HomeMy WebLinkAbout2020-09-09-PB-min
PLANNING BOARD MINUTES
MEETING OF SEPTEMBER 9, 2020
Minutes of the Lexington Planning Board
Held on September 9, 2020, Virtual Meeting per Governor Baker’s Order at 7:00 pm
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 7:02 p.m. on Wednesday, September 9, 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.
To mitigate the transmission of COVID-19, we have been advised and directed by the Commonwealth to
suspend public gatherings. 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 guarantee public participation unless such participation is required by
law. This meeting will feature a 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 see you, and take care not to “screen share” your
computer. The recording may capture anything that you broadcast.
1. Town Meeting
a. Amend Zoning Bylaw Public Hearing-Distance from Basement, Slab or Crawl
Space and Groundwater: Add a new §135-4.5 entitled Distance from Basement, Slab
or Crawl Space and Groundwater
Present for the Public Hearing: James Kelly, Lexington Building Commissioner
Robert Creech, Chair, opened the public hearing for Article 9 and requested a
presentation from Mr. Kelly.
Mr. Kelly presented a PowerPoint presentation entitled Article 9: Amend Zoning Bylaw
– Distance from Basement, Slab or Crawl Space, and Groundwater. The presentation
identified the problem that Article 9 intends to address; the potential solution to the
Page 2 Minutes for the Meeting of September 9, 2020
problem; a review of examples relevant to discharging of water without proper planning,
pumping water into the street, sewer, and drainage system; the need for engineering
review; a review of conditions and requirements that Article 9 proposes; a review of
comments received from builders; and a summary of the intent for the submitted article.
Mr. Creech requested clarification regarding a developer to lift a foundation out of the
water, but rather for a developer not to build in the groundwater. Mr. Kelly confirmed
that Mr. Creech was correct.
Mr. Creech requested comments from members of the Planning Board. The following
comments were provided.
Richard Canale stated that he did not have any comments, and the Article looked
good.
Ginna Johnson requested clarification about how the two (2) feet depth is
measured to ensure there are no questions. Mr. Kelly provided a review of the
margin of error to take into consideration.
Robert Peters requested clarification as to how do the two (2) feet compare to
other comparable communities doing whether bylaw. Mr. Kelly stated that other
communities are using one (1) foot, and provided clarification regarding the
proposed two (2) feet separation. Mr. Peters thanked Mr. Kelly for his efforts and
stated that he supports this Article.
Mr. Creech stated that he supports the Article.
Mr. Creech opened the floor for public comment. The following comments were
provided.
A request for clarification regarding a fixed reference point for comparison for
abutting properties. The request for clarification was followed by a question
about issues with the lack to compare abutting properties elevation
measurements.
It appears that there was an amendment made to the draft Bylaw since the Spring
2020 edition, which makes the language stronger.
A request for clarification as to when this proposal would become effective. Mr.
Kelly stated that it would be the date of the legal advertisement in the local paper.
Robert Creech moved that the Planning Board continue the public hearing for
Article 9, Distance from Basement, Slab or Crawl Space, and Groundwater to
Wednesday, September 23, 2020, at 7:00 p.m. 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; Robert Creech – yes) MOTION PASSED
b. Amend Zoning Bylaw Public Hearing-Short Term Rentals: Add a new section to
§135-6, entitled Short Term Rentals
Present for the public hearing: Jennifer Gingras, Zoning Administrator
Robert Creech, Chair, opened the public hearing for Article 10 and requested a
presentation from Ms. Gingras.
Minutes for the Meeting of September 9, 2020 Page 3
Ms. Gingras presented a PowerPoint presentation entitled Amend Zoning Bylaw – Short
Term Rentals (STR). The presentation highlighted the proposed regulations relative to
Short Term Rentals, which included a review of the Problem, the Solution, overview, and
registration of a Short Term Rental, the difference between Operator-Occupied and
Operator-Adjacent units, and Short Term Rental Options.
Mr. Creech requested comments from the Planning Board. The following comments were
provided.
Charles Hornig, Robert Peters, Richard Canale did not have any questions and
supported the Article.
Ginna Johnson stated that she also supported this article and commented on a
graphic in the presentation for clarification.
Mr. Creech also stated that he supports the Article, but requested clarification
regarding the regulations relative to the renting of a unit no more than 90 days.
Ms. Gingras explained the 90-day limitation. Mr. Creech asked for further
clarification in the presentation for clarity.
Mr. Creech opened the floor for public comments. The following comments were
provided.
A member of the public provided a review of three topics of concern for the
resident. These topics include Commercial Events Prohibited; limit of occupancy
to 10 guests or two guests per bedroom; a limitation of outdoor space no later
than 9 pm. Ms. Gingras responded to the three issues. The Planning Board
discussed three potential amendments presented by a member of the public
relative to noise, number of guests, and use of the property for commercial uses.
Ms. Gingras provided a review of the draft Short Term Rental Regulations, which
addressed several of the concerns identified by the resident.
A statement identifying the concerns previously identified. The resident stated
that he operates a responsible Short Term Rental and requested additional
clarification about what would be allowed to be rented out. A further request for
clarification as to how 90 days is calculated. A question as to what happens in the
event of a violation. Ms. Gingras stated that there are fees, and also the Short
Term Rental application would not be renewed.
A request for clarification as to how to address the 90 days rule. The Planning
Board guided the request for the proposal to be more flexible relative to the 90
days.
A statement or concern about Short Term Rentals and that she wanted to live
next to a hotel she would have. The resident further thanked Ms. Gingras for all
her efforts and the Planning Board for taking this very seriously.
Mr. Creech questioned if any Planning Board members had any additional
comments.
Mr. Peters stated that if the Town requires a rental log, then the Town should put
parameters around it.
Robert Creech moved that the Planning Board continue the public hearing for
Article 10, Short Term Rentals to Wednesday, September 23, 2020, at 7:00 p.m.
Ginna Johnson seconded the motion. The Planning Board voted in favor of the
Page 4 Minutes for the Meeting of September 9, 2020
motion 5-0-0 (Roll Call: Ginna Johnson – yes; Charles Hornig – yes; Richard
Canale – yes; Robert Peters – yes; Robert Creech – yes) MOTION PASSED
2. Development Administration
a. 11 and 17 Carley Road – Approval Not Required
The Planning Board briefly reviewed the Plan of land for 11 and 17 Carley Road.
No comments were made.
Ginna Johnson moved that the Planning Board endorse the Plan of Land for
the Approval Not Required (ANR) application for the property located at 11 and
17 Carley Road. 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; Charles Hornig – yes; Robert Peters – yes; Robert Creech –
yes). MOTION PASSED
3. Town Meeting
a. Amend the Zoning Bylaw Public Hearing – Site Plan Review: delete §135-9.5.2
Applicability; amend §135-9.5.4.3; and delete §135-9.5.6.6 in its entirety
Robert Creech, Chair, opened the public hearing for Article 11 and requested a
presentation from Charles Hornig.
Mr. Hornig provided an overview of the proposed amendments for Article 11. Mr.
Hornig noted the changes and reasoning for each of the proposed changes.
Mr. Creech requested comments from the Planning Board. The following
comments were made:
Robert Peters stated that he did not have any comments at this time.
Richard Canale stated his concerns regarding the lack of notice to residents. Mr.
Canale reviewed the thresholds relative to requiring site plan review, and there
should be a limit for a project over 30,000SF. Mr. Hornig reviewed the process
of notice and options for amending the public notice process.
Charles Hornig provided clarification regarding options for advertising and the
limited timeframe for a project review. Mr. Hornig further discussed thresholds
and requested a language that achieves proper assessment of a project.
Ginna Johnson reviewed the project threshold size by giving examples of
projects that should have Town review.
Mr. Hornig and Mr. Canale discussed a proper timeline for legal notice to
abutters. Mr. Canale suggested notification be sent two weeks before the public
hearing.
Mr. Creech supported Mr. Canale's suggestion of legal notice to residents two
weeks before the opening public hearing.
Mr. Creech opened the floor for public comment. No public comment was made.
Minutes for the Meeting of September 9, 2020 Page 5
Robert Creech moved that the Planning Board continue the public hearing for Site
Plan Review to Wednesday, September 23, 2020, at 7:00 p.m. Ginna Johnson
seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll
Call: Ginna Johnson – yes; Richard Canale – yes; Charles Hornig – yes; Robert
Peters – yes; Robert Creech – yes) MOTION PASSED
b. Amend the Zoning Bylaw Public Hearing – Financial Services: Amend
§135-3.1.6; amend Table 1, Permitted Uses and Development Standards
row H.1.05, delete row H.1.06 and H.1.07, and add a new row H.2.03;
amend §135-10.1, definitions.
Robert Creech, Chair, opened the public hearing for the Financial Services Town Meeting
Article. Mr. Creech stated that the Center Committee voted unanimously 7-0-0 to support the
Article last week.
Charles Hornig presented a brief overview of Article 12, Financial Services. Mr.
Hornig stated such an article is in reaction to recent business practices around the
operation of banks.
Mr. Creech requested comments from the Planning Board. The following comments
were provided.
Robert Peters stated that he has no questions and that he supported this article
in the spring and still does.
Richard Canale stated that he has no questions.
Ginna Johnson requested clarification regarding the name of the Article. Mr.
Hornig explained as to why they cannot change the name. Ms. Johnson stated
that she supports this Article.
Mr. Creech stated that he supported this Article and was grateful for the
additional time.
Mr. Creech opened the floor for public comment. No public comments were
provided.
Robert Creech moved that the Planning Board continue the public hearing for
Financial Services to Wednesday, September 23, 2020, at 7:00 p.m. Robert Peters
seconded the motion. The Planning Board voted in favor of the motion 4-0-0 (Roll
Call: Robert Peters – yes; Richard Canale – yes; Charles Hornig – yes; Robert
Creech – yes) MOTION PASSED
Note: Ms. Johnson lost connection during the vote of the Article, but was present
during the entire discussion of the Article.
c. Amend the Zoning Bylaw Public Hearing – Solar Energy Systems: Amend
§135-3.2.2; add a new §135-4.3.1.3; amend §135-10.1 Definitions, by adding
new definitions relative to Solar Energy Systems; Amend Table 1,
Permitted Uses and Development Standards by deleting the existing O.1.10
and adding four new rows (O.1.10, O.1.11, O.1.12, and O.1.13): add a new
section to §135-6, Solar Energy Systems; and add a new §135-7.3.4
Protected Uses.
Page 6 Minutes for the Meeting of September 9, 2020
Robert Creech, Chair, opened the public hearing for Article 13 and requested a
presentation from Charles Hornig.
Mr. Hornig provided an overview of the proposed amendments for Article 13,
via PowerPoint presentation. The PowerPoint presentation entitled Article 13,
Solar Energy Systems included a review of Why This Change?, Types of
Systems, Building-mounted, Canopy, Residential, Large-scale, Other
Changes, Common Questions, Future Work. Mr. Hornig stated that Article 13
is the same zoning article that the Planning Board supported the Spring of
2020.
Mr. Creech requested comments from the Planning Board. The following
comments were provided.
Richard Canale requested clarification about when a residential solar installation
becomes commercial and is the community comfortable with commercial use in
residential neighborhoods?
Ginna Johnson stated her concerns regarding the impacts to mature tree canopies.
Ms. Johnson noted that the Planning Board prohibited large-scale solar
installations on the side, rear, and front setbacks. Mr. Hornig confirmed that such
uses are still banned from the Bylaw.
Robert Peters stated that he supported this Article in the spring and still does
now.
Mr. Creech stated his concerns regarding the size of a ground-mounted solar
installation within proximity to residential uses. Mr. Creech noted that there
would be additional research for a proposal for the residential ground mounted
uses for an Annual Town Meeting of 2021.
Mr. Creech opened the floor for public comments. The following comments were
provided.
A statement was made regarding the Sol Smart evaluation recently conducted on
the proposed Bylaw.
A statement regarding a project when a residential directly abuts a commercial
property. What is being done to mitigate impacts on residential property?
Mr. Creech requested additional comments from the Planning Board. The
following comments were provided.
Mr. Canale stated his concerns regarding the effects on health relative to the loss
of tree canopy.
Ms. Johnson stated her concerns regarding a quick reaction to embrace new
energy sustainability options.
Robert Creech moved that the Planning Board continue the public hearing for Solar
Energy Systems to Wednesday, September 23, 2020, at 7:00 p.m. Ginna Johnson
seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll
Minutes for the Meeting of September 9, 2020 Page 7
Call: Ginna Johnson – yes; Richard Canale – yes; Robert Peters – yes; Charles Hornig
– yes; Robert Creech – yes) MOTION PASSED
d. Amend the Zoning Bylaw Public Hearing – Wireless Communication Facilities:
Amend row O.1.08 of Table 1, Permitted Uses and Development Standards;
amend §135-96.4 Wireless Communication Facilities; amend §135-9.4.1.1.c;
amend §135-10.1 Definitions, relative to Wireless Communication Facilities.
Robert Creech, Chair, opened the public hearing for Article 14 and requested a
presentation from Charles Hornig.
Mr. Hornig provided an overview of the proposed amendments for Article 14. Mr.
Hornig presented a PowerPoint presentation that provided an overview of Why
this change? and What is being offered.
Mr. Creech requested comments from the Planning Board. The following
comments were provided.
Robert Peters stated that he did not have any questions.
Richard Canale requested clarification of a question proposed in February
regarding consistency between private land and public land relative to Wireless
Communication. Mr. Hornig provided clarification of the dovetailing of the two
regulation efforts. Mr. Canale requested guidance from the Communications
Advisory Committee.
Ginna Johnson provided a review of her observations of such infrastructure and
the concerns about potential impacts on the environment.
Mr. Hornig stated that the current regulations in the Zoning Bylaws are currently
in violation of federal regulations.
Mr. Canale requested clarification about how many communities have been
rushing to amend their regulations to their bylaws and ordinances.
Mr. Creech opened the floor for public comment. The following comments were
made.
Mr. Pogran of the Communications Advisory Committee spoke in favor of the
proposed Article, noting that the Communications Advisory Committee worked
in the Spring of 2020 with Mr. Hornig to finalize the submitted Article, and
Lexington is presently behind the curve with the Federal Regulations.
Robert Creech moved that the Planning Board continue the public hearing for
Wireless Communication Facilities to Wednesday, September 23, 2020, at 7:00 p.m.
Ginna Johnson seconded the motion. The Planning Board voted in favor of the motion
5-0-0 (Roll Call: Ginna Johnson – yes; Richard Canale – yes; Robert Peters – yes;
Charles Hornig – yes; Robert Creech – yes) MOTION PASSED
e. Amend the Zoning Bylaw Public Hearing – Technical Corrections: Amend
§135-4.1.1 Table 2, Schedule of Dimensional Controls, line “Minimum side yard
in feet.”
Page 8 Minutes for the Meeting of September 9, 2020
Robert Creech, Chair, opened the public hearing for Article 15 and provided a brief
review of the proposed Article.
Mr. Creech requested comments from the Planning Board. The Planning Board reviewed
and discussed the proposed amendments to the Lexington Zoning Bylaw, relative to the
Technical Corrections Article. All members of the Planning Board supported Article 15:
Technical Corrections as presented.
Mr. Creech opened the floor for public comments. No comments were provided.
Robert Creech moved that the Planning Board continue the public hearing for
Technical Corrections to Wednesday, September 23, 2020, at 7:00 p.m. Ginna Johnson
seconded the motion. The Planning Board voted in favor of the motion 5-0-0 (Roll
Call: Ginna Johnson – yes; Robert Creech – yes; Robert Peters – yes; Richard Canale
– yes; Charles Hornig – yes) MOTION PASSED
4. Board Administration
a. Board Member Updates
Ms. Loomis provided a brief reminder about the meetings scheduled for
September 14, 2020.
Richard Canale requested a summary regarding follow-up with the Select Board
and the Chair of the Select Board regarding the Hartwell Rezoning Initiative, in
addition any agreements, discussion, etc. The Planning Board discussed the
Hartwell Rezoning Initiative, in addition to housing within the area.
b. Upcoming Meeting and Anticipated Schedule
th
Ms. Loomis provided a review of the scheduled meetings on September 14 and
rd
23. Ms. Loomis wanted to know if the Planning Board wanted to schedule
thth
meetings on September 30 and October 7.
c. Review of the Planning Board Meeting Minutes of August 26, 2020
The Planning Board continued reviewing August 26, 2020, Planning Board minutes to
September 14, 2020.
Adjournment
Ginna Johnson moved that the Planning Board adjourn the meeting of September 9, 2020.
Robert Peters seconded the motion. The Planning Board voted in favor of the motion 5-0-0
(Roll call: Ginna Johnson – yes; Robert Peters – yes; Richard Canale – yes; Charles Hornig –
yes; Robert Creech - yes). MOTION PASSED
Meeting adjourned at 10:20 p.m.
Ginna Johnson, Clerk of the Planning Board
The following documents used at the meeting can be found on the Planning Board website in
Planning Board packets.
11 &17 Carley Road ANR:
Application plan dated September 2, 2020 (5 pages).
Plan set dated August 26, 2020 (1 page).
Minutes for the Meeting of September 9, 2020 Page 9
Town Meeting articles all dated September 9, 2020:
Draft Report Groundwater (2 pages).
Draft Report Short Term Rentals (3 pages).
Draft Report Site Plan Review (2 pages).
Draft Report Financial Services (2 pages).
Draft Report Solar Energy Systems (4 pages).
Draft Report Wireless Communication Facilities (7 pages).
Draft Report Technical Corrections (1 page).
Ginna Johnson, Clerk of the Planning Board