HomeMy WebLinkAbout2020-04-07-PB-min
PLANNING BOARD MINUTES
MEETING OF APRIL 7, 2020
Minutes of the Lexington Planning Board
Held on April 7, 2020, Virtual Meeting per Governor Baker’s Order at 7:00pm
Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; 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 7:00 p.m. on Tuesday, April 7, 2020. He noted that Mr.
Peters had a conflict and that he would join the meeting as soon as he was able.
Mr. Creech read the following statement relative to the recent outbreak of COVID-19.
Good evening. This meeting of the Lexington Planning Board is being conducted remotely consistent
with Governor Baker’s Executive Order of March 12, 2020, due to the current State of Emergency in the
Commonwealth due to the outbreak of COVID-19.
In order to mitigate the transmission of COVID-19, we have been advised and directed by the
Commonwealth to suspend public gatherings, and as such, the Governor’s Order suspends the
requirement of the Open Meeting Law to have all meetings in a publicly accessible physical location.
Further, all members of public bodies are allowed and encouraged to participate remotely.
The Order, which you can find posted with agenda materials for this meeting allows public bodies to
meet entirely remotely so long as reasonable public access is afforded so that the public can follow
along with the deliberations of the meeting.
Ensuring public access does not ensure public participation unless such participation is required by law.
This meeting will feature public comment. For this meeting, the Lexington Planning Board is convening
by video conference via Zoom as posted on the Town’s Website identifying how the public may join.
Please note that this meeting is being recorded, and that some attendees are participating by video
conference.
Accordingly, please be aware that other folks may be able to see you, and that take care not to “screen
share” your computer. Anything that you broadcast may be captured by the recording.
Development Administration
1. 9 Bushnell Drive/ 277, 287, 295 Waltham Street: Sketch Plan Review
Present for the Public Meeting: Attorney John Farrington; Iqbal Quadir, Applicant; Michael Capachietti,
EIT, Meridian Associates; Michael Novak, Meridian Associates; Gary Larson; Andy Friedlich; Colin Smith,
Colin Smith Architects.
Robert Creech, Chair opened the public meeting for the Sketch Plan Review for the property at 9
Bushnell Drive and then requested a presentation from the Applicant.
Page 2 Minutes for the Meeting of April 7, 2020
Attorney John Farrington provided a review of the proposed project, the history of past
development attempts of the property, the topographical conditions of the project,
assemblage of land, in addition to the benefits of such project to the Town.
Gary Larson reviewed the proposed site development plan as shown on the site plans
entitled 277 Waltham Street, Balanced Housing Development located in Lexington,
Massachusetts, prepared by Meridian Associates, dated June 19, 2019. Mr. Larson
stated that the project would create a new curb cut on Waltham Street, with access for
the existing dwelling onto Bushnell Drive. Mr. Larson provided a further review of the
proposed nine (9) townhouse units that are located in four (4) new dwellings, in
addition to a new dwelling located to the west of the existing dwelling. Mr. Larson
reviewed the comments provided by Town of Lexington staff and how the project was
designed to accommodate those comments. There was a note by Mr. Larson that the
project would require rock removal potentially though blasting.
Colin Smith provided a historical fact about the property, such that a driveway on a
historical map is in the location that the new curb cut is proposed. Mr. Smith gave a
review of the proposed architecture, which included a summary of the interior layout,
and how the project was designed into the topography.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Richard Canale requested clarification regarding the roadway, especially about an
easement relative to a legal right to utilize the Bushnell Drive access driveway. Mr.
Canale further requested clarification regarding emergency access, whether the Fire
Department would have access. Mr. Canale questioned the Applicant about the number
of off-street parking spaces and also the use of the access driveway from Bushnell Drive.
Mr. Canale said that access is a critical issue that needs addressing in order to see what
the path forward could be.
Ginna Johnson requested clarification regarding the grade of the provided proof plan.
Ms. Johnson requested a grading plan illustrating that the proposed road on the proof
plan can comply with the requirements of the Lexington Subdivision Regulations
maximum grades. Ms. Johnson provided input for the proposed Balanced Housing
Development Plan, relative to the steep topography and also requested the footprints
of the adjacent properties for the entire five (5) acres as required by Planning Board
Regulations.
Andy Friedlich provided a statement about the proposed project, the positive financial
impacts for the Town, in addition to the need for smaller housing units.
Mr. Creech opened the floor for public comment. The following comments were
provided.
A statement of concern regarding flooding within the area, and how the proposed
project will impact flooding in the area. In addition to a request for clarification as to the
type of mitigation that would be provided to ensure that flooding would be mitigated
post construction.
A request for clarification regarding the impacts of traffic on the driveway.
Minutes for the Meeting of April 7, 2020 Page 3
A statement of strong reservations against the project. It was noted that abutters have
filed a suit in Land Court relative to the use of the driveway. It was further stated that
the use of the easement is inappropriate and very close to the residential structure.
There was a statement that Attorney Mark Borowski is working with the abutter of the
property, which presents a conflict of interest.
A statement regarding the concern about traffic, safety, and crime associated with
through traffic on Bushnell Drive.
A statement of concern about an increase traffic on Bushnell Drive.
A statement of concern about the lack of a covenant and the resale of the large dwelling
above the existing dwelling at 9 Bushnell Drive and specifically, such a large dwelling
could be used for alternative things.
Mr. Creech questioned if members of the Planning Board had any additional comments.
The following comments were provided.
Charles Hornig reviewed the project which included a review of the layout, only
emergency use of the driveway easement, in addition to the preservation of the top of
the hill as open space.
Mr. Canale commented that the applicant team indicated in their presentation a total
gross floor area less than 40,000 square feet. If the Plan caps the total gross floor area at
40,000 square feet then that the general set up is feasible. That would mean that the
Guest House would be limited to under 5,000 square feet, one thing is that part of the
sketch appears out of scale because the guest house shows an outline too big. If the
Applicant wished to build up to 80,000 gross floor area, the general plan would be
problematic.
Ms. Johnson stated that she would like to see footprints of the abutters’ properties, in
addition to the grading plan, proposed tree removal, how drainage will be managed,
and steepness of the driveway which could create a difficult situation. Ms. Johnson
requested the elimination of the internal driveway due to existing conditions. Ms.
Johnson expressed concern that snow storage at the bottom of the site is not feasible,
the unit and parking at the top of the site was too close to the abutter, and that units at
the bottom of the site reflect the character of Waltham Street historic homes, an
important gateway to Lexington Center.
Mr. Creech provided a series of amendments that Applicant should consider prior to
moving forward to better the project. Without getting into details at this time, he
referenced enhancing privacy for 7 Bushnell Drive, screening between the proposed 5
parking spaces and 10 Bushnell Drive, preventing cut-through traffic coming from
Bushnell Drive and minimizing disruption to the hill and to wildlife on the hill. It was
noted that it was a good proposal and the proposed project is night and day compared
to previous proposals.
Iqbal Quadir stated that one of his reasons for providing through traffic is for the
purposes of protection from fire.
Mr. Creech thanked the Applicant for attending the public meeting and for providing a
presentation.
2. 11 Pelham Road (Beech Tree Lane): Definitive Conventional Subdivision: Public Hearing
Present for the Public Hearing: Michael Capachietti, EIT, Meridian Associates; Dick Perry; Richard Perry;
and Rickh DeAngelis.
Page 4 Minutes for the Meeting of April 7, 2020
Robert Creech, Chair opened the public hearing for the Definitive Conventional Subdivision for the
property at 11 Pelham Road and then requested an update from the Planning Director.
Amanda Loomis provided a brief update regarding staff comments and noting that a decision had been
drafted and circulated and was ready for review.
Mr. Creech asked if the project team had any comments for consideration by the Planning Board.
Michael Capachietti provided a brief review of the project and updates made since the last public
hearing on Thursday, March 26, 2020.
Mr. Creech requested comments from members of the Planning Board. Members of the Planning Board
reviewed the draft decision and provided several amendments that were incorporated into the decision.
Charles Hornig moved that the Planning Board close the public hearing for the project at 11 Pelham Road.
Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll Call: Richard
Canale – yes; Charles Hornig – yes; Ginna Johnson – yes; and Robert Creech – yes). MOTION PASSED
Charles Hornig moved that the Planning Board vote to approve the project at 11 Pelham Road, with the
aforementioned amendments and with conditions. Richard Canale seconded the motion. The Planning Board
voted in favor of the motion 4-0-0 (Roll Call: Richard Canale – yes; Charles Hornig – yes; Ginna Johnson – yes;
and Robert Creech – yes). MOTION PASSED
Charles Hornig moved that the Planning Board allow the Chair of the Planning Board to sign the decision.
Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll Call: Richard
Canale – yes; Ginna Johnson – yes; Charles Hornig – yes; and Robert Creech – yes). MOTION PASSED
Charles Hornig moved that the Planning Board vote to grant the waiver request. Richard Canale seconded the
motion. The Planning Board voted in favor of the motion 4-0-0 (Roll Call: Richard Canale – yes; Ginna Johnson
– yes; Charles Hornig – yes; and Robert Creech – yes). MOTION PASSED
Town Meeting
1. Article 42 Report, Annual Town Meeting
The Planning Board reviewed and discussed the Article 42 Report for Annual Town Meeting. No
amendments were provided.
Richard Canale moved that the Planning Board approve the Article 42 Report for Annual Town Meeting as
drafted. Charles Hornig seconded the motion. The Planning Board voted in favor of the motion 4-0-0
(Richard Canale – yes; Charles Hornig – yes; Ginna Johnson – yes; Robert Creech – yes). MOTION PASSED
2. Article 2 Report, Annual Town Meeting
The Planning Board reviewed and discussed the Article 2 Report for Annual Town Meeting. The Planning
Board collaboratively worked together to rewrite the section on Organization.
Richard Canale moved that the Planning Board approve the Article 2 Report for Annual Town Meeting as
amended. Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion 4-0-0
(Richard Canale – yes; Charles Hornig – yes; Ginna Johnson – yes; Robert Creech – yes). MOTION PASSED
Board Administration
1. Board Member and Staff Updates
Minutes for the Meeting of April 7, 2020 Page 5
No staff reports were provided.
Richard Canale provided an update regarding the Battle Roads Scenic Byways application for
federal designation as an All American Road. Mr. Canale noted that the Application needs to be
thth
submitted to MassDOT by April 30 and MassDOT needs to submit by May 15, unless timelines
change due to the virus.
2. Minutes of March 18, March 19, March 25, and March 26, 2020
The Planning Board reviewed the draft minutes of March 18, March 19, March 25, and March 26, 2020.
Charles Hornig moved that the Planning Board vote to approve the minutes of March 18, March 19,
March 25, and March 26, 2020, as presented. Richard Canale seconded the motion. The Planning
Board voted in favor of the motion 4-0-0 (Roll Call: Richard Canale – yes; Charles Hornig – yes; Ginna
Johnson – yes; Robert Creech – yes). MOTION PASSED
Adjournment
Richard Canale moved that the Planning Board vote to adjourn. Charles Hornig seconded the motion. The
Planning Board voted in favor of the motion 4-0-0 (Roll Call: Ginna Johnson – yes; Richard Canale – yes;
Charles Hornig – yes; Robert Creech – yes). MOTION PASSED
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.
11 Pelham Road:
Application dated 2.11.20 (9 Pages).
Stormwater Report dated 1.21.20 (130 Pages).
Site Plans dated 2.11.20 (10 Pages).
Cover Letter sated 2.11.20 (2 Pages).
Ginna Johnson, Acting Clerk of the Planning Board