HomeMy WebLinkAbout2020-05-13-PB-min
PLANNING BOARD MINUTES
MEETING OF MAY 13, 2020
Minutes of the Lexington Planning Board
Held on May 13, 2020, Virtual Meeting per Governor Baker’s Order 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 7:00 p.m. on Wednesday, May 13, 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. Affordable Housing – Moderate Income Criteria
Robert Creech, Chair, briefly presented the proposed Moderate Income Regulations as drafted by the
Regional Housing Services Offices (RHSO). Mr. Creech noted that the Planning Board has reviewed the
proposed regulations previously and questioned if the Planning Board has any questions.
Charles Hornig stated that he was satisfied with the proposed regulations.
Richard Canale requested clarification regarding the reason for not providing a maximum,
although a minimum was provided (eighty (80) percent median income). Mr. Canale stated that
he would prefer one-hundred and fifty (150) percent.
Ginna Johnson concurred with Mr. Canale’s recommendation that would set the maximum of
one-hundred and fifty (150) percent.
Page 2 Minutes for the Meeting of May 13, 2020
Robert Peters stated that he was satisfied with the proposed regulations. Mr. Peters requested
clarification that one-hundred and fifty (150) percent is regulated by the state.
The Planning Board briefly discussed the proposed documents relative to the inclusion of a definition for
moderate income households. It was requested by the Planning Board that the regulations include the
definition for moderate housing, which would include the maximum and minimum income limits.
The Planning Board continued the discussion to May 27, 2020 to allow for the revisions to be included.
2. Lexington Hill Subdivision – 53 & 61 Walnut Street (Cart Path Lane) – Minor Modification
Present for the Public Hearing: Attorney Don Borenstein, Johnson & Borenstein, LLC.
Robert Creech, Chair, introduced the public meeting review of Lexington Hills Subdivision, containing
Cart Path Lane. Mr. Creech requested a presentation from Attorney Don Borenstein.
Attorney Borenstein provided a brief review and update on recent actions taken by the Applicant.
Mr. Creech requested a review from the Planning Director relative to the requested items.
Ms. Loomis provided a brief review of documents submitted by the Applicant. Such documents included
CAD files that were sent to DPW for review, four (4) updated plan sheets, a mylar of the proposed
easement. It was noted that Ms. Loomis and Mr. Hornig recently conducted a site visit to inspect the
recently installed trail. Ms. Loomis further noted that the Applicant had contracted with a pump company
whom will maintain the pump station, an as-built will be provided within the next ninety (90) days, and
that both Homeowner Association and covenant documents have been provided.
Attorney Borenstein stated that the catch basins have been inspected and cleaned. It was noted that a
damaged grate will be removed and replaced.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Charles Hornig requested information about the requested stormwater management and
associated logs for such maintenance. Mr. Hornig stated that he would like the trail to be
AAB compliant and meet the DCR trail at grade. Attorney Borenstein provided a brief
update on the constructed trail, which included the Applicant’s contribution of three-
thousand ($3,000) dollars for the trail. Attorney Borenstein stated that his client was
willing to connect the trail to DCR if allowed to grade onto state property.
Richard Canale requested to hear from the local trails committee at this time.
Mr. Creech requested that Keith Ohmart and Mike Tabaczynki to be able to speak
regarding the trail on the property.
Mr. Tabaczynski provided a review about of fill needed to bring the trail to grade and that
the amount of fill would be difficult to bring in due to the construction of the trail. Ginna
Johnson provided a brief summary about wetlands and fill, additional information was
provided about work on DCR lands (Note: Ms. Johnson disclosed that she was a DCR
employee).
Mr. Creech continued Planning Board member comments. The following comments were
provided.
Robert Peters stated that he did not have any comments at this time.
Minutes for the Meeting of May 13, 2020 Page 3
Mr. Hornig provided a review of the grade changes that would limit the potential location
of such trail. Mr. Hornig further requested clarification regarding the logistics needed to
connect the trail and the state property.
The Planning Board and members of the trails committee discussed the proposed trail, the
trees within the area, in addition to challenges associated with the working on state
owned land.
The Planning Board and Attorney Borenstein reviewed the draft decision for the project.
Charles Hornig moved that the Planning Board vote to determine that the proposed
modifications to the Definitive Subdivision Plan and Special Permit with Site Plan Review
are minor as proposed for the properties located at 53 and 61 Walnut Street (Lexington
Hills Subdivision). 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; Ginna Johnson
– yes; Robert Peters – 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 Lexington Hills Subdivision. 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; Ginna Johnson – yes; Robert Peters – yes; and Robert Creech –
yes). MOTION PASSED
Charles Hornig moved that the Planning Board vote to grant an approval with conditions
for minor modifications to the May 1, 2007 Planning Board decisions for a Definitive
Subdivision Plan and Special Permit with Site Plan Review, for the properties located at 53
and 61 Walnut Street (Lexington Hills Subdivision). 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; Ginna Johnson – yes; Robert Peters – yes; and Robert Creech – yes).
MOTION PASSED
Board Administration
1. Tentative Transportation Demand Management Update by Staff
Present for the presentation was Sheila Page, Assistant Planning Director and Susan Barrett,
Transportation Manager.
Robert Creech, Chair introduced the topic and requested a presentation from staff that was
present.
Sheila Page presented a PowerPoint presentation entitled Transportation Demand Management
Updated, dated May 13, 2020. The presentation briefly covered transportation demand
management, tools that Lexington has, present zoning, managing Lexington’s transportation
demand, TMO-1 Plan Update, TDM Policy Update, updating the Hartwell TMO-1 Plan, and
next steps.
2. Approval for the Planning Board Chair to sign all documents for the Planning Board during
COVID State of Emergency
Charles Hornig moved that the Planning Board vote to allow the Chair of the Planning Board
to sign all documents for the Planning Board during the COVID State of Emergency. Robert
Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call:
Page 4 Minutes for the Meeting of May 13, 2020
Robert Peters – yes; Charles Hornig – yes; Richard Canale – yes; Ginna Johnson – yes; and
Robert Creech – yes). MOTION PASSED
3. Approval for the Planning Director to sign or endorse all plans for the Planning Board during
COVID State of Emergency
Charles Hornig moved that the Planning Board voted to allow the Planning Director to sign
or endorse all plans for the Planning Board during the COVID State of Emergency. Ginna
Johnson seconded the motion. The Planning Board voted in favor of the motion 5-0-0- (Roll
Call: Ginna Johnson – yes; Charles Hornig – yes; Richard Canale – yes; Robert Peters – yes;
and Robert Creech – yes). MOTION PASSED
4. Board Member and Staff Updates
Richard Canale provided a brief update on the recent progress on the Battle Road Byways applications.
5. Minutes of April 15, 2020 and April 22, 2020
The Planning Board briefly reviewed the draft meeting minutes of April 15, 2020 and April 22, 2020.
Ginna Johnson moved that the Planning Board approve the meeting minutes of April 15, 2020 and
April 22, 2020 as presented. Robert Peters seconded the motion. The Planning Board voted in favor of
the motion 5-0-0 (Roll Call: Robert Peters – yes; Ginna Johnson – yes; Richard Canale – yes; Charles
Hornig – yes; and Robert Creech – yes). MOTION PASSED
Adjournment
Ginna Johnson moved that the Planning Board vote to adjourn. Richard Canale seconded the
motion. The Planning Board voted in favor of the motion 5-0-0 (Roll Call: Richard Canale –
yes; Ginna Johnson – yes; Robert Peters – yes; Charles Hornig – yes; and Robert Creech –
yes). MOTION PASSED
Meeting adjourned at 9:01pm
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
Affordable Housing:
Updated Lexington Moderate Income Standards dated 3.12.20 (3 Pages).
Lexington Hills Subdivision Plan (Cart Path Lane):
Request latter dated 4.15.20 (7 Pages).
Enclosure 1- 2014 Modification (6 Pages).
Enclosure 2-Grant of Easement Book 50138 Page 520 (3 Pages).
Enclosure 3-2017 Easement Relocation Instrument (5 Pages).
Enclosure 4-2017 Easement Plan (1 Page).
Enclosure 5-Amendment to Homeowners Association to include new easement location
(2 Pages).
Minutes for the Meeting of May 13, 2020 Page 5
Enclosure 6-Request 2017 modification dated 1.25.17 (11 Pages).
Enclosure 7-2017 Plan Modification (1 Page).
Enclosure 8-Draft 2017 Modification Decision (4 Pages).
Enclosure 9-Release of Covenant (3 Pages).
Enclosure 10-Photo of Easement location (1 Page).
Comment to the Planning Board Regarding the trails (5 Pages).
Cost Estimate date 5.7.20 (1 page).
Tentative Transportation Demand Management Update by Staff:
Transportation Demand Management Policy Adopted 9.16.98 (6 Pages).
RFP for Hartwell Avenue Traffic Mitigation Plan revised 5.11.20 (7 Pages).
Transportation Mitigation for TMO-1 District from 11.3.98 (8 Pages).
Robert Peters, Clerk of the Planning Board