven to make it the best plan.  The tax revenue will be very important and this is on the right track. Charles Hornig moved that the Planning Board continue the public hearing to Wednesday, March 4, 2020 at 7:00p.m., in the Select Board Meeting Room. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. 2. Article 37, Amend Zoning By-law Public Hearing – Site Plan Review, Robert Creech, Chair opened the continued public hearing at 10:50 p.m. Annual Town Meeting Article, Site Plan review. Charles Hornig moved that the Planning Board continue the public hearing without testimony to Wednesday, February 26, 2020 at 7:00p.m. in the Select Board Meeting Room. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED. 3. Article 38, Amend Zoning By-Law Public Hearing – Financial Services. The Board will discuss a letter from the Center Committee at the next meeting. Board Administration 1. Belmont Country Club Land (Map 3, Lot 15 and Map 3, Lot 16)MGL Chapter 61B Notice of Intent to sell recreation Land/Right of First Refusal-Recommendation to the Select Board The Planning Board briefly discussed the right of first refusal for the Belmont Country Club property. Minutes for the Meeting of February 12, 2020 Page 7 Charles Hornig moved that the Planning Board vote to not recommend action on the Right of First Refusal for the Belmont Country Club Land. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 2. Meeting Schedule The Planning Board briefly discussed the prospective agenda. 3. Board Member and Staff Updates  No Member Report or Staff Updates were provided 4. Minutes of January 22, 2020 The Planning Board reviewed the draft minutes of January 22, 2020. Richard Canale moved that the Lexington Planning Board approve the minutes of January 22, 2020. Charles Hornig 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 February 12, 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 February 12, 2020, at 10:58 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. 2020 Annual Town Meeting Articles:  Revised draft language, Article 37 Site Plan Review Amendment 2.6.20 (2 page).  Revised draft language, Article 38 Financial Services Amendment (2 pages).  Proposed draft language, Article 39 Solar Energy Systems Amendment 2.5.20 (7 pages).  Proposed draft language Article 45, Citizen Petition Front Yard, Transition, and Screening area Amendment 12.20.19 (1 page).  Presentation for Article 45, Front Yard Transition and Screening Areas dated February 12, 2020.  Presentation for Public Discussion Article 39, Solar Energy Systems dated February 12, 2020. Article 42, 1050 Waltham Street PSDUP:  Proposed language PSDUP proposed language with tracking changes (11 pages).  Proposed language PSDUP proposed language without tracking changes (9 pages).  Parking and Transportation Demand Management (PTDM) plan, dated 2.5.20 with tracking changes (8 pages). Page 8 Minutes for the Meeting of February 12, 2020  Final draft PTDM plan (8 Pages).  Concept Plan dated 2.5.20 (1 page).  Revised Regulatory plan set, dated 2.5.20 (8 pages). 109 Reed Street:  Engineering staff comments to applicant 2.4.20 (2 pages).  Draft Covenant (4 Pages).  Draft Easement (3 Pages).  Draft Homeowners Association (5 Pages).  Supplemental Covenant (5 Pages).  Revised Stormwater report dated 2.5.20 (110 pages).  Drainage Subcatch plans (4 Pages)  Revised Definitive Subdivision plan set 2.5.20 (15 pages). 443 Lincoln Street BHD:  Project decision dated 7.26.18 (16 pages).  Conservation Order of Conditions (28 Pages).  Developer’s Engineer Response 1.20.20 (12 Pages).  GFA and Impervious as-builts 1.29.20 (9 Pages).  CO sign off Engineer’s comments 2.3.20 (1 Page).  Applicant’s response to regarding GFA 2.5.20 (2 Pages).  Steps to CO 1.22.20 (2 Pages). Belmont Country Club:  Notice of Intent to sell recreation land 1.27.20 (72 Pages). Moderate Income:  Moderate Income Standards updated 2.5.20 (3 Pages). Robert Peters, Clerk of the Planning Board