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PLANNING BOARD MINUTES
MEETING OF JULY 29, 2020
Minutes of the Lexington Planning Board
Held on July 29, 2020, Virtual Meeting per Governor Baker’s Order at 7:00pm
Present: Robert Creech, Chair; Robert Peters, Vice-Chair; Ginna Johnson, Clerk; Richard Canale; and Charles
Hornig. 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 7:00p.m. on Wednesday, July 29, 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.
1. Development Administration
a. 91 Hartwell Avenue – Site Plan Review with Special Permit
Robert Creech, Chair opened the public hearing for 91 Hartwell Avenue and then
continued the public hearing without testimony to Wednesday, August 12, 2020 at
7:00pm.
b. Luongo Farms Lane (off Pleasant Street) Subdivision – Surety Release and Minor
Modification
Present for the Public Meeting: Robert Phelan
Mr. Phelan provided a brief overview of the request for the project known as Luongo
Farms Lane Subdivision, as outlined in the letter RE: Luongo Farm Lane, Surety Release,
dated July 20, 2020.
Page 2 Minutes for the Meeting of July 29, 2020
Mr. Creech requested comments from the Planning Board. The Planning Board provided
the following comments.
Richard Canale referenced the construction of the sidewalk by the Applicant. Mr.
Canale referenced the site plan identified three conservation areas, relative to the
inclusion of the required trail. Mr. Canale requested clarification regarding the
Applicants understanding of the area entitled conservation. Mr. Phelan provided
a brief review of the trail and what has been installed relative to sidewalk.
Charles Hornig requested clarification as to whether the project meets all of the
other requirements of the Planning Board’s Decision and Town requirements.
Mr. Hornig questioned if the street has been accepted by the Town.
Ginna Johnson, Robert Peters, Bob Creech all stated the project was before their
time and therefore have no questions.
Charles Hornig moved that the Planning Board modify the special permit to
remove the requested conditions as outlined in the Robert Phelan’s letter RE:
Luongo Farm Lane, Surety Release, dated July 20, 2020. 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;
Ginna Johnson – yes; and Robert Creech – yes). MOTION PASSED
Charles Hornig moved that the Planning Board vote to release the Surety held
for the project known as Luongo Farms Lane 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; Robert Peters – yes;
Ginna Johnson – yes; and Robert Creech – yes). MOTION PASSED
Charles Hornig moved that the Planning Board authorize the Chair of the
Planning Board to sign the release of the surety for the project known as
Luongo Farms Lane. 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; and Robert Creech
– yes). MOTION PASSED
c. 53 Hancock Street – Definitive Site Sensitive Special Permit Residential
Development
Present for the public hearing: Attorney Ranen Schechner; Jason Brickman, Applicant;
Fred Russell, P.E.; and Erik Bednarek (Landscape Architect)
Robert Creech, Chair opened the public hearing and requested an update from the 53
Hancock Street project team.
Attorney Schechner provided a brief review of the two (2) outstanding items, which
include the historic preservation covenant and the landscaping plan. Attorney Schechner
presented the historic preservation restriction, which was based on MGL c. 184 and the
Shade Street covenant. Attorney Schechner stated the reasons for not wanting to agree to
the Massachusetts Historical Commission’s historic structure preservation covenant.
Minutes for the Meeting of July 29, 2020 Page 3
Mr. Creech requested comments from the Planning Board. The Planning Board provided
the following comments.
Charles Hornig provided a brief review of a recent conversation with the
Historical Commission. Mr. Hornig stated he is concerned about the way that the
covenant has been drafted. Mr. Hornig stated his concerns regarding the
restrictive covenant. Mr. Hornig and Attorney Schechner discussed the options
and draft conditions regarding the historic covenant.
Mr. Canale concurred with statements made by Mr. Hornig.
Ginna Johnson requested clarification regarding the length of the proposed
historic restriction. Ms. Johnson and Attorney Schencher discussed her concerns
about the duration of the proposed historic restriction. Ms. Johnson provided a
brief review of her stance regarding the project and the need for the historic
preservation document being reviewed by the Lexington Historical Commission.
Robert Peters concurred with Ms. Johnson regarding the need to provide
protection for the house in perpetuity.
Mr. Creech stated that he was under the assumption that the interior of the
historic house would be renovated prior to being sold.
Ms. Johnson review the proposed landscape plan, along with her
recommendation for improvements along the streetscape.
Mr. Hornig provided his proposed amendments to the draft decision regarding
the historic restriction.
The Planning Board and the Applicant’s project team discussed the location of the
proposed utility pole and the transformer box; the proposed landscaping and
streetscape design; protection of the historic structure along with the proposed
preservation restriction; in addition to overall concerns about the design of the
project compared to the Applicant just moving forward with the previously
endorsed Approval Not Required (ANR) Plan of Land.
Furthermore, members of the Planning Board discussed the Section L. Historic
Structure as drafted in the draft decision, and proposed amendments to the
section. Ms. Johnson requested that the Chair of the Planning Board draft a letter
to the Historical Commission to preserve the existing structure for thirty (30)
years.
Mr. Creech opened the floor for public comments. The following comments were
provided.
A statement of concern regarding the length of the historic restriction and the
lapse of the previous restriction.
A statement of concern regarding the sewer line that crosses an abutter’s
property.
A question regarding snow storage and site circulation.
A requesting the Planning Board consider requiring larger street trees.
Page 4 Minutes for the Meeting of July 29, 2020
The Planning Board and the Applicant’s project team reviewed the draft decision.
The draft decision was amended throughout the review.
Mr. Brickman requested clarification as to what type of permitting would be
required if they were to move the sewer line at a later date. Mr. Hornig provided
direction to Mr. Brickman regarding the request.
Charles Hornig moved that the Planning Board vote to close the public hearing
for the project at 53 Hancock Street. Richard Canale seconded the motion. The
Planning Board voted in favor of the motion (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 approve the project at
53 Hancock Street, as amended. Richard Canale seconded the motion. The
Planning Board voted in favor of the motion (Roll call: Richard Canale – yes;
Charles Hornig – yes; Ginna Johnson – yes; Robert Peters – yes; and Robert
Creech – yes). MOTION PASSED
d. 840 Emerson Garden Residential Development Street Name
The Planning Board reviewed a series of names for the roadway associated with the
project at 840 Emerson Gardens Road.
Charles Hornig, Richard Canale, and Robert Peters agreed that they would like to
see the Emerson Gardens Road extended through the proposed project at 840
Emerson Gardens Road. Ginna Johnson stated that she preferred Autumn Lane.
Charles Hornig moved that Emerson Gardens Road be extended through the project at
840 Emerson Gardens Road. Richard Canale seconded the motion. The Planning
Board voted in favor of the motion 5-0-0. MOTION PASSED
2. Board Administration
a. Appointment of one representative to the Hartwell/Bedford 25% Design Advisory
Group
Robert Creech, Chair stated that three (3) members of the Planning Board would like to
be considered to serve on the Hartwell/Bedford 25% Design Advisory Group, which
included Richard Canale, Charles Hornig, and himself.
Richard Canal provided a brief reasoning for wanting to be the Planning Board’s
representative. Charles Hornig state that he was fine with Mr. Canale serving as the
Planning Board’s representative but questioned if Mr. Canale would be running for an
additional term in 2021. Mr. Creech provided a brief reasoning as to wanting to be the
Planning Board’s representative.
Ginna Johnson moved that Richard Canale serve as the Planning Board’s
representative for the Hartwell/Bedford 25% Design Advisory Group. Robert Peters
seconded the motion. The Planning Board voted in favor of the motion (Roll call:
Robert Peters – yes; Ginna Johnson – yes; Charles Hornig – yes; Richard Canale –
yes; and Bob Creech – yes). MOTION PASSED
b. FY21 Planning Board Plan Review
Minutes for the Meeting of July 29, 2020 Page 5
Ms. Loomis presented the draft FY21 Planning Board Work Plan and amendments made
since the July 8, 2020 Planning Board meeting.
c. Public Outreach Discussion for Citizens Petition regarding Hartwell/Bedford Area
known as Article 43 and 44 at 2020 ATM; and Discussion of Citizen Petition
regarding landscape setbacks known as Article 45 at 2020 ATM
Charles Hornig requested clarification from the Planning Board as to what type of public
outreach they would be requesting for the Hartwell Avenue Town Meeting Articles.
Additionally, Mr. Hornig requested dates for the Town Meeting public hearings to allow
for members of the public to attend.
The Planning Board discussed potential dates in September for the public hearings, in
addition to acknowledgement for the request made by Mr. Hornig regarding public
outreach.
Adjournment
Ginna Johnson 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: Richard Canale –
yes; Charles Hornig – yes; Robert Peters – yes; Ginna Johnson – yes; Robert Creech - yes).
MOTION PASSED
Meeting adjourned at 11:20p.m.
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
53 Hancock Street:
Plan Set dated July 20, 2020 (4 Pages).
Draft Covenant (16 Pages).
Luongo Farm Lane:
As Builts dated June 11, 2020 (2 Pages).
Plans dated May 7, 2004 (14 Pages).
Surety request dated July 20, 2020 (4 Pages).
Special Permit Decision dated April 1, 2004 (8 Pages).
Ginna Johnson, Clerk of the Planning Board