HomeMy WebLinkAbout2020-04-15-PB-min
PLANNING BOARD MINUTES
MEETING OF APRIL 15, 2020
Minutes of the Lexington Planning Board
Held on April 15, 2020, Virtual Meeting per Governor Baker’s Order at 7:00pm
Present: Robert Creech, Chair; Charles Hornig, Vice-Chair; Robert Peters, Clerk; Ginna Johnson; Richard Canale;
and Michael Leon, Associate Member. 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 Wednesday, April 15, 2020.
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 take care not to “screen
share” your computer. Anything that you broadcast may be captured by the recording.
Development Administration
1. 147 Shade Street, Definitive Site Sensitive Special Permit Residential Development
Present for the Public Hearing: Frederick Russell, P.E
Robert Creech, Chair opened the public hearing and then requested a presentation from the Applicant.
Mr. Russell provided a brief update regarding recent amendments made to the project relative to
comments received from the Fire Department.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Page 2 Minutes for the Meeting of April 15, 2020
Richard Canale, Charles Hornig, Robert Peters, and Mr. Creech did not have any
comments at this time.
Ginna Johnson requested clarification relative to the removal of six (6) shade trees. Ms.
Johnson further stated concerns relative to the damage of the tree’s root system and
the loss of such trees would change the character of the neighborhood.
The Planning Board reviewed the draft decision. Ms. Johnson requested a condition be
included in the decision relative to tree protection and replacement of any trees that
die.
Charles Hornig moved that the Planning Board voted to approve the Definitive Site
Sensitive Special Permit for Residential Development application, with conditions.
Richard Canale seconded the motion. The Planning Board voted in favor of the motion
5-0-0 (roll call: Ginna Johnson – yes; Robert Creech – yes; Richard Canale – yes; Charles
Hornig – yes; Robert Peters – yes). MOTION PASSED
2. 15-17 Fairland Street & 185 Lincoln Street, Minor Modification to Balanced Housing Special Permit
Residential Development
Present for the Public Meeting: Attorney John Farrington
Ginna Johnson recused herself from the review of the modification for the property at 15-17 Fairland
Street and 185 Lincoln Street. Michael Leon, Associated Planning Board participated in the review of the
request for modification.
Attorney Farrington provided a brief review of the request for modification of the July 10, 2019
Decision. Such modification would include an addition of a twenty-five (25) foot reservation of easement
from the property to a land locked abutting property. Attorney Farrington provided insight relative to
the appeal of the decision granted for this project.
Michael Leon stated that there does not appear to be any objections to the reservation of
easement. Mr. Leon stated that logistical details will need to be worked out, such as the cost for
improvement or modification would be on the granter of the easement. Mr. Leon requested
clarification regarding the need for amendments to the stormwater calculation.
Richard Canale stated that he did not have any comments at this time.
Charles Hornig requested a review of the site plans, which included a review of a retaining wall
within close proximity of the proposed easement. Mr. Hornig questioned if the Applicant would
mind adjusting the easement to avoid the retaining wall that appears to be located in the
proposed easement. Mr. Hornig stated that the Planning Board’s decision should reflect
everything that the Planning Board is and is not determining or deciding with the request for
modification. Mr. Hornig provided a detailed list of items that the Planning Board would not be
deciding with this request for modification. This request for modification does not include:
o Compliance with the applicable sections of the Subdivision Regulations;
o Provide legal access to the abutting property; or
o Determine whether the abutting property is buildable.
Minutes for the Meeting of April 15, 2020 Page 3
Mr. Hornig concluded that this was just the granting of an easement, and should anyone
want to do any improvements to the easement they would have to come back to the
Planning Board.
Mr. Creech questioned if the Applicant would consider making the easement narrower.
Robert Peters stated that he did not have any questions at this time.
Charles Hornig moved that the Planning Board vote to modify the July 10, 2019, Decision by
adding an access easement, subject to the Applicant modifying the easement to preserve the
existing retaining wall. Richard Canale seconded the motion. The Planning Board voted in
favor of the motion 5-0-0 (roll call: Richard Canale – yes; Charles Hornig – yes; Robert Peters –
yes; Michael Leon – yes; Robert Creech – yes). MOTION PASSED
The Planning Board took a brief recess at 7:39pm
The Planning Board returned at 7:53pm
3. 53 Hancock Street, Definitive Site Sensitive Special Permit Residential Development
Present for the Public Hearing: Jason Brickman, Applicant; Attorney Ranen Schechner; Fred Russell, P.E.
Robert Creech, Chair opened the public hearing and then requested a presentation from the Applicant.
Attorney Schechner provided a brief update to the Planning Board relative to the
application currently under review and the potential for the Applicant to redevelop the
property as a Public Benefit Development. Attorney Schechner noted that formal plans
have not been prepared nor has a new application, but rather the project team is
looking for feedback from the Planning Board.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Mr. Creech let the Applicant know that a new application for a Public Benefit
Development project can always be submitted.
Charles Hornig stated that he feels the site is better suited for a Public Benefit
Development, rather than a Site Sensitive Development project.
Richard Canale stated that the Applicant needs to preserve the mansion. Mr. Canale
provided input relative to the potential of a Public Benefit Development project.
Attorney Schechner let the Applicant speak relative to the conceptual design for the
Public Benefit Development. In addition to introducing the 9 unit Public Benefit Housing
concept, Mr. Brickman said that the housing situation had changed recently and that he
was looking for an approach other that the Site Sensitive Development (SSD) proposal.
Nevertheless, he did not want to withdraw the SSD plan at this time and requested that
it be continued to June 10. Mr. Russell provided a brief review of a Public Benefit
Development site layout.
Members of the Planning Board continued to provide input.
Ms. Johnson requested clarification as to whether the review of a Public Benefit
Development conceptual plan was a violation of open meeting law. Ms. Johnson
provided insight relative to the proposed conceptual plans, the concerns of over at least
Page 4 Minutes for the Meeting of April 15, 2020
eighteen (18) vehicles on the property, which far exceeds what was proposed for
developing the parcel, the need for the project to fit in with the character of the
neighborhood, and an in-depth review of the proposed landscaping. Ms. Johnson
provided a review of two (2) sketches attached in the Planning Board Meeting Agenda
Packet for this meeting that she had prepared as to potential site layout options.
Attorney Schechner requested that the Planning Board provide the Applicant one last
continuance for the Site Sensitive Development application. Attorney Schechner stated
th
that if the Applicant was not going to be ready for the June 10 Planning Board meeting,
then notification would be sent well in advance.
Ms. Johnson requested that a covenant be placed on the existing structure to ensure
that it would be preserved.
Mr. Canale provided input relative to the Site Sensitive Development application, which
requires no affordable units, while the Public Benefit Development would require one
(1) affordable unit. Mr. Canale noted that a balanced housing project with five (5) or six
(6) units would seem to be the maximum without the benefit.
Mr. Creech opened the floor for public comment. The following comments were provided.
A statement that the project has gone from bad to worse. A development with nine (9)
units would be more than the property could hold. Such development would be a
parking lot, followed that such pavement would not be in the character of Hancock
Street.
A statement of concern regarding the direction of all the small units being converted
into larger units. Such project is not consistent with the neighborhood, neither is the
Site Sensitive Development nor the Balanced Housing Development.
A statement of support for Ms. Johnson’s proposed sketches.
A statement that affordable housing would be welcomed on this site. However, the
number of units exceeds what the property can handle.
A statement that the developer has put a for sale sign on the property and that the MLS
listing has potentially misleading information.
Mr. Creech stated that the Board was looking for a way to preserve the historic home and an acceptable
compromise was being sought. He also pointed out that Board members had said that the Balanced
Housing concept shown tonight was probably too dense for this site.
Mr. Creech requested closing remarks from members of the Planning Board.
Mr. Canale requested clarification regarding the proposed three (3) units in the existing
mansion. Mr. Canale stated that the project would need to meet the standards of the Bylaw but
would like to see the mansion saved.
Charles Hornig moved that the Planning Board continue the public hearing for the project at 53
Hancock Street to June 10, 2020 at 7:00pm. Richard Canale seconded the motion. The Planning Board
voted in favor of the motion 5-0-0 (roll call: Charles Hornig – yes; Richard Canale – yes; Ginna Johnson
– yes; Robert Peters – yes; Robert Creech – yes). MOTION PASSED
4. 840 Emerson Gardens Road, Balanced Housing Special Permit Residential Development
Minutes for the Meeting of April 15, 2020 Page 5
Present for the Public Hearing: Attorney John Farrington; Scott Seaver, Seaver Construction; Fred
Russell, P.E; Laurie Tarr Ellsworth, LTE Land Architecture
Robert Creech, Chair opened the public hearing and then requested a presentation from the Applicant.
Attorney Farrington provided a brief review of the project, which included highlights of all amendments
made to the project based on comments received from staff.
Mr. Russell reviewed amendments to the revised site plans dated February 6, 2020, revised through
April 5, 2020. Mr. Russell highlighted amendments made to the plans relative to comments made by the
Department of Public Works, in addition to comments received from the Planning Board. It was noted
that the project requires review by the Conservation Commission, which will be undertaken shortly.
Attorney Farrington provided a review of the proposed moderate housing unit, in addition to the land
being registered land.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Charles Hornig stated that he did not have any comments at this time.
Richard Canale provided a review of the request for an additional moderate housing
unit. Mr. Canale concluded that he would go along with the majority of the Planning
Board as to whether they would like one (1) or (2) units provided, but would prefer two
(2) moderate units.
Ginna Johnson stated that she would request that the project landscape architect be
provided an opportunity to speak about proposed revisions that Ms. Johnson had
submitted to the plant schedule.
Robert Peters requested clarification regarding the cost associated with the
construction of a moderate unit, in addition to the costs required to raze the existing
structure, construct of the trail associated with the easement, in addition to other public
benefits associated with the project.
Mr. Creech stated that he did not have any questions at this time.
Mr. Creech requested a presentation from the Applicant’s landscape architect.
Ms. Tarr Ellsworth provided a review relative to the landscape site plans which included
all native plantings. Ms. Tarr Ellsworth stated that recently amendments were made to
include additional plantings.
Ms. Johnson stated that it would be a condition of approval of the special permit that a
sustainable method of construction and landscaping be utilized. Ms. Johnson stated that
the Town spends a lot of money annually to remove invasive species.
Ms. Johnson and Ms. Tarr Ellsworth discussed landscaping. Ms. Johnson requested that
Ms. Tarr Ellsworth utilize The Vascular Plants of Massachusetts: A County Checklist,
latest edition, to specify plant species native to Middlesex County.
Attorney Farrington requested that the Vascular Plants of Massachusetts: A County
Checklist be provided on the Planning Board’s website to be utilized for future projects.
Page 6 Minutes for the Meeting of April 15, 2020
Mr. Creech requested clarification regarding an increase in the number of public off-
street parking spaces. Mr. Russell stated that he had reached out to Conservation to see
if spaces could be added in the 100’ river front, but did not received a response.
Mr. Creech said that the additional Great Meadow visitor parking spaces should
continue to be pursued by Mr. Russell at the upcoming meeting with the Conservation
Commission.
Mr. Creech questioned if members of the Planning Board had any additional comments.
The following comments were provided.
Ms. Johnson provided a statement of input relative to the moderate affordable housing
issue and agreed that the Applicant was providing many benefits through the project.
Ms. Johnson questioned if the Applicant would consider providing mitigation to offset
the costs of the additional housing units that would be required at a later date.
Mr. Creech opened the floor for public comment. The following comments were
provided.
A request that the Planning Board take a step back and consider approving this project
as presented. Comments from members of the public during the last meeting were
greatly appreciated but some comments provided are not matters of the Planning
Board. For example, comments relative to traffic on Bryant Road, drinking by minors on
conservation land, etc. It was further stated that the Applicant has provided a lot to the
Town, for example removal of an old building, moderate housing unit, trail access, etc.
Mr. Creech questioned if members of the Planning Board had any additional questions.
Mr. Hornig stated that there is nothing in the balanced housing bylaw that requires an
affordable or moderate housing unit. Mr. Hornig stated that there have been reviews to
add such requirement but has not been amended. The project as proposed is preferable
to a conventional subdivision
Mr. Peters stated that he understands the economics of this project and greatly
appreciates what the Applicant proposes. Mr. Peter further stated that he would like to
see more affordability.
Mr. Creech stated that he recently visited another project by Seaver Construction. It was
noted the discussions previously that vinyl siding will not be used.
Mr. Creech opened the floor for final public comments.
A request for clarification as to whether these units, which are intended to be for sale
can be rented or used for short term rental properties.
There was a discussion between Mr. Creech and the Applicant regarding Short term
rentals and the possibility of Investors buying units for this sole purpose. Mr. Seaver said
that the Association documents would preclude Short Term Rentals. He pointed out that
the Association could change that in the future with two-thirds support of the
Association members.
Charles Hornig moved that the Planning Board vote to close the public hearing for the
project at 840 Emerson Gardens Road. Richard Canale seconded the motion. The
Minutes for the Meeting of April 15, 2020 Page 7
Planning Board voted in favor of the motion 5-0-0 (roll call: Robert Creech – yes;
Charles Hornig – yes; Ginna Johnson – yes; Robert Peters – yes; Richard Canale – yes).
MOTION PASSED
Charles Hornig moved that the Planning Board vote to approve the Balanced Housing
Special Permit Residential Development Application for the property at 840 Emerson
Gardens Road, with conditions. Ginna Johnson seconded the motion. The Planning
Board voted in favor of the motion 5-0-0 (roll call: Robert Creech – yes; Charles Hornig
– yes; Robert Peters – yes; Ginna Johnson – yes; Richard Canale – yes). MOTION
PASSED
Charles Hornig moved that the Planning Board vote to allow the Chair of the Planning Board
to sign the decision for 840 Emerson Gardens Road. Robert Peters seconded the motion. The
Planning Board voted in favor of the motion 5-0-0 (a roll call was taken: Robert Peters – yes;
Charles Hornig – yes; Richard Canale – yes; Ginna Johnson – yes; and Robert Creech – yes).
MOTION PASSED
Charles Hornig moved that the Planning Board vote to allow the Chair of the Planning
Board to sign the decision for 147 Shade Street. Richard Canale seconded the motion.
The Planning Board voted in favor of the motion 5-0-0 (roll call: Richard Canale –
yes; Richard Canale – yes; Ginna Johnson – yes; Robert Peters – yes; Robert Creech –
yes). MOTION PASSED
Board Administration
1. Board Member and Staff Updates
Robert Creech provided a brief update regarding a recent training by the Town Manager and the Chair
of the Select Board on utilizing Zoom for public meetings.
2. Minutes of April 7, 2020
The Planning Board reviewed the draft minutes of April 7, 2020. Members of the Planning Board
discussed two suggested amendments to sections of the April 7, 2020 meeting minutes relative to the
term amendment vs. edit. The Planning Board agreed to use edit rather than amendment.
Ginna Johnson moved that the Planning Board vote to approve the minutes of April 7, 2020, as
amended. Richard Canale seconded the motion. The Planning Board voted in favor of the motion 4-0-1
(Roll Call: Richard Canale – yes; Ginna Johnson – yes; Charles Hornig – yes; Robert Creech – yes; Robert
Peters – abstain). MOTION PASSED
Adjournment
Charles Hornig moved that the Planning Board vote to adjourn. Robert Peters seconded the motion. The
Planning Board voted in favor of the motion 5-0-0 (Roll Call: Robert Peters – yes; Charles Hornig – yes;
Richard Canale – yes; Ginna Johnson – yes; Robert Creech - yes). MOTION PASSED
The meeting was recorded by LexMedia.
Page 8 Minutes for the Meeting of April 15, 2020
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
147 Shade Street:
Revised Plan Set dated 4.1.20 (7 Pages).
Revised Cover Letter dated 4.7.20 (5 Pages).
15-17 Fairland Street:
Revised Plan Set dated 3.5.20 (19 Pages).
Cover Letter dated 3.12.20 (1 Page).
Application dated March 6, 2020 (5 Pages).
53 Hancock Street:
Concept Plan dated 4.12.20 (1 Page).
Concept Plan shown at the 3.5.20 Meeting (1 Page).
Ginna Johnson driveway design sketch (2 Pages).
840 Emerson Gardens:
Revised Plan dated 4.5.20 (10 Pages).
Project Cover Letter dated 4.8.20 (12 Pages).
Robert Peters, Clerk of the Planning Board