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HomeMy WebLinkAbout2020-03-04-PB-min PLANNING BOARD MINUTES MEETING OF MARCH 4, 2020 Minutes of the Lexington Planning Board Held on March 4, 2020, in the Select Board’s Meeting Room, Town Office Building at 7:00pm Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters, Clerk; Ginna Johnson; and Richard Canale. Also, present was Amanda Loomis, Planning Director 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 7:03 p.m. on Wednesday, March 4, 2020. Mr. Creech stated that Article 46: Gross Floor Area (GFA) is being withdrawn by the Citizen Petitioner and therefore would not be acted upon by the Planning Board. Town Meeting 1. Amend Zoning Bylaw Public Hearing – Article 40 – Wireless Communication Facilities Robert Creech, Chair, opened the public hearing for Article 40: Wireless Communication Facilities and requested a presentation. Charles Hornig presented a PowerPoint presentation entitled Article 40: Wireless Communication Facilities. The presentation covered topics such as Why this change? and a review of Small Wireless Facilities. Mr. Creech requested comments from members of the Planning Board. The Planning Board provided the following comments.  Richard Canale requested clarification regarding the status of efforts by Carol Kowalski, Assistant Town Manager of Development relative to wireless communication. Mr. Hornig and Ms. Loomis provided clarification regarding the differences between the Planning Board and the efforts of Ms. Kowalski. Mr. Canale questioned if there have been other communities with bylaws relative to 5G wireless communication. Mr. Hornig provided a review of his research of other communities’ regulations.  Charles Hornig, Robert Creech, Ginna Johnson, and Robert Peters did not have any comments at this time and requested to hear from members of the public. Mr. Creech opened the floor for public comment. The following comments were provided. Mr. Creech recognized Kenneth Pogran, Communications Advisory Committee. It was noted that the passing of this Bylaw would bring the Town’s Wireless Communication into compliance with federal regulations. Mr. Pogran stated that the CAC voted to support the proposed Town Meeting Article on Wireless Communication Facilities. Mr. Creech requested clarification regarding wireless communication, in addition to providing examples of installation in Lexington. Members of the Planning Board provided questions and requested clarification from Mr. Pogran. Page 2 Minutes for the Meeting of March 4, 2020  Ginna Johnson requested clarification regarding the number of installations per block, and questioned if there was a way to regulate over-installation.  Robert Peters requested clarification regarding installation and stress on the pole, thereby requiring replacement of the pole.  Mr. Creech requested clarification as to whether if the CAC supported the proposed Bylaw to Town Meeting. Mr. Pogran stated that the CAC fully supports this article.  Mr. Canale requested clarification as to how the CAC would be involved in the review of the regulation of wireless installations. Mr. Canale further provided a review of the Somerville, MA regulations. Mr. Creech questioned the reach of the proposed regulations. Mr. Hornig stated that the proposed language meets the Federal Communication Commission (FCC). Mr. Creech reviewed various sections of the proposed language and requested modifications to the language. Mr. Creech requested clarification as to what the Planning Board was thinking.  Ms. Johnson stated that she did not have any objection as to what was being proposed.  Mr. Canale requested to review the policies being prepared by Ms. Kowalski prior to the proposed regulations.  Mr. Hornig requested a presentation of Ms. Kowalski relative to the proposed design guidelines. The Planning Board voted five in favor, zero in opposition, and zero in abstention to close the public hearing for Article 40: Wireless Communication Facilities for Annual Town Meeting. Charles Hornig moved that the Planning Board vote in favor of Article 40: Wireless Communications Facilities, as presented. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 4-0-1 (Richard Canale). Motion Passed 2. Amend Zoning Bylaw Public Hearing – Article 39 – Solar Energy Systems Robert Creech opened the public hearing on Article 39: Solar Energy Systems and then requested a presentation. Charles Hornig presented a PowerPoint presentation entitled Article 39: Solar Energy Systems. The presentation cover topics such as Why This Change?; State Law; Solar Energy System Types for Building- mounted, canopy, residential, large-scale; Changes: Uses; Use Classification; Design Standards; Future Work. Mr. Creech requested comments from members of the Planning Board. The members of the Planning Board requested comments from the public. Mr. Creech opened the floor for public comment. The following comments were provided.  A request for clarification regarding abutter notification for Solar Energy Systems in residential zoning districts. It was further requested as to where commercial solar energy systems are installed next to a residential property that the installation not be taller than what is permitted within a residential zoning district.  A statement of support of both residential and commercial solar energy systems within Lexington.  A statement of dismay for both commercial and residential still being heard together. Minutes for the Meeting of March 4, 2020 Page 3  A statement in opposition to allow solar energy system installations within setbacks.  A request for clarification as to whether the panels will get hot, will they be able to burn someone, what is the strength of the panels if a lacrosse ball hits them.  A statement that Sustainable Lexington voted to support the Solar Energy Systems, through all of its renditions of the bylaw. Mr. Canale stated that he would like to see the proposed regulations to better be able to evaluate the proposed zoning regulations. Mr. Creech requested clarification as to when such regulations would be able to be reviewed. Mr. Creech opened the floor again for public comments.  A member of the public read a letter from State Senator Mike Barrett, dated March 3, 2020. Mr. Creech provided an example of a solar installation in Burlington, MA and then requested additional comments from the Planning Board.  Mr. Peter stated that he was in support of moving both the commercial and residential proposal moving forward.  Ms. Johnson provided a consensus for the Planning Board to consider. Ms. Johnson reviewed a series of impacts that impact stormwater, trees, and the natural environment. Ms. Johnson stated that while she enthusiastically supports solar energy, she cannot support solar energy systems in the setbacks of properties.  Mr. Canale concurred with Ms. Johnson’s comments. Charles Hornig moved that the Planning Board vote to continue the public hearing to Thursday, March 5, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 3. Amend Zoning Bylaw Continued Public Hearing – Article 42 – 1050 Waltham Preliminary Site Development and Use Plan Present for the public hearing: Kevin Sheehan, Greatland Realty Partners Mr. Sheehan provided an overview of the project since the last public hearing, which included a recent meeting with the Select Board, development and review of the Memorandum of Understanding (MOU), in addition to amendments to the plans. Mr. Sheehan reviewed a letter submitted to the Planning Board, Re: 1050 Waltham Street, Planned Development District PD-5, Preliminary Site Development and Use Plan (PSDUP), dated March 4, 2020. Mr. Sheehan presented recent amendments relative to off- street parking. Mr. Creech requested comments from members of the Planning Board relative to off-street parking. The Planning Board provided the following comments.  Richard Canale requested clarification as to what Greatland Realty Partners commitment to lab space is, however, Lexington was previously burned by another project. Mr. Canale stated that the last thing Lexington wants is another office park. Mr. Canale stated that he was delighted with the proposed amendment relative to the off-street parking space demand. Mr. Canale went on to review the TDM, and questioned how employees would be incentivize to not drive to work in single occupancy vehicles. Page 4 Minutes for the Meeting of March 4, 2020  Richard Canale stated he was pleased about the commitment to providing at least 50% Lab space resulting in a need to garage a minimum (also the maximum per SPR Regulations) of 416 motor vehicle. He was pleased that the Site Plan Review (SPR) approval will limit the number of parking spaces to 416 and that the Applicant may subsequently seek an amendment to allow up to an additional 59 spaces if any tenant could justify the need.  Ginna Johnson questioned if the inclusion of basketball courts would not allow for solar canopies. Mr. Sheehan stated that the focus would be to install solar canopies and provided amenity space. Ms. Johnson questioned if the basketball amenity would be open to the public. Mr. Sheehan continued with his review of the Greatland Realty Partners’ letter with a focus on the shuttle service. The Planning Board provided the following comments.  Robert Peters requested clarification as to the duration of operation of the pilot shuttle service. Mr. Sheehan stated that the pilot program would be for six (6) months. Mr. Sheehan continued his presentation relative to height. Mr. Creech requested comments from members of the Planning Board relative to height. No comments were provided. Mr. Sheehan continued his presentation relative to Landscape Screening. Mr. Creech requested comments from members of the Planning Board relative to Landscape Screening. The Planning Board provided the following comments.  Ms. Johnson questioned if there would be any above ground utilities. The project team stated that there would not be any above ground utilities. Mr. Sheehan continued his presentation relative to sustainability. Mr. Creech requested comments from members of the Planning Board relative to sustainability. The Planning Board provided the following comments.  Ms. Johnson requested clarification as to whether the project will be LEED certified. Mr. Sheehan stated that the intent is that the project will be certified unless the program goes away. Mr. Sheehan continued his presentation relative to Wetland Enhancements. Mr. Creech requested comments from members of the Planning Board relative to Wetland Enhancements. No comments were provided. Mr. Sheehan continued his presentation relative to transportation improvements associated with Brookhaven. Mr. Creech requested comments from members of the Planning Board relative to transportation improvements. No comments were provided. Mr. Sheehan continued his presentation relative to vehicular circulation. Mr. Creech requested comments from members of the Planning Board relative to vehicular circulation. No comments were provided. Mr. Sheehan continued his presentation relative to signage. Minutes for the Meeting of March 4, 2020 Page 5 Mr. Creech requested comments from members of the Planning Board relative to signage. No comments were provided. Mr. Creech questioned if the Planning Board had any additional comments.  Mr. Canale questioned where the gross floor area (GFA) of the parking garage is located in the plan; if it is there, it needs to be easier to find.  Greatland has stated its intention to follow the Transportation Management Overlay District 1 (TMOD1) for this project. One of thise principles is a goal to reach 15 % employees reporting to work in other than a Single OccupantVehicle (SOV). The MOU and TDM Plan should be revised to reflect this goal relative to sixty-four (64) people not arriving to the site in a SOV. It was understood that there will be inclusion into the TDM Plan documentation as to how the Applicant intends to meet the obligations for equity regarding a “Cash Out Program”. Mr. Canale stated that the project should only be required to fix the issues associated with the project.  Mr. Peters complemented Greatland Realty Partners on the creative options incorporated into the project.  Ms. Johnson complemented Greatland Realty Partners in their efforts to partner with the Town on this project. Ms. Johnson stated that the project was about where she could support it, and offered a few revisions that should be considered. The Applicants project team addressed Ms. Johnson’s concern regarding signage and proposed dimensional control.  Mr. Hornig and Mr. Creech stated did not have any comments at this time. Mr. Creech opened the floor for public comment. The following comments were provided.  A request for clarification on the shuttle service, in addition to a statement of support for the payment of the T-shuttle pass and also the opportunity for citizens to ride the shuttle.  A request for clarification regarding TDM relative to $500,000 pedestrian and bicycle connections amenity improvements.  A question regarding traffic and congestion being greater than anticipated by the project, has Greatland Realty Partners considered alternative methods of traffic management (police staffing and signage).  A request for clarification regarding increased frequency of LexPress. Ms. Sheehan provided a review as to how the project will improve efforts to increase ridership.  A request for clarification as to how the project will mitigate interior light spillover. Mr. Sheehan provided a review of efforts that Greatland Realty Partners is considering that will be part of the site plan review process with the Planning Board. Attorney Grant thanked the Planning Board for review of the project and requested that the Planning Board take action on this project at this time. Charles Hornig moved that the Planning Board close the public hearing for the project at 1040-1050 Waltham Street. Ginna Johnson 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 recommend favorable action on Article 42: 1050 Waltham Preliminary Site Development and Use Plan, as amended tonight. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 4. Amend the Zoning Bylaw, Public Hearing for Article 35: Groundwater Present for the public hearing: James Kelly, Lexington Building Commissioner Page 6 Minutes for the Meeting of March 4, 2020 Robert Creech, Chair, opened the continued public hearing for Article 35: Groundwater and requested an update since the February 26, 2020, public hearing. Mr. Kelly provided a review of amendments to the proposed language since the February 26, 2020, public hearing. Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Charles Hornig questioned if the proposed language in Section 4.5.5 Relationship to Other Laws, is needed since its located elsewhere in the Zoning Bylaw. Mr. Hornig requested that Section 4.5.5 be stricken from the proposed language.  Ginna Johnson stated her appreciation for the amendments and the work efforts of staff. Mr. Creech opened the floor for public comment. No public comments were provided. Charles Hornig moved that the Planning Board close the public hearing for Article 35: Groundwater. 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 recommend favorable action to Annual Town Meeting on Article 35: Groundwater, with Section 4.5.5 Relationship to Other Laws be stricken. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 5. Amend the Zoning Bylaw, Public Hearing for Article 44: Bedford Street (Citizens Petition) Robert Creech, Chair, opened the public hearing and requested a presentation from the Citizen Petitioner. Robert Peters recused himself from Article 44: Bedford Street (Citizens Petition) and left the Select Board Meeting Room. Charles Hornig, as a citizen petitioner, presented a PowerPoint presentation entitled Article 44: Bedford Street near Hartwell Avenue, dated March 4, 2020. Said presentation presented Why This Change? Covering the property 475 Bedford Street. Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Ginna Johnson requested clarification as to the public outreach to abutters, in addition to public engagement.  Richard Canale requested clarification as to where residential housing could be located within the Hartwell Avenue area. Mr. Canale stated that this property at 475 Bedford Street seems to be a better site for multi-family housing and mixed use as has been previously proposed for this site. Mr. Canale stated that this property needs to be further studied with input from both the owner and the public.  Ms. Johnson stated that the site could become a high density office building. Ms. Johnson stated that the Town has a really exciting opportunity for a PD project. Minutes for the Meeting of March 4, 2020 Page 7 Richard Canale moved that the Planning Board close the public hearing for Article 44: Bedford Street (Citizens Petition). Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 3-0-0. MOTION PASSED Richard Canale moved that the Planning Board not recommend support to Annual Town Meeting for Article 44: Bedford Street (Citizens Petition). Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 3-1-0. MOTION PASSES Robert Peters entered the Select Board Meeting Room 6. Amend Zoning Bylaw Continued Public Hearing – Article 45 – Screening (Citizens Petition) Robert Creech, Chair, opened the continued public hearing and requested a presentation from the Citizens Petitioner. Charles Hornig, as a citizen petitioner, presented a PowerPoint presentation entitled Article 45: Front Year, Transition, and Screening Areas, dated March 4, 2020. Said presentation covered topics such as Why This Change?; Building Setback (A); Screening (B-D); Landscaping (E); and Practical Effect of the proposed topic of Article 45: Screening. Mr. Creech requested comments from members of the Planning Board. The following comments were provided.  Mr. Creech stated that he is not familiar with these properties, but questioned where on Massachusetts Avenue this is located.  Ginna Johnson stated that it would be expected that properties at the time of adoption of this provision were changing hands. Ms. Johnson stated that she does not understand what problem the proposal is fixing.  Robert Peters requested clarification as to which property owners would be impacted.  Richard Canale stated that this regulation has been on the books since the late 1970s and this is the first effort to amend this.  Mr. Creech requested clarification as to areas that this regulation impacts. Mr. Creech opened the floor for public comment. No public comments were provided.  A request for the Planning Director provide her opinion on this article.  A statement of support for the removal of said section. Ms. Johnson suggested modifying the language to require a streetscape similar to the suggestion of Ms. Loomis relative to the addition of trees. Mr. Hornig suggested that he meet with Planning Department staff prior to making an amendment. The Planning Board discussed potential amendments relative to the creation of a streetscape. Ginna Johnson moved to continue the public hearing on Article 45: Screening (Citizens Petition) to Thursday, March 5, 2020 at 7:00pm. Robert Peters seconded the motion. The Planning Board voted in favor of the motion 4-0-0. MOTION PASSED 7. Amend Zoning Bylaw Continued Public Hearing – Article 37 – Site Plan Review Page 8 Minutes for the Meeting of March 4, 2020 Robert Creech, Chair opened the continued public hearing. The Planning Board briefly discussed Article 37: Site Plan Review. Charles Hornig moved that the Planning Board continue the public hearing for Article 37: Site Plan Review to Thursday, March 5, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED 8. Amend Zoning Bylaw Continued Public Hearing – Article 43 – Hartwell Avenue Area (Citizens Petition). The Planning Board voted five (5) in favor, zero (0) opposed, and zero (0) in abstention to continue the public hearing for Article 43: Hartwell Avenue Area (Citizens Petition) to Thursday, March 5, 2020 at 7:00pm in the Parker Room. 9. Amend Zoning Bylaw Continued Public Hearing – Article 46: Gross Floor Area (Citizens Petition) Charles Hornig moved that the Planning Board accept the withdrawal without prejudice for Article: 46 Gross Floor Area as requested by the Citizen Petitioner. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 5-0-0. MOTION PASSED Board Administration 1. Minutes of February 26, 2020 The Planning Board reviewed the draft minutes of February 26, 2020. The Planning Board voted five (5) in favor, zero (0) in opposition, and zero (0) in abstention to approve the minutes of February 26, 2020 as presented. 2. Board Member and Staff Updates  No Member Report or Staff Updates were provided Adjournment The Planning Board voted five (5) in favor, zero (0) in opposition, and zero (0) in abstention to adjourn the March 4, 2020 Planning Board public meeting at 10:58 pm. . 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:  Draft language- Article 36 Short Term Rentals Amendment (3 Pages).  Draft language- Article 39 Solar Energy Systems Amendment 2.18.20 (3 Pages).  Draft language- Article 40 Wireless Communication Facilities Amendment 2.19.20 (6 Pages).  Draft language- Article 35 Groundwater Amendment (2 Pages). Minutes for the Meeting of March 4, 2020 Page 9  Draft language- Article 44 Bedford Street by Hartwell Avenue Amendment 2.14.20 (2 Pages).  Draft language- Article 43 Hartwell Avenue 2.14.20 (3 Pages).  Draft language- Article 45 Streetscape, Screening Amendment 12.4.19 (1 Page).  Draft language- Article 37 Site Plan Review Amendment 2.11.20 (1 Page).  Draft language- Article 38 Financial Services Amendment 11.19.19 (2 Pages).  Draft language Planning Board Recommendation - Article 38 Financial Services Amendment (3 Pages).  Draft language Planning Board Recommendation - Article 41 Technical Corrections Amendment (1 page). Robert Peters, Clerk of the Planning Board